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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.

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Alifia Syifaurrohmah; Amanah Cantik Lintang Cahyani; Surya Gilang Ramadhan

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

Citizenship plays a crucial role in the legal system and judicial process of any country, including Indonesia. This abstract examines the impact of citizenship status on legal processes in Indonesia, detailing how citizenship affects various aspects of law enforcement, particularly in the context of criminal offenses. In Indonesia, the legal system categorizes individuals as Indonesian citizens (WNI) or foreigners, with each category receiving different legal treatment in criminal cases. In criminal law contexts, the difference in citizenship status can influence several factors, including jurisdiction, legal treatment, and specific rights afforded to both offenders and victims. For Indonesian citizens, legal proceedings are generally conducted under national law, referring to the Indonesian Criminal Code (KUHP) and other relevant statutes. Conversely, foreign nationals involved in criminal acts in Indonesia are subject to special regulations that govern how these cases are handled, including international cooperation and extradition. This study reviews pertinent regulations and judicial practices in Indonesia and explores how citizenship status affects the legal rights of offenders and victims, as well as the procedural aspects of the legal system. The research method used is a qualitative approach, involving case studies and normative analysis. Case studies will include analysis of various criminal cases involving individuals with different citizenship statuses, both Indonesian citizens and non-citizens. Data will be collected through literature reviews, interviews with legal practitioners, and analysis of legal documents and court decisions. The research also addresses the challenges faced in implementing laws related to citizenship status, including issues of human rights, legal protection, and justice. The findings suggest that while Indonesian law provides different treatments based on citizenship, there is an urgent need for harmonization and reform to ensure that legal processes are fair and transparent for all individuals, regardless of their citizenship status. This insight offers guidance on how the Indonesian legal system can be improved to ensure consistent legal protection and justice for all individuals involved in criminal cases.

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.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Azzahra Azzahra; Vina Aulia Nur Pratama; Ervina Eka Saputri

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study investigates the impact of dual citizenship on political participation and national identity in Indonesia. Despite dual citizenship not being officially recognized under Law No. 12 of 2006 on the Citizenship of the Republic of Indonesia, many Indonesians living abroad encounter this status. This research employs a mixed-methods approach, combining qualitative and quantitative methods, to explore the challenges faced by dual citizens in political engagement and how this status affects their political identity. Findings indicate that individuals with dual citizenship often face legal uncertainties, difficulties in political participation, and conflicts regarding political loyalty. Comparative analysis with countries that recognize dual citizenship, such as the United States and several European Union nations, reveals that acknowledging dual citizenship can facilitate better political participation and reduce identity conflicts. Based on these findings, it is recommended that Indonesia consider reforming its citizenship policies, enhance education on political rights, and strengthen international dialogue to address the challenges associated with dual citizenship.

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Ilham Thoriq Hidayatullah; Kamelia Zahra Ardiani; An nisaa Nur Sifa Az Zahra

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

This study aims to analyze the impact of foreign direct investment (FDI) on citizenship policies in Indonesia and explore how changes in these policies can affect citizens' rights and national sovereignty. The research uses a qualitative approach with a literature review method. A literature review is a type of research conducted by collecting and analyzing existing data or scholarly articles to address problems and understand fundamental issues. The reason for using library research is that the researcher needs data from various sources such as books and previous research journals. Using this method, the researcher identifies relevant topics aligned with the research goals and then analyzes journals and books to answer questions about how FDI significantly impacts Indonesia's economy, driving growth, job creation, and global competitiveness. However, citizenship policies related to FDI require careful attention to balance investment needs with national sovereignty. Reforming policies to simplify residency and citizenship status for foreign investors could make Indonesia a more attractive investment destination, but it might also raise concerns about the impact on the rights of native citizens and national integrity. To manage these effects, Indonesia needs to develop integrated citizenship policies, conduct regular evaluations, enhance transparency, and learn from international practices. With a careful approach, Indonesia can maximize the benefits of FDI while maintaining national interests.  

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Lutfi Lailatul Hikmah; Muhammad Fahrurrozi; Muhammad Muhyihuddin Abdul Qodir Jailli

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

Citizenship is a legal status that gives a person rights and responsibilities as a citizen. Many laws in Indonesia regulate political rights, including the right to vote. One of them is Law Number 7 of 2017 concerning General Elections. Within Indonesia's democratic framework, the right to vote is an important expression of popular sovereignty, allowing voters to actively elect their leaders at both the legislative and executive levels. Fulfilling the right to vote cannot be separated from various technological, political and social difficulties that may have an impact on democracy in Indonesia. Over the last five years, several dynamics have emerged in the enforcement of voting rights regulations, including changes to regulations, election implementation, and the application of digital technology to increase election transparency and accountability. Despite the implementation of legal and technological reforms, there are still challenges in verifying permanent voter lists, especially for vulnerable groups such as people with disabilities and those living in remote locations or abroad, which continues to hinder efforts to tackle disinformation and hoaxes on social media. This research examines the political rights of Indonesian individuals, especially regarding their right to vote in general elections as regulated by law. The right to vote is one manifestation of political participation that is recognized internationally and guaranteed in various national legal instruments.

