cover
Contact Name
Dodik Setiawan Nur Heriyanto
Contact Email
dodiksetiawan@uii.ac.id
Phone
+6287738216661
Journal Mail Official
plr.editor@uii.ac.id
Editorial Address
Doctorate Program Faculty of Law Universitas Islam Indonesia Jalan Cik Dik Tiro No. 1, Yogyakarta
Location
Kab. sleman,
Daerah istimewa yogyakarta
INDONESIA
Prophetic Law Review
ISSN : 26862379     EISSN : 26863464     DOI : https://dx.doi.org/10.20885
Core Subject : Humanities, Social,
Prophetic Law Review is a law journal published by the Faculty of Law Universitas Islam Indonesia. The primary purpose of this journal is to disseminate research, conceptual analysis, and other writings of scientific nature on legal issues by integrating moral and ethical values. Articles published cover various topics on Islamic law, International law, Constitutional law, Private law, Criminal law, Administrative law, Procedural law, Comparative law, and other law-related issues either in Indonesia or other countries all over the world. This journal is designed to be an international law journal and intended as a forum for a legal scholarship which discusses ideas and insights from law professors, legal scholars, judges, and practitioners.
Arjuna Subject : Umum - Umum
Articles 28 Documents
Mars Colonization Plan: The Possibility And Scheme For Appropriation On Mars Putro, Yaries Mahardika
Prophetic Law Review Vol 2, No 2: December 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol2.iss2.art2

Abstract

ThisIn the dawn of space era, State-driven and monopolized the space activities. This was exacerbated by high cost, military interference and the uncertain possibilities of civilian use. Nevertheless, as space technology grew, the enormous benefits created by space activities gradually motivated private companies to spend more capital and to use space for commercial purposes. Recently, two major of private space firms, SpaceX and Mars One reportedly has released their mission to Mars in order to conducted Mars Colonization Plan. On the other hand, the Outer Space Treaty and the rest of Corpus Juris Spatialis clearly prohibits to do appropriation on the Moon and the other Celestial Bodies, including Mars. It will be a new challenge for all legal actors, especially in the sense of the outer space regime, to explore this concept. This study applies normative legal research methodology. This study found: the current Outer Space Treaty particularly related to the non-appropriation principle is not relevant to the development of space technology and activities. Then, in this study the non-appropriation principle will be revisited based on the customary international law mechanism. Second, this study found the suitable scheme of appropriation during Mars Colonization Plan by establishing an Independent entity which authorize and organize the activities and also by implementing several stages in appropriating the Martian areas. Third, this study then proposed legal framework through amending and modernizing the Outer Space Treaty in order to compromise between the non-appropriation principle and the development of space commercialization.
Reconceptualizing Consumer Contracts In The Philosophical Perspective Of Pancasila Gumanti, Retna
Prophetic Law Review Vol 1, No 1: December 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol1.iss1.art3

Abstract

This study aims to develop the concept of consumer contracts from the philosophical perspective of Pancasila in Indonesia to achieve the legal objectives of legal certainty, justice, and legal benefits. The research is formulated to question how to conceptualize consumer contracts from the philosophical perspective of Pancasila. By using doctrinal research, this study concludes that consumer contracts in Indonesia do not meet the values of Pancasila. Therefore, the article attempts to conceptualize the consumer contract by offering communal principles to realize mutual benefits between the parties in a consumer contract without ignoring the special characteristics of the nation that existed before the independence of the Republic of Indonesia.
Implications Of Polygamy Practices On Positive Law In Indonesia Jaman, Najmah
Prophetic Law Review Vol 2, No 1: June 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol2.iss1.art2

Abstract

Polygamy is a form of marriage that often leads to polemics in the society despite the fact that the concept of polygamy in Islamic law is basically permissible if the husband acts fairly. However, in terms of positive law, to have a polygamous marriage, a husband must get permission from the court under limited justifications and strict conditions. Without the legal permission from the court, the practice of polygamy will have implications in the positive law in Indonesia. Therefore, the purpose of this study is to apprehend the implications of the practice of polygamy on positive law in Indonesia. The result is that Practices of Polygamy may have an impact on the Indonesian criminal and civil law system.
Legal Protections For Donation-Based Crowdfunding Service Providers In Indonesia Hasibuan, Putra Halomoan
Prophetic Law Review Vol 2, No 2: December 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol2.iss2.art1

