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Nisyatun Nasayatin Nafi’ah; Abdullah Afif

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Sub-District of Senori, Tuban Regency. Generally, the proposal (marriage proposal) that takes place in the village involves men proposing to women, different from that of the village where a woman takes the role as the proposer. This marriage proposal activity conducted by women is called "ngemblok". The tradition of ngemblok is one of the cultural heritages passed down from ancestors. The research method used by the researcher is qualitative research with field research as its type. The results of this research show that: 1) the implementation of the ngemblok tradition in the marriage proposal process in Katerban Village, Senori Sub-District, Tuban Regency, consists of several stages starting from bringing offerings such as tape (fermented cassava), bugisan (a type of traditional cake), rengginang (rice crackers), jenang (a type of sweet food), and mandatory alu-alu (traditional grinding stone) as symbolic food. 2) The Islamic legal perspective on the ngemblok tradition states that there is no prohibition for women as proposers. Through the approach of the 'urf theory

Abd. Manab; Y.A.Triana Ohoiwutun; Fanny Tanuwijaya

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

The existence of political parties plays a strategic role in the development of democracy and the nation is faced with a number of issues that create a negative impression on these organs, some of which include; first, the problem of involvement of political parties in various cases of corruption and money laundering crimes that have an impact on the fall of public image and trust in the organization; second, the problem of pro and contra accountability of political parties involved in cases of corruption and criminal acts of money laundering before the law; and third, the issue of imposing criminal sanctions on political parties as the subject of corporate offenses known in corruption and money laundering. This research belongs to the typology of juridical normative legal research with secondary data types in the form of primary, secondary and tertiary legal materials. The approach taken includes the comparison, conceptual, statutory, and philosophical approaches, and analyzed descriptively qualitatively through literature. The results of the study show that; first, the justification of political parties as corporations in criminal acts of corruption and criminal acts of money laundering can be seen in five basic perspectives, namely philosophical foundation, juridical basis, historical basis, sociological basis, and political foundation of criminal law; second, the ideal concept of political party punishment as a corporation is carried out with a reconceptualization of the subject of corporate delictions in the affirmation of two types of corporations, namely corporations in the form of private and special corporations or in the form of public with different provisions on punishment arrangements. The need for an amendment to some provisions of the Corruption Law and the TPPU Law related to corporations in accommodating the two types of corporations into a forum for the implementation of ideas, of course issuing a law that contains specific provisions regarding special corporate punishment can be the answer to a myriad of issues regarding criminalization

Falah Sabirin

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

Interfaith marriage is a complex issue and often becomes a subject of debate in Indonesian society. In both legal and religious contexts, this type of marriage faces various challenges, particularly from the perspective of Islamic jurisprudence (fiqh) and the Indonesian Marriage Law. This journal aims to analyze the problems surrounding interfaith marriage in Indonesia by examining Islamic legal views, regulatory frameworks, and the resulting social implications. From the fiqh perspective, the majority of scholars agree that a Muslim woman is not permitted to marry a non-Muslim man, whereas the marriage of a Muslim man to a woman from the People of the Book (Ahl al-Kitab) remains a topic of debate, depending on social context and public interest (maslahah). This reflects how Islamic law prioritizes the stability of faith (aqidah), household leadership, and the continuation of religious values in the upbringing of children. From the standpoint of national law, Indonesia’s Marriage Law No. 1 of 1974 places the validity of a marriage under the religious laws of the respective parties, making it difficult for interfaith marriages to be officially registered. As a result, such couples often face administrative barriers, issues in inheritance law, child custody rights, and social discrimination. This study concludes that a fair and constructive approach is necessary in addressing this issue, while preserving religious principles and maintaining social harmony in Indonesian society.  

Siska Ayu Anggraini

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

Marriage that precedes a sibling is a social phenomenon that often triggers differing views between customary law and Islamic law in Indonesian society. This study aims to examine the perspectives of customary law and Islamic law on this phenomenon and understand the dynamics of the interaction between these two legal systems. The research adopts a qualitative approach with a descriptive-analytical design, combining primary data from in-depth interviews with customary leaders, religious scholars, and marriage participants, along with secondary data from relevant literature. The results show that customary law tends to regulate the order of marriage within the family, with social sanctions for violations, while Islamic law does not have such prohibitions and emphasizes individual freedom as long as the marriage requirements are fulfilled. Despite the potential for conflict, integration between customary law and Islamic law is possible through a dialogical approach involving all relevant parties. This study recommends strengthening dialogue between customary leaders and religious scholars to create harmony in marriage practices within the community and encourages further research to gain a broader understanding of public perceptions on this issue.

