Rethinking Indonesian Anti-Money Laundering Laws in the Age of Online Gaming Economies

Indonesia’s Anti-Money Laundering (AML) laws were originally designed to combat traditional financial crimes; however, the rise of virtual items in online gaming economies presents new challenges. This study aims to assess whether the current legal framework is equipped to address the use of virtual items in money laundering activities. Utilizing a normative legal research method and a statutory approach, the research draws on secondary data from Law No. 8 of 2010 on the Prevention and Eradication of Money Laundering, sourced from Indonesian legal databases. The data are analyzed descriptively to evaluate their relevance to digital economies. The findings reveal that while the AML Law provides a basic framework, it requires further development to specifically address the role of virtual assets and gaming platforms in money laundering. This study proposes legal reforms, including clearer definitions of virtual assets and amendments to impose liability on gaming developers, with the aim of enhancing Indonesia\u27s regulatory framework to address emerging threats

Reconstruction of Sharia Economic Procedural Law in Indonesia and Comparison of Sharia Economic Cases in Malaysia and Indonesia

Sharia economy is a subsystem of the national economic system. As an economic system with distinctive Sharia principles, which is an integral part of the national economic system, it should have regulations that can provide appropriate legal certainty for the community. However, this study highlights several weaknesses related to the regulations governing the resolution of Sharia economic procedural law, including the limitations of Supreme Court Regulation (Perma) Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Cases and the pluralistic nature of Sharia economic procedural law sources. The aim of this research is to analyze the weaknesses in the resolution of Sharia economic procedural law, leading to disparities in the pursuit of justice by individuals in Religious Courts. This normative problem demands a reconstruction of Sharia economic procedural law to align it with Sharia principles and the values embodied in Pancasila. Furthermore, this study will compare the Sharia economic procedural law in Malaysia, which adheres to the principle of persons professing the religion of Islam, in the resolution of Sharia economic cases. The legal research method used is normative juridical, thus this research analyzes based on three aspects: philosophical, juridical, and sociological, to identify the urgency of legal reform of Perma Number 14 of 2016 concerning Procedures for the Settlement of Sharia Economic Cases. The findings of this research recommend a judicial review of Perma Number 14 of 2016 to build a Sharia economic procedural law derived from Islamic law and capable of providing legal certainty in all aspects of Sharia economic cases

Darul Ahdi wa Syahadah and the Implementation of Maqasid Al-Shariah in the Context of the Pancasila State

This research explores the application of the concept of Darul Ahdi Wa Syahadah as a foundation for implementing Maqasid al-Shariah within the context of the Pancasila state. The aim is to examine how Islamic values, which protect religion, life, intellect, progeny, and property, align with the principles of pluralism and diversity enshrined in Pancasila, ultimately striving to achieve a just, prosperous, and harmonious Indonesian society. Using a qualitative approach with a literature review and critical discourse analysis, this study examines various scientific works, official Muhammadiyah documents, and public policy reports. Findings reveal that Darul Ahdi wa Syahadah and Maqasid al-Shariah can harmonize in public policies that promote social justice and welfare in alignment with Pancasila’s principles, underscoring the role of Muhammadiyah as a key agent in integrating Islamic values with state ideology. Despite significant challenges, particularly concerning pluralism and religious freedom, these concepts hold substantial potential to reinforce social and political stability in Indonesia. Future research should focus on developing specific indicators to assess the effectiveness of Darul Ahdi wa Syahadah and Maqasid al-Shariah in public policies across sectors such as education, economic development, and healthcare. Additionally, empirical studies should be conducted to evaluate the broader societal reception of these concepts within Indonesia\u27s pluralistic framework

The President\u27s Authority in the Organization of Political Campaign for General Elections May Lead to Presidential Bias

