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Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Maulana Zidane Saputra; Paramitha Maulida Sifa; Ika Diyah Mawarni

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Purpose of the Study :This study aims to explore the challenges of multiculturalism in Indonesia within the context of citizenship and the recognition of local cultures. It focuses on how cultural diversity can be managed to form an inclusive national identity and address issues such as marginalization, homogenization, and ethnic conflicts. Methodology : The research employs a literature review and qualitative analysis of primary and secondary sources. Data was gathered through a review of existing literature, interviews with community leaders, and observation of public policies related to multiculturalism in Indonesia. Findings : The study reveals that marginalization of local cultures and homogenization due to globalization are major challenges. Conflicts between ethnic groups have also increased due to tensions related to cultural and economic differences. Current public policies do not fully reflect the country's cultural diversity. Conclusion : To address these challenges, it is necessary to strengthen multicultural education, preserve local cultures, and foster intercultural dialogue. Effective management of globalization's impact is also crucial to maintaining cultural diversity. With these measures, Indonesia can build an inclusive and harmonious national identity while reinforcing social cohesion.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Fadilah Isnaini Rahayu; Hayu Diva Lintang; Andreyan Ahmad Dani

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research analyzes the role of Pancasila in criminal law reform in Indonesia, particularly in relation to corruption and terrorism. Using a normative juridical approach and qualitative analysis of regulations, court decisions, and scientific literature, this research also applies the case study method. Data was collected through official documents and interviews with legal experts and law enforcement. The results revealed a gap between Pancasila values and existing legal practices, with challenges especially in fair law enforcement. The research highlights the need for community participation and strengthening the integrity of public officials for successful reform, as well as the importance of a holistic approach that includes legal education and continuous policy evaluation.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Zhelika Wahyu Wardhani; Jovita Dwi Kusumastuti; M. Adil Hakim Al Hadi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia's constitutional reform since 1998 has brought significant changes to the governance system, legal framework, and the protection of civil rights. This study analyzes the impact of the reform on civil rights protection, focusing on the legal and policy dynamics in the post-reform period. Key changes include the amendments to the 1945 Constitution, decentralization of power, and the strengthening of state institutions such as the Constitutional Court. While the legal framework for human rights has been reinforced, challenges persist, including the harmonization of regional and national regulations and corruption, which undermines public access to basic rights such as healthcare, education, and justice. Decentralization often produces discriminatory policies against religious, ethnic, and sexual minorities, while past human rights violations and identity politics exacerbate social tensions. This study employs a normative method with historical and juridical approaches. To enhance civil rights protection, improved oversight of regional regulations, the abolition of discriminatory policies, anti-corruption measures, and transitional justice mechanisms for addressing past human rights violations are essential. Strengthening civil society and judicial reform are also critical steps toward achieving more effective and equitable civil rights protection.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alfia Nur Khasanah; Fina Amalia Nadi; Lulu’ah Ukhti Isnaini

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to explore and analyze the relationship between Pancasila, as the foundation of the Republic of Indonesia, and international principles of justice and equality. Pancasila, which consists of five precepts that reflect the basic values of the Indonesian nation, is expected to serve as a guideline in the application of the principles of social justice and equal rights in the international context. This study uses an analytical approach to evaluate how Pancasila aligns with various international conventions and standards related to human rights and social justice. It also discusses the challenges and opportunities in integrating Pancasila values with global norms, as well as its impact on Indonesia's public policy and international relations. The results show that while there is significant alignment between Pancasila and international principles on justice and equality, there are some challenges in its implementation that need to be addressed to ensure better harmonization between national and international norms.