Rendi Rizky Trianda

JURNAL ILMIAH PENDIDIKAN KEBUDAYAAN DAN AGAMA 2023 CV. ALIM'SPUBLISHING

The development of information and communication technology, one of which is the internet (interconnection networking). Protection of personal data privacy if it is not regulated in a law and regulation can result in losses for someone due to the dissemination of personal information. This study aims to analyze the protection of personal data privacy in a comparative law perspective. This study uses the literature study research method. Data collection techniques by collecting several previous studies as a reference for answering the importance of using Shopee among students, the latest features of Shopee that make it easier for consumers to use it and the reasons students choose to buy and sell online at Shopee, as well as supporting data. as supports such as newspapers, magazines, articles, e-books from the internet, image data and graphics according to the topic. The purpose and focus of this research is to find out the nature of legal protection of personal data as a right to privacy and forms of legal protection of personal data as a right to privacy in Indonesia. The result of this research is that the essence of legal protection of personal data as a right to privacy is a citizen's constitutional right. Indonesia does not yet have statutory regulations which form the legal basis for the protection of personal data

Salim Alidrus; Nur Mohamad Kasim; Waode Mustika

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research aims to provide knowledge to the community regarding the limitations for adopted children, especially in terms of inheritance, so that the community is not wrong in providing knowledge about adopted children. This research is a field research (Field Research), the data sources used are primary data sources collected through interviews, documentation and observation. Primary data is obtained directly from respondents regarding inheritance for adopted children in Islamic law and customary law, while secondary data is in the form of legal theories and norms as well as other supporting data obtained from literature, documentation and biographies. All of these data are materials to describe an overview of Islamic law regarding inheritance for adopted children in the perspective of customary law.                Based on the results of the research, it turns out that the Indigenous people of the city of Gorontalo, in giving their inheritance to adopted children, carry out the provisions of Islamic inheritance law and some carry out customary inheritance law. For people who implement Islamic law, the adopted child does not get an inheritance but gets assets in the form of a mandatory testament and may not exceed 1/3 of the assets left behind, while for people who use Javanese customary law they determine their own in accordance with the agreement in the deliberations of experts the heir concerned. It is better for people who adhere to Javanese customs to be given knowledge about Islamic inheritance law.

Gradia Okultra Alba; Alan Siti Nurrizky

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Buying and selling is a legal relationship that has rights and obligations between the parties, including house buying and selling transactions through a House Sale and Purchase Agreement (PPJB) and Sale and Purchase Deed (AJB) carried out in front of a notary. The study has a goal, namely to find out and analyze the validity of buying and selling transactions of houses in the perspective of the Civil Code. Juridical-normatic is used as a research method whose approach is in the form of laws and literature studies. The result of this study is a house sale and purchase agreement, namely a special agreement whose rules are contained in Article 1457 of the Civil Code. The validity of this sale and purchase refers to Article 1320 of the Civil Code concerning the legal terms of the agreement. Buying and selling houses is carried out through various stages, namely the preparation of PPJB, payment of seller and buyer taxes and the process of transferring the name in AJB before a notary. Legitimacy can occur if the making of this agreement is not because there is a forced withdrawal from any party,, does not violate the provisions of laws and regalutions, decency and the public interest.

Hanifah Miftahul Jannah; Insani Nurul Qolbi; Naila Nabila Fuadi; Maulia Depriya Kembara

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2023 International Forum of Researchers and Lecturers

Sexual violence in campus settings has become an increasingly concerning issue in Indonesia. From the perspective of Pancasila as an ethical system, sexual violence is an action that contradicts the noble values of the Indonesian nation. Campuses should be a safe and comfortable environment for everyone, especially students, but the reality is that there are still many cases of sexual violence occurring within them. The purpose of this article is to discuss sexual violence in campus settings from the perspective of Pancasila as an ethical system. The method used is a qualitative approach by conducting a literature review related to sexual violence in campus settings and the values of Pancasila. The results show that sexual violence is an action that contradicts the values of Pancasila, such as social justice, fair and humane treatment, and mutual cooperation. Therefore, efforts to prevent and address sexual violence in campus settings must prioritize these Pancasila values. Some efforts that can be taken include raising awareness among students and campus staff about sexual violence, promoting a culture that values diversity and strengthens solidarity between students and campus staff, and improving the effectiveness of legal action against perpetrators of sexual violence. Thus, it is hoped that a safe, comfortable, and human rights-respecting campus environment can be created.

