ijcs
Abstract : An Analysis of Ibn-Khaldun’s Theory in light of Covid-19 Pandemic
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Abstract: This argumentative paper presents a new perspective on Ibn-khaldun’s theory of social change in light of Covid-19. It argues that when examining the theory, it can be found that it makes an association between social change and natural factors, such as epidemics and human factors, such as government changes. The target theory which is explored in this study is the cyclical theory of Ibn-khaldun. This study adopts the former theory in order to analyze the effects of Covid-19 on the Arab-Islamic society, and how this theory was able to predict many of the current events and possible future events using social and historical approaches. The paper consists of four parts as follows: First, an overview of Ibn-khaldun’s theory of social change and its philosophy is provided. Second, the role of human factors in social change according to Ibn-khaldun is explored. Third, natural factors affecting social change according to Ibn-khaldun are discussed. Finally, the impact of Covid-19 on our way of life in relation to Ibn-khaldun’s theory of social change is examined. Keywords: Ibn-khaldun, theory of social change, Covid-19, human factors, natural factors. |
Abstract : Criminological Outlook of Overcoming Disproportionate Punishment in Environmental Crimes
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Abstract: Criminal determination in a number of environmental offenses still raises excessive criminal threats. The weight of a criminal for offense committed due to negligence is even more severe than the weight of the criminal for deliberate offense which causes death. Criminal weights can also not be compared in weight to offenses that have the same level of seriousness. In the Law reviewed, the criminal threat in some formal offenses is more severe than in material offenses so that it violates the principle of proportionality. Excessive crimes can be overcome through ranking offenses based on their seriousness which refers to the four models of criminalization based on environmental losses. The serious environmental pollution model places the most serious offense ranking, followed by the concrete harm model, then the concrete endangerment, and finally the abstract endangerment. After the ranking of environmental offenses is compiled, the criminal weight is determined. Spacing of penalties between the offense groups to another also needs to be determined. Keywords: Disproportionate punishment, environmental law, criminal sanctions, mining law, criminology. |
Abstract : Implementation of the Constitutional Court Decision Regarding the Execution of Fiduciary Guarantees and Inclusion of Default Clauses in Indonesia
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Abstract: The existence of the Constitutional Court Decision Number 18/PUU-XVII/2019, made problems in society related to the implementation of the fiduciary guarantee execution. This study aims to determine and analyze the implementation of the Constitutional Court Decision Number 18/PUU-XVII/2019. The research method used is normative juridical by conducting document studies of legal principles, legal regulations and legal norms in Indonesia and interviews with civil law experts. The results showed that the decision of the Constitutional Court Number 18/PUU-XVII/2019, caused disagreements in its implementation. Prior to the Constitutional Court Decision, the execution of the Fiduciary Guarantee was based on the Fiduciary Guarantee Law, if the debtor in default, the Fiduciary Recipient can execute on the basis of the fiduciary recipient's own power to sell the object of fiduciary security, but with a Constitutional Court Decision it must go through a court. This creates confusion for creditors and is against the principle of material security. This is detrimental to creditors, because creditors cannot immediately sell their own fiduciary collateral objects if the debtor defaults. This phenomenon can lead to a lack of legal certainty and legal protection for fiduciary recipients and contradicts the nature of fiduciary guarantees which should have strong guarantee rights and are easy to implement. Keywords: Fiduciary Guarantee, Execution, Default Clauses, Implementation. |
Abstract : Justice Sector Corruption: Will Indonesia Neutralize it?
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Abstract: Background: Though there are vigorous efforts made to fight corruption attitude and behavior, in Indonesia the judiciary sector is still characterized by the existence of rampant widespread corruption acts of crime. For instance, there are many judges who have been caught being bribed across the country. From the available data, of the 19 judges at the Corruption Eradication Commission, 53% are those who make up the Corruption Adhoc judges, while the remaining 47% are career judges. Objective: This research was conducted to determine the corrupt behavior of judges in relation to carrying out their duties and authority in upholding justice. Method: The study applied a normative juridical research method, which established that corruption behavior exhibited by judges in handling cases is still prone to criminal acts of corruption, is detrimental to justice seekers. Conclusion: Thus, the judge's corrupt behavior as the foremost law enforcer can be prevented as early as possible, if justice is to be upheld at a national level. Keywords: Behavior, Crime, Corruption, Judiciary, Judge and Law Enforcement. |
