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:: Abstract List ::

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91 Islamic Education ABS-125

PORTRAIT AND IMAGE OF RELIGIOUS GROUPS IN REGIONS THAT CLAIM THE HIGHEST POTENTIAL OF RADICALISM IN INDONESIA
Alfarabi, Panji Suminar

Universitas Bengkulu


Abstract

This study explores the causes of religious groups being considered radical in Bengkulu province. The method used in this research is qualitative with a case study approach. The results of the study provide the fact that there is a one-way discourse that develops in the community that creates the image of Salafis as a radical group in North Bengkulu and Rejang Lebong districts. The label of Salafi as a group that adheres to radicalism can be explained from two perspectives. The first is from the internal side where this group lives exclusively and does not interact intensely with the surrounding community. This exclusive life makes the views, attitudes and behavior of members of the Salafi group contrast with those of the surrounding community. Second, the surrounding community labels the Salafi group as adherents of radicalism without knowing what the meaning and limits of radicalism itself are. The role of the mass media in reporting radical groups with several easily recognizable symbols such as robes, veils and beards also influences public perceptions of the Salafi groups around them. This situation is further strengthened by the labeling carried out by several religious leaders and community leaders who have a negative image of the Salafi group. The label and image of radicalism in the end makes the relationship between the Salafi group and the surrounding community socially distanced and fosters stereotypes and prejudice.

Keywords: exclusive, label, prejudice, radicalism, Bengkulu

Share Link | Plain Format | Corresponding Author (Alfarabi Alfarabi)


92 Islamic Education ABS-149

Education Waqf: A Case Study of Yayasan Waqaf Malaysia
Asharaf Mohd Ramli ,Siti Suriani Othman ,Norman Hamdan ,Abdullah Jalil, Khairunneezam Mohd Noor , Edi Setiadi , M. Rachmat Effendi

Universiti Sains Islam Malaysia, Universitas Islam Bandung


Abstract

Waqf is one of the very special practices in Islam because it offers continuous rewards to the waqf giver even after death. The general goal of waqf is to develop the economy of Muslims. Among the benefits of waqf is to support educational activities, especially in the context of funding educational centers that do not receive full financial assistance from the government. This study examines the management of waqf in Malaysia specifically on educational waqf in Yayasan Waqaf Malaysia. The two main objectives of this study are to identify aspects of educational endowment governance in Yayasan Wakaf Malaysia (YWM) as well as to analyze the methods of channeling waqf benefits in YWM. In Malaysia, waqf management is formed with a centralized approach and the government plays an important role in the development and management of waqf. In the meantime, priority is given to educational endowment by YWM to support the development of education for institutions in need. Deploying the interview research method with an informant from YWM, it can be concluded that YWM has its own method to develop the ummah through educational endowment and a specific channel approach in ensuring that the funds and goals reach the target.

Keywords: wakaf education, Yayasan Wakaf Malaysia, governance, wakaf distribution methods.

Share Link | Plain Format | Corresponding Author (M. Rachmat Effendi. Drs. M.M. Pd.I)


93 Law and Ethic ABS-1

Hajj Fund Investment in Indonesia According to Islamic Law and National Law
Siska Lis Sulistiani, Udin Saripudin, Intan Nurrachmi

Sharia Faculty, Universitas islam Bandung


Abstract

This study aims to determine the investment of Hajj funds in Indonesia which has a value that is not small, so that from the large number of deposits in Islamic banks it has the potential to be invested in other sectors that do not conflict with Islamic law and national law, and can generate other benefits from the funds. that. This study uses a normative juridical method, using primary legal data sources in the form of laws and regulations, the Qur^an, hadith and other legal rules, as well as secondary legal sources such as journals and related books. Data were collected by literature study method and analyzed using descriptive analysis method. The results of this study indicate that investment in Hajj funds can be carried out in several financial and infrastructure sectors in accordance with applicable regulations, both Islamic law and national law to achieve greater benefit.

Keywords: fund, Hajj, Law, Investment

Share Link | Plain Format | Corresponding Author (Siska Lis Sulistiani)


94 Law and Ethic ABS-6

THE CONCEPT OF ECONOMIC AND SOCIAL JUSTICE IN THE MANAGEMENT OF FISHERIES ON THE HIGH SEAS
DR. IRAWATI., DR RINI IRIANTI, DR. NURUL CHOTIDJAH

UNISBA


Abstract

All countries have the right to exercise various freedoms on the high seas, one of which is the freedom to fishing. So far, countries are liberty to compete to be able to take advantage of these rights. This causes fish resources on the high seas to become increasingly critical, causing harm to the environment and to countries holistically. fish resources on the high seas have exorbitant economic value, while many developing countries, both coastal and landlocked state, have not been able to relish their rights to fisheries on the high seas. A fair arrangement is needed so that all countries have the opportunity to enjoy their rights and be responsible to their obligations. This research aims to find the concept of socio-economic equity in the management of fish resources on the high seas, and being a normative legal research with a philosophical approach. The Research conclude, the aspect of economic and social justice is critical in the management of natural resources. Based theory of economic and social justice argues that in the regulation of natural resource management fairness is a rule that can accommodate and protect various differences and provide close attention to the weak

Keywords: high seas, economic and social justice, fishery

Share Link | Plain Format | Corresponding Author (Ira wati)


95 Law and Ethic ABS-19

INTEGRATION OF FISHERIES LAW ENFORCEMENT REGULATIONS IN THE INDONESIAN MARITIME ZONE
Nurhasan, Dey Ravena, Neni Ruhaeni

