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Showing 114 articles found for "Normative"

VALUE-BASED REPUTATION: TRANSFORMING ISLAMIC BANKING GOVERNANCE IN REALIZING THE SUSTAINABLE DEVELOPMENT GOALS (SDGs)

Abdul Hafith, Baiq El Badriati, Riduan Mas’ud
Abstract: This study aims to construct a conceptual model integrating value-based governance, value-based reputation, and the Sustainable Development Goals (SDGs) within the context of global Islamic banking. The research is motivated… ated by the need to bridge Islamic ethical values with modern governance and sustainability paradigms that emphasize the balance between profitability, moral integrity, and social responsibility. Employing a systematic literature review and thematic synthesis through qualitative analysis, this study identifies, categorizes, and synthesizes key conceptual themes relevant to the research focus. The findings reveal that value-based governance serves as an ethical foundation that strengthens value-based reputation, while the latter functions as a catalyst for achieving sustainable development objectives. The synergy among these three elements produces a governance model that positions the principles of maqāṣid al-sharī‘ah as a normative framework for ethical, transparent, and sustainable Islamic financial practices. The primary contribution of this research lies in the simultaneous integration of the three major frameworks—value-based governance, value-based reputation, and SDGs—which enriches theoretical discourse on Islamic financial governance and provides strategic direction for the development of policy, sharia auditing, and sustainability reporting systems oriented toward ethical values and global welfare.

ANALYSIS OF THE CIVIL DECISION EXECUTION MECHANISM IN THE INDONESIAN JUDICIAL SYSTEM

Divani Tsamara Madiyya, Naurah Alfi Mufidah Anwar, Amandha Ayu Bunga Syabina, Nazwa Wahdatul Hilaliyah, Kesya Putri Kuswara, Frederika Eugene, Carolyn Victoria, Yuni Priskila Ginting
Abstract: The last phase that assesses the efficiency of law enforcement in the Indonesian legal system is the execution of civil decisions. Despite having a solid legal foundation thanks to the Reglement Buitengewesten (RBg) and… the Herzien Inlandsch Reglement (HIR), its execution frequently encounters a number of challenges. The purpose of this study is to examine how civil judgments are carried out, including the legal foundation, several forms of execution (such as real, payment of money, and vacating), stages of implementation (such as aanmaning, execution seizure, and forceful execution), and practical challenges. Normative juridical study using a conceptual and statutory approach is the methodology employed. The study's findings show that the primary causes of execution failure are non-legal barriers like social opposition and a lack of official backing, as well as legal barriers like verzet, derden verzet, and ambiguous verdicts. Effective, efficient, and equitable execution of civil judgments requires systemic change and interagency cooperation.

ACTIVE JUDGES IN ADVERSARIAL COMMON LAW AND THEIR RELEVANCE TO INDONESIA’S HYBRID CRIMINAL PROCEDURE

Setyawan , Vincentius Patria, Wisnubroto , Aloysius
Abstract: This research examines the relevance of adopting the concept of active judges within adversarial common law traditions to Indonesia’s hybrid criminal procedure. The primary objective is to explore whether the active judge… dge model can strengthen Indonesia’s criminal justice reform without undermining its civil law foundation. This study employs a normative juridical method with a comparative approach, analyzing doctrinal sources, statutory law, and scholarly debates from both civil law and common law perspectives. The findings suggest that while the adversarial system traditionally restricts judges to a passive role, the notion of an active judge has emerged to prevent procedural abuses and ensure substantive justice. For Indonesia, integrating aspects of the active judge model may contribute to enhancing transparency, protecting defendants’ rights, and harmonizing procedural justice with societal expectations. Nevertheless, challenges remain, particularly concerning judicial independence, consistency of application, and potential conflicts with established inquisitorial practices. This study concludes that the adoption of active judge principles must be carefully contextualized, reinforcing Indonesia’s hybrid system rather than replacing its legal traditions.

FIRM ETHICALITY, GREEN MARKETING, AND BRAND LOYALTY: MODERATING EFFECTS OF BRAND REPUTATION, ENVIRONMENTAL CONCERN, AND SOCIAL INFLUENCE

Pradana, Mahir, Bryant , De Roger Baggio, Rubiyanti , Nurafni
Abstract: This study examines the influence of firm ethicality, green marketing, and corporate social responsibility (CSR) on brand loyalty toward Tokopedia, it also explores the moderating roles of brand reputation, environmental… concern, and social influence. A survey of 56 Tokopedia users was analyzed using partial least squares structural equation modeling (PLS-SEM). Results show that firm ethicality significantly and positively influenced brand loyalty. In contrast, green marketing and CSR did not show significant effects, nor did any of the hypothesized moderating relationships. Interestingly, social influence, although not proposed as a direct predicator, demonstrated a significant direct effect on brand loyalty, highlighting the roles of normative and informational influence in e-commerce. Assessment of the measurement model confirmed satisfactory construct reliability, convergent validity, and discriminant validity. The structural model exhibited predictive relevance. The findings indicate that corporate ethics and social influence are key factors in fostering loyalty within Indonesia’s digital marketplace.