Linda Uril Khofifah; Ainun Najib; Sumriyah Sumriyah

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

The company is an organized institution with the aim of obtaining profits in the development of companies in the capital market and providing opportunities for the public to invest in the short, medium and long term, while it is easier for companies to obtain funds from the public investors (investors) by issuing securities both equity or debt. The purpose of this research is to find out how bonds are regulated in the Indonesian capital market from legal protection and corporate responsibility that defaults on bond investors. This study uses a normative legal research method that focuses on the study of legal perspectives and/or perspectives that explain a set of legal principles, legal norms, and legal regulations both formally and materially. The approach used in research is a conceptual approach (Conceptual Approach) where by examining through legislation and theories. Based on the research results, it is known that bond investors protect capital from the risk of company default, namely periodic reports and transparency of information, as well as guarantees (collateral) included in the issuance of bonds and the existence of sinking funds (reserve funds). Preventive legal protection for investors after a default occurs, the company continues to pay bond principal and interest (coupons) to investors in accordance with the bond agreement agreement. Companies can also be subject to civil witness administrative sanctions and even criminal sanctions.

Roman Agustian Hasan; Mutia Cherawaty Thalib; Dolot Alhasni Bakung

Jurnal Mahasiswa Kreatif 2023 International Forum of Researchers and Lecturers

This study aims to determine legal protection for online game users over the lootboox monetization system in a positive legal perspective in Indonesia, based on the title raised in this study. This research uses the type of normative juridical research. The process of collecting data from the objects studied in this study is using primary, secondary, and tertiary techniques. The data obtained by this research uses a qualitative method which explains the relationship between variables and generalizes the social phenomena studied.  The results of this study indicate that several formulations of laws and regulations that can help stabilize and defend rights and obligations from a civil perspective regarding the issue of the Lootboox Monetization System as well as in the case of the Lootboox Monetization System are inseparable from legal consequences and forms of accountability from parties who violate a law. agreement and also there are several suggestions about how the Lootboox Monetization System should be run nowadays.

Zainudin Hasan; Alika Firly; Adelia Putri Utami; Diah Eka Sari

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Domestic violence violates women's human rights. The form of violence that occurs in women is physical violence including assault, beating, and actions that physically injure the victim. Meanwhile, non-physical violence is an act that is detrimental to the victim from a psychological perspective, such as threats, insults, neglect and forms of violence that result in psychological disorders of the victim. In disclosing the existence of criminal acts of violence is the most difficult part for the authorities, because there are perspectives and risks that arise as a result of reports of acts of violence experienced by women. Women have the right to complain about illegal acts and receive protection under Law no. 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), which allows for the settlement of cases of violence against women through the courts.

Budiman, Eren Arif

DINAMIKA HUKUM 2023 Universitas Stikubank

In order to ensure the strength and existence of political parties in parliament, political parties have authority over their cadres who become people's representatives. One of the authorities of political parties over people's representatives is the Time Shift (PAW), which is used by political parties against members of the People's Legislative Assembly who come from political parties. As a result, political parties have the authority to dismiss political cadres who are found to have violated party rules or the constitution. This study will look at how problematic the Inter-Time Change of DPRD members in Paniai Regency is under Law Number 17 of 2014. The research method employed is normative research, which is defined as research based on theoretical studies, principles, or other existing written legal regulations that will then be examined from various perspectives such as theory, history, philosophy, comparison, structure and composition, scope and material, consistency, general explanations, and chapter by chapter. The Prosperous Justice Party faction encountered difficulties in implementing the AMOS KEGIBUI MUYAPA Inter-Time Alternation mechanism in the Paniai Regency DPRD. AMOS KEGIBUI MUYAPA's problems and delays are contrary to statutory regulations; therefore, Time Shift (PAW) must be carried out in order to increase the strength and existence of the Prosperous Justice Party and the opposition in parliament in order to build political strength in the face of the 2024 general election.

Arief Fahmi Lubis

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Danger or nood can occur anytime and anywhere, in this case, it can only occur in a certain area or it can even occur as a whole in the territory of a country.The purpose of this research is to give an idea that emergency constitutional law provides reasons or the basis for granting the state a right to take action in overcoming or dealing with dangerous situations.This qualitative research used a descriptive approach to collect data systematically, factually, and quickly according to the description when the research was conducted. The results of this study indicate that it is necessary to stipulate an emergency law that regulates matters of governance that due to urgent circumstances need to be regulated immediately.

Siska Ayu Anggraini

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

This study discusses the fulfillment of the rights and obligations of husbands and wives during the period of syiqoq from the perspective of Islamic law. Syiqoq, which refers to deep conflicts between husband and wife, poses a significant challenge in married life. The purpose of this research is to analyze how Islamic law regulates the fulfillment of rights and obligations during conflict and to offer solutions for its resolution. This study employs a qualitative descriptive approach using literature review methods, analyzing fiqh literature, fatwas from Islamic scholars, and other primary and secondary sources. The findings indicate that despite ongoing disputes, fundamental rights such as maintenance, protection, and housing must still be provided, and obligations like communication and consultation are essential for resolving conflicts. The role of hakam as a third party mediator is also identified as an effective mechanism for resolving syiqoq. The implications of this study provide practical guidance for couples and Islamic legal institutions in addressing marital conflicts fairly and in accordance with Islamic principles while strengthening the understanding of family law dynamics in a modern context.

