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Nayla Zafira Indra; Hasbi Ash-Shadiqin; Intan Cahya Iskandar; Eza Fira Dahrani; Satrio Syahbana +1 more

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

The Hajj and Umrah are spiritual rituals that have a special place in Islam, with essential differences in terms of the time of implementation. Hajj, as one of the pillars of Islam, is obligatory for every Muslim who is physically and financially able to perform it at least once in a lifetime. Umrah, although sunnah, also has great virtue in getting closer to Allah SWT. This study aims to analyze both forms of worship from the perspective of history, fiqh (Islamic law), and their social and spiritual influences on Muslim individuals and communities, providing a comprehensive understanding of the procedures, laws, and wisdom of implementing the Hajj and Umrah, as well as to examine the impact of implementing the Hajj and Umrah in everyday life, both from the perspective of individual spirituality and from the social side of Muslims. The method used in this study is qualitative research with a descriptive analysis approach. Data obtained from reference books, academic journals, and articles. The analysis was carried out with a descriptive and araitis approach explaining the theological perspective of Islamic law and the social and spiritual impacts of worship. The results of this study indicate that Hajj and Umrah have a significant impact on building deep spiritual awareness among Muslims. Ritually, the procedures for carrying out these two worships illustrate the values of monotheism, equality, and sacrifice. From an Islamic legal perspective, the difference between the obligation of Hajj and the sunnah of Umrah provides flexibility for Muslims to get closer to Allah SWT whenever they are able. From a social perspective, the implementation of this worship is a means of strengthening the unity of Muslims from all over the world.

Yashinta Irenne Marianna; Ade Maman Suherman; Tri Setiady

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

The role of State Attorneys (Jaksa Pengacara Negara, JPN) is vital in recovering state assets lost due to corruption, aligning with the principles of Indonesia’s legal state (Rechtsstaat). This study examines JPN's authority under Law No. 31 of 1999, emphasizing its dual role in civil and administrative litigation. Using a normative juridical approach, the research analyzes legal frameworks and conceptual perspectives on JPN’s functions. The findings indicate JPN’s strategic position in representing the state, not only in civil lawsuits but also in non-litigation processes for recovering state financial losses. Challenges such as limited human resources, inter-agency coordination, and protracted case resolutions hinder optimal performance. The research suggests reinforcing the institutional capacity of JPN through targeted training and promoting synergy with related agencies, such as the KPK and police. Enhancing legal competence and procedural efficiency are critical to meeting public expectations for justice and transparency in handling corruption cases.

Muhammad Arief Tungkagi; Nur Mohamad Kasim; Weny Almoravid Dungga

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

This research aims to analyze the role of legislation in addressing cases of unregistered marriages conducted by Civil Servants (PNS). Utilizing a normative legal research method with a statute approach, this study employs library research, expert opinions, and an examination of Government Regulation No. 10 of 1983 in conjunction with Government Regulation No. 45 of 1990 concerning Marriage and Divorce Licenses for Civil Servants. These regulations have a hierarchy that refers to Law No. 16 of 2019 concerning amendments to Law No. 1 of 1974 on marriage. The perspective of this research is to evaluate the extent to which government regulations can control the functions and positions of civil servants as state apparatus faced with freedom of perspective, both from administrative, legal norms, and religious values.

Maghfirah Alisa Zahra; Insan Tajali Nur; Nur Aripkah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This study aims to identify, describe, analyze, know and understand the impact and fulfillment of the rights of prisoners against overcapacity in Class II A Samarinda Penitentiary based on the Penology perspective. By using a social legal research approach and a normative legal approach. The data source collection technique uses primary legal data, secondary legal data and tertiary legal data related to the problems studied. The results of the study indicate that first, the impact of overcapacity of Class II A Samarinda Penitentiary on the rights of prisoners reviewed from the Penology concept is the increasing risk of violations containing criminal elements, causing new suffering, sanitation and unhealthy lifestyles. Second, the ideal effort to fulfill the rights of prisoners against overcapacity in Class II A Samarinda Penitentiary is to take preventive measures, namely by approaching inmates in the dormitory and repressive measures, namely imposing disciplinary penalties according to the type of violation committed.

