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Muhammad Ali Hadidie Parinduri

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

Settlement of banking disputes through BPSK in the protection of banking customers is a legal defect because it is the authority of the Alternative Dispute Resolution Institution for the Financial Services Sector, BPSK is more appropriate for consumer disputes within the scope of industry and trade. The formulation of the problem in this thesis is how is the legal regulation of consumer protection for banking institutions, how is the settlement of banking disputes through alternative institutions in customer protection, and how are the judges' legal considerations in the Supreme Court Decision of the Republic of Indonesia Number 253 K/Pdt.Sus-BPSK/2017. The research method used is descriptive analysis that leads to normative juridical legal research, namely research conducted by referring to legal norms, namely researching library materials or secondary materials. Secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. The results of the study indicate that legal regulation of consumer protection for banking institutions is regulated in Law Number 21 of 2011 and Financial Services Authority Regulation (POJK) Number 1/POJK.07/2013 in conjunction with Number 1/POJK.07/2014. Settlement of banking disputes through alternative institutions in customer protection is settlement by Arbitration between bank customers and the banking sector is the authority of the Alternative Dispute Settlement Institution for the Financial Services Sector. The judge's legal considerations after carefully examining the memorandum of cassation dated December 7, 2016 and the counter memorandum of cassation dated December 28, 2016 are related to Judex Facti's considerations, in this case The Kisaran District Court is not wrong in applying the law because the a quo case is a breach of contract that originates from a credit agreement.

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; Ki Awang Pijar Pembayun; Khoridatul Bahiyah; Muhana Ayu Devita

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research explores the role of the Constitutional Court (MK) in protecting citizenship rights in Indonesia. As a constitutional judicial body, the MK holds a crucial responsibility to review laws against the 1945 Constitution (UUD 1945), ensuring that fundamental rights of citizens, such as freedom of expression, the right to education, and the right to privacy, are not violated by existing legal policies. Through the mechanism of judicial review, the MK acts as a primary guardian capable of annulling laws that are in conflict with the constitution. This study examines various significant cases where the MK has played a critical role in safeguarding citizenship rights. We also identify various challenges faced by the MK, including issues in implementing rulings and potential political pressures that may affect the independence of this institution. From a global perspective, this research compares the role of the MK with constitutional bodies in other countries to provide a broader understanding of how the MK functions in an international context. The research employs doctrinal legal research, which is a process of discovering rules, principles, and doctrines to address the issues at hand. The research is prescriptive in nature. The methodology used is normative/doctrinal/library research. The findings indicate that although the MK has successfully protected citizens' rights through significant rulings, there remains an urgent need to improve the implementation of decisions and to safeguard the institution’s independence. Recommendations for enhancing the MK’s role include expanding legal education to the public, strengthening public access to judicial review mechanisms, and fostering closer collaboration with legal academics and practitioners. With these measures, the MK is expected to continue functioning effectively as a guardian of constitutional rights in Indonesia.

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.

Ismidar Ismidar; Tamauina Br. Sembiring; Sri Utami

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

Law is a guideline and rules related to the concept of living in society and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that law is always faced with the question of whether law can realize justice. Related to the concept of law, legal politics is interpreted as an activity that determines the pattern and method of forming law, supervising the operation of law, and updating law for the purpose of the State. Therefore, law is a determinant of politics, and is also related to democracy in the sense that political activities are regulated and must be subject to legal rules. Law is viewed from the perspective of das sollen (necessity), viewing that law must be guided by relations between members of society. While those who view it from the perspective of das sein (reality), empiricists see that law is greatly influenced by politics not only in the process of making it, but also in its empirical realities. So that law is influenced by politics and even now legal autonomy in Indonesia is often intervened by politics, not only in terms of its making, but also in its application, both in terms of law enforcement. This study aims to determine the impact of the development of legal politics in the law enforcement system in Indonesia and the existence of legal politics in the law enforcement system in Indonesia. The method used in the study is normative juridical.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Fitri Wahyu Anggraini; Della Rahmayani; Robith Thoriq Al-kautsar