Arie Herawati; Ramlani Lina Sinaulan; Joko Sriwidodo

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The involvement of a third party in a debt agreement as the owner of the collateral object is a legal act that often occurs in society. Not a few third parties feel disadvantaged due to the debt agreement between the debtor and the creditor because there are still no regulations that clearly regulate their legal protection, one of the cases is Decision Number 808 / Pdt.G / 2021 / PA CN This study aims to examine problems related to legal protection for third parties as owners of collateral according to applicable laws and regulations. This research method uses a normative legal approach by approaching the laws in force in Indonesia, then a normative analysis is carried out using data sources in the form of laws and regulations, court decisions, opinions of legal experts, along with existing legal concepts. This study will later focus on legal protection for third parties as collateral owners based on applicable regulations and legal settlements if third parties feel disadvantaged by the collateral object they own. From the results of the study, it can be concluded that there is no prohibition on the involvement of third parties as guarantors of land rights in the debt agreement process, however, legal regulations regarding the role of third parties are only explained implicitly in Law No. 4/1996, resulting in third parties being vulnerable to being harmed. As a form of legal protection for third parties, it can be done through a preventive process by issuing APHT and SKMHT by authorized officials, in addition, if the third party's rights have been harmed, it can be taken through litigation and non-litigation.

Putri Amaliah Baderung; Fence M. Wantu; Nur Mohamad Kasim

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Since 2017, the Ministry of Agrarian Affairs and Spatial Planning/Head of the National Land Agency has been tasked by President Joko Widodo to complete land registration across Indonesia by 2025 through the Complete Systematic Land Registration Program (PTSL). Based on Ministerial Regulation ATR/BPN Number 12 of 2017, updated with Number 6 of 2018, this program aims to provide legal certainty and protection of land rights for the community. However, many people, especially in North Gorontalo Regency, still do not understand how to obtain land certificates due to a lack of information and education about PTSL. This research aims to explore government policies that provide land ownership certificates as legal protection for the community. Better coordination is needed between local governments and the Ministry of ATR/BPN to raise public awareness of the importance of land certificates, which not only guarantee ownership but can also be utilized as business capital. The PTSL program is expected to improve community welfare and reduce land disputes. Research findings indicate that public understanding in North Gorontalo Regency remains low, with obstacles such as a lack of information, complicated procedures, and limited access. Government policies need to include regulatory simplification and increased transparency as well as public services.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Imro’atus Sholikhah; Sri Hafsari Fakriyah; Khansa Naila Nurhusna

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Dual citizenship presents a multifaceted issue for many nations,including Indonesia,especially in the context of increasing globalization and international mobility.Under Indonesia’s Citizenship Law No.12 of 2006,only single citizenship is recognizet,which poses various legal and administrative challenges for individuals holding dual citizenship.This study investigates the constitutional and human rights issues surrounding dual citizenship in Indonesia,examining the difficulties arising from the country’s single citizenship policy ang exploring potential solutions.The focus is on legal reforms,the implementation of international treaties,and enhanced international cooperation as means to address these challenges.Findings suggest that revising the Citizenship Law,integrating relevant international treaties,and improving public education on dual citizenship could significantly improve rights protection.The study advocates for Indonesia to consider legal reforms and strengthen international collaboration to better manage and fairly address the complexities of dual citizenship.

Nurmin K. Martam

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Digital transformation has brought significant changes in various aspects of life, including in the realm of law, especially civil contracts. Electronic signature is one of the important innovations that offer efficiency, flexibility, and convenience in contract transactions in the digital era. This research aims to examine the effectiveness of the use of electronic signatures in civil contracts, especially in terms of legal validity, security, and acceptance by the public and business actors. The results show that electronic signatures in Indonesia have been legally recognized based on Law Number 19 of 2016 amending Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law). However, while e-signatures have great potential to speed up the contracting process, several challenges remain, such as security concerns and resistance among small and medium-sized enterprises (SMEs). Security issues are a major concern, given the risk of cybercrime such as hacking and digital identity forgery. In addition, low digital literacy in the society hinders the widespread adoption of e-signatures.

Ibrahim Kristofol Kendi

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research explores changes in personnel regulations that reflect the government's efforts to consistently boost the human resource capacity of state apparatus. Law No. 8/1974 emphasizes ideological loyalty and administrative requirements without a competency-based system. Law No. 43 of 1999 introduced the principle of merit and competency-based selection, although it is still constrained by supervision and technology. Significant reforms occurred in the State Civil Service Law with the implementation of comprehensive meritocratic principles using technology such as Computers Assisted Test (CAT), and supervision by independent institutions such as KASN and BKN. The results of the study indicate an increase in effectiveness in transparency, accountability, and professionalism of civil servants along with the development of regulations, although implementation challenges in the regions remain obstacles. This study recommends strengthening technological infrastructure, supervision, and ASN training to support sustainable bureaucratic reform.