Keysha Alea Azzahra; Sarah Zahira; Reita Ananta; Muhammad Arief Nurrachman; Dwiki Darmawan +1 more

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

The Bali Bombings I on October 12, 2002, and Bali Bombings II on October 1, 2005, were major terrorist attacks that shook Indonesia and the international community. This study aims to analyze the chronology of these events, the national and international legal perspectives on handling terrorism cases, and the efforts of the Indonesian government in law enforcement. Through a national and international legal approach, this research identifies the challenges faced in enforcing the law against terrorism suspects, especially concerning the application of human rights principles. The findings indicate that while significant law enforcement efforts have been made, legal application still needs to be aligned with international legal developments and respect for human rights.  

Aditia Widya Tama

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

This study analyzes the legal application in determining cases of sexual harassment in Bekasi under the Indonesian Penal Code (KUHP), given the high prevalence of such cases in the region. Using descriptive-analytical methods and statutory and conceptual approaches, the research identifies how criminal law is applied in addressing sexual harassment, challenges in investigation processes, and Islamic law perspectives on this phenomenon. The data includes primary, secondary, and tertiary legal materials obtained through literature studies. The findings reveal that while the KUHP provides sufficient provisions for handling sexual harassment cases, its implementation faces significant challenges, including limited legal awareness, social stigma, and lack of evidence. The study highlights the need for a more comprehensive approach to addressing these cases, including regulatory reforms supporting justice for victims and stricter sanctions for perpetrators. In conclusion, strengthening criminal law and raising legal awareness are essential to improving the effectiveness of law enforcement in sexual harassment cases in Indonesia.

Bintang Okta Ramadhani; Intan Rosari Andini; Nazwa Felinda; Ricy Hilmayandani; Sephia Wulandari +1 more

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Adultery, which in Islam is defined as sexual intercourse outside of a legal marriage, is one of the major sins. Islamic law strictly prohibits and imposes severe sanctions on perpetrators of adultery, both men and women. In the Qur'an, adultery is referred to as an act that damages morals and social order. Sanctions for perpetrators of adultery in Islamic law are included in the category of hudud punishments, which have fixed provisions from Allah and are strictly regulated in the Shari'a. The purpose of this study is to analyze how Islamic law imposes sanctions on adultery and the role of these punishments in maintaining the morality of society, to examine how the Criminal Code in Indonesia regulates adultery, and to consider the differences in sanctions applied in positive law, to compare the perspectives of Islamic law and the Criminal Code in dealing with cases of adultery, both in terms of legal substance and enforcement in Indonesia, to identify the relevance of each legal system in dealing with adultery in the modern era, considering the differences in culture and views of society. In Islamic law, adultery has very severe sanctions. If the perpetrator of adultery is a married person, the punishment is stoning or stoning to death, while for those who are not married, the punishment is 100 lashes. This research method uses a qualitative approach with a normative juridical method to analyze the comparison between Islamic law and the Criminal Code in regulating adultery. The results of this study indicate that Islamic law emphasizes the importance of testimony and strong evidence in the process of enforcing the punishment for adultery, namely that there must be four witnesses who directly witnessed the act. Meanwhile, in the Criminal Code, adultery is not given the same severe sanctions as in Islamic law. The Criminal Code only provides imprisonment for adultery perpetrators who are proven guilty, especially if the act involves married parties. Article 284 of the Criminal Code regulates a maximum prison sentence of nine months for those who commit adultery. Unlike Islamic law, the Criminal Code focuses more on maintaining public order and family honor than on individual morality according to religion.

Adam Maulana; Khalid Abdurrahman; Gusmanelli Gusmanelli

Jurnal Motivasi Pendidikan dan Bahasa 2024 International Forum of Researchers and Lecturers

In practice, the Cooperative Education Unit (SPK) does not provide the same space for every Indonesian citizen to get a quality education. SPK has becomea practice of educational capitalism that further widens the gap between one person and another  and  eliminates  the  principle  of  justice  where everyone has the right to equal opportunities for education. The  method  used  in  this  study  is  normative  legal  research that uses three approaches, namely the legislative approach, the case approach, andthe conceptual approach. With the analysis using the perspective of critical law and the theory of  Justice  John  Rawls.  The  result  of  this  study  is  a  policy recommendation  so  that  the  Cooperative  Education  Unit (SPK) school policy as a product of government policy in the education area contained in Permendikbud No. 31 of 2024 should be reviewed, corrected and returned to be a policy in accordance with national education goals. In order to be in line with the constitutional mandate to educate the life of the nation and to provide space or access to every citizen to get his or her constitutional right to education.  