The issue of whether the president is allowed to campaign is not a new one, as stipulated in Article 299 of Law Number 7 of 2017 concerning General Elections, which states that the President and Vice President have the right to conduct campaigns. This raises concerns about the President potentially favoring one pair of candidates to the advantage or disadvantage of other election participants during the campaign period. The purpose of this research is to examine the impact of the President\u27s authority in conducting election campaigns. This study is juridical-normative (legal research), utilizing a descriptive approach based on secondary data. Article 299 of Law Number 7 of 2017 concerning Elections states that the President has the right to conduct campaigns, while ensuring the continuity of state administration tasks, refraining from using state facilities, and avoiding actions that could benefit or harm any pair of candidates. This situation can lead to presidential bias and tendencies toward favoring one pair of candidates, misuse of authority by exploiting state facilities for non-state interests, and the potential for actions that could influence the electoral prospects of each pair of candidates positively or negatively

Special Intellectual Property Protection for Traditional Cultural Expressions: Rectifying Broad Legal Approaches

The legal protection of cultural diversity within the context of Traditional Cultural Expressions (TCEs) is not governed by specific legislation, which can significantly hinder the protection and validity of cultural expressions. Utilizing normative legal research methods, this study aims to conduct a comprehensive analysis of the urgency of establishing a specialized legal regime that recognizes and safeguards TCEs as a unique form of communal intellectual property. The analysis supported with a statutory approach indicates that there is a strong urgency to form this specialized legal regime, highlighting normative conflicts in existing regulations. The analysis also outlines how the formation of this regime can be accomplished by referring to a comprehensive normative framework and considering the unique elements that constitute TCEs. The research findings show that existing regulations have not been able to provide adequate protection for TCEs, especially in the context of the Industrial Revolution 4.0, which demands more comprehensive protection, particularly in the digital realm. Therefore, the establishment of this specialized legal regime becomes a crucial step in addressing new challenges in the era of Industrial Revolution 4.0

Material Rights of Children in Guardianship Maqashid al Sharia Perspective

The material rights of children in the ruling of religious court judges are a very important issue to be studied in relation to the protection of children\u27s rights in guardianship. This study, not only to explaining the protection of children\u27s material rights but also analyzes the paradigm of determining children\u27s material rights in guardianship in the Religious Court, and analyzes the urgency of children\u27s material rights in the determination of guardianship from the perspective of maqashid al sharia. Employing a qualitative descriptive approach, the study gathered data by reading the judge\u27s decision on guardianship and literature study. Data analysis was conducted by describing and interpreting the data inductively to reach a conclusion. The findings in this study reveals that the protection of children\u27s rights in guardianship has been contained in positive law in Indonesia, but so far the ruling of the religious court judge on guardianship often do not explicitly accommodate the material rights of children clearly, so there is no protection of children\u27s material rights in the judge\u27s decision, while children\u27s material rights are something that is very urgent to protect in the perspective of maqashid al Sharia at the level of maqashid al-daruriyyat in terms of safeguarding assets (hifz al-maal). The paradigm for determining the material rights of children in guardianship within religious courts is also included in the maqashid al hajiyyat group

Leadership and the Money Politics Trap in Islamic Legal Thought: A Case Study of Indonesia as a Muslim-Majority Country

This study aims to evaluate the attitudes of leaders shaped after being trapped in the practice of money politics by voters in general elections based on Islamic law. This context tends to be overlooked by previous studies discussing the issue of money politics in elections. In addition to responding to the shortcomings of previous studies, this study also focuses on evaluating the characteristics and implications of money politics in shaping leaders\u27 attitudes post-election based on Islamic law. This study employs a qualitative descriptive approach based on Islamic law to explore the characteristics, factors, and implications of money politics on leaders\u27 attitudes post-election. The findings of this study reveal three important contexts regarding the characteristics of money politics in elections in Indonesia that contradict Islamic law. First, the practice of money politics in elections often appears in the form of cash payments, digital money, and the provision of projects with political aims. Second, money politics practiced in elections is frequently influenced by structural, cultural, and infrastructural factors oriented towards transactional politics. Third, the money politics conducted by actors in the elections has shaped opportunistic, pragmatic, and even corrupt attitudes among leaders post-election