Abstract

This study focuses on legal protections for donation-based crowdfundingservice providers in Indonesia. It is urgent to investigate these protectionsbecause the specific legal arrangement is not clear. This research discusses the following issues: First, what is the meaning of a legal protections in the practice of donation-based crowdfunding in Indonesia? Second, what are the current legal protections, if any,for donation-based crowdfundingservice providers in Indonesia? This study carried out a qualitative normative legal research method by using a statutory approach and a conceptual approach. The object of this research is focused on those entities which haveimplemented donation-based crowdfunding. The results showed that: First, the community in Indonesia has not had a good understanding of the term ‘donation-based crowdfunding,’ still requiring socialization regarding the ways and methods of implementing it onlineeven though it has been done for a long time; andSecond, the legal protections for donation-based crowdfundingservice providers still adoptsthe regulations similar to DBC. This study recommends that the government immediately conduct socialization to the public regarding the existence of DBC in Indonesia. Furthermore, lawsand regulations specifically discussing donation-based crowdfunding should be issued immediatelyin order to address many problems that have arisen and will continue to arise as a result of these activities, especially in the field of donations.
Towards Religiosity-Based Legal Science: Critical-Constructive Prophetic Law on Positivism Paradigm Santoso, Lukman
Prophetic Law Review Vol 2, No 2: December 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol2.iss2.art6

Abstract

Positivism, which is the spirit of modern legal development, has brought legal science to an increasingly ridiculous realm, resulting in the collapse of public trust in legal institutions. The alienation of legal principles such as the substance and legal structure of the religious value also contributes to this distrust. Thus, it is necessary to make a philosophical criticism of the legal positivism paradigm. This research is doctrinal research using a philosophical approach. The data collection technique was conducted by using a research library. The results of this study provide findings. First, the urgency of a philosophical criticism of the positivism paradigm is based on that this paradigm has taken the law away from the values of religious morality. Ideally, in the framework of prophetic law, law is not only a human affair, but as an embodiment of divine values. Second, critical-constructive prophetic law rests on the development of legal science based on transcendental religious values. The application in the Indonesian context is to synergize the pillars of humanization, liberation and transcendence within the framework of the rule of law Pancasila. Therefore, the law can benefit all. The contribution of this study will further strengthen the building of Indonesian law which is divinity, humanity, unity, democracy, and justice.
Review Of Indonesian Constitutional Court Decision Number 21-22/PUU-V/2007 Based On The Inclusive Legal Theory darwis, muhammad
Prophetic Law Review Vol 1, No 1: December 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol1.iss1.art2

Abstract

This Sovereignty and liberalization are often considered opposites. This resistance is caused by differences in the interests of the two instruments. The object of this research is the Constitutional Court Decision Number 21-22/PUU-V/2007 about judicial review of the UUPM. This study aims to review the Constitutional Court Decision based on The Inclusive Legal Theory. It addresses the research question: What is relevance of The Inclusive Legal Theory in analysing the Constitutional Court's Decision? This study uses normative legal research, which examines the Constitutional Court Decision and the UUPM. The results show that the Constitutional Court sought, in its decision, to bridge the gap between liberalization and sovereignty by returning to the interpretation of the 1945 constitution. The mechanism of legal proceedings in the Constitutional Court is still relevant to elements of the Inclusive legal theory.
Social Inclusion For Persons With Disabilities Through Access To Employment In Indonesia Nurhayati, Siti
Prophetic Law Review Vol 2, No 1: June 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol2.iss1.art1