Pascasarjana Unisba


Abstract

This research is important to do to integrate the regulation of fisheries law enforcement in the Indonesian maritime zone, taking into account the existing condition is still not integrated. This condition is the result of the objective conditions of fisheries law enforcement institutions that are still carried out by many institutions that were formed and given the task and authority to implement fisheries law enforcement in the Indonesian maritime zone based on the legal basis for the establishment of each of these institutions. The regulation of fisheries law enforcement that has not been integrated has the impact not only of being ineffective in achieving the goals and objectives of law enforcement but also becoming inefficient in the use of its operational budget originating from one budget source, namely the State Revenue and Expenditure Budget (APBN). This research was carried out using a normative juridical approach oriented to a holistic study in which the legal disciplines received assistance from related disciplines, for example, economics, politics, engineering, environment, social, and culture. Analysis of the object of research is carried out through legal analysis. Data collection techniques, apart from the literature study, also conducted field visits to obtain secondary data. The analytical techniques used include Cost-Benefit-Analysis (CBA). The results of this study are the formulation of an Integrated Model of Fisheries Law Enforcement Regulations in the Indonesian Maritime Zone.

Keywords: enforcement, environmental, fisheries, law, maritime, regulation, sustainability

Share Link | Plain Format | Corresponding Author (Nurhasan Mustopa)


96 Law and Ethic ABS-45

LEGAL PROTECTION FOR INDONESIAN MIGRANT WORKERS, ThE CASE FROM HUMAN RIGHT APPROACH
Rini Irianti Sundary, Deddy Effendy, Chepy Ali Firman, Haidar, Hasywira

Bandung Islamic University and University Technologi Mara Malaysia


Abstract

ABSTRACT
Covid-19 has implications for all aspects of life, changing various social and life structures in Indonesia, and in various countries around the world. The Indonesian state has the responsibility to provide protection to migrant workers who are abroad. The case of economic problems experienced by migrant workers obliges the state to be responsible for the protection of domestic citizens of the country, but is also responsible for the protection of migrant workers abroad.
The International Labor Organization (ILO) defines a ^migrant worker^ ^migrant worker^ as someone who has migrated, or has migrated, from one country to another, with an image of being employed by someone other than himself, including anyone who he receives regularly, as a migrant, for work.
The case highlighted here is Indonesian migrant workers, in relation to the COVID-19 pandemic. Migrant workers are often the first group to be dismissed but are the last to get access to tests or treatment suitable for domestic workers. They are often excluded from national COVID-19 policy responses, for example wage subsidies, unemployment benefits or social security and social protection measures. If access to a COVID-19 test or medical care is available, they may not be able to access it for fear of being detained or deported, especially those with an undocumented status. In the case of domestic workers, homeworkers, agricultural workers and others in the informal economy, the exception in many countries stems from the fact that labor laws do not consider them to be workers.
The experience of working and living in a foreign country can be a liberating and empowering experience, and many migrant workers - and their families and also communities get benefit from the experience as a whole. However, working abroad can also carry risks and dangers. In destination countries, migrant workers are vulnerable as long as they are outside the jurisdiction and legal protection of their own

Keywords: : Legal Protection, Migrant Workers, Pandemic Covid 19

Share Link | Plain Format | Corresponding Author (Rini Irianti Sundary)


97 Law and Ethic ABS-59

THE LEGAL STRATEGY OF TREATING TELEMATICS CRIMES IN THE FIELD OF ELECTRONIC TRANSACTIONS IN GLOBAL TRADE
Dian Alan Setiawan (a), Abdul Rohman (b), Fabian Fadhly Jambak (c), Alfiyan Umbara (d), Mia Oktafiani Mulia (e)

Bandung Islamic University

Unisba dean building, law faculty 6th floor Jalan Taman Sari No.24-26 Bandung


Abstract

Economic globalization that is sweeping the world today began with the development of transportation facilities and cross-border trade. One of the facilities in the internet world to support economic activity is Electronic Transactions. In Indonesia, problems that arise due to the use of transaction media through telematics technology continue without being followed by the existence of laws that regulate it (cyber law). This study aims to determine legal policies against crime in electronic transaction activities in various sources of positive criminal law in Indonesia and to determine strategies for overcoming telematics crimes in the field of electronic transactions in global trade. This research is a normative legal research that is finding a rule of law, legal principles, and legal doctrines in order to answer the legal issues faced. The results of this study explain the legal policy against crime in electronic transaction activities in various sources of positive criminal law in Indonesia carried out in two stages, namely the Applicative Stage and the Formulation Stage and explain the Legal Strategy for Combating Telematics Crime in the Field of Electronic Transactions in Global Trade which is carried out through the Penalty Policy. and non-penal policy.

Keywords: Prevention, Crime, Telematics, Electronic Transactions

Share Link | Plain Format | Corresponding Author (Dian Alan Setiawan)


98 Law and Ethic ABS-67

THE URGENCY OF THE REGISTRATION OF THE BRAND THAT IS SAFE FOR EMPLOYERS IN CIBURIAL VILLAGE, REGENCY BANDUNG
Jejen Hendar, Tatty A. Ramly, Efik Yusdiansyah, Yeti Sumiyati, Ade Mahmud, Ade Yunta Mafruhat, Fathurrohman Siliwangi, Rizkya Ahdiyati, Mia Oktaviani, Dinda Arba

Universitas Islam Bandung


Abstract

This sign is a sign attached on the product or service as well as the signs of the differences. The brand achieved by the business through the registration process or through an application to the Directorate General of intellectual property. The business already has a list of this brand can forbid others to use such marks. the problems that occur in Ciburial Village are a lot of businesses that have not registered a brand the product and do not know widely about the importance of the protection of trade listed the top products business of hers. The goal is to determine the registration of a trademark that is safe for SME entrepreneurs in Ciburial.
The method used in this research is the method of literature study with the use of the basic law, namely the Law and legal articles associated with the brand. The results of this research is to SME entrepreneurs should pay attention to the requirements of the substantial and formal in the process of registration of the brand, and to avoid similarities with the existing brand. With the mark is registered, it will provide legal certainty for businesses and SMES.