Criminal Careers and Drug Abuse Among Adolescents in Indonesia

The engagement of adolescents in drug abuse cases is a complex process that requires explanation and reflection. This study aims to explain the criminal careers of adolescents engaged in drug abuse. Such inclinations are often overlooked in studies concerning adolescent involvement in drug abuse cases in Indonesia. In addition to addressing the inadequacies of prior research, this study aims to expound the criminal careers of adolescents involved in drug abuse cases in Indonesia. This is a descriptive qualitative study that utilizes primary and secondary data. The study\u27s findings highlight three important situations of adolescents\u27 criminal careers in drug abuse cases. Firstly, the initial phase of adolescent drug abuse is precipitated by experimentation, peer influence, and a curiosity about drugs. Secondly, active drug abuse among adolescents manifests in various forms such as users, abusers, and addicts. Lastly, active participation in drug abuse among adolescents leads to a progression in behavior from from users to dealers, users to sellers, and addicts to dealers. This study also emphasizes the need to explain the perceptions and motivations of adolescents who engage in drug abuse cases to acquire a better understanding of their conduct

Community Outreach Gaps in Drafting Regional Regulations: A Call for Enhanced Government Socialization

The enactment of Law Number 12 of 2011 concerning drafting laws and regulations constitutes a crucial foundation for legislative and regulatory development. This was accepted by the community because many Regional Regulations of The Leader (Regional Reg. of The Leader/Perkada) were revised and even revoked by the government. This study aims to inform the formulation of the Regional Medium Term Development Plan in Lahat. Its objective is to evaluate the alignment of legal developments with Law Number 12 of 2011. The form of research is analytical descriptive, namely research that does more than just describe a problem. Data collection involves a prescriptive legal method, focusing on researching legal aspects. The study reveals that during the preparation of the Lahat Regional Medium Term Development Plan (RPJMD) for 2019-2023 it was approved by Lahat Regional People\u27s Representative Assembly /DPRD for the enactment of Regional Regulation Number 2 of 2019 concerning the Regional Medium-Term Development Plan (RPJMD) in the framework of revising Law Number 12 of 2011 concerning the formation of adequate laws and regulations, namely regional government laws and regulations, in this case the Regent\u27s proposal has been stipulated by Lahat Regional People\u27s Representative Assembly/DPR. This revision aims to ensure compliance with regional government laws and regulations. However, there remains a significant gap in community socialization efforts

Juridical Analysis of Forestry Criminal Law Enforcement by Corporations in Environmental Fiqh Framework

The application of the precautionary principle in enforcing forestry law in Indonesia is a very important principle for protecting forests and the environment. This precautionary principle emphasizes efforts to prevent environmental damage and avoid irreversible risks. This research aims to analyze the application of the Precautionary Principle in Forestry Criminal Law Enforcement carried out by Corporations from the perspective of juridical jurisprudence and the environment. This research employs normative legal methods using various approaches, including the environmental fiqh approach, statutory approach, conceptual approach, case approach, and comparative approach. Implementation of the Precautionary Principle in the context of forestry crime cases involving corporations can be realized through the application of the principle of strict responsibility. The government has issued Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction (P3H) as a step to improve Law Number 41 of 1999 concerning Forestry. Judges who handle cases against companies that violate Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction (P3H) must consider the existing situation and conditions, taking into account the level of damage that has occurred and the impact of forest damage caused by the corporation. From an environmental fiqh perspective, the precautionary principle is in line with the concept of preserving nature (hifz al-bi\u27ah) which is part of maqasid al-shariah (goals of sharia). This research suggests increasing the capacity of law enforcement through training and outreach regarding the precautionary principle, as well as closer integration between positive law and environmental fiqh values ​​within the framework of forestry criminal law