Arena Hukum

Journal Information
ISSN / EISSN : 0126-0235 / 2527-4406
Published by: Brawijaya University (10.21776)
Total articles ≅ 283
Current Coverage
DOAJ
Archived in
SHERPA/ROMEO
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Latest articles in this journal

Ani Yunita, Andri Martiana, Riska Wijayanti
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 325-352; https://doi.org/10.21776/ub.arenahukum.2022.01502.6

Abstract:
This research aims to determine the problems faced by Financial Services Authority in carrying out the supervisory, and to optimize the role of OJK's supervision in the implementation of BMT operational activities in Yogyakarta. This is empirical normative research. The results show that there are several problems faced by OJK in carrying out its supervisory role, namely inconsistency in legal regulations related to supervision, limited human resources and technology and lack of coordination between BMT supervisory agencies and to optimize the role of OJK's supervision of BMT operational activities in Yogyakarta. First, legal factor, making laws and regulations and their implementing regulations needs to be explained in a detailed manner. Second, DPS needs to be increased further in order to maximize the implementation of the supervisory function. Third, OJK needs to encourage sharia financial service business actors, especially BMTs, to transform LKMS. Fourth, OJK needs support from the culture of the Yogyakarta community who have high Islamic spiritual so it can support the role of OJK supervision and development of BMT in Yogyakarta.
Fitria Dewi Navisa
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 307-324; https://doi.org/10.21776/ub.arenahukum.2022.01502.5

Abstract:
This research aims to whether in the legislation a person with a disability who is under guardianship is also a legal subject who has the right to obtain inheritance rights as an heir. This juridical normative research is intended to understand legal protection of civil rights for heirs (with disabilities) who are under guardianship. The results shows that if a person is not able to take care of himself, in this case is a person with a disability, then it is necessary to provide amnesty, because in the process of inheriting a person with a disability is considered incapable and his position is equal to an immature person, then the facilitator must be assisted to receive an inheritance, so that he does not lose the inheritance rights. Applications to become “curatele” can be submitted at the District Court / Religious Court for Muslims in their respective jurisdictions. In terms of obtaining the right to inherit, there are legal protection for the heirs of disabilities persons in the Private Law Act and Act Number 8 of 2016 concerning Persons with Disabilities.
Muhammad Jazil Rifqi
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 285-306; https://doi.org/10.21776/ub.arenahukum.2022.01502.4

Abstract:
This article aims to explore the development of the minimum age for marriage in Indonesian legislation and analyze it with progressive law. To explain the transformation of law, this literature research uses a social history approach. This study found that the embryonic age limit for marriage had actually been seen in legal pluralism before the enactment of the 1974 Marriage Law. The marriage age in the Marriage Law Number 1 of 1974 was stated to be 16 years for women and 19 years for men. Unfortunately, the regulation was not in line with the development of society, so it was tested in the Constitutional Court. In 2017, article 7 paragraph (1) was examined where the Constitutional Court granted the request by equating the marriage age to 19 years for men and women. The House of Representatives then amended the Marriage Law as contained in Law Number 16 of 2019. This reform illustrates that the law is not final and absolute, under certain conditions as long as it provides benefits for humans, it is necessary to revise the law. Not vice versa, allowing people to enter into legal schemes that have a negative impact on health, education, economy and so on, but laws that must be studied and corrected.
Deden Rafi Syafiq Rabbani, Ali Abdurahman, Mei Susanto
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 353-379; https://doi.org/10.21776/ub.arenahukum.2022.01502.7

Abstract:
This paper aims to provide an analysis of two important things: First, the conception and use of the preamble to the constitution can be a constitutional touchstone. Second, the use of the preamble to the 1945 Constitution of the Republic of Indonesia as a constitutional touchstone in practice in Indonesia. This normative juridical research uses statutory approach, conceptual approach and case approach. The result is that as a constitutional touchstone, not only the values ​​in the preamble to the constitution are reflected in every constitutional provision, but are also used as a basis for constitutional interpretation, as well as a tool to test the validity of the law in resolving conflicting norms. Furthermore, in Indonesia the use of the Preamble to the 1945 Constitution as a constitutional touchstone is related to the legal position and status of the Preamble to the 1945 NRI Constitution as an integral part of the constitution as well as a foundation in establishing a constitution. The preamble to the 1945 Constitution is often used as a source of constitutional rights in the practice of judicial review at the Constitutional Court, as well as a tool in testing the legal validity of a statute.
Rumainur Rumainur, Henda Hidayat
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 380-398; https://doi.org/10.21776/ub.arenahukum.2022.01502.8