Keywords: Trademark, Registration safe, entrepreneur

Share Link | Plain Format | Corresponding Author (Jejen Hendar)


99 Law and Ethic ABS-68

The Role Of Immigration In Preventing Criminal Acts Of Terrorism In An Effort To Realize National Sovereignty
Dini Dewi Heniarti, Oentoeng Wahjoe, Anita Puspitawati

Universitas Islam Bandung


Abstract

In some criminal cases there are indications of involvement in several aspects of the immigration function. Namely the issuance of passports, border control, supervision of foreigners, and the issuance of visas and residence permits. Immigration has an important role in the traffic of both Indonesian citizens and foreigners who leave and enter and carry out activities in the territory of Indonesia, which has the potential to endanger the country. The development of threats leads to crimes against humanity and civilization. This is a serious threat to the security and property of the state. Therefore, immigration through the immigration office and immigration intelligence has an important role in eradicating crime in an effort to protect the country.

Keywords: immigration, terrorism. national souverignity

Share Link | Plain Format | Corresponding Author (Dini Dewi Heniarti)


100 Law and Ethic ABS-70

THE COMMERCIALIZATION OF OUTER SPACE UNDER THE OUTER SPACE TREATY 1967 AND ITS IMPLEMENTATION ON THE DEVELOPMENT OF SPACE INDUSTRY IN INDONESIA
Neni Ruhaeni (First and Co-Author)- Eka An Aqimuddin (Second Author)- Hadian Afriyadi (Third Author)Hadian Afriyadi

Bandung Islamic University


Abstract

The commercialization of outer space (read commercial space activities) that has taken place intensively in the last two decades has been directing space law to be more responsive to private and commercial issues. Refer to the international space treaties the original character of space law is public law that specifically governs state activities in outer space. However, Article VI of the Outer Space Treaty 1967 allows non-governmental entities to engage in outer space activities. Indonesia has been carrying out activities in space since 1976, namely the launch of the PALAPA Communication Satellite series and plans to build a space launch facility that will start operating in 2040. To date, there has been no specific regulation regarding the involvement of non-governmental entities in commercial space activities in Indonesia, such as procurement and use of launch services, whereas commercial space activities will cause legal problems that need to be anticipated. This study will explore the regulation on the involvement of non-governmental entities in commercial space activities under the Outer Space Treaty 1967 and its implementation on the development of space industry in Indonesia.
This study uses normative legal research, which is primarily based on the secondary data by way of conducting library research that relates to the commercialization of outer space. All these materials and data obtained are then analyzed qualitatively.

Keywords: Commercialization, Outer Space, Space Industry

Share Link | Plain Format | Corresponding Author (Neni Ruhaeni)


101 Law and Ethic ABS-73

Asean Way in Communitarianism Perspective
M. Husni Syam, Sri Poedjiastoeti, Rusli K. Iskandar

Unisba


Abstract

Discussion on Asean issue generally became the theme among political elite state official (state oriented). The problem of each member country of Asean is usually solved by state concerned, it has never been the matter of Asean as international organization (supranational organization)
The participation of other countries in solving such problems can be seen as interfering in the domestic affairs of the country concerned. even though the problem involves several Asean member countries. The principle and non-interference and respect to member state sovereignty is a kind characteristic of Asean way which is believed as their foundation in solving problems among member countries.
The new development of Asean is marked through Asean conference in Bali, which agreed a Bali Concord II. This conference established the formation of the Asean Community with the vision of 2025 becoming a ^One Vision, One Identity, One Community^ society. Here we can see a shift in orientation from the state to a people-centered orientation. Asean community has 3 pillars of community, namely Asean Security and defense community, Economic community and social culture community.
This research uses a juridical method with an philosophy approach. Then the analysis is carried out with a qualitative approach and in reading the text using the hermeneutic method.
The results showed that the ASEAN way in terms of the ideal concept toward the Asean Community, but at the practical level problems arise because each country has its own interests. The Asean Community based on the values of communitarianism faces obstacles, it is not yet visible that it is real to take sides with the community, even though in the Asean Community, Asean^s vision is people centered.

Keywords: Asean way, Asean community, communitarianism.

Share Link | Plain Format | Corresponding Author (Mohammad Syam)


102 Law and Ethic ABS-90

The Concept Of Good Faith On Complete Systematic Land Registration In Order To Realize Justice
Arif Firmansyah dan Lina Jamilah

Bandung Islamic University


Abstract

The Basic Agrarian Law regulates land registration which aims to provide legal certainty. This land registration is an obligation for the government and land rights holders. To ensure legal certainty in land registration, the government issued Ministerial Regulation of Agaria and Spatial Planning Number 6 of 2018 concerning Acceleration of Complete Systematic Land Registration. In the regulation of the Minister of Agaria and Spatial Planning Number 6 of 2018 if the proof of land ownership is incomplete or there is no evidence at all, it can be completed with a statement letter from the applicant. Good faith in this complete systematic land registration must fulfill the community^s sense of justice, so that in its application it does not cause new land conflicts. In the regulation of the Minister of Agaria and Spatial Planning Number 6 of 2018 the process of fulfilling the element of good faith does not fulfill a sense of justice because it is not tested by the court

Keywords: Law, Agrarian, registration

Share Link | Plain Format | Corresponding Author (Arif Firmansyah)


