Yuridika

The Architecture of Counter-Terrorism Legislation in India and Indonesia: An Analysis of Issues and Challenges

2024-01-25T20:05:31+07:00

Counter-terrorism law is a major challenge to any country since it incorporates a wide range of regulations of domestic law. Its multi-layered nature makes it imperative for academics to highlight comparative insights with a view to resolving the threat. The changes in the mode, tactics, and targets of terror attacks have evolved and become more complex; terrorist cell groups continue to grow, and the nature of terrorist networks across national borders ensures that terrorism cannot be tackled effectively by ordinary means. This paper employs comparative doctrinal research that aims to analyze and understand the similarities and differences between legal rules in India and Indonesia. This paper takes on the challenging endeavor of scrutinizing the counter-terrorism legislation of both countries. It delves into the obstacles confronted by both countries, offering systematically organized details on their current anti-terrorism legislations. The aim and objective of such discussion is to draw inspiration and perceptions from one another’s jurisdiction to evolve a better law. The result of this study shows that, in India and Indonesia, the current counter-terrorism legislation heavily supports the authority of the State, often at the expense of civil liberties for citizens. It is essential to develop a holistic counter-terrorism framework that allows the State to effectively thwart terrorists and their activities, while simultaneously safeguarding the fundamental rights.

Limited Liability in Corporate Group: A Critical Examination under Common Law and Shariah in Malaysia

2024-02-20T13:02:08+07:00

Limited liability is a default rule in company law that protects shareholders from shifted-business risk in a company to external parties. Its application in the corporate group setting is heavily criticized for causing harm to the subsidiary’s creditors particularly. While this rule is proposed to be refined due to its rigidly unreasonable privilege and lack of justice, it becomes more complicated where the Shariah-compliant businesses have adopted this rule as their corporate structure. Despite this, the Malaysian company law recognizes the distinct legal personalities of entities within corporate group regardless their businesses are typically operated as a single entity. Contrastingly, limited liability is not established in Islamic business entities like sharikah (partnership) because the latter entails a single entity premised on a sharing-business risk among the partners. The study undertakes doctrinal analysis to examine the application of limited liability in corporate group under the Malaysian company law and compare it with the Shariah principles of sharikah. The study relies on the library-based research in collecting and gathering the data to support this methodology. The paper proposes to show whether the conventional rule of limited liability could be directly applied to group of companies operating Shariah-compliant businesses which supposedly comply its corporate structure with sharikah. The paper concludes that such direct application is untenable due to different natures and business structures. Examining this comparison is substantial to explore the essential of forming a new business model for Shariah-compliant corporate groups structured based on sharikah principles.

Oil and Gas Management and Corporate Social Responsibility Model Based on Existing Laws

2024-11-12T10:02:36+07:00

In the past, the Central Government managed oil and natural gas in a centralized manner without involving the Government of Aceh. However, currently, Aceh has its authority in managing the upstream oil and gas sector. This authority is regulated in Government Regulation Number 23 of 2015 concerning the Joint Management of Oil and Gas in Aceh. Based on special autonomy, the Government of Aceh can regulate CSR based on local wisdom whose programs are compiled by the community around the company itself so that it can increase the economic growth of the community around the company in a sustainable manner. Using normative legal methods, this research examines the current practice of CSR at PT Medco E&P Malaka and proposes for its improvement. The research approach used is statutory approach. The research results show that the existence of PT Medco E&P Malaka CSR is unable significantly contribute to Local Own Revenue and create sustainable economic growth for the people are living around the company. This is because the implementation of CSR so far is top-down and only partially based on programs created by the community based on the community's actual needs. A CSR Forum is needed as a new CSR model responsible for designing and implementing various CSR based on a real need assessment of the local community.

Regulating Digital Finance for Small and Medium Enterprises Growth: Lessons From Thailand and Malaysia

2024-03-24T14:20:31+07:00

This article aims to delve into how regulations and financial literacy policies can affect the growth of the Financial Technology (fintech) industry and contribute to increasing access to capital for Micro, Small, and Medium Enterprises (MSMEs). The focus of this research is to investigate the impact of regulations and financial literacy on access to capital for MSMEs through the use of financial technology. The research focuses on exploring the implementation of regulations and financial literacy policies in Thailand and Malaysia, as well as offering potential insights to deepen understanding of how regulations and financial literacy affect access to capital for MSMEs through the use of fintech in the context of Indonesia.The research method employs a doctrinal legal approach to analyze existing regulations and a literature review to understand the impact of financial literacy and financial technology. The research findings indicate that appropriate and responsive regulations, effective financial literacy programs, and good collaboration between the fintech industry and traditional financial institutions can enhance MSMEs' access to capital. The novelty of this research lies not only in its focus on Thailand and Malaysia but also in providing insights into the potential that can be developed within the context of Indonesia. However, in the context of Indonesia, challenges such as technological infrastructure and resistance to change still pose serious obstacles.

Prenuptial Agreement and the Principle of Balanced Justice in the Division of Joint Property in Islamic Marriage Law

2024-07-13T18:45:39+07:00

The issue of joint property or shared assets (harta gono-gini) is actually a legal area that has not been fully explored, a domain open to ijtihad. The concept of joint property and all its details are not found in the studies of medieval Islamic jurisprudence (fiqh) or classical fiqh. The concepts surrounding joint property have continued to develop and are crucial to be discussed in contemporary studies. The urgent aspect to be researched is the model of managing marital property and the application of the principle of balanced justice in the distribution of marital property within the context of fiqh munakahat and marriage agreements in Islamic law. The research model used is normative juridical with a legislative approach and a conceptual approach. Thus, the result is that joint property, based on qiyas, can be managed through a marriage agreement. If not specified in the marriage agreement, then using the principle of balanced justice found in Islamic inheritance law.

The Significance of Desert-Based Distributive Justice to People Well-Being

2024-02-26T16:52:11+07:00

The objective of this writing is to identify the philosophical basis for the government to enact law that creates people well-being. The background of this essay is to grasp the philosophical basis for the government to make law that is appropriate to create people well-being. Since this essay is a legal essay, the method used in this essay is legal research that employs historical approach and conceptual approach. Having analyzed the research materials, from this research, it is found that philosophical basis shared by governments of developed countries to enact law that creates people well-being notwithstanding under the guidance of distributive justice is either contemporary libertarian or contemporary egalitarian. It is concluded that the contemporary libertarian philosophy leads to inequity and the contemporary egalitarian brings about equality without considering desert. This essay gives an alternative philosophical basis for governments to impose policy in creating people well-being. This essay recommends that governments of developing countries to adopt desert-based distributive justice philosophy as the basis for enacting law that creates people well-being.