Prophetic Law Review

The Criminalization of Environmental Harm: Theoretical Perspectives in the European Union

2024-09-30T02:47:10+00:00

Climate change poses a serious threat to the health and well-being of people and the environment and is one of the most pressing issues facing the European Union today. The damage caused by rising global temperatures, extreme weather events, and the resulting environmental degradation are not only ecological concerns but also directly impact human life. The greatest challenge for states worldwide is to find out how to combat climate change and its consequences with legislation. This situation demands a reevaluation of legal liability in the context of environmental harm. Traditional legal approaches often focus on punishing individual transgressions and direct harm, but climate change and environmental damage are collective and long-term problems that require a more systemic approach. The complexity of the problem comes from the fact that climate change and its serious consequences are the result of human action. However, most of these actions are legal. The special features of environmental harm and damage must encourage governments to reconsider the concept of legal liability and other general issues concerning the function of law. With normative legal methodology, this essay elaborates on these issues from the perspective of European Criminal Law and the criminalization of environmental harm.

Indonesia-Singapore Realignment Agreement 2022: Quo Vadis Indonesia’s Air Sovereignty, Defense and Security?

2024-03-13T06:52:18+00:00

In 2022, after a 76-year wait, Indonesia finally witnessed the fruition of the Agreement on the Realignment of the Jakarta Flight Information Region and the Singapore Flight Information Region. However, President Jokowi's statements created ambiguity, leading to widespread misconceptions that Indonesia's airspace sovereignty over the Riau Islands and Natuna was only established during his tenure through the FIR agreement in 2022. This research aims to evaluate the impact of the airspace adjustment agreement ratified in 2022 between Indonesia and Singapore on Indonesia's air sovereignty and explore potential legal remedies. The research methodology encompasses normative legal analysis, including statutory, conceptual, and historical approaches. From a sovereignty standpoint, the FIR agreement in 2022 has implications for violating Indonesia's airspace sovereignty. Past sovereignty violations resulting from the 1995 FIR agreement could resurface post-2022. Civil-military cooperation in air traffic management is needed to restore Indonesia's compromised airspace sovereignty fully. Moreover, the agreement's 25-year duration conflicts with Law Number 1 of 2009 on Aviation. To rectify this, a crucial legal step involves establishing a takeover agreement, rather than a mere realignment, of the FIR from Singapore, followed by ratification through legislation. The public can engage in a judicial review of Presidential Regulation No. 109 of 2022 at the Supreme Court. Additionally, it is imperative to advocate for creating an Airspace Management Bill to address these complex airspace sovereignty concerns.

The Paradigm of Science According to Thomas Kuhn and Prophetic Jurisprudence

2024-09-30T02:50:21+00:00

Prophetic Jurisprudence is a legal discipline based on the epistemological foundation of Islamic teachings derived from the Quran and Hadith. The framework of prophetic jurisprudence is built upon three prophetic ethical principles: humanization (‘amar ma’ruf), liberation (nahi munkar), and transcendence (tu’minuna billah). One relevant approach for reflecting prophetic Jurisprudence is the paradigm of science proposed by Thomas Kuhn. Kuhn argues that science revolves around five key terms or concepts: paradigm, scientific revolution, pre-paradigmatic stage, normal science, and anomaly. The research questions in this study are as follows: (1) How can prophetic jurisprudence be accepted as normal science when based on Thomas Kuhn's paradigm of science? and (2) How can prophetic jurisprudence be applied to Indonesian society based on the thinking of Thomas Kuhn? This normative legal research reveals that the process of prophetic jurisprudence becoming normal science is still faced with the challenge of positioning prophetic jurisprudence as a product that needs to be systematic, logical, and open. Prophetic jurisprudence still requires tools, resources, and methods to address legal issues in the empirical world. The paradigm of prophetic jurisprudence has provided tangible examples of scientific practices through thought and research within the tradition of scientific inquiry that underlies scientific practices during a specific period. Prophetic jurisprudence is confronted with Indonesian society, which is positivist, pluralistic, and liberal and requires fast, decisive, and concrete legal solutions accompanied by sanctions.

