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Yulia Ibrahim; Nur M Kasim; Suwitno Y Imran

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

The representation of women in politics has become a much discussed issue along with the development of political access. Various factors are the cause of this, including religious factors. The purpose of this study is to be able to determine and analyze women's political rights in the perspective of Islamic law. This study was conducted using the type of normative legal research with two types of approaches, namely the statutory approach (Statute Approach) and conceptual approach (Conceptual Approach). Based on research that researchers have done, the results obtained that islam recognizes the existence of women's political rights and the importance of the role of women in public life and its impact on political life.

Siti Mirta Liyani Halid; Nirwan Junus; Moh Taufiq Zulfikar Sarson

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to determine and analyze how the legal protection of consumers due to default in the housing loan agreement in the perspective of Consumer Protection Law No.8 of 1999. The type of research used in this study is normative juridical approach to legislation (statute aprouch) and case approach (case aprouch). The results of this study indicate that the case of default in the housing loan agreement, which occurred in the city of Gorontalo. Create legal protection against consumers (customers) who are harmed by Bank BTN who do not carry out their obligations in accordance with existing rules or regulations, where the bank does not issue housing certificates even though the consumer (customer) has paid the installments

Setyowati, Endang; Ana Kadarningsih

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

This research was motivated by several cases resulting from the actions of naughty debtors which caused significant losses for Indonesia. There is a legal vacuum in Law Number 10 of 1998 concerning Banking, making it difficult for law enforcers to determine criminal acts committed by naughty debtors. The problem formulation taken is how banking law in Indonesia is in the perspective of legal objective theory, and what is the juridical review of bad debtors in the banking law. This research uses a normative legal research approach with a theory and legal principles approach. Several things need to be reviewed due to the impact caused by Law Number 10 of 1998 concerning Banking, namely that there is an article that can only ensnare bank employees if there is some form of criminal liability. Apart from that, there is no clause that regulates criminal sanctions for bank employees who collude with debtors. Bank Indonesia can impose administrative sanctions, but this authority is not regulated expressly and unequivocally in the Banking Law. So that Bank Indonesia has the potential to abuse its authority in determining actions.    

Isti Puspitasari; Erviyanti Rosmaida; Christloy Totota Karo Karo; Irwan Triadi

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

The purpose of this article is to find out how to change environmental legal policy into environmental law into the Job Creation Law and to find out the appropriate efforts to address changes in environmental legal policy from the environmental protection perspective of the Job Creation Law. The research method presented in this article uses a normative legal approach, namely descriptive analysis. The results of the study in the article show that the concept of environmental law has become a legal policy that activates various instruments that regulate environmental problems in Indonesia, both regulatory and planning instruments. Finally, the aim of environmental legal policy is to ensure the implementation of sustainability in Indonesia from an environmental perspective. Efforts that must be made to address changes in environmental legal policy from the environmental protection perspective of the Job Creation Law are: 1) Simplification of permits; 2) Strict responsibility and 3);Restrictions on environmental rights. These three things cannot be taken lightly, so as not to have the worst impact on the quality of the environment. The Job Creation Law and its derivatives already existed until legal action was taken to revoke them. This is an important consideration where the Government must continue to develop good faith partnerships with the community to implement the Work and its consequential provisions.

Ahmad Januarsyah; Iliyanti Iliyanti; Husein Bafadhal

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

The background to the problem of this research is looking at the habits of the people of Rambutan Masam Village, which to this day still preserve the tradition of the Ngebeng Dance, where the dance shows men dancing in a bancian style, plus the costumes and make-up of the men are really made to resemble Woman. The main problem in this research is: what is the process of implementing the Ngebeng Dance tradition in Rambutan Masam Village, and what is the perspective of Islamic law on this problem.This research is a field research conducted in Rambutan Masam Village. The population is several people who understand the history of the ngebeng dance, such as heads of traditional institutions, community leaders, while the sampling technique used was purposive sampling, namely 10 people who were directly involved. in the implementation of the ngebeng tradition and the researchers interviewed directly. Because to get data in the field it is collected by observation and interviews. Next in analyzing. The data writer used an empirical juridical approach method, because in discussing the research problem he used legal materials, both written and unwritten laws or both primary legal materials and secondary legal materials.The results of the research show that the process of implementing the ngebeng dance tradition is still preserved to this day and still maintains the content of the dance as taught by the ancestors, where men in the dance are dressed in such a way as to resemble women. So this dance tradition according to Islamic law is haram even though it aims to entertain.

