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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.

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.

Sanusi Sanusi; Mukhidin Mukhidin; Fajar Ari Sudewo; Ervin Hengki Prasetyo

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

Civil law is a branch of law that regulates relations between individuals or legal entities in terms of their personal interests. In civil law, a contract is considered a legal agreement between two or more parties who give each other promises to do or not do something. This research uses normative methods with qualitative research methods which use primary legal material sources, such as laws and the Criminal Code as well as secondary materials, such as books and journals. Contract law is an agreement between two or more people which creates an/an obligation to do or not do a specific thing. There are elements that are considered valid and binding. This includes the existence of an agreement from two or more parties, the desire or aim of the parties for legal consequences to arise, the legal consequences of the agreement only bind the parties and do not bind third parties, and certain agreements must be made in accordance with the law. There are legal principles in contract law, including freedom of contract, consensualism, and pacta sunt servanda. The conclusion is that contract law contains elements that are considered valid and principles in making agreements as well as the influence of written evidence in making a contract which provides legal certainty and as proof of the agreement. There are two main doctrine in contract law, classical and contemporary doctrine. The classical doctrin emphasize the legal certainty to be the core of legal issue in contract law. The doctrine noted that every single purpose of parties should be stated in contract in order to put binding eJect to the parties. It also distinguish the concept of breach of contract and tort. The petition for breach of contract should be based on the concept of breach of contract instead tort. In reverse, the contemporary doctrine emphasize the justice and appropriateness aspect in a contract. It recognized the contract as the whole process held by pre-contractual phase, contractual phase, and post- contractual phase. Hence, it realize the existence of impact toward promises stated by one party to others which is distinctly diJerent to the classical doctrine that neglect the impact of pre- contractual. The contemporary doctrine eliminates the distinguishing of breach of contract and tort as the basic of the sue because breach of contract was the specific genus of tort.

Ashfiya Nur Atqiya; Ahmad Muhamad Musta’in Nasoha; Shinta Bunga Islami; Wildan Mukti Ramadhan; Arum Budi Utami

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

: Pancasila is a philosophical system that is the ideological basis of the Indonesian state. This concept represents a collection of fundamental values that have guided the formation and development of this country since its independence in 1945. Pancasila is not just a political ideology, but also a philosophical framework of thought that integrates five main principles: Belief in one Almighty God, Just and Civilized Humanity, Indonesian Unity, Democracy Led ByWisdom in Deliberation/Representation,  and  Sosial  Justice  for  All  Indonesian  People.  In  this  article,  we  will investigate the orgins, development and relevance of Pancasila in the Sosial, polotical and cultural context of Indonesian. In addition, we will explore how Pancasila as a philosophical system has shaped state policy, defined national identity, and played a role in promoting moral and ethical principles in peoples daily lives.

Ashfiya Nur Atqiya; Ahmad Muhamad Musain Nasoha; Laila Alfiani Eka Safira; Azzahra Meisya Rahmadani; Zidni Aulia Rohmah

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

The role of Pancasila as a source of law within the adat (customary law) system in Indonesia involves analyzing its alignment and contemporary challenges. Pancasila, as the state ideology, serves as a fundamental guide for the formulation and application of laws throughout Indonesia. However, integrating Pancasila's values into the diverse adat legal systems presents significant challenges regarding both value alignment and practical application. This study uses qualitative analysis with a case study approach to evaluate how Pancasila’s principles are implemented in adat law and assess how well these values align with existing adat norms. Findings indicate that despite efforts to reconcile Pancasila with adat law, there are several obstacles, including differences in value interpretation, resistance from indigenous communities, and difficulties in harmonizing national and adat laws. The article concludes that a more dialogic and inclusive approach is needed to align Pancasila with adat law and recommends policy reforms and enhanced understanding of Pancasila's values at the local level to ensure fair and sustainable legal enforcement.