Ahmad Muhamad Musain Nasoha; Ashfiya Nur Atqiya; Omar Mochtar; Salma Keisa Azzahro Zain; Wahyu Sri Ningsih

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the role of Pancasila in the process of harmonizing international law and national law in Indonesia, with a focus on extradition agreements. As the state ideology and philosophical foundation of Indonesia, Pancasila provides principles that underpin the formation and implementation of national law. This study explores how Pancasila’s values, such as social justice and humanity, influence the policies and implementation of extradition agreements, as well as the challenges faced in aligning national law with international obligations. Using a qualitative approach and case studies, this research demonstrates that Pancasila functions as a moral and ethical guide that reinforces the integrity of Indonesian law in the global context. The findings are expected to provide insights into how the fundamental values of the state can strengthen the harmonization between national and international law and influence foreign policy and law enforcement in Indonesia.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Resya Pradita Ummu Syuhada; Restiana Urba Natasyah; Silva Amelia Darrohmah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

The life of the Indonesian nation and state is guided by Pancasila as an ethical system. Pancasila as the basis of the state functions as a value system that directs people's behavior towards a just, harmonious and dignified life. In the ethical context of national life, Pancasila teaches important values such as tolerance, justice, humanity and unity. These values help build national unity amidst cultural, religious and ethnic diversity. In the current era of globalization, the urgency of Pancasila as an ethical system is increasingly important because the nation's noble values can be damaged by modern issues such as individualism, materialism and social conflict. Indonesian society can use Pancasila as an ethical guideline to develop ways of thinking and acting that are in accordance with the spirit of mutual cooperation, respect for human rights, and a balance between rights and obligations. Pancasila helps society unite and helps people make decisions, both institutionally and personally. Therefore, internalizing Pancasila values as an ethical system is a strategic effort to maintain the nation's immortality in facing the evolution of the times and realizing national ideals for a just, prosperous and prosperous life.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alifia Syifaurrohmah; Amanah Cantik Lintang Cahyani; Surya Gilang Ramadhan

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship plays a crucial role in the legal system and judicial process of any country, including Indonesia. This abstract examines the impact of citizenship status on legal processes in Indonesia, detailing how citizenship affects various aspects of law enforcement, particularly in the context of criminal offenses. In Indonesia, the legal system categorizes individuals as Indonesian citizens (WNI) or foreigners, with each category receiving different legal treatment in criminal cases. In criminal law contexts, the difference in citizenship status can influence several factors, including jurisdiction, legal treatment, and specific rights afforded to both offenders and victims. For Indonesian citizens, legal proceedings are generally conducted under national law, referring to the Indonesian Criminal Code (KUHP) and other relevant statutes. Conversely, foreign nationals involved in criminal acts in Indonesia are subject to special regulations that govern how these cases are handled, including international cooperation and extradition. This study reviews pertinent regulations and judicial practices in Indonesia and explores how citizenship status affects the legal rights of offenders and victims, as well as the procedural aspects of the legal system. The research method used is a qualitative approach, involving case studies and normative analysis. Case studies will include analysis of various criminal cases involving individuals with different citizenship statuses, both Indonesian citizens and non-citizens. Data will be collected through literature reviews, interviews with legal practitioners, and analysis of legal documents and court decisions. The research also addresses the challenges faced in implementing laws related to citizenship status, including issues of human rights, legal protection, and justice. The findings suggest that while Indonesian law provides different treatments based on citizenship, there is an urgent need for harmonization and reform to ensure that legal processes are fair and transparent for all individuals, regardless of their citizenship status. This insight offers guidance on how the Indonesian legal system can be improved to ensure consistent legal protection and justice for all individuals involved in criminal cases.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dealova Rizki Meilana; Septiana Qholi Syainiah; Iftitah Naura Az Zahra +1 more