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

This study explores the intersection of citizenship and land tenure, examining how legal frameworks influence access to land and impact social identities within agrarian contexts. Employing doctrinal legal research, this research synthesizes literature and analyzes primary legal sources to uncover the principles governing land rights as they relate to citizenship status. The study utilizes a combination of statutory, case, conceptual, historical, and comparative approaches to provide a comprehensive view of land tenure systems across different regions and cultures. Findings indicate that citizenship status significantly affects land ownership and tenure security, often marginalizing certain groups such as women, indigenous communities, and non-citizens. The results underscore the need for legal reforms that recognize equitable land rights and address social disparities within land governance frameworks. This research contributes to the ongoing discourse on agrarian law, advocating for policies that prioritize social justice and inclusivity, thereby enhancing sustainable development and resource management.Keywords: agrarian law, land ownership rights, citizenship dynamics, Indonesian citizens, legal framework.  

Aldy Mirozul; Aprilian Nurahsan; M. Reza Saputra; Irwan Triadi

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

The problem of disciplinary violations committed by soldiers is a sensitive issue considering the vital role of the military in maintaining the security and sovereignty of the country, therefore the role of Ankum as a direct superior who provides disciplinary law is very important for soldiers. Normative legal research or library legal research, with a statutory regulatory approach. The nature of this research is normative juridical because the researcher will analyze the role of Ankum in imposing disciplinary sanctions that adhere to the principles of justice and development. The results of the study The Role of Ankum in Imposing Sanctions for Military Disciplinary Violations from the Perspective of Justice and Development of Soldiers

Samuel Teja; Amelia Tuku

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper analyzes the legal frameworks governing refugee rights and asylum processes, focusing on the challenges refugees face in seeking protection. By examining case studies from various countries, the research explores issues like legal barriers, discrimination, and access to basic services. The findings highlight the need for stronger international cooperation and legal reforms to ensure the protection of refugees and their human rights.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Auliya Azzahra; Muhammad Fikri Al Kautsar; Sabrina Nur Hafishah +1 more

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research examines the role of citizenship in law enforcement from the perspective of domestic and Islamic law, with a focus on cases in Indonesia. In the context of national law, citizenship reflects the legal relationship between individuals and the state, where citizens have the right and obligation to participate in the law enforcement process. Meanwhile, according to Islamic law, citizen participation is based on the principle of amar ma’ruf nahi munkar, which requires Muslim individuals to encourage good and prevent evil. This research employs a doctrinal legal methodology, which involves the process of identifying, analyzing, and interpreting legal principles, norms, and doctrines to address the issues at hand. The distinctive feature of this approach is its prescriptive nature, aiming to offer solutions or recommendations regarding legal problems. The methodological framework utilized is normative or doctrinal research, also referred to as library research. This type of research relies on canonical sources (doctrinal literature) and specifically involves the use of library materials such as journals, books, legal documents, religious texts, and other relevant sources. The research primarily focuses on examining and analyzing written sources to gain a comprehensive understanding of the legal issues being studied.The research results show that there are similarities in the basic concept of citizen participation. , implementation varies depending on the social, cultural and legal context. In Indonesia, the role of citizenship in law enforcement is influenced by political dynamics and public trust in legal institutions. This study recommends strengthening legal education, developing participatory technology and harmonizing national law with Islamic law as steps to strengthen the role of citizens in law enforcement. In this way, it is hoped that law enforcement can run more effectively, fairly and in accordance with the values held by society.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Nabella Indah Rismawati; Dewi Rahmawati Yundha Saputri; Arfian Nisa Urrofi'ah