Ilham Ali; Sunarto Sunarto

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

The presence of the E Court system in online trials creates legal loopholes regarding violations of the defendant's rights in trials regarding Due Process Law. The court cannot ignore this fact. Therefore, it is necessary to carry out an in-depth study and analysis to ensure that the implementation of electronic trials does not violate important principles needed to maintain justice and the human rights of defendants during the trial process. Formulation of the Problem of this Thesis How to regulate the defendant's consent in the implementation of electronic criminal trials in Indonesia? and What is the electronic criminal trial mechanism that guarantees due process? The research method used by the author is Normative Juridical to study E-Court from the perspective of applicable laws and regulations and legal principles. The results of the research are that the regulation of the defendant's consent in carrying out criminal justice electronically in Indonesia based on Perma 4 of 2020 is an effort to protect the defendant's rights in the criminal justice process. The defendant's consent is necessary to ensure that the defendant understands his or her rights and is not forced to participate in the trial electronically. Perma Number 4 of 2020 regulates several ways to carry out electronic trials, such as defendants attending the trial from the place of detention with or without being accompanied by a Legal Advisor, or defendants who are not detained can attend the trial in the Court's court room or at the Prosecutor's office accompanied or without being accompanied by an Advisor. Law. This defendant consent mechanism must also pay attention to complete and timely notification to the defendant, the defendant's access to necessary technology, the defendant's right to be represented by a lawyer, preservation of trial recordings, and special consideration of personal rights and data security.    

Nilpa Safitri Daulay

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to determine defects in marriage from an Islamic legal perspective. And to understand the concept of marriage fasakh due to a flawed Islamic legal perspective. This research was carried out using library research and paying attention to the field (Field Research). The results of the research show that defects in marriage from an Islamic legal perspective are physical and spiritual defects that cannot be removed or can be removed but only in a long time. Among the diseases specific to men: (1) Jabb/castration, namely cutting off the genitals (penis) and both testicles. (2) Unnah/impotence. (3) Khusha', namely cutting, finding or removing both testicles, without cutting the penis. And defects specifically for women are (1) Ratq, namely blockage of the vaginal canal, (2) Qarn, namely the presence of something that protrudes and blocks the vaginal canal. (3) 'afal, namely the appearance of foam in the vagina. (4) Ifdha, namely the mixing of the sexual canal with the urinary tract, or the mixing of the sexual canal with the anal canal. (5) Istihadhah. The defects that exist in men and women are (1) madness, (2) Leprosy (juzam). (3) Leprosy (baras), (4) Bakhar disease (foul-smelling mouth) and Sunan (foul-smelling sweat. And Imam Ahmad made transvestism a defect which causes marriage fasakh. The concept of marriage fasakh is caused by a defect in the perspective of Islamic law, which is to sever ties of relationship. between husband and wife. This occurs because the conditions are not fulfilled when the marriage contract takes place. In the Hanafi and Maliki schools of thought, this divorce is categorized as thalak ba'in and cannot be reconciled, and according to the Syafi'i and Hanbali schools it is stated that separation between the husband and a wife who is caused by an illness or defect is called fasakh, not thalak (divorce carried out by the husband). And if the defect is known before marrying her, he may divorce her and he is not obliged to pay the dowry.

Mauliya Fitriani; Della Miftahurrizka; Mizan Imani Naqsyabandi; Noerma Kurnia Fajarwati

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

Fashion design as a creative and intellectual expression requires appropriate legal protection to encourage innovation and protect the rights of creators. This article discusses the important role of law in protecting fashion design from an intellectual protection perspective. This approach involves an analysis of the role of intellectual property rights, especially copyright and industrial design, in providing adequate protection for works of art in the world of fashion. Copyright provides automatic protection for original works, including fashion designs. However, copyright restrictions result in limited protection, which is why it is important to understand how industrial designs can provide broader protection. Through industrial design registration, creators can secure exclusive rights to their fashion designs, preventing unauthorized duplication. This legal protection also helps create a fair business environment and fuels the growth of the fashion industry. By recognizing the economic and creative value of fashion design, the law plays a role in encouraging investment and innovation in the sector. Therefore, a deep understanding of the role of law in the intellectual protection of fashion design is crucial for interested industry players, creators and users.