103 Law and Ethic ABS-104

Food Safety Counseling as a Fulfillment of the Right to Health Principles of Maqashid Syariah for Food Home Industry Actors in Ciroyom Village, Andir District, Bandung City.
Syahrul Fauzul Kabir, Fariz Farrih Izadi, Dian Alan Setiawan, Zia Firdaus Nuzula, Muhammad Nur Adi Nugraha, Rafly Raihansyah, M. Firman Ardiansyah, Ramanda Josian

Faculty of Law, Universitas Islam Bandung


Abstract

Article 35 Paragraph 1 of Government Regulation Number 86 of 2019 concerning Food Safety states that SMEs and IRT-P actors are required to have a home industry processed food production permit. Products can be traded widely after obtaining a production permit, in the absence of this license, products can only be traded on a small scale. Small and Medium Enterprises and Home Industries have not yet received a Certificate of Home Industry Processed Food Production because they do not know about this. Government Regulation Number 86 of 2019 concerning Food Safety which is a derivative of Law Number 18 of 2012 concerning Food is not yet known by the public, especially SMEs and IRT-P actors. The solution to this problem is to provide counseling on food safety for SMEs and IRT-P so that the products produced do not harm consumers, reconstruct the food processing system for SMEs and IRT-P, starting from the selection of raw materials, facilities, human resources, and sanitation processes, and the creation of food safety standards and Quality Control systems for SMEs and IRT-P in order to produce quality products and ensure their health. This must be done in order to fulfill the people^s right to health.

Keywords: Food Safety, Human Rights, Food producted by Home Industry, Maqashid Syariah

Share Link | Plain Format | Corresponding Author (Fariz Farrih Izadi)


104 Law and Ethic ABS-112

MINIMUM STANDARDS IN HEALTH CARE COMMUNITIES VICTIMS OF NATURAL DISASTER PREVENTION EFFORTS AS A HUMAN RIGHTS MEETING IN ACCORDANCE WITH LAW N0 36 OF 2009 CONCERNING HEALTH
Lalu Mariawan Alfarizi. M.H.Kes.,CHt.

Universitas Nahdlatul Ulama NTB


Abstract

Indonesia consists of a cluster of islands that have the potential for disaster is very high and also very varied . The natural conditions give rise to the risk of natural disasters , although the other side is also rich in natural resources . The disaster problem , requiring an arrangement or planning in handling. So that it can be implemented in a focused and integrated . To provide a clear legal basis for national disaster then , the government has adopted the Law . 24 Year 2007 on disaster management which contains the basic provisions to include pre-disaster disaster management , emergency response and post-disaster . Natural disasters are traditionally seen as situations that pose various challenges and problems , especially the nature of humanity . Little attention is given to the protection of human rights ( Human Rights ), which should also be present in this particular situation . It is necessary for the study of the minimum standard of health care as a natural disaster efforts to comply in accordance with the Human Rights Act 36 of 2009 on Health .
The purpose of this study to determine the minimum standard of health care victims of natural disasters in Law No.36 of 2009 on health in accordance with human rights and the implementation of minimum standards of public health services of victims of natural disasters in central Lombok associated with Act 36 of 2009 on Health
This thesis uses the following research : Methods normative juridical approach , deskriftip analytical nature of the data , secondary data , engineering data collection library . Results it can be concluded that :
Minimum standard of health care victims of natural disasters in Act 36 of 2009 on Health in accordance with the Human Rights and Implementation of a minimum standard of health care communities affected by natural disasters in central Lombok associated with Act 36 of 2009 has been appropriate also based on the decision of the Minister of Health .

Keywords: Minimum Standard of Health , Disaster , and Human Rights .

Share Link | Plain Format | Corresponding Author (Lalu Mariawan Alfarizi. M.H.Kes.,CHt.)


105 Law and Ethic ABS-114

The Utilization of Personal Data for Health Protection in the time of Pandemic Covid-19
Dodik Setiawan Nur Heriyanto- Jihyun Park

Universitas Islam Indonesia (Indonesia) and Youngsan University (South Korea)


Abstract

As a form of effort to prevent the spread of the new Corona Virus (COVID-19), the Government of Indonesia uses technology and information as a form of to centralize related health information. In addition, the Government, in this case through the Immigration Office and in collaboration with the Ministry of Health, has also used the technology for tracing purposes (e-Hac and PeduliLindungi applications). Taking personal data by the government, of course, on the one hand will facilitate efforts to prevent the spread of the virus. However, on the other hand, it can also violate a person^s right to privacy due to the ease of accessing data anywhere and anytime on the basis of health protection interests. The main legal issue examined in this research is related to the validity of data collection and disclosure of data for health purposes according to law. In addition, it also analyzed related to the readiness of Indonesian law to provide protection to data owners whose data is used in health applications. This study uses a normative legal methodology as well as in specific, a conceptual approach and statutory approach. The results of this study are that the use of data for tracing purposes will be very risky for violating someone^s privacy. Hence, specific provisions must be regulated under the law, such as: data controller, categorization of data for health protection, and anonymizing data for the sake of protecting the privacy rights of data owners.

Keywords: data protection- tracing applications- data exposure- privacy rights

Share Link | Plain Format | Corresponding Author (Dodik Setiawan Nur Heriyanto)


106 Law and Ethic ABS-121

Supervision Implementation of The Ministry of Cooperatives And Small Medium Enterprises on High-Interest Investments Conducted to Savings And Credit Co-operatives
Efik Yusdiansyah, Yeti Sumiyati, Ghia Riezna Zhadira, Britney Azzahra Wiguna, Meisa, Raden Nurul Fadlilah Roshadi

Fakultas Hukum Unisba


Abstract

A cooperative is a non-banking financial institution known as shadow banking, which has the ability to raise funds from the public, with savings and loan cooperatives being one of its types. High interest investment is one of the superior products that are often promoted through this type of cooperative. Products that later raise problems such as unpaid profits as well as defaults. The normative legal approach is the method used in this paper. Supervision becomes the starting point in an effort to prevent and prevent savings and loan cooperatives from marketing high interest investments that can harm the community, especially members. Supervision that can be carried out with due observance of KUK, governance, financial performance, risk profile and capital, education, independence, and solidarity.