Abstract:
This research analyses how the Animal, Fish, and Plant Quarantine Law currently regulates quarantine and its institutions in positive law, the form and position of government institutions referred to in the Indonesian constitutional structure, and the direction of the government’s institutional arrangements is linked to Article 8 of the Quarantine Law. Animals, Fish and Plants in the Indonesian constitutional structure. Therefore, the form of government institution in the quarantine sector based on Article 8 of the Animal, Fish, and Plant Quarantine Law which is in accordance with the Indonesian legal system and constitutional structure is a Government Institution at the Ministry Level, considering the biosecurity function carried out in the implementation of quarantine. This normative legal research is supported by secondary data and analyzed qualitatively. From the results of the research, the government still needs to follow up on the regulation of animal, fish and plant quarantine and its institutions in the Animal, Fish and Plant Quarantine Law by drafting a Government Regulation Draft.
Herlin Angela Dewi
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 399-422; https://doi.org/10.21776/ub.arenahukum.2022.01502.9

Abstract:
This study aims to determine the independence of the government internal supervisory apparatus in order to realize the implementation of good governance in the Continuous Auditing and Continuous Monitoring (CACM) based local government environment. This normative juridical research show that CACM are tools that are expected to support the implementation of audits in order to produce effective and efficient audits. The research method used is normative juridicial. The results showed that APIP maintain independence and responsibility for supervision and guidance and be free from pressure from any party in order to realize reliable supervisory results the implementation of good governance in local government based on CACM.
Muchamad Ali Safa'At
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 257-284; https://doi.org/10.21776/ub.arenahukum.2022.01502.3

Abstract:
In the relation of law and politic perspective, law is not a neutral entity. Law is a battleground domain for political interests and as instrument of group domination. It can be seen in the formation and implementation of the Halal Law. This research aims to analyze the role of Indonesian Ulama Council (MUI) in the formation and implementation of the Halal Product Guarantee Act. This research uses socio legal method. The research result shows that MUI dominates by hold up the formation and implementation of the Halal Law. This is done by dominating the legitimacy of identity as a religious organization and using a network of organizations and political actors so that the process of establishing rules and administering halal law by BPJPH is hampered. Delegitimacy and disturbance are also experienced through requests for judicial review of the Halal Certification Law to the Constitutional Court and lawsuits to the courts.
T. Nazaruddin, Sulaiman Sulaiman, Yulia Yulia
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 237-256; https://doi.org/10.21776/ub.arenahukum.2022.01502.2

Abstract:
Until now there has not been an in-depth and comprehensive of spatial planning based on local wisdom as strengthening the specificity of the Aceh region based on Law Number 11 Year 2016 concerning Aceh Government and Qanun No. 4 of 2003 concerning the Mukim Government. The purpose of this study is to analyze the local wisdom of spatial planning for sustainable settlements in Aceh. This research is a normative-supported empirical law study. The results showed that in the preparation of the Rencana Tata Ruang Wilayah (RTRW) the Mukim/mukim was not involved. In fact, information regarding the RTRW documents was never shared with the Imeum Mukim. The results of research in the residential areas of Aceh Besar, Pidie Jaya and North Aceh districts found that generally Mukims submitted the same complaints where Mukim was not informed or involved in the preparation of the RTRW in their area. Mukim’s authority is only limited to the resolution of disputes arising among the residents of the village in the Mukim region.
Kristianus Jimy Pratama
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 423-442; https://doi.org/10.21776/ub.arenahukum.2022.01502.10

Abstract:
Law Number 15 of 2019 concerning Amendments to Law Number 12 of 2011 on Legislation Making classify the types of and the hierarchy of laws and regulations in Indonesia. Meanwhile, in its development, the a quo provisions actually lead to an inconsistency when compared to the ideals and formulations of the Constitution. This article aims to describe the building of legal arguments related to the opportunity to reformulate the types and hierarchies of laws and regulations in Indonesia and the implications of their application. This of normative legal research uses statutory and comparative law approach. The results are that the types and hierarchies of legislation in a country are closely related to the legal system adopted in accordance with the ideals of each basic legal norm in the country and to meet the needs of the community for the rule of law. Therefore, to create legal consistency in each type and hierarchy of laws and regulations in Indonesia, it is necessary to include State Institution Regulations and restore the position of Village Regulations in the hierarchy of laws and regulations.
Mohammad Fadli, Miftahus Sholehudin, Airin Liemanto
Published: 31 August 2022
Journal: Arena Hukum
Arena Hukum, Volume 15, pp 220-236; https://doi.org/10.21776/ub.arenahukum.2022.01502.1

Abstract:
This sociolegal research with an economic and sociocultural approach aims to analyze how the position of Adat Law in Tenganan Pegringsingan Bali with a patrilineal kinship system, places the role of women in overcoming sociocultural impacts, especially in the tourism sector which has fallen due to covid 19. The results show that as a specialized UN agency in the field of tourism, UNWTO is committed to enhancing the positive impact of tourism development on women’s lives, and, in so doing, contributing to the achievement of the Fifth Sustainable Development Goal: “Achieve gender equality and empower all women and girls”. Since 2007, UNWTO has been working, through its Ethics, Culture and Social Responsability Department, in partnership with UN Women and a range of external partners across the globe, to bring gender issues to the forefront of the tourism sector, promoting gender equality and women’s empowerment and encouraging member states to mainstream gender issues in their respective tourism policies.
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