Fawaid Fawaid; Fajar Ainol Yakin

RISOMA : Jurnal Riset Sosial Humaniora dan Pendidikan 2024 Asosiasi Ilmuwan Pendidikan, Sosial, dan Humaniora Indonesia

A sakinah family is understood as a harmonious family, where the values of Islamic teachings are upheld, and family members respect and love each other. In a sakinah family, each individual carries out their obligations well and helps each other. They also have a deep understanding of each other, so that conflicts that arise can be resolved in a good and wise way. This research discusses two main issues: the concept of a sakinah family in the perspective of Islamic Family Law and its implementation through the guidance of counselors in Jember Regency. The approach used is qualitative method, with data collection through observation, interview, and documentation. Data sources include primary and secondary data. The results showed that the concept of a sakinah family in Islamic Family Law is a family built on the basis of a legal marriage, hoping for the pleasure of Allah SWT, and prioritizing peace, tranquility, and happiness to achieve prosperity in the world and the hereafter. The sakinah family is the ideal condition expected by every individual in family life. Its implementation through counseling includes efforts to provide understanding to the community about the importance of building a sakinah family based on Islamic values. This counseling also targets prospective brides, including in the context of early marriage, so that they understand the meaning of marriage in accordance with the principles of sakinah, mawaddah, and rahmah.

Tito Malindo

Karya Nyata : Jurnal Pengabdian kepada Masyarakat 2024 Lembaga Pengembangan Kinerja Dosen

This article discusses the socialization of provisions on bad credit from the perspective of creditor risk on collateral that does not belong to the debtor in Mojokerto City. This research was conducted through strategic steps including identifying community needs, developing informative socialization materials, and implementing educational activities. The results of the survey and interviews showed low public understanding of creditor risk and the importance of valid collateral. The socialization program designed with simple language and educational materials such as brochures and short videos succeeded in increasing public awareness. Evaluation through focus group discussions (FGD) revealed the need to increase interaction and consistency in socialization. In addition, supporting studies showed the importance of supervision, coaching, and prevention efforts to overcome bad credit. With suggestions to increase the frequency of socialization programs, utilize social media, and involve banking practitioners and legal experts, it is hoped that it can increase public understanding and reduce the number of bad credit, as well as support financial stability in Mojokerto City.

Nabila Azrilia Syahra; Fitriana Yasintha; Rawdia Tuzahara; Nur Azmi; Wismanto Wismanto

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This article discusses the concept of buying and selling from the perspective of muamalah fiqh and its implications for sharia economics. Buying and selling, as one of the most common economic transactions, has a strong legal basis in muamalah fiqh which regulates the principles of justice, transparency and certainty in trade. This research identifies various forms of transactions that are permitted and prohibited in sharia, as well as legal conditions for buying and selling. Through a normative analysis approach and case studies, this article also explores the impact of applying the principles of muamalah fiqh on sharia economic growth, including how sharia-compliant transactions can increase public confidence in business, encourage the growth of small businesses, and create more equitable prosperity.

Irwan Triadi; Aldy Mirozul

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2024 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This research aims to analyze the protection of human rights at a minimum in the implementation of emergency constitution The research used is a critical analysis with a qualitative approach that involves the analysis of legal documents and related literature. This research reveals the formation of emergency constitutional regulations that still pay attention to human rights, which must be carried out at a minimum. The type of research used in researching the problems in this study is normative juridical. This research is a normative juridical research because the researcher will analyze the laws and regulations related to the implementation of the emergency constitution from the perspective of human rights. Library materials and secondary data can be called normative legal research or library research by collecting legal materials both primary, secondary and/or tertiary. The government has a strategic role in determining the emergency conditions of a country. Traffic conditions caused by military, civilian attacks and disease outbreaks that cause the state to be unable to implement constitutional law normally, if not immediately will threaten the safety of the community and the country.  Therefore, it is necessary to have written regulations or laws that provide a framework of procedures, formalities and frameworks to manage emergencies. The results of the research are expected to provide a comprehensive overview of the central government's implementation guidelines in carrying out emergency state administration.