LEGAL CERTAINTY OF FINANCING OF MERAH PUTIH VILLAGE COOPERATIVES: INSTITUTIONAL ANALYSIS BETWEEN THE PRINCIPLE OF COOPERATIVE INDEPENDENCE AND STATE INTERVENTION

Hasanudin, Adnan, Winanti , Atik, Jilena Meliala, Aurora
Abstract: This study examines the legal certainty of financing for Indonesia's Desa Merah Putih Cooperative (KDMP) initiative, analyzing the institutional tension between cooperative independence and state intervention. Rooted in… the constitutional mandate for cooperatives as a cornerstone of the Indonesian economy, the KDMP program aims to establish 80,000 village-level cooperatives through state-facilitated credit lines and technical assistance. However, this top-down model raises concerns about undermining cooperative autonomy enshrined in Law No. 25/1992 and the principle of subsidiarity. Employing a normative juridical research design, this study draws on secondary data from legal literature and primary legal materials to systematically examine relevant norms and doctrines. Findings reveal a tenuous alignment between state financing mechanisms and cooperative autonomy, primarily due to the proposed reliance on state-owned bank credit lines rather than direct state budget grants, leading to legal ambiguity regarding accountability and oversight. The potential for mass loan defaults and the contentious use of Village Funds as collateral further complicate legal certainty and risk hidden liabilities. Comparative insights from India's Amul cooperative and the Philippines' barangay cooperatives illustrate successful models where government acts as a facilitator without impinging on cooperative self-governance or member control. This study advocates for a recalibrated regulatory approach featuring transparent oversight, proportional supervision, and participatory decision-making to reconcile developmental imperatives with cooperative principles, ultimately enhancing legal certainty and ensuring that state-supported cooperatives remain genuinely member-driven enterprises.

THE LEGAL POLITICS OF THE FORMATION OF JOB CREATION LAW WITHIN THE FRAMEWORK OF RESPONSIVE LAWS

Febriana, Lega Rahayu, Setiadi , Wicipto, Ahsin Thohari, Ahmad
Abstract: The introduction of the omnibus methodology to Indonesian lawmaking through the Job Creation Law has generated intense scholarly debate over the balance between regulatory efficiency and democratic legitimacy. Drawing on… Nonet and Selznick’s responsive law theory, this study examines the legal politics underpinning the formation of Law No. 11 of 2020, PERPPU No. 2 of 2022, and Law No. 6 of 2023 within Indonesia’s civil‐law framework. Using normative legal research methods including statutory interpretation, constitutional doctrinal analysis, and comparative legal study this article traces the procedural trajectory from initial draft to successive judicial reviews (Decision Nos. 91/PUU-XVIII/2020 and 168/PUU-XXI/2023). The findings reveal systemic procedural deficiencies: exclusion of affected stakeholders, lack of meaningful public participation, and executive reliance on emergency powers instead of mandated legislative revision. The Constitutional Court’s interventions have served as corrective “strange attractors,” introducing “meaningful participation” requirements (right to be heard, right to be considered, and right to explanation) and compelling the government to adopt legislative reforms. However, persistent executive resistance underscores enduring tensions between efficiency‐oriented omnibus reforms and procedural legitimacy. The study concludes that forthcoming legislative efforts particularly the mandated separate Employment Law will determine whether Indonesia’s legal system advances toward genuinely responsive law or reverts to repressive practices. These insights hold broader significance for comparative constitutionalism and the global discourse on omnibus legislation in developing democracies.

FROM STRUCTURE TO REALITY : LAW ENFORCEMENT , INEQUALITY FUNCTIONAL , AND JUSTICE FOR RESIDENT

Irfandi
Abstract: Study This aiming For analyze inequality between law normative and practical its implementation in system Indonesian law , as well as to study the impact to justice social and awareness law citizens . This article also explores… xplores the role of Citizenship Education in to form character critical , fair and conscious citizens​ law . In the research This the method used is approach qualitative descriptive with type studies library , relying on secondary data from literature academic , documents law , and reports institution independent . The results of the study show that inequality enforcement law due to low integrity institution justice , intervention power , and social bias to group vulnerable . The phenomenon of dualism of law causes law lost universal and changing nature become tool discriminatory power . Therefore​ that , Citizenship Education own position strategic in to plant mark justice , awareness law , and bias towards groups marginal , in order to create a more society fair and democratic .  