Keywords: Implementation, Supervision, Savings and Credit Co-operatives

Share Link | Plain Format | Corresponding Author (Yeti Sumiyati)


107 Law and Ethic ABS-124

Digital Financial Literacy and Digital Supervisory in Financial Services: Basic Legal Protection for Consumer
Ratna Hartanto

Universitas Islam Indonesia


Abstract

The development of the digital industry in Indonesia shows positive progress with the proliferation of digital financial services provider. However, the development of digital financial services also brings a negative impact on consumers considering the relatively low level of digital financial literacy. In terms of government supervision, until now the government is still implementing manual supervision and there are still many digital financial service providers that are not registered/licensed. The focus of this study is the efforts needed to improve digital financial literacy of Indonesian consumers and digital supervision in digital financial service providers. This research is a normative legal research with conceptual and statutory approach. The results of the study show that in order to improve the digital financial literacy of Indonesian consumers, besides socialization by the government regarding digital financial literacy to public, it also requires the participation of all educational institutions in Indonesia to provide education to students about digital financial literacy. In addition, digital supervision in digital financial service providers is needed to replace the manual supervision by the government.

Keywords: digital financial literacy, digital supervisory, consumer protection

Share Link | Plain Format | Corresponding Author (Ratna Hartanto)


108 Law and Ethic ABS-131

Legal Implications of International Agreements in the Investment Sector for the Micro, Small and Medium Enterprises and Cooperatives
Rimba Supriatna, Frency Siska, Liza Dzulhijjah

Faculty of Law, Islamic University of Bandung, Faculty of Sharia, Islamic University of Bandung


Abstract

Investment law in Indonesia which is covered by Law Number 25 of 2007 concerning Investment has undergone various evolutions which are influenced by the spiritual atmosphere of its formulator, namely so that Indonesia can compete with other countries in attracting investment. The purpose of this study is to identify and analyse the legal implications of international agreements in the investment sector for the Micro, Small and Medium Enterprises Cooperatives (UMKMK) sector. The research method used is normative juridical. The results of this study indicate that international agreements in the investment sector have implications for changes in the direction of policies for the protection and development of UMKMK, both positively and negatively. Thus, Indonesia needs to simultaneously evaluate the operation of all international agreements in the economic field to measure favourable international agreements and avoid losses from unfavourable international agreements.

Keywords: International Agreements, Investment, UMKMK.

Share Link | Plain Format | Corresponding Author (Rimba Supriatna)


109 Law and Ethic ABS-143

Medical Ethics Review on the Use of Information Technology in Clinical Skills Learning
Dony Septriana Rosady, Ariko Rahmat Putra, Tita Bariah Siddiq, Muhammad Faishal, Naufal Rafif Ji^aul Haq, Arlin Rian Nadira

Faculty of Medicine, Universitas Islam Bandung


Abstract

The Covid-19 pandemic has changed many aspects of life. One of the areas affected is education. Educational methods have been adapted by implementing distance education. Learning clinical skills that involve humans must comply with ethical principles and applicable regulations.
This study aims to determine the review of medical ethics on the implementation of clinical skills learning using information technology in a medical school.
The research was conducted qualitatively. Data were collected using interview, observation, and document studies. Interviews were conducted with experts in the fields of ethics and medical education. Observations were carried out using passive observation techniques on the implementation of clinical learning using network methods. Document studies are conducted on documents related to learning by using information technology.
The results of the study indicate that the practice of clinical learning carried out in a medical school has complied with aspects of medical ethics and is in line with the applicable laws and regulations.

Keywords: Medicine, Education, Ethics, Law.

Share Link | Plain Format | Corresponding Author (Dony Septriana Rosady)


110 Law and Ethic ABS-144

CONFIDENTIALITY OF DISPUTING PARTIES IN ARBITRATION PROCESS IN INDONESIA
Jafar Sidik

*) Lecturer of Law Faculty of Universitas Langlangbuana &
*) Lecturer of Magister Kenotariatan Universitas Islam Bandung

jafarlawcenter[at]gmail.com


Abstract

Business or commercial relation is not always harmonize. The disputes may arise between contracting Parties within the scope of commercial law, e.g. trading, banking, finance, investment, industry, intellectual property rights, etc. In this case, the Parties seek the suitable institution to settle their disputes to have the best solution on it . Arbitration could be the choice since it is a mean or a mechanism of settling civil disputes outside the general courts based upon an arbitration agreement entered into in writing by the disputing Parties. The arbitration award shall be final obtain legal force and binding upon both parties to the dispute. Besides, the arbitration mechanism guarantee the confidentiality of the party^s dispute. All hearings of arbitration disputes shall be closed to the public. On the other hand, all hearing of the general courts shall be disclosed (opened) to the public. This article tries to analyze the difference between the regulation and the implementation of confidentiality principle in arbitration and litigation process. The Qualitative method is used in this analysis with legal or normative and descriptive analyze based upon the library research that refers to RI Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution, RI Law No.48 of 2009 concerning The Authority of Justice and other Indonesia Regulations. The conclusion is confidentiality principle in arbitration process is explicitly adopted in Article 27 RI Law No.30 of 1999 and Article 14 paragraph 2 of BANI Rules and Procedures 2020.

Keywords: Arbitration, BANI Rules. Courts, Indonesia, Law.