Saptaning Ruju Paminto; Ibrahim Khalil Ahmad; Zenal Syaepul Rohman; Neng Diana; Laela Sari +1 more

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The rapid development of technology and social media has led to an increase in online gambling activities, with promotional advertisements on social media and streamer donation platforms serving as one of the main contributing factors. This study aims to analyze the impact of these advertisements on the rise of online gambling activities, with a legal perspective based on Article 27 Paragraph 2 of Law Number 11 of 2008 concerning Information and Electronic Transactions. This research employs a descriptive-analytical approach through regulatory analysis and case studies. The results indicate that the presence of online gambling advertisements on digital platforms violates existing legal provisions and has potential social impacts.    

Ade Onny Siagian; Ramlani Lina Sinaulan; Joko Sriwidodo

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

In a company, it will always be connected to third parties and want to protect the company that is run honestly ("te goeder trouw"), so the legality of a company is important in business activities. The legality of a company or business entity is the most important element, because legality is the identity that legalizes or validates a business entity so that it is recognized by the public. The legality of the company must be valid according to laws and regulations, where the company is protected or covered by various documents until it is legal in the eyes of the law. Forms of Company Legality There are several types of identities that legalize a business entity, including: company name, company brand, and trade business license. While the benefits of company legality are as a means of legal protection, a means of promotion, proof of compliance with the law, making it easier to get a project and facilitating business development. The large number of companies that are established without legalizing the company is very detrimental to other companies that run their business activities honestly.

Burhanuddin Burhanuddin; Wahyuniar Wahyuniar; Maskawati Maskawati

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

This paper examines the effectiveness of law enforcement in society from the perspective of legal sociology. The goal is to explain the extent to which law enforcement can be effective in society. To obtain data from the problem, the author uses the library research method to collect information relevant to the topic or problem to be studied. The type of data used in this study is secondary data obtained from library materials or literature that have a relationship with the object being studied. The results of the study show that the effectiveness of law enforcement has not been maximized. This is marked by the fact that it is not easy for the law to be enforced in cases involving elites or officials. The law should apply to all circles, not recognizing social stratification in its enforcement, but the reality that occurs is inversely proportional to the principle of law, the law is used as a tool for those who have interests. Therefore, the sociology of law is present to examine the impact of the enactment of a law in society, so that social phenomena can arise and develop in society. The sociology of law and the effectiveness of law are very closely related, because what will be discussed in the sociology of law will not be separated from the assessment of how far the effectiveness of law exists in society as part of social phenomena.

Laras Annisa Ulfitri Nedi; Nita Astuti; Santi Susanti

International Journal of Economics and Accounting 2024 International Forum of Researchers and Lecturers

One critical component in the rapidly expanding halal tourism industry is the existence of hotels catering to the needs of Muslim travelers, known as Sharia-compliant hotels. Operating within the framework of Islamic law, these hotels bear the responsibility of managing funds in accordance with Sharia principles. The management of non-halal funds within such establishments presents a complex challenge that necessitates careful consideration to ensure compliance with Islamic values while addressing financial and social aspects. This study aims to provide insights into strategies for managing non-halal funds in Sharia-compliant hotels within the framework of Corporate Social Responsibility (CSR) and from the perspective of Islamic economic law. Using a qualitative research approach with descriptive analysis through a literature review, the findings indicate that the legal status of non-halal funds may be permissible if allocated for general public welfare. Recommended management strategies include adherence to the PSAK 101 accounting standard and the application of Tafriq Shafqah principles through CSR initiatives. Non-halal funds are optimally distributed for social welfare (maslahah wa tashrif al-‘ammah) such as empowering local communities through education and training, supporting zakat and charity programs, promoting sustainable environmental management, ensuring fair employment opportunities, fostering local economic development, and enhancing public education and awareness. These efforts not only enhance the positive reputation of Sharia-compliant hotels but also contribute significantly to the economic, environmental, and social well-being of the broader community.

