Proceedings of 1st International Conference of Law and Justice - Good Governance and Human Rights in Muslim Countries: Experiences and Challenges (ICLJ 2017)

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40 articles
Proceedings Article

Developing Islamic Philanthropy for Human Rights: The Indonesian Experience

Asep Saepudin Jahar
This paper deals with the Islamic philanthropic experience in relation to human rights in Indonesia. While existing studies contend that Islamic doctrine disagrees with human rights, for example in the field of male and female relations in both private and public affairs, this essay tries to demonstrate...
Proceedings Article

Muslim Personal Law And Gender Equality Concerns In India

Personal laws are mired with controversies on questions of gender equality. In India, where each community is governed by its own sets of personal laws, Muslim Personal Law, especially, is perceived to further gender inequality. This paper analyses such gender inequality concerns about the Muslim personal...
Proceedings Article

The Principle of Separation of Powers between Sharia and the Positive Law: a Case Study on the Constitutional System of Saudi Arabia

Muamar Hasan Salameh
The aim of this study is to clarify the extent of the influence of the separation principle of powers in the constitutional system of Saudi Arabia, as it is one of the main principles of democratic systems. Sharia law is the supreme system in Saudi Arabia which necessitates determining the stand of Sharia...
Proceedings Article

The Implementation Of Sustainable Development Goals To Stop Marital Rape In Indonesia

Natasya Fila Rais
This study provides a general overview on marital rape, from definition, reasons why such act is conducted, types of cases, and actions that can be taken to stop marital rape. This paper also explains how marital rape cases that happen in Indonesia affects the country's moves in implementing the Sustainable...
Proceedings Article

Marriage Legalization For Indonesian Migrant Workers (Implementation of "Justice for All" for Migrant Workers at Tawau, Sabah, Malaysia) (Implementation of "Justice for All" for Migrant Workers at Tawau, Sabah, Malaysia)

Yayan Sopyan, Burhanatut Dyana
The number of Illegal Marriages (sirri) among Indonesian migrant workers abroad is quite fantastic. Illegal marriages raise many problems such as law issues: their marriages are not recognized by the state, children born without birth certificates and at risk of statelessness, have no access to education...
Proceedings Article

Why Do Companies Pay Their Alms Tax (Zakat)? Case Studies Of Compliance With Corporate Zakat Obligation In Islamic Commercial Banks In Indonesia

Corporate zakat –obligatory alms giving payable by business entities– have been studied by some companies in Indonesia despite its ambiguous status in both Islamic jurisprudence and Indonesian law. This paper aims at exploring how the corporate community in Indonesia views the legitimacy of regulating...
Proceedings Article

Good Governance and State Mechanisms: Defending Human Rights and Anti-Corruption

Carolyne Sappideen
This essay deals with the international literature with a multi-pronged approach in combatting corruption. It aims to share an important strategy in combating a contextual approach. It also suggests that Good Governance should include issues of quality rather than just providing the decent minimum for...
Proceedings Article

Collaborative Protection of Rohingya's Muslim Asylum Seekers in North Aceh

Khamami Zada
Refugee and asylum seekers recently have been global issues. They usually are minorities stateless that escape oppression from their country. Having arrived in the host country, they will face many problems such as settlements, logistics, health, and education. They need any protections based on international...
Proceedings Article

Islamic Jurisprudence And Human Rights: At-Takhyîry Approach In Marriage Law

Kamal Fiqry Musa
The Declaration of Human Rights (UDHR) is one of human commitment in the world to preserve justice and human rights. It is claimed to universal regardless of religion ethnic and social. In Islam, is formed in the Quran and specially discussed in the Islamic Jurisprudence. Its doctrine concept, however,...
Proceedings Article

Existing Social Justice Choice for Underprivileged Society Members

Pheni Chalid, Astrid Nadya Rizqita
This research is intended to look for strategic approach and access on justice for under-privilege groups in society. The research will highlight two types of communal justice, namely positive justice, based on formal structure that is used to solve legal cases and social justice, a steadier form of...
Proceedings Article

The Implementation of Criminal Act of Adultery (Comparative Study between Islamic Jurisprudence of Legal School and Qanun Jinayat In Aceh )

Nurhayati, Jailani
Besides to regulate Aqidah and worship, the implementation of Islamic Sharia in Aceh is conducted to regulate e Jinayah or criminal. In 2014, the Qanun/District regulation had been established to regulate the jinayah, namely Qanun Number 6 Year 2014, which was the result of revision of Qanun Jinayat...
Proceedings Article

Implementation of Constitutional Courts Decision on Illegitimate Children in Indonesia

Fuad Thohari, Afwan Faizin
The ruling of the Constitutional Court No. 46/PUU-VIII/2010 concerning the status of illegitimate children where they have legal relation with their biological fathers receives numerous complaints from diverse religious judges. This is proved by the study of the religious judges' view in the region of...
Proceedings Article

International Human Rights Law and The Progressive Muslim's Perspective on Lesbian, Gay, Bisexual and Transgender Status in Indonesia