Ashfiya Nur Atqiya; Ahmad Muhammad Mustain Nasoha; Salma Azzahra; Raihan Mukhtar Bairani Putra; Rifqy Luthfi Amalia +1 more

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

Enforcement of criminal law against criminal acts of corruption in Indonesia requires an approach that is not only based on positive legal provisions but also reflects the values ​​of Pancasila as the basis of the state. Pancasila, with five principles covering aspects of Divinity, Humanity, Unity, Democracy and Social Justice, provides the moral and ethical framework that underlies legal principles in Indonesia. This research aims to explore how Pancasila values ​​are applied in enforcing criminal law against corruption, as well as the challenges and obstacles faced in the implementation process. By using an analytical approach to legal literature and current case studies, this research finds that the application of Pancasila values ​​can increase integrity, transparency and justice in the legal system. Nonetheless, issues such as a widespread culture of corruption, deficiencies in the legal system, and a lack of collaboration among agencies present major challenges. This study suggests overhauling the legal system, enhancing education and training for law enforcement personnel, and promoting community engagement to better implement Pancasila values in the enforcement of criminal laws against acts of corruption. 

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.

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.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Fadhil Abdulloh; Elsa Fikry Nurcahya; Nihayatun Nisa

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study looks at the legal ramifications of changing the Republic of Indonesia's 1945 Constitution's articles pertaining to citizenship (UUD 1945). The complexity of citizenship issues has increased with globalization, especially when it comes to dual citizenship and the rights of Indonesians residing outside. This study is classified as doctrinal research since it examines legal sources to determine legal principles. The study finds that amendments to the UUD 1945 are necessary to better align Indonesia's citizenship policies with global developments. However, these changes must be carefully considered to protect human rights and maintain national loyalty and identity. Reforming Indonesia's citizenship laws should be done thoughtfully, with input from various stakeholders, to ensure the resulting policies are inclusive and adaptable to the current global context. This research aims to contribute significantly to the development of Indonesia's citizenship policies and to offer a foundation for policymakers in crafting regulations that are more responsive to global challenges.

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.  

M. Adi Putra; Zainal Arifin Hosein

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

This study aims to compare the bankruptcy application procedures between State-Owned Enterprises (BUMN) and Regional-Owned Enterprises (BUMD). Bankruptcy is a condition that significantly impacts economic stability, both nationally and regionally. In this case, both types of enterprises are regulated by different regulations but with similar underlying principles. Therefore, this research examines the differences and similarities in bankruptcy procedures for BUMN and BUMD, as well as the authority each possesses in the bankruptcy application process. Additionally, this study highlights the importance of harmonizing regulations governing bankruptcy procedures to ensure the coherence of the prevailing legal system. The research method used is normative legal research with a legislative approach and a conceptual approach. This research reveals that although there are similarities in objectives, significant procedural differences require adjustments to create uniformity and legal certainty in resolving bankruptcy issues for both types of enterprises.

Aisyah Adilla; Sumriyah Sumriyah

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

An agreement according to article 1313 of the Civil Code explains that "An agreement is an act in which one or more persons bind themselves to one or more other persons". Which in this case is an agreement according to K.R.M.T Tirtodiningrat, an agreement is a legal act based on an agreement between two or more parties, which as a result of the law can be fulfilled by the provisions of the applicable law. A sale and purchase agreement is an agreement in which one party binds himself to hand over an object and the other party to pay the price of the object that has been agreed.  This research is entitled "The Application of the Principle of Consensualism in the Peanut Sale and Purchase Agreement in Taman Village, Jrengik District, Sampang Regency". The purpose of this study is to find out how the principle of consensualism is applied in the peanut purchase and sale agreement in Taman Village and what are the legal consequences that will be obtained for parties who violate the principle of consensualism in the peanut purchase and sale agreement in Taman Village, Jrengik District, Sampang Regency. Thus the study uses empirical research methods. This research method is an approach that prioritizes the use of real evidence and in-depth observation as the basis for his research work. In the results of observations that have been made by researchers on the application of the principle of consensualism of peanut buying and selling agreements in Taman Village, Jrengik District, Sampang Regency, as the times go by, many residents have applied the principle of consensualism in the buying and selling process.