Komala Dewi

JUREKSI (Journal of Islamic Economics and Finance) 2024 STIKes Ibnu Sina Ajibarang

: This article describes the problem of usury from a legal perspective and its interpretation as well as bank interest from a review of Islamic law and analyzes its impact on the economy, both those raised by Islamic law experts, mufassirin and Muslim economists. The prohibition of usury in Islam is expressly stated in both the Qur'an and the Hadith which were revealed gradually. The prohibition of riba (usurios) in Islam is based on moral and humanitarian considerations because the essence of the prohibition of usury is the elimination of all forms of economic practices that give rise to tyranny and injustice. And the impact of interest on the economy will hamper economic growth. The method of writing this article is based on literature review by conducting an in-depth review of books, commentaries and writings on bank interest, usury and related matters. The purpose of this paper is to find out the interpretation of usury and the opinions of scholars regarding bank interest law and to analyze the negative impact that the interest system has on the economy.

Muhammad Muttaqin; Muhibban Muhibban; Muhammad Misbakul Munir; Nurul Amalia

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to evaluate the legal aspects of both Islamic and conventional laws regarding the remuneration provided to preachers invited by Masjid Raya Aziziyah Secanggang. Preachers play a crucial role in guiding individuals towards goodness and deterring them from evil, as per the teachings of the Quran. The study has two primary objectives: to examine the remuneration system for preachers in the mosque and to analyze the perspectives of Islamic and conventional laws on this system. The research methodology employed is qualitative-descriptive with a field approach, utilizing interviews, observations, and documentation as data sources. The findings indicate that Masjid Raya Aziziyah Secanggang compensates preachers through two methods: direct payment without a formal agreement and through a written agreement. From an Islamic legal standpoint, remuneration for preachers can be considered a permissible (mubah) form of appreciation or gratitude. In terms of conventional law, the remuneration system aligns with the regulations outlined in the 2023 Job Creation Law. This research underscores the importance of maintaining compliance with both Islamic and conventional legal aspects and ensuring collective benefits to uphold a fair and justified remuneration system for preachers at Masjid Raya Aziziyah Secanggang. Mutual respect for rights and responsibilities is crucial to enhancing the quality of this remuneration system.

Angela Kirana Hartanto; Aulia Khoiriya; Bijak Anugrah; Salsabila Khoirunnisa

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

In Indonesia, the Job Creation Law has had a major impact on workers, especially in terms of policies that tend to favor companies. The emphasis on labor flexibility and the ease with which companies can restructure can reduce job security, wages, and workers' rights. Inequalities in labor contract negotiations arise as the power differential between companies and workers widens. Thus, modern slavery practices often emerge to make workers feel marginalized. This is due to the lack of legal protection, which is detrimental to their health. Therefore, this study aims to provide an explanation of the effect of government regulation in the form of omnibus law and investment policies on the welfare of workers in terms of wages and working time. To achieve this goal, this research uses a political economy perspective with two derivative theories, namely the theory of oligarchy and neoliberalism. Then, in collecting data, this research will use the big data analytics method that will collect data containing tweets from Indonesians on social media X that contain certain keywords. This method consists of several stages consisting of data cleaning processing, data transformation into tabular form, and data visualization. Besides big data, this research also uses literature review methods to collect data from books, journals, and articles related to this research topic.

Ade Zuki Damanik

Jurnal Ekonomi Keuangan Syariah dan Akuntansi Pajak 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

A study of business validity can help to understand the legal and regulatory structures that govern the operation of a sharia business, while sharia economic law can provide valuable perspectives on the principles and rules that govern business operations. Understanding the relationship between these two fields can help identify potential challenges and opportunities for sharia, as well as help to identify best practices and case studies that can help Sharia overcome challenges and take advantage of opportunities. This type of research is a descriptive qualitative approach by applying library research methods (library research). The results of the research are used as a determining factor in choosing or rejecting an idea or proposal for a project or undertaking being planned. Meanwhile, Shariah economic law refers to an economic legal system based on Islamic principles and values. In the study of business viability, there are several evaluation factors that need to be considered, such as legality, marketing, and financial aspects. In the context of Shariah economic law, there are several principles that include the Foundations of Mu'awanah, Musyarakah, Manfaah, Antarodhin, Adamul Gharar, Musawah, Ash Shiddiq, Ownership, Governance, and Bir wa Taqwa.