Tasya Halimah Nia Purwanti; Amellia Intan Syavitri; Faisal Hasyim; Prabowo Abimanyu

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The transfer of land ownership certificates is an important legal process in Indonesia's land system, regulated by various laws and regulations, such as the Basic Agrarian Law and its implementing regulations. The procedure for transferring ownership certificates begins with a legitimate sale and purchase transaction, followed by registration with the National Land Agency (BPN). However, in practice, obstacles often arise, one of which is when the seller's whereabouts are unknown, which can hinder the process of transferring land rights. In this situation, the buyer can take various legal actions, including filing a civil lawsuit in the District Court to obtain a court ruling confirming the legal transfer of rights, or submitting a request for a decree to the Administrative Court (PTUN) if BPN rejects the application for the transfer of land rights. The perspective of the PTUN legal procedure explains that the buyer can challenge the BPN decision if it is deemed contrary to the law or the principles of good governance (AUPB), with sufficient evidence to support their claim. In this case, PTUN plays a role in providing justice and legal certainty for the aggrieved party. Therefore, even when the seller’s whereabouts are unknown, through the appropriate procedures and legitimate legal actions, the buyer can still acquire ownership rights over the land purchased.

Dwi Mika Elencia Sirait; Ojak Nainggolan

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Implementation of Law no. 35 of 2009 concerning Narcotics in Medan City is an important issue in the context of legal protection for children involved as narcotics dealers. This research aims to analyze how the narcotics law is applied in cases involving children, as well as things that are considered in the law enforcement process and how criminal proceedings are carried out in the juvenile criminal justice system. This research provides an in-depth understanding of the application of special regulations, namely Law no. 35 of 2009 concerning Narcotics, while still considering Law no. 11 of 2012 which regulates the Juvenile Criminal Justice System. This approach aims to ensure legal protection for children involved in narcotics crimes, so that the law can be applied fairly and protect children's rights. This research utilizes empirical juridical legal methods, where the main data is obtained through direct interviews with judges serving at the Special Class IA Medan District Court, thus enabling researchers to obtain relevant and in-depth perspectives regarding the application of this law in real practice in the judicial environment.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Hanifah Muslimah; Rana Inas Zahira; Dina Setiana Pratiwi

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines citizenship as a constitutional right in Indonesia, focusing on the foundational principles of citizenship, the roles of state institutions, challenges in the enforcement of rights, and relevant case studies. The research employs a doctrinal legal methodology with a normative approach, incorporating legislative, case law, conceptual, historical, and comparative perspectives. Data is collected from primary, secondary, and tertiary legal sources through a literature review. The analysis reveals that the foundational principles of citizenship are enshrined in the 1945 Constitution of Indonesia (UUD 1945), which includes the right to participate in government, the right to decent work, and other social rights. State institutions such as the President, the People's Consultative Assembly (DPR), and the judiciary play crucial roles in the enforcement of constitutional rights. However, several challenges persist, including human rights violations, injustices within the legal system, and barriers to political participation. Case studies related to administrative issues in the 2024 elections, human rights violations in Papua, and the controversy surrounding the Omnibus Law on Job Creation illustrate practical issues in the implementation of constitutional rights.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Irfan Ammar Najib; Khanafi Rizki Pratama; Yuliana Fajar Nur Hidayati

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses the concept of dual citizenship in the perspective of Indonesian positive law and Islamic law. Dual citizenship refers to the legal status in which a person is recognized as a citizen by more than one country, a phenomenon that is increasingly relevant in the era of globalization. In Indonesian positive law, dual citizenship is generally not recognized, except in special cases such as children from mixed marriages. However, increasing global mobility and individual rights have prompted discussion on the need for wider recognition of dual citizenship. Meanwhile, Islamic law provides a more flexible approach by considering the maqasid al-shariah principle which emphasizes the protection of basic human rights. Through a normative juridical and sociological approach, this research explores how the two legal systems deal with dual citizenship and what the implications are for individuals as well as the state. A comparative study of dual citizenship Dual Citizenship, Positive Law, Islamic Law, Maqasid al-Shariah, Citizenship Regulation practices in several other countries, such as the United States, Canada, Egypt and Pakistan, was also conducted to gain greater insight and understand the best practices that can be adapted in Indonesia. The results show that despite resistance to dual citizenship, its implementation can provide significant benefits, both in terms of protecting individual rights and strengthening international relations. Therefore, it is recommended that Indonesia consider a more comprehensive and inclusive policy regarding dual citizenship, which is in line with positive legal values and Islamic legal principles. This research can hopefully serve as a reference for policy makers and academics in developing regulations that are adaptive to global dynamics.