Fawaid Fawaid

Tabsyir: Jurnal Dakwah dan Sosial Humaniora 2020 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Transplantation is a medical procedure performed by moving healthy organs to replace damaged organs. Currently, transplantation has been very developed and used in various countries including Indonesia. Indonesia prohibits the sale and purchase of organs because the principle of freedom of contract in Indonesia is faced with ethics, religion and culture that influence it. Indonesia also has regulations related to transplantation, namely Law No. 36 of 2009 concerning Health and Government Regulation No. 18 of 1981 concerning Clinical Cadaveric Surgery and Anatomical Cadaveric Surgery and Transplantation of Human Body Organs or Tissues and several other Ministerial regulations, but some of these regulations are known to be incomplete and tend to be unclear because there is a blurring of norms in them. Until these regulations are no longer efficient to use anymore. So the government recently issued a regulation related to transplantation, namely PP No. 53 of 2021 concerning Organ and Tissue Transplantation. Learning from some of the previous problems and also the fact that transplantation is not only problematic in its regulation but also due to Islamic law factors. The questions raised in this research are first, how is the regulation of human organ transplantation in National law and Islamic law. Second, how is the legal expediency of human organ transplantation in the perspective of National law. This type of research is normative juridical with descriptive qualitative legal material analysis. With the results of the conclusion, first, Indonesia currently has regulations regarding transplants that are more complete and clear and have been correlated quite well even though not all provisions in Islamic law are adopted in it. Second, the current transplant regulation has also fulfilled the elements of expediency, the regulation does not conflict with the law above it.

Barokah, Barokah

DINAMIKA HUKUM 2019 Universitas Stikubank

The application of sanctions for children is not the same as the application of sanctions for adults, criminal sanctions imposed on children are based on justice, truth, welfare, and the child's future, children have special characteristics and characteristics that require guidance in order to ensure their physical and mental growth as a whole. , harmonious and balanced because children are the most important pillar in determining the fate of the nation and state in the future. An addict or narcotic abuser from a legal perspective is also a criminal offender. In this study, the authors raised several problems, namely How to Implement Criminal Sanctions Against Children of Narcotics Abusers and How Judges Considerations in Deciding Narcotics Abusers in Decision No.18 / Pid.Sus-Anak / 2016 / PN Smg. The research method used in this research is in concreto. This writing aims to explain the Application of Criminal Sanctions Against Narcotics Abuse Children and Judge Considerations in Dropping Decisions Against Narcotics Abuse in Decision No.18 / Pid.Sus-Anak / 2016.PN Smg, the defendant is sentenced to sanctions for actions namely by medical rehabilitation and social rehabilitation . The sanctions obtained by narcotics criminal offenders in decision No.18 / Pid.Sus-Anak / 2016 / PN Smg are in accordance with existing regulations in Indonesia, apart from being accompanied by a person / guardian, the defendant is accompanied by a legal advisor, namely Rizka Abdurrahman SH, MH, during the examination process of the defendant did not receive discriminatory treatment / distinction, the judge in passing the verdict for the defendant has considered things that are burdensome and lighten and consider everything that is best for the child.   Keywords : Children, Narcotics, Abuse, Application of Criminal Sanctions

Daromes, Fransiskus Eduardus; ., Suwandi Ng

Dinamika Akuntansi Keuangan dan Perbankan 2015 Faculty of Economic and Business Universitas STIKUBANK

Lecturer certification is a process and forms of recognition of a faculty member associated with qualification, competenceand contribution that deserve to be called a professional lecturer. This study aims to empirically examine the effect ofcertification on faculty members in the perspective of performance measurement systems to psychological empowermentand mental model building and subsequent impact on the performance of the lecturer. The research model was built on thebasis of goal setting theory. We collected data using a mail survey on lecturers who have been certified in the province ofSouth Sulawesi, Indonesia. The selection of respondents was based on the consideration that the respondent hasexperienced the whole certification process and have benefited directly and carry out the legal consequences of thecertification. Data analysis was conducted using structural equation modeling. The results showed that the measurementsystem on lecturers certification have both positive and significant relationship to the dimensions of psychologicalempowerment and the mental models. Further more, mental models have positive and significant influence on theperformance of the lecturer. Similarly, the dimensions of psychological empowerment were positively related to managerialperformance, but only the dimension of meaning tha thave a significant effect. The research findings reveal importance ofbehavioral aspects in deciding lecturer certification systems during the certification process and the implementation.Further more, this paper contributes to the literature on lecturer certification, performance measurement systems, andmental models.Keywords: lecturer certification, performance measurement systems, mental model, and psychological empowerment,lecturers’ performance