Legal Protection of Indonesian Citizens Who Are Victims of Human Trafficking in Myanmar

2024-09-30T02:27:38+00:00

This research examines the legal protections available to Indonesian citizens who are victims of human trafficking in Myanmar, focusing on the alignment of Indonesia's domestic laws with international standards. Specifically, it scrutinizes the harmonization of legal protection for witnesses and victims of human trafficking under Act Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons with the protocols established by United Nations Convention against Transnational Organized Crime, particularly its supplement, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women, and Children. The study adopts a legal research methodology using a comparative law approach to analyze domestic and international legal frameworks. It investigates how well Act Number 21 of 2007 integrates the provisions of the UNTOC, noting areas of strong alignment and aspects that require further enhancement. The research finds that while Act Number 21 of 2007 is largely in sync with the UNTOC, it falls short in incorporating specific provisions for the special needs of trafficking victims, such as psychological support, housing, and rehabilitation services. The findings highlight significant steps taken by the Indonesian government to protect its citizens from human trafficking but also underscore the need for a more comprehensive approach that includes provisions for the unique needs of victims. The study advocates for amendments to the national legislation to fill these gaps and suggests a more robust framework for international cooperation to combat human trafficking in the region effectively.

Islamic Law Reform: Achieving Grace through Tahlil & Tawasul

2024-03-26T01:37:06+00:00

The study's originality lies in its balanced approach to the highly debated practices of tahlil and tawasul within Indonesian society. Unlike previous works that often align strictly with these practices' legalistic critique or cultural defense, this research comprehensively explores these practices, integrating legal and societal perspectives. By employing a qualitative, descriptive exploratory method supported by an extensive literature review, the study goes beyond the surface-level debates to uncover the more profound cultural and social significance of tahlil and tawasul. The study fills a gap in the existing literature by addressing the lack of nuanced discourse on these practices, particularly regarding their evolution from religious rituals associated with death to broader expressions of local wisdom and community bonding. It offers a fresh perspective on how these practices can be understood as religious customs and vital elements of social cohesion and cultural identity in Indonesia. Furthermore, the study bridges the divide between opposing views by advocating for mutual respect and recognizing tahlil and tawasul as part of the rich tapestry of Islam in the country. This approach contributes to the ongoing conversation about the role of local traditions in Islamic practice, promoting a more inclusive understanding that acknowledges the diversity of religious expression within the Muslim community.

Relationship Between Environmental Permitting Laws and Economic Development from the Perspective of Maqashid al-Shariah

2025-03-14T08:41:18+00:00

Economic development is fundamentally aimed at fulfilling human needs. The ever-increasing human needs are inversely related to the environment's declining support and carrying capacity. This condition demands efforts to ensure that human needs are met while environmental sustainability is maintained. One legal instrument used to regulate the interaction between humans and the environment to fulfill human needs while preserving the environment is through environmental permitting laws. The essence of using the environmental permitting legal instrument to regulate the interaction between humans and the environment aligns with the basic principles of maqashid al-shariah, namely jalbul mashalih wa dar'u al mafasid (bringing benefits and avoiding harm/damage). This study seeks to answer the question, "How is the relationship between environmental permitting law and economic development from the perspective of maqashid al-shariah?" This is doctrinal legal research using legislative, conceptual, and philosophical approaches. Data collection was conducted using document studies, while data analysis was performed using qualitative data analysis techniques. The research findings indicate a relationship between environmental permitting law, economic development, and maqashid al-shariah. From the perspective of maqashid al-shariah, economic development aimed at fulfilling human needs and using environmental permitting legal instruments to regulate the interaction between humans and their environment is an implementation of jalbu al mashalih wa dar-u al mafasid.