Forthcoming Issue
All titles listed in this section have been accepted for publication in the upcoming edition. The titles and/or author arrangements may undergo slight changes.
The Conundrum to Wear Religious Uniform in Indonesia: International Human Rights Law and Islamic Law Perspective
Sefriani Sefriani, Yaries Mahardika Putro, Jaya Indra Santosa Putra, Seguito Monteiro
Schedule for publication: Vol 9, No 1 (2024)
DOI: https://doi.org/10.15294/jils.v9i1.69203
Abstract
This study aims to analyze the annulment of the three Ministerial Decree by the Indonesian Supreme Court and to examine the Supreme Court’s decision under international human rights law and Islamic law. This research is normative legal research that uses a statutory, conceptual, and comparative approach. The analysis use is descriptive analysis. The result is the Decree is not in accordance with the educational values in the National Education System Act. Furthermore, the Supreme Court’s decision to annul the Joint 3 (Three) Ministerial Decrees is in accordance with international human rights law and the value of Islamic law. Indonesia has a margin of appreciation in the regulation of religious freedom as practiced in the European Court of Human Rights, adjusting to the condition that Indonesia is not a secular country but also not a religious country. Indonesia is based on Belief in the one and only God and upholds pluralism.
Periscope of Ideas Selective Criteria for the Application of Restorative Justice in Corruption Crimes in Indonesia
Maria Silvya E. Wangga, Nadzriah Ahmad, Jufryanto Puluhulawa, Vifi Swarianata
Schedule for publication: Vol 9, No 1 (2024)
DOI: https://doi.org/10.15294/jils.v9i1.69199
Abstract
This article applies the theory of restorative justice to the analysis of state losses resulting from corrupt activities. This study employs socio-legal research, which is a type of normative legal research that is dependent on values and facts. The study's findings revealed that two (2) points of view are based on the fundamental notion that restorative justice can compensate the state for damages incurred through acts of corruption. First, in order to make up for the losses sustained by the state as a result of corrupt criminal acts, law enforcement must be centered around the idea of restorative justice. Secondly, the fact that the Constitutional Court's ruling Number 25-PUU-XIV-2016 eliminated the word "may" from Article 2 paragraph (1) and Article 3 of Law Number 20 Year 2001 in combination with Law Number 31 Year 1999 for the Eradication of Corruption remains a reality. In order to ensure that substantive justice in the application of restorative justice does not clash with current laws and regulations and is administered with chosen criteria, the A quo ruling nullifies Article 4 of the Corruption Crime Eradication Law.
Cracking the Code: Investigating the Hunt for Crypto Assets in Money Laundering Cases in Indonesia
Febby Mutiara Nelson, Maria Dianita Prosperiani, Choky Risda Ramadhan, Priska Putri Andini
Schedule for publication: Vol 9, No 1 (2024)
DOI: https://doi.org/10.15294/jils.v9i1.74262
Abstract
This study aimed to investigate the impact of technological development during the Industrial Revolution 4.0 on the economic activities of modern society. Specifically, the study focused on how the use of digital information and communication technology led to the emergence of virtual currency as a new means of exchange. Cryptocurrency has been one of the popular forms that have been using cryptography to ensure secure transaction. However, the multi-layered security had made it a common tool for money laundering criminal actions, leading to its prohibition as a means of payment by the Indonesian government. This phenomenon was present on a global scale and the virtual currency was recognized as commodity. The results showed that these efforts did not distance cryptocurrency from illegal activities but added challenges for law enforcement officials in conducting searches, confiscation and returning crypto assets used as a means of money laundering criminal actions. Furthermore, this study examined the existence of cryptocurrency and its legal consequences as a means of money laundering criminal actions, as well as proposed potential steps that law enforcement officials could adopt in recovering these assets. This was a legal study conducted by collecting data through literature reviews and interviews.