Share Link | Plain Format | Corresponding Author (Jafar Sidik,SH,MH,MKn,FCBArb.,FIIArb.)


111 Law and Ethic ABS-145

LAW ENFORCEMENT OF CYBER CRIMES JURISDICTION IN TRANSNATIONAL LAW
Rahmatilla Aryani Putri *, Huala Adolf **, Jafar Sidik *

*Postgraduate of University of Langlangbuana, Bandung Staff in BANI BANDUNG. email rahma.banibandung[at]gmail.com
**Professor of International Law of University of Padjadjaran, Bandung , email : huala.adolf[at]gmail.com
*Lecturer of University of Langlangbuana, Bandung. email : jafar.fhunla[at]gmail.com


Abstract

The rapid development of information technology has made the world border less and lead to social change which is significantly fast. These advances are accompanied by negative impacts which threaten and endanger the social and economic development of the Society involving more than one country. Law enforcement against Cyber-Crimes in Indonesia is regulated by Law number 11 of 2008 about Electronic Information and Transaction as amended by Law number 19 of 2016 about to change Law number 11 of 2008 about Electronic Information and Transaction. This article try to review and analyze about Application of Law Enforcement of Cyber Crime Jurisdiction from Transnational Law and obstacles that occur as well as solutions in the Law Enforcement of Cyber Crimes Jurisdiction in the Terms of Transnational Law.

Keywords: Law Enforcement, Jurisdiction, Cyber Crimes, Transnational Law

Share Link | Plain Format | Corresponding Author (Rahmatilla Aryani Putri)


112 Law and Ethics in Terms of Islamic Perspective ABS-7

Management of Zakat based on Islamic Boarding Schools at Daarul Ilmi Cipeundeuy
RAMDAN FAWZI, ASEP RAMDAN HIDAYAT, ENCEP ABDUL ROJAK, ILHAM MUJAHID

UNIVERSITAS ISLAM BANDUNG


Abstract

According to the constitution Number 23 of 2011 concerning Zakat Management and Government Regulation of the Republic of Indonesia Number 14 of 2014 concerning the implementation of the constitution Number 23 of 2011 concerning Zakat Management that the management of zakat is carried out by the state. The National Amil Zakat Agency (BAZNAS) is a state institution that manages zakat professionally. Article 1 paragraphs 7 and 8 explain that zakat management is managed nationally by the National Amil Zakat Agency and for regional areas it is carried out by the Regional Amil Zakat Agency. In addition, there is an Amil Zakat Institution formed by the community with the same task as the Amil Zakat Agency. The establishment of the Amil Zakat Institution must obtain permission from the Minister or an official appointed by the Minister and report periodically on the implementation of his duties. Based on article 38, institutions that do not get permission from the government to collect, utilize, and distribute zakat funds can be subject to sanctions. Islamic Boarding School is one of the Islamic educational institutions that is developing in the community. This institution is usually formed by the community or leaders for Islamic education and Muslim character. How can this institution be able to manage zakat without being penalized. This research uses qualitative methods with library data sources. The results of this study state that Islamic boarding schools can manage zakat funds if the institution is legally registered and obtains a recommendation from the ministry of religious affair and permission from the zakat amil body according to its level.

Keywords: Zakat, Regulation, Islamic Boarding School

Share Link | Plain Format | Corresponding Author (ENCEP ABDUL ROJAK)


113 Law and Ethics in Terms of Islamic Perspective ABS-43

Islamic Corporate Social Responsibility in the company of Sharia in Indonesia with the implementation of Maqashid Sharia
Efik Yusdiansyah, Jejen Hendar

Fakultas Hukum, Universitas Islam Bandung


Abstract

The issue of corporate social responsibility, or often known as CSR is no longer a new thing. CSR is no longer considered as the responsibility solely, but rather the commitment of the company in a row as well as in the development of the national. The development of CSR from time to time grew quickly, initially known as the activity is voluntary, but this time the CSR is known as the obligations to be performed by the company.
The company, which is based on Islam and with the number of citizens who are muslim-majority, of all the activities undertaken by the company should be based on the teachings of Islam, one of which is the maqasid shariah. maqasid shariah is the provision In Islam that aims to meet the needs of mankind.
The study aims to determine and explain the maqasid shariah index is used as the basis for the implementation of I-CSR in the company that runs the principles of sharia. to achieve the object of this research using the method of juridical empirical, with the specification of the research using descriptive analysis and then analyzed with qualitative analysis to describe or explain maqasidariah sharsalahia and masah mursalah as a CSR Islami on the company that runs the principles of implementation. the results show that most of the companies that run the activities with the principles of sharia have been using maqasid sharia as a basis, although the application explicitly.

Keywords: I-CSR, company of Sharia, Maqasid Al-Syariah

Share Link | Plain Format | Corresponding Author (Jejen Hendar)


114 Law and Ethics in Terms of Islamic Perspective ABS-47

CONFISCATION OF ASSETS IN THE CRIMINAL ACT OF CORRUPTION IN THE PERSPECTIVE OF CRIMINAL LAW AND ISLAMIC LAW
Ade Mahmud, Chepi Ali Firman Z, Husni Syawali, Rizki Amrulloh, Weganisa Puspa.

faculty of law Unisba


Abstract

Confiscation of assets resulting from corruption is a separate problem in eradicating corruption because the assets returned are less than the losses to the state. This study uses a normative approach with secondary data support. research results show that the integration of asset confiscation in criminal law and Islamic law can be explained as follows. The confiscation of assets in Indonesian criminal law is conceptually divided into 2 (two) namely (a) the concept of confiscation of assets through criminal charges against movable and immovable objects (b) the concept of confiscation of assets using a civil lawsuit by the Prosecutor against assets that have not been confiscated after a court decision, while in fiqh jinayah asset seizure is qualified as one type of sanction from jarimah takzir, namely crime whose type of punishment is not described in the Qur^an and the Hadith of the Prophet Muhammad but is left to the judge in a fair manner and pays attention to the benefit of the people.