Asmawi, Yuli Yasin
This study focuses on the problem of how the views of the Progressive Muslim scholars on the status of LGBT in Indonesia and how the views of the Progressive Muslim scholars are influenced by international human rights law. The findings of this study indicated that the Progressive Muslim scholars do...
Proceedings Article

Human Rights Due Diligence toward the Corporation of Fishery Sector in Indonesia

Indra Rahmatullah
Indonesia is a maritime country where maritime itself becomes an important sector in improving the economy. This expectation needs to be balanced with the protection of the state to every business actor either corporation or to the workers so that their rights and obligations are guaranteed. One of the...
Proceedings Article

Islam and Human Rights: Theoretical And Practical Framework In Indonesia

Masykuri Abdillah
This paper explains the compatibility of Islam and Human Rights, although in fact Muslim countries are generally considered as being less respective and less protective of human rights. As one the Muslim countries, Indonesia has committed to protect human rights since the beginning of its independence,...
Proceedings Article

Political Discrimination against Non-Muslims in Contemporary Indonesia

Mujar Ibnu Syarif
This article charts the political discourse amongst Islamic leaders regarding political discrimination against non-Muslim minorities in contemporary Indonesia. The focus is about the possibility of a non-Muslim to become political leaders such as president, head of parliament, governor, and other prominent...
Proceedings Article

Negotiating State, Religion and Human Rights: Debate in the Indonesian Constitutional Court

One of the crucial issues in countries with a Muslim majority, not to mention Indonesia, is the relationship between the religion and the state. Although Pancasila and the Constitution (UUD 1945) are claimed final, it does not mean that the position of religion, state, and human rights is also final....
Proceedings Article

Social Sanction Versus Legal Sanction in Corruption Case

Corruption in Indonesia is still griping and increasingly apprehensive, both in central and local government, either alone or in groups. The predicate of the religious community does not guarantee those who live there to be free from corruption. There have been many examples of members of the community...
Proceedings Article

From Knowledge Society towards Religious Wisdom Community: Understanding ICT in Islamic Perspective

Saiful Anwar, A.M. Hassan Ali, Ulumuddin Nurul Fakhri
This proposal is conceptual in nature. The proposal will try to identify the current trends of Information and Communication Technologies (ICT)'s role in advancing knowledge building into wisdom community. More precisely, the aim of the proposal is to analyse the ICT's role in building wisdom community...
Proceedings Article

Coal Mining and Human Rights: Initiating The Right To a Good and Healthy Environment as Non-Derogable Right

The impact of the larger amount of exploited coal causes enormous environmental damage. This sociological legal research finds that coal mining activities have caused human rights abuses because of the loss of a good and healthy environment for society. Whereas according to Article 28H of the 1945 Constitution...
Proceedings Article

The Position and Responsibility of Sharia Supervisory Board in The Company Organs

M. Hidayatulloh
The existence of Sharia Supervisory Board in Sharia Financial Institution which has a legal entity as a company is a mandate of legislation and to keep the trust of sharia financial consumers. In fact, Sharia Supervisory Board who works in Sharia Financial Institution does not have any clear post and...
Proceedings Article

Sharia and Anti-Corruption Law in Indonesia: Empowering Legal Culture, Eradicating Social Evil

JM. Muslimin
The article aims at explaining that there is an interconnected link between corruption and culture. For many Muslims in Indonesia, sharia had become religious symbol, justification and source of meaning of life. Nevertheless, practically, as cultural values sharia cannot talk loudly contradicting the...
Proceedings Article

Are Local Regulations in Indonesia Compatible with Human Rights?

In the last few years, the Indonesian government --the Minister of Home Affairs-- has canceled many local regulations. by . This paper aims to examine whether the local regulations abrogated in Indonesia d not uphold the human rights. It is also to show how the local regulations are generally deemed...
Proceedings Article

State Legal Protection on Freedom of Religion: a Myth

Rini Fidiyani
The State does guarantee freedom of religion/belief in its constitution. However, the guarantee does not necessarily affect the people in practice. This research intended to analyze the freedom of religion/belief implementation in Indonesia. The approach method was normative and empirical. The results...
Proceedings Article

Application of Customary Law in Improving Economic Welfare of Adat Village Community: a Case study of tourism economic potential of Adat Village in West Java

Helza Nova Lita, Eman Suparman, Renny Supriatni, Dadang Epi
Adat Village is one of the tourism economic potential that has huge potential to be developed. West Java has a community of indigenous peoples who are gathered in the "adat village" where a daily life order that is still based on cultural values as ancestral heritage. The ancestral cultural values are...
Proceedings Article

Cyber Child Pornography Law and Technology Problems in Its Law Enforcement

Agus Raharjo
Rapid grow of internet users as a result of widely open access significantly contributes to increasing criminal cases particularly child pornography. Internet becomes a convenient place for users to commit distant crime by accessing porn images or child photographs as well as child sexual activity. Meanwhile,...
Proceedings Article