INTEGRATING SHARIA VALUES AND MEDICAL STANDARDS IN SAFE AND ETHICAL SUNNAH CUPPING PRACTICES

Isdianto, Andik, Fitrianti, Novariza, Arif, Abdul Hamid, Widada, Wahyudi
Abstract: Sunnah cupping therapy (hijamah) is a form of prophetic medicine that combines spiritual and therapeutic dimensions but often lacks adherence to clinical safety standards. This study aims to analyze the urgency of integrating… ating Sharia values—particularly maqashid shariah (protection of life) and la dharara wa la dhirar—with emergency medical protocols in sunnah cupping practice. The research uses a normative-qualitative literature review method. Data were collected from recent academic sources and analyzed through content analysis to develop an ethical and procedural framework. Findings reveal that sunnah cupping carries clinical risks such as infection, bleeding, and vasovagal shock when performed without medical protocols. The integration of Sharia and medical principles is operationalized through emergency training, Islamic-based SOPs, and education-regulation mechanisms rooted in maqashid. Core Islamic ethics—such as ikhlas (intention), amanah (trust), and tathir al-adawat (sterilization)—are essential moral pillars within the clinical service model. This study concludes that the integration of Sharia values with emergency medical preparedness is a critical need in the practice of sunnah cupping. The study recommends the development of standardized curricula, clinic certification, and first aid (CPR) training for therapists to ensure safety, professionalism, and religious legitimacy.

JURIDICAL ANALYSIS OF DECISION NUMBER 27/PDT. G/2019/PN. TBK AGAINST LAWSUITS FOR UNLAWFUL ACTS ON MEANS OF TRANSPORT CONFISCATED BY THE STATE

Ramadhan, Handika, Ansari , Muhammad Insa, Adli , Muhammad
Abstract: Article 109 paragraph (2) of Law Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs regulates that means of transport that are solely used to commit criminal acts can be confiscated for the… he state. Decision Number 102/Pid.Sus/2019/PN.Tbk stated that the means of transporting the MT Yosoa ship were confiscated for the state and in Decision Number 27/Pdt.G/2019/PN.Tbk, the judge ruled that the Tanjung Balai Karimun District Prosecutor's Office Cq. Public Prosecutor had committed an unlawful act. The purpose of the research is to analyze the judge's consideration of the lawsuit for unlawful acts, and the extent of Decision Number 27/PDT. G/2019/PN. Tbk influences the legal interpretation of unlawful acts, as well as the ownership status of MT YOSOA ships that have been decided to be confiscated by the state. This research is a normative juridical research. Data is collected and then analyzed qualitatively. The results of the research show that the judge's decision has weaknesses in legal considerations which results in legal uncertainty and injustice for the parties. In addition, there are inconsistencies in assessing the evidence of ship ownership and elements of unlawful acts, this decision also shows weaknesses in determining liability, due to the lack of parties involved in the lawsuit. It is recommended that the judge be more careful in considering all aspects of the law and exploring the material truth thoroughly. All interested parties must be involved in the lawsuit so that accountability can be clearly established.

LEGAL ANALYSIS OF THE HOLDERS OF RESPONSIBILITY RIGHTS WHOSE RIGHTS WERE TRANSFERRED BECAUSE THEIR GRANT WAS CANCELLED BY THE BANDA ACEH SYAR’IYAH COURT

Deddy Yusuf, Zahratul Idami, Teuku Saiful
Abstract: Article 6 of Law No. 4 of 1996 gives creditors the right to execute parate against the object of the mortgage. However, in decision No. 0112/Pdt.G/2017/MS-BNA, the Sharia Court annulled the deed of gift. This study aims… to analyze the judge's considerations, the legal force of certificates and deeds in bank mortgages, and legal protection for mortgage holders. This study is a normative legal study. Data were collected and then analyzed qualitatively. The results of the study indicate that the judge annulled the gift because it did not meet the legal requirements according to Islamic law and the Compilation of Islamic Law. The decision has implications for the cancellation of all related documents, including the certificate of ownership, the deed of granting mortgage rights, and the credit agreement, so that they no longer have legal force as debt collateral. Legal protection of creditors due to cancellation of grants according to Article 11131 of the Civil Code, even though the collateral guarantee is cancelled, the creditor still has legal protection through general guarantees, namely that all of the debtor's assets can be used as objects of debt fulfillment and the creditor can request seizure of collateral and the application of the principle of good faith of the bank that has acted according to the procedure for granting credit. It is expected that judges will prioritize the principles of justice, proportionality, the principle of good faith, and substantive justice in banking and financing practices in Indonesia.