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Customary law reform in Indonesia in the context of globalization raises significant challenges and opportunities. The values of Pancasila, as the ideological foundation of the nation, play an important role in ensuring that customary law reform remains relevant, fair and rooted in local culture. Globalization encourages the modernization and homogenization of the legal system, which often contradicts the principles of customary law based on local wisdom. This article examines how Pancasila values, such as humanity, social justice, unity, and deliberation, can be integrated in the process of customary law reform to remain relevant amid global dynamics. This research uses a qualitative approach with the methods of literature study, interviews, and document analysis. Literature study was conducted to understand the theoretical context of customary law reform and Pancasila values, while interviews were conducted with legal experts, academics, and traditional leaders to obtain empirical perspectives on challenges and opportunities in customary law reform. Document analysis was conducted on policies and regulations relating to customary law and the implementation of Pancasila values in Indonesia. The results show that customary law reform based on Pancasila has great potential to deliver a legal system that is more inclusive and responsive to the needs of local communities. Key challenges identified include difficulties in harmonizing customary law with national and international law and homogenizing pressures from global standards. However, opportunities are also found in the ability of updated customary law to provide more culturally and locally relevant dispute resolution alternatives. The integration of Pancasila values is believed to strengthen the position of customary law within national and global legal frameworks.ract

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Ammar Farid; Jazz Kyanu Azzahra; Siti Hanifah Jauharoh Wahidah

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This think around focuses to essentially and comprehensively see at the concept of citizenship from the focuses of see of sacrosanct law and Islamic law. Citizenship may be a legal status that characterizes the rights and commitments of an individual interior a state. Inside the setting of sacrosanct law, citizenship is controlled through constitutions and citizenship laws that incorporate distinctive perspectives such as the benchmarks of citizenship (ius soli, ius sanguinis), human rights, and conscious commitments. Sacrosanct law besides considers the measures of vote based framework, value, and adjust in choosing citizenship status. On the other hand, from the point of see of Islamic law, the concept of citizenship isn't because it were seen from a legal-formal point but in addition incorporates moral and ethical estimations. Islamic law gives heading on the commitments and rights of individuals as parcel of the ummah (the Muslim community), based on Shariah measures such as value ('adl), open welfare (maslahah), and the confirmation of fundamental human rights. Besides, Islamic law considers the rights of non-Muslims interior an Islamic state setting through the concept of "ahl al-dhimmah" (guaranteed people) and the benchmarks of minority rights security. This examine grasps a essential and comparative examination approach to evaluate the resemblances and contrasts between these two perspectives. The revelations illustrate that in show disdain toward of foremost contrasts in their philosophical and methodological bases, both secured law and Islamic law share common goals, to be particular the confirmation of human rights and social value. In any case, contrasts inside the interpretation of these concepts can impact the execution of citizenship approaches in several countries. The think approximately additionally highlights the challenges and openings in coordination Islamic law benchmarks into the framework of display day sacrosanct law, particularly in Muslim-majority countries. At final, the examine proposes the require for more genuinely interest talk to realize a concordant agreeable vitality between secured law and Islamic law in controlling citizenship sensibly and comprehensively.

Cokorda Gede Budha Hary Baskara

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

This study aims to analyze the implementation of e-commerce tax in Indonesia from the perspectives of law and enforcement effectiveness. Using a normative juridical approach, this research examines the legal norms outlined in legislation, including Law No. 11 of 2008 on Electronic Information and Transactions (as amended), Law No. 7 of 2014 on Trade, and Minister of Finance Regulation No. 210/PMK.010/2018. The findings indicate that e-commerce requires specific regulations due to its unique characteristics compared to conventional trade. These regulations aim to protect consumers and ensure tax compliance. However, challenges in implementing these regulations persist, particularly in supervision and law enforcement. Furthermore, the taxation aspect of e-commerce faces difficulties in reaching international businesses and avoiding tax evasion. Therefore, ongoing efforts from the government are necessary to strengthen regulations and law enforcement in addressing the dynamics of e-commerce development in Indonesia, to achieve legal certainty and optimal tax contributions from this sector.