Abstract

The aim of this article is to identify the forms of legal protection provided by the government to fulfil the right to work for persons with disabilities in Indonesia, and to know the path to creating an inclusive work environment for persons with disabilities in Indonesia. This article is a normative study following legislative and a comparative approach. The results showed that the form of legal protection provided by the Indonesian government to persons with disabilities in fulfilling the right to work is set forth in Law Number 8 of 2016 concerning persons with disabilities as stipulated in article 45 - article 60. This form of legal protection covers the procedure of recruitment, acceptance, work preparing, work position, sustainability of work, and the development of a fair career consideration without discrimination. It is possible to realize an inclusive work environment for persons with disabilities in the workplace by fulfilling the principle of inclusion, which mandates awareness, accessibility, involvement, and support for persons with disabilities.
Implementation Of Sustainable Prophetic Electoral Rights In The General Election Process Myaskur, Myaskur
Prophetic Law Review Vol 2, No 1: June 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol2.iss1.art6

Abstract

This study aims to examine the function of prophetic electoral rights to strengthen and sustain the cycle of general elections process. It is based on a partial understanding of the right to vote and be elected, which has resulted in corrupt political representatives and officials overriding electoral integrity. Legal issues focus on the nature of prophetic electoral rights and the implementation of prophetic electoral rights that strengthen election integrity in Indonesia. The discussion focuses on the meaning of prophetic electoral rights that have elicited philosophical truth-seeding in the context of humanity, preventing the ugliness in the context of liberation and believing in the power of the great guidance of Allah before, during, and after the election administration cycle. The implementation of prophetic electoral rights begins with all election stakeholders as perfect human beings who are intelligent and conscientious in their endless blessings from Allah in a dignified democratic life. This study suggests promoting the protection of the right to vote in a holistic manner and procedure consistent the values and principles of justice that are explored and understood in wholeness and comprehensiveness of the Qur'an in the rules of election law.
Implementation of Sharia Compliance in The Halal Tourism Industry In Indonesia (A Study On Sharia Hotels And Beaches) Mashuri, Ilham
Prophetic Law Review Vol 2, No 2: December 2020
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol2.iss2.art5

Abstract

This is a study on the practices of sharia compliance of halal tourism, especially sharia hotels and beaches in Indonesia. This is an empirical juridical research, using qualitative descriptive analytical techniques. The results of this study indicate several points. First, Sharia compliance in the halal tourism industry is a necessity, because sharia compliance is a unique feature of this industry that distinguishes it from the conventional tourism industry and it will maintain the sustainability of this industry because the interests of Muslim consumers are safeguarded and protected. Second, the halal tourism regulatory framework consists of Law Number 40 of 2007; DSN MUI Fatwa Number: 108 / DSN-MUI / X / 2016 concerning Guidelines for Organizing Tourism Based on Sharia Principles; and Minister of Tourism and Creative Economy Regulation No. 2 of 2014 concerning Sharia Business Hotel Operations. However, these regulations are considered inadequate in regulating halal tourism. Third, optimization of sharia compliance in the halal tourism industry is carried out in three steps: first, strengthening the substance by establishing regulations on halal tourism, second, strengthening the structure, and law enforcement officials, and third strengthening the legal culture through socialization and strengthening people's understanding of the importance of sharia compliance in Halal tourism industry.
The Pernicious Consequences Of Political Corruption In Indonesia Handayani, Febri
Prophetic Law Review Vol 1, No 1: December 2019
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol1.iss1.art1

Abstract

Political corruption is an ethical and juridical deviation committed by people with positions of political power. Political corruption has a more structured system than general corruption cases, because political corruption is committed to satisfy the interests of political parties. Political corruption cases are commonplace in a country where political corruption is rampant. This is a normative legal research, using a case approach, conceptual approach, and statutory approach, as well as qualitative analysis. Based on this analysis, it is conclusive that political corruption is an action carried out by political elites or state government officials that has an impact on the country's political and economic situation. People and or parties who have political positions usually commit these acts. Political corruption can be in the form of abuse of authority, granting influence, lobbying, self-enrichment, vote-buying, and election fraud. In terms of effectiveness of the law, the pervasive political corruption in Indonesia is attributed to ineffective law enforcement related to political corruption. In fact, some former corruption convicts may become a corruption recidivist simply because the law enforcement of political corruption fails to have any deterrent effect due to the disharmony between laws and regulations related to political corruption. The rampant political corruption practices result in violations against the principles of good governance.

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