Ibn Khaldun: Managing Justice in Economy

Moch. Bukhori Muslim
This study aims to discuss economic issues in Ibn Khaldun's perspective. The method used in this research is descriptive analytical, with the main data source from Ibn Khaldun's book, Muqaddimah. The findings of this research are Ibn Khaldun states that the economic activities of society become the benchmarks...
Proceedings Article

The Shariah Governance Framework For Strengthening Zakat Management in Indonesia: a Critical Review of Zakat Regulations

Euis Amalia
Good governance is a crucial issue in the context of strengthening the performance of zakat institutions. As a public organization, the performance of zakat institutions especially in management and service is the benchmark for the growth of public trust. Conceptually, zakat institutions are a pivotal...
Proceedings Article

The Rights To Design: The Protection of Intellectual Property Rights in Designing Contemporary Batik Ornament

Agung Zainal Muttakin Raden, Muhammad Iqbal Qeis
Indonesia is known for its diverse culture and traditions, sporting numerous tangible and intangible cultural heritages. Though living in a rich cultural heritage, the lack of knowledge within Indonesian society regarding intellectual property rights resulted in many violations of copyrighted materials....
Proceedings Article

The Constitutional Policy: State Recognition of the Believers in Indonesia

Ahmad Tholabi Kharlie, Fathudin
The policy of unfilled the religion column as listed in the Identity Card for the believers (spiritual group) leads into the neglected citizenship rights to access the various public services such as education, health, occupation, and others. The constitutions of citizenship administration which have...
Proceedings Article

Good Governance and Human Right: The Experience Of Indonesia As The Biggest Muslim Country In The World

Dede Rosyada
The political leaders of Indonesia have given a great attention to human rights since early of the national movement for independence. The first national movement was Budi Utomo, the organization that was promoted by Indonesian academicians with the main effort was an education for indigenous Indonesia....
Proceedings Article

The Sharia Compliance of Islamic Multi Contract in Islamic Banking

Muhammad Maksum
Contract (akad) in Islamic banking transactions differs from the one in conventional banking. Although both produce the same product with the same name, but with certain contracts, it becomes distinct in characteristics. Some products are even a combination of multiple contracts (multi contract). By...
Proceedings Article

Economic Review and Regulation of Islamic Investment Instruments on Asset-Backed Securities

Potential credits for having houses through Islamic financial services show an increasing opportunity for Islamic bank to channel their funds through mortgage financing. In reality, however, the bank's capital still fails to fulfill these growing demands in such market. In response to this case, Islamic...
Proceedings Article

Islamic Inheritance Law For Economic Social Justice in Indonesia

Dewi Sukarti, Isnawati Rais
Islamic inheritance Law offers an economic social justice for Moslems within a nuclear family, through both consanguineous neal and affinal relationships. Based on a qualitative research on women's inheritance, this article explores the concept of social economic justice in Islamic inheritance law. This...
Proceedings Article

Judicial Review of Criminal Code Articles on Adultery, Rape and Same-Sex Obscene in Indonesia Constitutional Court

Qurrata Ayuni
Through the case number 46 / PUU-XI / 2016, a number of Petitioners requested the Constitutional Court to expand the definition of adultery, rape and same-sex obscene in the Indonesia Criminal Code. In accordance with the Article 24C of the 1945 Constitution, the Constitutional Court is authorized to...
Proceedings Article

Legal Protection for Child Victims of Sexual Violence in Indonesia

Lushiana Primasari, Rehnalemken Ginting, Rofikah
This article discusses the provisions of legislation governing legal protection for child victims of sexual violence and factors that affect the high number of sexual violence against children in Indonesia. The current case of sexual assault against children continues to increase. In general, the perpetrators...
Proceedings Article

Good Governance, Human Rights and Social Welfare: An Evaluation

Nik Ahmad Kamal bin Nik Mahmod
Good governance is an essential element in upholding human rights principle in a nation. Achieving social welfare and social justice via good governance in the implementation of human rights is a big challenge in developing and underdeveloped countries. The goals of social welfare are pertinent to ensure...
Proceedings Article

Treating Religious Minority (Un)justly: Problems and Challenges of Regulating Freedom of Religion in Indonesia

Masdar Hilmy
On paper, Indonesia adopts a neutral policy towards religion. It is widely upheld that Indonesia is neither secular nor religious (theocratic) country. The idea of freedom of religion is also explicitly guaranteed by its constitution, UUD 1945. This country further acknowledges and ratifies the International...
Proceedings Article

Global Hijriyah Calendar As Challenges Fikih Astronomy

Unification of hijri calendar occupies very important position because the calendar system adopted as symbol of civilization, particularly for Islamic civilization which no enter the era of 1.5 millennium and has not global calendar system. The hijri calendar system is lunar calendar based on the circulation...
Proceedings Article

The Meaning and Implication of ICCPR Ratification to Religious Freedom in Indonesia

Saru Arifin
Indonesia has officially ratified the ICCPR in 2005. This Covenant is one of the basic human rights law instruments in the United Nations. This paper is aimed to review the implication of the Covenant to human rights law system in Indonesia in general, and particularly for the religious freedom. Unfortunately,...