Verdy Hengky Kalele; Zainal Arifin Hosein

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the comparison between unlawful acts (PMH) in criminal law and civil law in Indonesia, focusing on the differences in definitions and the elements that constitute unlawful acts in both legal systems, as well as the implications of the application of PMH in each field of law. The research method used is normative juridical, with legislative and conceptual approaches to examine the provisions in the Criminal Code (KUHP) and the Civil Code (KUHPer). This study identifies fundamental differences in objectives, sanctions, and legal subjects involved, as well as their impact on individual and societal interests. The research findings show that although there are similarities in the basic principles regulating PMH, significant differences lie in the nature of the sanctions imposed, where criminal law emphasizes prevention and punishment, while civil law focuses on compensation and recovery of losses. This research provides insights into how these two legal systems complement each other in maintaining justice and order in Indonesia.

Javier Ramirez; Rachel Chen; James Wu

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

This article examines the impact of artificial intelligence (AI) on human rights, focusing on issues such as discrimination, transparency, and accountability. The research analyzes AI applications in areas like law enforcement, employment, and social media, evaluating how AI can both enhance and threaten human rights. The study calls for the development of AI regulations that uphold human rights principles and prevent misuse.

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 Atqiyah; Rahdatu Cahya Puranita; Inas Lutfiyah; Salsyabila Apriliyani

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Pancasila, as the foundation of the Indonesian state, plays an important role as an ethical system that guides national and state life. This study aims to explore and analyze how the values of Pancasila as an ethical system. The research method used is a literature study. Through this approach, various sources of literature such as textbooks, journal articles, academic papers, and legal documents are collected and critically analyzed. The results of this study indicate that the five principles of Pancasila, namely Belief in the One Almighty God, Just and Civilized Humanity, Unity of Indonesia, Democracy Guided by the Wisdom of Deliberation/Representation, and Social Justice for All Indonesian People each contain fundamental values. This study identifies the need for a more integrative approach in translating the principles of Pancasila into real policies and actions.

Jahtra Solin; Dani Sintara

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

Abuse is a crime against the body (physical). The word abuse as stated in the Big Indonesian Dictionary (KBBI) is arbitrary treatment (torture, oppression, and so on). From this definition, it is expanded again in terms of meaning, namely concerning "inner" or "feelings". The purpose of this study is to find out how criminal responsibility is imposed on perpetrators of abuse that causes minor injuries as regulated in Indonesian criminal law regulations The type of research used in this study is empirical legal research, namely legal research conducted by directly examining or secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The data obtained from this study were analyzed using qualitative analysis, namely describing the existing realities based on the results of the study by systematically describing them to obtain clarity and facilitate discussion. Based on the results of the study, criminal responsibility for perpetrators of minor abuse that causes minor injuries in Indonesian criminal law is a combination of the application of basic principles of criminal law such as the principles of legality, proportionality, and intent, as well as flexibility in determining appropriate sanctions based on mitigating or aggravating factors. Ordinary assault is regulated in Article 351 of the Criminal Code, while minor assault is regulated in Article 352 of the Criminal Code. Premeditated and serious assault have stricter provisions, with heavier sanctions for the perpetrators. Based on the results of the research that has been conducted, it can be concluded that: Criminal liability for perpetrators of assault that causes minor injuries is regulated in the Criminal Code (KUHP), especially Article 352 of the Criminal Code. The judge's considerations in decision number 1748/Pid.B/2023/PN Lbp.

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.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Ardwana Riswari Wisnu; Arif Budi Utomo; Inayatun Nafi'ah

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

As the basic ideology of the Indonesian state, Pancasila not only provides philosophical and normative guidelines for governance, but also plays an important role in the recognition and implementation of customary law throughout Indonesia. This study aims to provide an in-depth analysis of the relationship between Pancasila and customary law in the context of the Indonesian constitution, evaluating how Pancasila influences the recognition, regulation, and implementation of customary law, while exploring historical and legal challenges and solutions. This study also examines how regulations governing customary law should be adjusted to continue to respect customary norms while remaining consistent with national law and human rights. Through comprehensive analysis and strategic recommendations, this study aims to contribute to strengthening the integration of customary law into the Indonesian national legal system, strengthening the implementation of the principles of Pancasila, and promoting justice and harmony within the framework of a unitary state. This study aims to ensure that customary law is not only respected but also implemented effectively in supporting the basic values ​​of the state and the interests of indigenous peoples throughout Indonesia.