Logo Igo Karmed; Karina Alifia Maharani; Moh Imam Mahmudin; Restu Teguh Imani; Tsabisa Zaskia Putri Maharani

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

This research is conducted with the aim of analyzing the impact of mixed marriages between Indonesian citizens and foreign nationals according to the provisions of regulations No. 1 of 1974 concerning Marriage and No. 12 of 2006 concerning the Citizenship of the Republic of Indonesia, from the perspective of International Private Law (IPL). Employing normative research methods, this study utilizes legal materials in its examination. The collection of materials involves literature studies.Based on the research, in marriages involving individuals with different citizenships, the applicable laws for them also differ. The Marriage Law does not explicitly regulate the legal consequences arising from mixed marriages. The provisions governing its legal consequences state that the status of children from mixed marriages is regulated according to the acquired citizenship, determining the applicable law.Through the above regulations, certainty is still provided in the protection for women marrying foreign nationals and the children resulting from mixed marriages.

Kurnia Tanu Putra; Devina Chandra; Lioni Anggraini; Muhamad Bintang Guntoro; Fernando Lim +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study compares the recovery systems for victims of psychosocial violence and traffic accidents from the perspective of Unlawful Acts (PMH) in Indonesia and Malaysia. Using library research, this study analyzes the legal framework, institutions, and social and psychological approaches used by both countries to support the victim recovery process. In Indonesia, the victim recovery system is still oriented towards material compensation and administrative settlements, with limited recognition of immaterial losses such as trauma and psychological disorders. In contrast, Malaysia has developed a victim-centered justice approach that positions victims as the subject of recovery, through regulations such as the Domestic Violence Act 1994 (Amendment 2017), the Road Transport Act 1987, and compensation mechanisms through the Motor Insurers’ Bureau of Malaysia (MIB) and the Victim Compensation Fund. This approach comprehensively integrates legal, social, and psychological recovery, including free counseling services through the One Stop Crisis Center (OSCC) and Talian Kasih 15999. The study's findings indicate that Malaysia has moved toward a holistic human recovery paradigm, while Indonesia still needs to strengthen its victim recovery system by addressing the psychological and social dimensions to align with the principles of restorative justice.

Hawina Romli; Rahayu Subekti

Prosiding Seminar Nasional Ilmu Pendidikan 2024 Asosiasi Riset Ilmu Pendidikan Indonesia

This study aims to examine the potential of restorative justice to resolve environmental criminal violations from the perspective of Pancasila philosophy, exploring relevant concepts so that they can be applied in the process of resolving environmental criminal cases. The type of research used is normative or doctrinal legal research. Normative research is research that usually uses documents as sources of legal materials such as laws and regulations, court decisions, legal theories, and opinions of legal scholars. The restorative justice approach in resolving environmental criminal cases can only be applied to formal offenses in Article 100. The concept of Restorative Justice is in accordance with the 4th Principle, namely deliberation which contains the principles of conferencing, search solutions, reconciliation, repair and circles (mutual support).

Astri Yulisti Datau; Mutia Cherawaty Thalib; Julisa Aprilia Kaluku

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

This research discusses the wife's right to support after polygamy from the perspective of legal protection. Marriage is a sacred thing that gives rise to rights and obligations for husband and wife, one of which is the husband's obligation to provide support for his wife. However, in practice, there are still cases where the legal wife does not receive support from her husband after the husband commits polygamy. This shows that there are problems in fulfilling the wife's right to support after polygamy. This research aims to analyze the legal protection of legal wives' rights to support after polygamy. The research method used is an empirical method with a statutory and case approach, and uses observation and interview data collection techniques. The research results show that legal protection for legal wives' rights to support after polygamy is inadequate, both in the Marriage Law and the Compilation of Islamic Law.

Hamra Afroh; Siti Nazwa Aulia Divayanti; Aulia Mufida

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

In this modern era full of progress, there are many new breakthroughs in various aspects, especially in the realm of medicine. Various kinds of issues that attract attention from various circles. The purpose of the research is to deepen and clarify the legal opinion as well as the basic principles, process, and positive impact of limb transplantation on others. The other purpose of the research is to prove the perspective in the Qur'an related to limb transplantation as an effort to understand more about the issue. The method used in this research is through a normative approach to analyze the organ transplant law based on primary and secondary legal sources. Transplantation has been allowed or legalized based on the law, the Law and the scholars through investigation in the form of analysis of the data obtained from the existing problem. The results of the analysis show that in emergency situations, transplantation is legally allowed as long as the donor does not feel harmed, but in terms of commercialization, limb transplantation is still not allowed.