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This journal discusses the role of Pancasila in maintaining the balance between individual freedom and public order in Indonesian constitutional law. Pancasila, as the state foundation and ideology of the nation, occupies a central position in the formation of the legal system in Indonesia and serves as the source of all sources of law. In the context of constitutional law, Pancasila regulates how individual freedom is recognized as a constitutional right that is not absolute, but must be balanced with social responsibility and certain restrictions in order to maintain public interest and public order. This discussion highlights the challenges faced in maintaining this balance. This journal also provides suggestions for strengthening the normative foundation consistent with Pancasila, applying the principle of proportionality, strengthening the check and balance mechanism, and increasing public participation and legal education. Through the Historical Approach method, it is expected to examine the development of the rule of law and the principles of Pancasila from the past to the present.

Ashfiya Nur Atqiya; Ahmad Muhamad Musta'in Nasoha; Aulia Nafiul Khoiriyah; Affan Tafta Naufalianto; Furqon Abdul Hakim

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to conduct a comparative analysis between national law and Islamic law, focusing on the principles, implementation, as well as the differences and similarities between the two in social, political, and cultural contexts. National law in Indonesia is a combination of customary law, colonial law, and modern law derived from Western legal systems, while Islamic law originates from Sharia, based on the Qur'an and Hadith. In certain areas, such as family law, civil law, and criminal law, these two legal systems exhibit distinct approaches, both philosophically and technically. The study finds that while national law emphasizes secularism and state sovereignty, Islamic law places greater emphasis on moral and divine justice. However, in the Indonesian context, both legal systems sometimes operate in parallel or undergo processes of adaptation and accommodation. This research contributes to a deeper understanding of the dynamics of the interaction between national law and Islamic law, as well as how both influence the judiciary and society in general.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Azzahra Azzahra; Vina Aulia Nur Pratama; Ervina Eka Saputri

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study investigates the impact of dual citizenship on political participation and national identity in Indonesia. Despite dual citizenship not being officially recognized under Law No. 12 of 2006 on the Citizenship of the Republic of Indonesia, many Indonesians living abroad encounter this status. This research employs a mixed-methods approach, combining qualitative and quantitative methods, to explore the challenges faced by dual citizens in political engagement and how this status affects their political identity. Findings indicate that individuals with dual citizenship often face legal uncertainties, difficulties in political participation, and conflicts regarding political loyalty. Comparative analysis with countries that recognize dual citizenship, such as the United States and several European Union nations, reveals that acknowledging dual citizenship can facilitate better political participation and reduce identity conflicts. Based on these findings, it is recommended that Indonesia consider reforming its citizenship policies, enhance education on political rights, and strengthen international dialogue to address the challenges associated with dual citizenship.

Maria Oktaviani Kartika Tua; Aksi Sinurat; Adrianus Djara Dima

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Internet users in the use of information have given rise to two opposite sides, where on the one hand it is easier in terms of access and utilization of information, while on the other hand it causes various kinds of illegal acts, one of which is copyright infringement in the form of film piracy which is currently inserted through illegal streaming sites resulting in losses for the creators of cinematographic works. This of course violates the ITE Law and the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics concerning the Implementation of Content Closure and/or User Access Rights, Copyright Infringement and/or Related Rights in Electronic Systems. This research is a normative juridical research using a legislative and conceptual approach, using legal materials from literature and the internet as a source of legal materials. The results of the study show: (1) The form of legal protection for the creators of cinematographic works in film piracy on illegal streaming sites is reviewed from the ITE Law in a preventive manner regulated in Articles 23-25, Article 25, Article 32 paragraphs (1) and (2) of the ITE Law and has been repressively regulated in Article 48 paragraphs (1) and (2) of the ITE Law and the Joint Regulation of the Minister of Law and Human Rights & the Minister of Communication and Information related to Content Closure. (2) The effectiveness of the legal protection provided by the government to the creators of cinematographic works in the piracy of films on illegal streaming sites provided by the government through the ITE Law and the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics related to site blocking cannot be said to be effective until now because the legal factor itself has not sufficiently accommodated the protection of creators clearly in the event of film piracy on illegal streaming sites.