Keywords: Integration, of the concept of forfeiture, corruption.

Share Link | Plain Format | Corresponding Author (Ade Mahmud)


115 Law and Ethics in Terms of Islamic Perspective ABS-57

Simple Law Enforcement of Sharia Economics in Religious Courts According to Sharia Economic Principles (Case Study at Religious Courts in West Java)
Neni Sri Imaniyati, Ratna Januarita, Faiz Mufidi, Panji Adam Putra, Yoghi Arif Susanto

Universitas Islam Bandung


Abstract

The Supreme Court has issued PERMA Number 4 Year 2019 as a follow-up to PERMA Number 14 Year 2016 concerning Procedures for Settlement of Sharia Economic Disputes. Article 3 Paragraph (2) of PERMA stipulates that the settlement of sharia economic disputes can use simple lawsuits. The regulation was created to meet the need for quick dispute resolution and provide a sense of justice to disputing parties. This study aimed at describing the implementation of simple sharia economic lawsuit mechanisms and explaining the enforcement of sharia economics simple lawsuits, in religious courts in West Java, in the principles of sharia economic dispute resolution. The study was conducted using a normative juridical approach with qualitative data analysis through legal interpretation. Its nature was descriptive analytical with secondary data. Its site was at the Religious District Court in West Java. The results concluded that the implementation of simple sharia economic dispute settlement processes at the Religious Courts in West Java is seen from its mechanism, timing, and execution using the same mechanism as dispute resolution in general. Law enforcement of simple sharia economic lawsuits there related to the principles of sharia economic dispute resolution does not meet legal substance, structure, and culture aspects.

Keywords: simple lawsuit, dispute, sharia economy, sharia economic principles

Share Link | Plain Format | Corresponding Author (Neni Sri Imaniyati)


116 Law and Ethics in Terms of Islamic Perspective ABS-69

EFEKTIVITAS HUKUM PERATURAN MAHKAMAH AGUNG TERHADAP PENYELESAIAN SENGKETA EKONOMI SYARIAH DI WILAYAH PERADILAN AGAMA
Neng Dewi Himayasari, Ira Siti Rohmah Maulida, Arif Rijal Anshori

Universitas Islam Bandung


Abstract

Religious Courts are given the authority to settle Sharia economic disputes in accordance with Article 49 of Act Number 03, 2006 about Religious Courts and has been confirmed by the decision of the Constitutional Court number 93/PUU-X/2012. implementation the Supreme Court is given attributive authority to fill legal voids because the settlement of Sharia economic disputes carried out by the Religious Courts does not yet have a formal law so that there is a legal vacuum. To realize the principle of a simple, fast and low cost trial, the Supreme Court issues various legal policies, one of which is in the form of a Supreme Court Regulation. This reasearch examines the legal certainty and benefits of the Supreme Court Regulations, as well as measures the effectiveness or not of the Supreme Court Regulations in resolving Sharia economic disputes in court institutions. This type of research is qualitative with an empirical normative approach. The focus of the research that will be examined is the fulfillment of the factors of legal effectiveness against the Supreme Court Regulation on Sharia economic disputes in the religious courts of West Java, these factors are interrelated and are a benchmark for the effectiveness of law enforcement. The urgency of this research is to explain the legal certainty and benefits of the Supreme Court Regulations in realizing and shaping the aspired legal culture.

Keywords: Supreme Court Regulation, Legal Effectiveness, Sharia Economic Dispute, Religious Court

Share Link | Plain Format | Corresponding Author (Neng Dewi Himayasari)


117 Law and Ethics in Terms of Islamic Perspective ABS-83

THE INSTITUTIONAL STRENGTHENING OF MITRA INOVASI UMMAT SHARIA COOPERATIVE AND FIRDAUS PESANTREN COOPERATIVE PANGALENGAN
Neneng Nurhasanah, Neni Sri Imaniyati, Udin Saripudin, Intan Nurrachmi, Ihsan Nurhabibilah, Salma Nurul Fadhillah

Universitas Islam Bandung


Abstract

Margamulya village, Pangalengan, is a coffee-producing area that has great potentials to be developed. Its consumers not only come from local communities, but also from national and even international scale. This great potential needs to be supported by various efforts so that it continues to exist and grow. One of the efforts was the establishment of Mitra Inovasi Ummat sharia cooperative since 2018 aiming at managing the finances of the cooperative members. The results of Community Service in 2019 had succeeded in increasing the knowledge and skills of cooperative management about various products and contracts for collecting and distributing funds used in sharia cooperatives. Based on the results of the evaluation and consultation of the cooperative management, it was found that urgent problems needed to be followed up, namely: (1) institutional problems in which that the established cooperative had not had a legal entity yet and had not even been registered with a notary- (2) communication problems with BAZ as an institution that had encouraged financially for capital of the initial establishment- and (3) cooperative problems with sharia cooperative of Firdaus Pesantren which was close and had the potential to cooperate with other institutions. Community Service 2020 aimed at strengthening the institutional aspects of sharia cooperatives, namely 1) obtaining legal entity approval from the Ministry of Law and Human Rights- 2) acquiring mediation to coordinate with BAZ of West Java Province- and 3) establishing cooperation with Firdaus Pesantren cooperative and other institutions. The method used training, mentoring, and advocacy on the legal aspects of sharia cooperatives, and initiating collaboration with other related parties. The Community Service participants were the administrators and representatives of 26 members of Mitra Inovasi Ummat sharia cooperative and Firdaus Pesantren cooperative at Margamulya village, Pangalengan. Strengthening legal aspects and c