Ati Kusmawati; Fahmi Ariansyah Wibowo; Muhammad Nabila Farchan; Muhammad Prihandoko Nur Dirgantara

Concept: Journal of Social Humanities and Education 2024 Sekolah Tinggi Ilmu Administrasi Yappi Makassar

Drugs are an item that is often misused by irresponsible people. From year to year the problem is increasingly widespread. There are many factors that cause people to become infected with drug abuse. Starting from teenagers to adults with different causes and reasons. Basically, everyone who is aware understands that drugs are illegal, there are consequences both from a legal perspective and the impact they will have on the body of the person who uses them. Therefore, optimal roles and high self-awareness are needed from various parties in dealing with this drug problem. In particular, the family's role is very vital in protecting and educating their families about drugs.

Zainuri Zainuri; Rizal Maulana; Ali Aminullah

Jurnal Manajemen dan Pendidikan Agama Islam 2024 Asosiasi Riset Pendidikan Agama dan Filsafat Indonesia

Most of the Indramayu area is rice fields. The agricultural land cultivation system uses a paroan system (profit sharing system). The cooperation agreements usually made by the community are verbal, not in writing, this has become the community's habit. The aim of the research is to determine the practice of rice farming cooperation in Gantar Village, Gantar District, Indramayu Regency and to examine whether the practice of agricultural cooperation is appropriate according to Islamic law. This research uses a qualitative approach. Data collection techniques in this research are observation, interviews and documentation. Data was processed and analyzed using qualitative descriptive methods. The results of the research state that the practice of rice farming cooperation in Gantar Village, Gantar District, Indramayu Regency uses a profit sharing system. Farmers are required to become members of the Association of Farmers Supporting Food Security (P3KPI), their agreement is executed in writing, all capital is from the rice field owner, the harvest is divided in half after capital is deducted and the harvest is purchased by the rice field owner. According to Islamic law, the practice of agricultural cooperation with a profit sharing system in Mekarjaya Village, Gantar Subdistrict, Indramayu Regency is permitted, because the agreement has fulfilled the pillars and legal requirements of muzara'ah.

Mohammad Misbaqul Arfah; Ichah Yunia Rahmawati; Dhaifina Dewita Ayu; Siti Faizeh; Fauzi Rohman +2 more

Public Service And Governance Journal 2024 Universitas 17 Agustus 1945 Semarang

This research discusses the phenomenon of the people of Karangharjo Village, Silo District, Jember Regency who tend to behave deviantly from positive Indonesian law, more specifically related to the problem of early marriage, high rates of divorce, domestic violence and high cases of stunting that occur in children which is normalized by local community. In 2022, there will be 50,673 applications for marriage dispensation, 516,344 divorce cases, where 80% of these divorce cases are experienced by couples who have been together for less than 5 years. This research was studied using a qualitative descriptive approach and legal sociology, and the analysis of this research data was empirical. To find out about the behavior of the people of Karangharjo Village, Silo District, Jember Regency who deviate from positive law in Indonesia. Data collection techniques in this research were carried out using interviews, observations and document review. There were 10 informants interviewed. This village was used as an object because it was considered to be one of the sub-districts that applied for the highest marriage dispensation in Jember Regency. Researchers succeeded in answering social impacts, including the factors that cause early marriage due to people's concerns about deviations from the nature of religion if their children are not married immediately, apart from that, the perspective emerged that if children aged 20 years have not been married, this is considered a disgrace for the family in Karangharjo Village. The causality of this deviation results in high stunting rates due to mental, economic and psychological unpreparedness in establishing a harmonious household. Community behavior tends to deviate, where traditions and cultural customs are upheld more highly than positive law itself. Therefore, an approach is needed to understand people's behavior so that they comply with positive law without exception, namely by using a legal sociology of law.