Grasela Mariana Ballo; Rafael Rape Tupen; Cyrilius Wilton Taran Lamataro

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

Rural and Urban Land and Building Tax is one of the main sources of State revenue for development financing. In the implementation of PBB-P2 collection, there are still many people who are not aware of the rights and obligations in paying taxes, this is due to the fact that there is still very low public awareness and knowledge in paying taxes. Public awareness as taxpayers in paying taxes will increase if there is an understanding of taxes in society. This research is an empirical legal research where data is obtained directly from the research location. Two types and sources of data are used, namely: primary data and secondary data. The data collection technique uses interview guidelines and literature/journal studies. The results of this study show that: (1). Taxpayer income in Fatululi Village is still very low in taxpayer awareness, economic conditions and the influence of Covid-19. (2). The government's countermeasures are still lacking in socialization or counseling to the taxpayer community. Suggestions need to be further increased socialization or counseling to the public about understanding paying PBB and need to be emphasized the existing tax sanctions.

Ashfiya Nur Atqiya; Ahmad Muhamad Musain Nasoha; Iqbal Ubaidillah; Nabil Dwi Nurjannah; Tiara Amalia +1 more

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to explore the relevance of Pancasila in the formation of Islamic law in Indonesia through the perspective of legal syncretism. Using qualitative research methods and a normative approach, this study analyzes the interaction between the values of Pancasila and the principles of Islamic law in an effort to create a harmonious and inclusive legal system. In the Indonesian context, Pancasila as the state ideology plays an important role as a normative framework that can integrate Islamic law with national principles, such as justice, unity, humanity and divinity.Through a literature study and in-depth interviews with jurists and theologians, this research found that there is harmony between the values of Pancasila and the basic principles of Islamic law, which allows for legal syncretism. In addition, this research shows that the application of legal syncretism can be a solution in overcoming challenges arising from differences in the interpretation and application of Islamic law within the framework of the Pancasila state. The research also concludes that strengthening legal syncretism through a normative approach can support the development of a legal system that is more adaptive and responsive to the dynamics of Indonesia's multicultural and multireligious society.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Auria Trisi Novi Ana; Ari Maulana Ramadhan; Luthfiah Luthfiah

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Citizenship and education policies in Indonesia play a crucial role in determining children's rights and access to quality education. However, challenges arise when addressing children with unclear citizenship status, such as those born to parents without permanent citizenship or those caught in ambiguous legal situations. This abstract examines how the uncertainty of citizenship status affects the access to and quality of education for these children in Indonesia. The study highlights major issues faced, including limited access to formal schooling, lack of adequate official documentation, and legal instability that restricts educational rights. Additionally, it explores existing government policies and the challenges in implementing them concerning the protection of educational rights for children with unclear citizenship status. The findings reveal the need for more inclusive policy reforms and effective strategies to ensure that all children, regardless of citizenship status, can enjoy their right to quality education. The study suggests a more holistic, human rights-based approach to addressing these issues and advocates for enhanced collaboration between government agencies, civil society, and international organizations to develop sustainable solutions.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Falakhul Khoir Romadhoni; Nabila Aulya Brilianfineza; Chafia Tawakalluna Anidhita

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the social perceptions of dual citizenship in Indonesia from the perspectives of both Indonesian citizens and non-citizens, and compares these views with practices in other countries. Employing a descriptive qualitative approach, the research utilizes in-depth interviews, focus group discussions (FGDs), and surveys to gather data from diverse stakeholders. The findings reveal that in Indonesia, dual citizenship is often perceived as a threat to national identity and unity, primarily due to concerns about divided loyalties. Conversely, non-citizens view dual citizenship as advantageous for accessing various services and opportunities. Comparative analysis with countries such as Germany and Canada shows that dual citizenship policies can be accepted and even considered beneficial for social integration and international relations. Based on these findings, policy recommendations include reforming citizenship laws, adjusting legal and regulatory frameworks, enhancing public awareness, providing support for individuals with dual citizenship, and conducting further research to explore the long-term impacts of dual citizenship.