Dian Rahma Dani; Dadang Mashur

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Illegal Cigarette Fighting Operation is an organized, coordinated, simultaneous and massive operation or strategy from upstream to downstream to eradicate the circulation of illegal cigarettes. This research aims to describe the effectiveness of the Illegal Cigarette Gempur Operation in Pekanbaru City and to determine the factors inhibiting the effectiveness of the Illegal Cigarette Gempur Operation in Pekanbaru City using Campbell's theory of effectiveness in Mutiarin (2021) which is seen from the aspects of program success, target success, program satisfaction, level input And output and achieving overall goals. This research uses descriptive qualitative methods. The results of this research show that the Operation to Fight Illegal Cigarettes in Pekanbaru City is still not effective. This can be seen from several indicators of effectiveness which show that stalls that have been prosecuted are still selling illegal cigarettes, the Illegal Cigarette Fighting Operation has not been carried out thoroughly in Pekanbaru City so there are still stalls that have not been prosecuted and illegal cigarettes are still circulating as well as awareness or participation. the community in supporting the implementation of Operation Combat Illegal Cigarettes by reporting if there are still minimal finds of illegal cigarettes in their surroundings. The inhibiting factors in the effectiveness of the Illegal Cigarette Fighting Operation in Pekanbaru City are limited Human Resources (HR), resistance from the community, public knowledge and the development of smuggling modes. The suggestion from this research is that there is a need for an educational campaign that touches all levels of society, the imposition of stricter sanctions to provide a deterrent effect and an increase in the frequency of more massive enforcement.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Lukluil Maxnuun; Fatimah Nur Laily; Muthiah Prima Zahra

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Pancasila, as the foundation of the Indonesian state, plays a crucial role in the formation of law, including customary law. This research focuses on how Pancasila’s values serve as a basis for the recognition and development of customary law, which is still acknowledged within the national legal system. The urgency of this study lies in finding a common ground between national law and customary law to strengthen a just rule of law. The research method used is a normative approach, analyzing legislation and legal literature. The results indicate that Pancasila can function as a foundation for harmonizing customary law and national law, thus reinforcing Indonesia’s plural legal identity. The conclusion is that Pancasila, as the state’s foundational philosophy, provides space for the existence of customary law, as long as it aligns with the core values of Pancasila.  

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.  

Zahra Adelia

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

The collaboration between DPC PERADI Surabaya and the Surabaya City Government in providing free legal assistance is an interesting example of synergy between the public and private sectors. This research analyzes the collaboration model that was built, the obstacles faced, and its impact on government governance and fulfilling the rights of underprivileged citizens. The research results show that this collaboration model is effective in increasing the efficiency and effectiveness of legal services. However, a stronger coordination mechanism is needed to ensure program sustainability.

Ayu Winda Amelia

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The system that aims to protect the rights and welfare of children including the protection of minors. Children under age are often exposed to various types of violence, exploitation and discrimination. Therefore, various rules and regulations have been made to provide comprehensive protection. Law number 35 of 2014 concerning amendments to Law number 23 of 2002 concerning child protection regulates child protection in Indonesia. This law shows how important it is to protect children's rights, including the right to live, develop and be protected from violence. In addition, to deal with the problems faced by children, prevention and rehabilitation efforts are also very important. The game violates the law on child protection requires cooperation between the government, society, and non-governmental organizations. It is hoped that children can grow and develop in a safe and secure environment with strict supervision and law enforcement.

Nur Amalia Zahra

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Child molestation remains a serious issue in Indonesia, requiring strong legal protection and effective prevention efforts. This study aims to analyze the legal framework for child protection, the implementation of legal protection for victims, prevention efforts, and challenges in law enforcement related to child molestation in Indonesia. Using a literature review method, this research examines various current literature sources. The results show that although Indonesia has a comprehensive legal framework, its implementation still faces challenges such as child-unfriendly judicial processes and limited resources. Prevention efforts involve comprehensive sexual education and active community participation. This study recommends strengthening legal sanctions, improving law enforcement capacity, developing child-friendly justice systems, and intensifying community education programs to enhance protection and prevention of child molestation in Indonesia.