Silva Silva; Siska Wira Sasmitha; Sarmauli Sarmauli

Jurnal Budi Pekerti Agama Kristen dan Katolik 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Abortion is a controversial issue that involves debates across various sectors, including legal, religious, ethical, and health aspects. Defined as the termination of pregnancy before the fetus can survive outside the womb, abortion in Indonesia is regulated by Health Law No. 36 of 2009, Article 75, which allows the procedure only in cases of medical emergencies and pregnancies resulting from rape. Despite these regulations, illegal abortions still occur frequently, driven by unwanted pregnancies, economic issues, and social stigma. This paper will discuss various aspects, including the causes of abortion, health impacts, types of abortion in special cases, and the Christian ethical perspective. The research method employed is literature review. The findings indicate that abortion can occur due to various factors such as fear, health issues, socio-economic conditions, and misunderstandings about its consequences. Illegal abortions pose serious risks to women's physical and mental health, including infections, bleeding, emotional trauma, and even death. Medically, abortion may be performed to protect the mother’s life in high-risk pregnancies, such as in cases of uterine cancer or rape. However, from the Christian ethical perspective, abortion is viewed as contrary to God's will, as the fetus is considered a living being that must be protected from conception.

Suramin Suramin; Yasmirah Mandasari Saragih; Ismaidar Ismaidar

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

Village funds disbursed by the government sourced from the APBN are still considered as assets that continue to be targeted by certain Village Heads with low morals. The high political costs to get the number one seat in the village cause people to do anything to get it. Because the village funds disbursed are quite tempting. In just one year in mathematical calculations, the capital spent during the process of getting the position of village head can be returned. Therefore, the suboptimal performance of the village head is due to many stumbling blocks of interest. The village head is no longer focused on the promised programs. The village head only focuses on efforts to return the campaign funds spent so far. The high number of corruption cases that hit the village head if it does not become the government's attention, the disbursement of village funds which were originally intended to make the village strong, advanced and independent will be in vain. That is why the role of the Village Consultative Body is needed here, an independent institution whose status is outside the village government. The function of the BPD which is expressly stated in the village law has not been implemented optimally, this results in village fund leaks always occurring every year in almost all regions of Indonesia. This study uses a normative legal research type, namely research that focuses on research on related laws and regulations. The results of this study indicate that Village Fund Supervision in Improving the Performance of the Village Consultative Body has not been guided and based on the principles of Law No. 6 of 2014 concerning Villages. The BPD has not fully carried out its functions. And the obstacles experienced are mainly in the HR aspect besides the absence of regulations that explicitly explain how the technical supervision of the allocation of village funds.

M. Rifky Syahmanda; Muhammad Wijdan Wiradibrata; Ghifari Muttaqien Dermawan Pramono

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

Gestational surrogacy is a form of surrogacy in which a woman carries and gives birth to a child without any genetic relationship to the baby. In this process, the egg from the biological mother and the sperm from the biological father are combined through in vitro fertilization (IVF), and the resulting embryo is implanted into the surrogate mother's womb. After giving birth, the surrogate mother hands the baby over to the couple or individual who arranged the surrogacy, in exchange for financial compensation for her service. Although gestational surrogacy offers several benefits, this practice raises numerous questions from an Islamic perspective, such as its legality, the lineage of the child born, and the social and ethical impact it has on the Muslim community. This paper focuses on analyzing Islamic views on gestational surrogacy and the accompanying implications of Sharia law. The article employs a qualitative method with discussions covering the definition of surrogacy from an Islamic perspective, Sharia legal analysis of surrogacy practices, as well as the social and ethical impact that arises in the Muslim community.