Keywords: Strengthening, Sharia Cooperative Institutions

Share Link | Plain Format | Corresponding Author (Neneng Nurhasanah)


118 Law and Ethics in Terms of Islamic Perspective ABS-103

PERSPECTIVE OF HUMAN RIGHTS AND ISLAMIC LAW REGARDING BATTING OF CHILDREN IN AHMAD HISTORICAL HADITH NO 6756 CONCERNING CHILD EDUCATION
Fariz Farrih Izadi, Syahrul Fauzul Kabir, Asep Hakim Zakiran, Muhammad Rizky Aditya, Mochammad Yusuf Rizkia

Faculty of Law, Universitas Islam Bandung


Abstract

Human rights are basic rights that are inherent in humans, are universal and lasting, therefore they must be protected, respected, maintained, and should not be ignored, reduced, or taken away by anyone. One of the international human rights instruments is the Universal Declaration of Human Rights (UDHR). Another international human rights instrument is the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment or CAT, adopted by General Assembly Resolution or GA Res, 39/46 on 10 December 1984 and entered into force on 26 June 1987. In addition, there is also a Convention on the Rights of the Child or CRC adopted through General Assembly Resolution or GA Res 44/25 dated November 20, 1989 and declared effective September 2, 1990. Children^s education in Islam focuses on physical and spiritual education based on the teachings of Islam. In a hadith narrated by Ahmad, Rasulullah SAW said regarding the spiritual education of children from an early age, Rasulullah SAW said: From Abdullah bin Amru bin Al-Ash ra: That the Prophet Muhammad SAW said: ^Order your children to pray while they are seven years old. years and beat them for leaving the prayer when they are 10 years old and separate them in their beds.^ (HR Ahmad) In the above hadith, the Messenger of Allah ordered parents to start teaching their children to pray when they were seven years old, and beat them when they were seven years old. left the prayer, when his son was ten years old. There is a contradiction between the education of children in Islam contained in the hadith and the convention against torture and cruel treatment or punishment. The purpose of this study is to find out how the beatings that Rasulullah SAW ordered in the hadith, and to know the perspective of human rights and Islamic law regarding beatings in educating children. This study uses a normative juridical approach that examines legal principles, norms/norms, institutions and legal processes. This approach

Keywords: Human Rights, Torture, Childern, Islamic Law

Share Link | Plain Format | Corresponding Author (Fariz Farrih Izadi)


119 Law and Ethics in Terms of Islamic Perspective ABS-155

Sharia Principles in the Management of Hajj Funds by BPKH (Hajj Fund Management Agency)
Neni Sri Imaniyati, Neneng Nurhasanah, Rini Irianti, Rimba Supriatna, Panji Adam, Hasyim Adnan

Universitas Islam Bandung


Abstract

Muslims who want to go for Hajj are required to make an initial deposit of funds, addressing sharia banks that provide Hajj fund products. With the number of prospective pilgrims who register for Hajj from year to year, the collected Hajj funds are getting bigger. In December 2015, accumulated hajj funds reached Rp 81.59 trillion, and became Rp 119.37 trillion in 2020. Ratification of Law Number 34 Year 2014 concerning Hajj Fund Management states one of the principles in the financial management of Hajj, that is sharia principle. Therefore, research related to the Hajj funds management was conducted aiming at reviewing sharia principles in Law Number 34 Year 2014 concerning Hajj Fund Management and Regulations on the Implementation of sharia principles in Hajj Fund Management contracts. The research used descriptive analytical in a normative juridical approach, and secondary and primary data as data source. Data collection techniques used library research, interviews, and focus group discussions. Data analysis used a qualitative analysis. The results concluded that Law Number 34 Year 2014 concerning Hajj Fund Management includes sharia principles as one of the principles in the law. Unlike other principles in the law, there is no explanation of sharia principles. This has the potential to create legal uncertainty. Regulations on the implementation of sharia principles in Hajj Fund Management was conducted through the Fatwa of DSN-MUI for financing contracts, namely al-Ijarah, Qordh, and Ijarah or Kafalah contract. Especially for BPKH contracts with investment partners, it is carried out through wakalah contracts.

Keywords: sharia principles, Hajj funds, BPKH

Share Link | Plain Format | Corresponding Author (Neni Sri Imaniyati)


120 Media, Journalism, and Information ABS-9

How Gen Z Trust in Sources of Information Related to Covid-19
Arba^iyah Satriani, Andalusia Neneng P., Ratri Rizki K

Universitas Islam Bandung


Abstract

The pattern of media consumption in Indonesia has recently become more complex with the advent of the internet. Generation Z or Gen Z is the most technologically literate group of people today and is the youngest generation with an age range of 10-24 years. The aim of this study is to determine the components of media literacy among university students in the context of personality development in accordance with Islamic values which is called tabayyun in seeking information. This study uses a qualitative method with a net-ethnographic approach by distributing a questionnaire to more than 100 university students in many cities in Indonesia. From the result of the questionnaire, 20 students then are asked to join a focus group discussion (FGD) to sharpen their asnwer in the questionnaire. From this research, it is known that Gen Z accesses digital media or online media as their main source of information. According to the Gen Z, the news portals that can be trusted are Tempo.id, Kompas.com and Tirto.id. The main reason is that Tempo and Kompas tend to be outspoken in their reporting. Another reason is because both of them are reputable media so that they can be trusted.

Keywords: Gen Z, Sources of information, Covid-19

Share Link | Plain Format | Corresponding Author (Arbaiyah Satriani)


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