Wilbertus G. Britanye; Hilda Teli Sensa; Petrus Hyacintus R. Nau; Maria A. Bhiju; Maria I. Bau +2 more

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the efforts of local food-based entrepreneurship training to start and develop BUMDesa Duawutun, Nagawutung, Lembata. This study is based on data from the 2021-2027 Duawutun RPJMDes, explaining the inhibiting factors for BUMDes management in Duawutun Village, namely the BUMDes management is not functioning properly, the lack of Human Resources (HR) for BUMDes management, and BUMDes still lacks funds, so that in 2023 the Duawutun Village Government will dissolve BUMDes Duawutun. The method used in this activity is socialization and practice with the aim of providing explanations and honing the skills of the Family Welfare Empowerment (PKK) mothers, BUMDes administrators, and the Duawutun Village community directly. This training activity produces several local products in the form of (cassava chips and pumpkin sticks). The main targets of this activity are BUMDes administrators and PKK mothers.

Laila Nadia; Sumriyah Sumriyah

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

Marriage is a human right, as stated in Article 28B paragraph (1) of the Second Amendment to the 1945 Constitution, and marriage is explicitly regulated in Law No. 1 of 1974 on Marriage. Article 2 of the Marriage Law states that marriage must be registered according to the applicable laws and regulations. However, this cannot be fully implemented throughout Indonesia, especially in the Dsn Tanjung area, Taman Kec Jrengik Sampang. One of the factors preventing full implementation is that marriages are conducted underage. This research uses an empirical research approach, also known as field research. The purpose of this method is to investigate the applicable legal provisions and their implementation in society. The research results show that children born from unregistered marriages face difficulties in obtaining civil status and legal certainty.  

Sheptiana Indah Murianti; Sumriyah Sumriyah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The tourism potential in the Sampang Regency area is very good, one of which is rice tourism in Ataman village. Padi tourism offers beautiful views with typical village culinary attractions. However, in rice tourism there are still problems such as visitors not respecting the cultural values ​​and beliefs of the local community and managers also do not have tourist regulations. Therefore, this results in a decrease in tourist visitors so that the contribution of PADes automatically decreases. The research method used is empirical juridical research with a field study approach. Data collection in this research uses several methods including interviews, observation and literature search. The research location is Taman Village, Jrengik District, Sampang Regency. The data analysis method used in this research is descriptive-qualitative. The results of research during the MBKM KKNT show that the management of Rice Fields Tourism in Taman Village is still not well organized, considering that the management pattern of facilities and infrastructure is still lacking, especially the management does not have rules for tourist visitors, so tourism is quite quiet so that PADes decreases. Therefore, the MBKM KKNT program created a legal education program regarding the protection of tourist visitors within the framework of preventive protection. The results are quite satisfactory from the results of the socialization showing that understanding of village officials, tourism managers, the community and tourist visitors has increased, especially understanding of the substance of the Tourism Law and the Village Law. Apart from that, the management makes rules for issuing visitors based on statutory regulations and the management is improved gradually, so that tourist visitors will gradually increase and the Village Paddy will automatically increase and this will all make the Taman Village community prosperous.

Hono Sejati; Wieke Dewi Suryandari

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

This study seeks to examine the legal vacuum surrounding regional head elections that feature only a single candidate, as well as the legal implications that arise from this scenario. In a democratic system, the principle of popular sovereignty necessitates a fair and free electoral process; however, the absence of clear regulations for regional head elections with a solitary candidate can jeopardize the integrity of this principle. Employing a normative legal methodology with both legislative and conceptual approaches, this study investigates various regulations that govern regional head elections and assesses how this legal vacuum impacts the electoral process and the constitutional rights of citizens. Additionally, the study identifies several strategies to address the legal vacuum, which include establishing clear legal provisions for the election process involving a single candidate, implementing a plebiscite mechanism, and enhancing transparency throughout the electoral process. The findings suggest that a more definitive and explicit legal framework is essential to uphold the principle of popular sovereignty in regional head elections featuring a single candidate. 

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.

Gultom Rosmaida Feriana; Zainal Arifin Hosein

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

The discontinuity of regulations concerning health workers in health law legislation poses a challenge for the application of the principle of legal certainty in Indonesia. The principle of legal certainty is an essential foundation in the legal system that guarantees the rights and obligations of health workers and the community. However, there is a gap between the regulations for health workers and the principle of legal certainty, which impacts the clarity of the legal status, rights, and obligations of health workers. This research aims to examine the discontinuity between health workers' laws and the application of the principle of legal certainty, as well as the impact arising from this inconsistency. Additionally, this research identifies efforts that can be made to align labor regulation and health worker regulations with the principle of legal certainty. Using normative legal research methods through legislative and conceptual approaches, this study finds that regulatory harmonization is necessary to strengthen legal certainty in health worker regulation in Indonesia.