Lala Anggina Salsabila; Dina Pratiwi BR Tambun; Annisa Puspita Sari Batubara

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

This article aims to examine the role of regional government in implementing good governance from a legal perspective. The role of Regional Government in the Implementation of Good Governance from a Legal Perspective is a very relevant issue in the context of public administration and law in many countries. As society's demands for quality, transparent, accountable and fair public services become increasingly complex, the concept of good governance becomes very important. This research use desciptive qualitative approach. The data collection technique used is library study, which means reading and understanding the content of discussions and various types of culture from newspapers, tabloids, journals, physical books and ebooks. Good governance aspires to create a government with principles such as transparency (openness), accountability, participation, justice and independence, with the hope of achieving the greatest goals for the prosperity and progress of the people and the country.

Dita Cahyani Sudirman; Nabila Alya Husna; Salsabilla Putri Alaika; Aura Syahranni; Donyuanalloh Azdy

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

The study of the role of the Financial Services Authority (OJK) in protecting banking customers is an important topic in the context of consumer protection and the stability of the financial system. OJK has the authority to end operational supervision procedures related to bank and non-bank exchange transactions, as well as providing legal certainty for customers. It is an Islamic economic perspective, OJK also has a role in protecting sharia banking customers. Legal protection for depositing customers has been regulated in various laws and regulations, including Law Number 21 of 2011 concerning OJK. OJK also has an important role in resolving consumer complaints in accordance with those regulated in the Consumer Protection Law. In addition, OJK is also involved in regulating national economic stimulus policies that have an impact on the spread of COVID-19. Through regulations such as OJK Regulation No. 48/POJK.03 Year 2020, OJK plays a role in loving the guarantee for financial losses felt by depositing customers. Thus, the role of OJK in protecting banking customers is very important in maintaining public trust in the financial system.

Sudirwan Sudirwan

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Unregistered marriage (nikah sirri) is a phenomenon that has attracted the attention of many, both from the perspective of Islamic law and positive law in Indonesia. This study aims to critically examine nikah sirri, including its definition, legal basis, and the social impacts it causes. Using a qualitative approach, this research collects data from various sources, including legal literature, interviews, and case studies. The results show that although nikah sirri is recognized under Islamic law, its practice often conflicts with the state's legal protection and can have negative consequences, especially for women and children. The issue of nikah sirri is complex as it involves two different legal domains—religious law and state law. On the one hand, nikah sirri may be considered valid according to Islamic principles if it fulfills the requirements and pillars of marriage. On the other hand, since it is not recorded in the state’s administrative system, it raises several legal and social issues, particularly regarding the protection of women's and children's rights. Therefore, a well-structured problem formulation is needed to thoroughly explore the conflicts and gaps between Islamic law and positive law in addressing the practice of nikah sirri.

Iqmal Hakim; Aghnia Nurmaulid; Dhea Suci Wulandari; Muhammad Aswaeni Muldea

Konstanta : Jurnal Matematika dan Ilmu Pengetahuan Alam 2023 International Forum of Researchers and Lecturers

Freedom of expression on social media for university students has complex implications and needs to be well considered. This research uses a combination approach of literature review, surveys, interviews, and content analysis to explore the legal and ethical perspectives on freedom of expression in social media for university students. The results show that freedom of expression on social media can affect the relationship between students and the government, have a great influence on social change, and produce positive impacts for students. However, students also face many challenges in the freedom of expression on social media, such as the threat of slander, online hatred, and other bad influences. Based on the research findings, we recommend increasing digital literacy and awareness of online ethics for university students. In addition, there needs to be clear and firm regulations to protect freedom of expression on social media, but also prevent violations of the law and ethics.  In conclusion, students' freedom of expression in social media has complex implications, requiring a deep understanding of both legal and ethical perspectives. Universities need to play a role in providing digital ethics education to students to ensure responsible use of social media in line with Pancasila values. Thus, this study contributes to the understanding of the complexities and challenges faced by university students in exercising freedom of expression in social media. 

Muhamad Nur Rifaldi Rachman; Nirwan Junus; Julius T. Mandjo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court