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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 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.

Mauizah Hanifah; Silvi Novtrianti; Zahrah Nabila; Firman Syaputra; Wismanto Wismanto

Moral : Jurnal kajian Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research is motivated by faith in the books of Allah which is one of the fundamental articles of faith in Islam. These holy books are not just historical records or documents of civilization, but are also divine guidance presented to guide humanity. The aim of this research is to create faith in Allah's books to strengthen piety and obedience to the Creator. The research method used is a qualitative research method that focuses on a descriptive-analytical approach. Qualitative research was chosen because the main aim of this article is to explore and understand the meaning of the primacy of believing in Allah's books in the context of building piety and obedience. The researcher concludes that the result of this article is that deep faith in His books is the main basis for living a life full of blessings. This faith not only brings a person to a high spiritual understanding, but also encourages him to implement God's teachings in real ways in everyday life, both in personal, social and spiritual aspects

Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Cintya Bella Marathusholia; Zahra Riyani Aulia; Melia Agustina Ramadhani

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

This research discusses how Indonesia can integrate Pancasila values in anti-terrorism policies, amidst international pressure which often leads to harsher approaches based on the standards of Western countries. An approach that prioritizes security can conflict with Pancasila principles, such as respect for human rights and social justice. Pancasila as the basic ideology of the state emphasizes the importance of balance between individual rights and the interests of society. In facing the threat of terrorism, Indonesia needs to adopt policies that not only strictly enforce the law, but also prioritize prevention through education, community empowerment and strengthening human values. This research aims to analyze how Pancasila values are implemented in Indonesia's anti-terrorism policy and the challenges that arise in harmonization with international norms. Globalization and technological developments pose new challenges in the spread of radical ideology, so policies are needed that are responsive but still based on Pancasila. Indonesia's anti- terrorism legal policy must be able to balance tough law enforcement with a humanist and dialogical approach, in line with the spirit of Pancasila which upholds just and civilized humanity. It is hoped that this research can contribute to more humane and effective policies.

Qibty Veronica Rahma; Dina Atika Hesti; Vira Astuti; Ahmad dhany; Rahmadhona Fitri Helmi

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

Public service is a key focus for the government in improving the quality of life of the community. The implementation of e-government is the government's effort to increase the efficiency, transparency, and accessibility of public services through the utilization of information and communication technology. The Department of Population and Civil Registration (Disdukcapil) of Padang City has implemented an online service innovation called SIRANCAK to facilitate the community in accessing population administration services. However, there are still several obstacles such as lack of socialization, uncertainty in procedures, and lack of public understanding in using the SIRANCAK online service system. This study aims to analyze the reliability, responsiveness, and assurance of the services provided by the SIRANCAK online service, as well as provide recommendations to improve the quality of public services at the Disdukcapil of Padang City.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Aginra Falah Istiqomah; Muhammad Hazib Khoironi; Syahru Fajar Ibrahim

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

Islamic criminal law significantly contributes to shaping a civilized citizenry through the enforcement of principles of justice, responsibility, and respect for human rights. This article aims to analyze how Islamic criminal law, with a maqasid al-shariah approach, provides a moral and ethical foundation for developing individual character as part of a civic community. The study identifies the core elements of Islamic criminal law, such as the concepts of hudud, qisas, and ta'zir, and examines their implementation in the context of a modern pluralistic state. Using a normative-juridical method and a comparative approach, this article explores the harmonization of Islamic criminal law with the positive legal system in Indonesia. The findings indicate that Islamic criminal law not only seeks to uphold legal justice but also aims to build a society rooted in ethical and civilized values. Integrating these values into national legal policies has the potential to strengthen a civic identity that is religious, just, and civilized, while respecting societal diversity. This article recommends enhancing Islamic legal education as a strategic effort to create synergy between Islamic criminal law and the development of exemplary citizens.

Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Azmi Fauziyah; Rizki Anafis; Yusna Kamila Firdausi

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

This study explores the comparative analysis of civil rights between citizens and non-citizens, examining various regulations and their implementation in different countries. Citizenship often determines an individual's access to various civil rights, such as property ownership, access to justice, and contract rights. These differences in treatment can create injustices and discrimination against non-citizens. The study employs a normative legal approach with comparative and case study methodologies, focusing on regulations in Indonesia, the United States, Germany, and Japan. The findings reveal that in Indonesia, non-citizens face restrictions on property ownership, while in the United States and Japan, although regulations are more flexible, there are still limitations related to strategic or sensitive properties. In Germany, immigrants and asylum seekers often encounter greater legal barriers to accessing justice. Conversely, in countries like the United Kingdom and the United States, although there are no formal restrictions on contracts for non-citizens, they may face practical difficulties in accessing the necessary services to fulfill contractual obligations. The study recommends the need for more inclusive legal reforms to reduce inequalities and discrimination, and to enhance access to justice and civil rights for non-citizens. Additionally, strengthening legal aid services and international cooperation in civil law are suggested to ensure fair protection of rights for all individuals. The findings contribute significantly to the international civil law literature and provide valuable insights for policymakers in developing more equitable and sustainable policies in the era of globalization.

Zulfa Azka Azkia; Nurul Zhafirah Muslim

Moral : Jurnal kajian Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

During the glory of Islamic Civilization we encountered many influential Islamic figures who were able to master knowledge in various fields and branches of science. Many discussions werw studied by these figures. According to him, this allows us to examine the things that form the struggle of the ilama to essure that islamic value are always maintained and can entar into people’s lives, especially their application in the realm of education, this is often a factor in the development and decline of Islam in that era. Examining the understanding of knowledge from the these figures can open up insight inti the study of Islamic education that spread during the glorious era of Islam. One of them is about an Islamic sociological philosopher whose work is considered very fascinating. This research is qualitative research using research using literature review (Library Research). The source of data collection is related book literature and journal. In this research, the aouthor examines the realm of educational development according to Ibnu Khaldun. He was the one who succeeded in reviving intelectual thought in Islam in the Middle Ages.

Andi Arbaina Fariza; Bahaking Rama; Sudarni Sudarni; Fatima Azzahra

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to increase understanding and relationships related to the revitalization of noble moral values ​​in the Al-Islam Kemuhammadiyahan perspective. This research was prepared using a qualitative approach using the literature review method. Research data was collected using reference sources from several research articles and books using document triangulation. It is hoped that this research can contribute to organizations involved in helping to realize the Islamic character of the nation's next generation through education. The results of this research provide an overview and understanding of the urgency of religious integrity in building Islamic character based on noble moral values ​​in building the next generation of civilized nation. Apart from that, the implications of this research can be a guide to the formation of Islamic character and ethics, strengthening noble moral values, and can be a guide in the field of education, especially universities with Islamic nuances in designing programs that support the progressive process of revitalizing noble moral values. and maximum.

Don Alexander Intan DVG; Saryono Yohanes; Hernimus Ratu Udju

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

This study aims to find out and analyze the effectiveness of the implementation of the duties of the civil police unit in the management of dormitories/lodging in Central Ende District, Ende Regency. This research is an empirical juridical research that uses three approaches, namely the socio-legal approach, the conceptual approach and the doctrinal approach using primary data and secondary data collected using observation, interview and literature study methods. This study uses a method of processing legal materials which is processed in several stages, namely inventory of legal materials, classification of legal materials, systematization of legal materials and verification of legal materials after which it is analyzed in a qualitative descriptive manner. The results of this study show that (1) the effectiveness of the implementation of the duties of the Pamong Praja Police Unit in controlling dormitories/lodging in Central Ende District, Ende Regency can be said to be effective, because the Satpol PP of Ende Regency in collaboration with other agencies carries out their duties and authorities following the existing procedures, even though the implementation is not perfect, (2) Obstacle factors for the implementation of Satpol PP's duties in ordering dormitories/lodgings,  namely responsiveness and confrontation, compliance and understanding, limited resources, difficult cases and infrastructure constraints

Siti Mutmainah

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

Article 1 point 10 of Law Number 30 of 1999 concerning alternative dispute resolution, is a form of dispute resolution outside the court, including mediation. Alternative dispute resolution, the parties are assisted by a third party in resolving the dispute with a mediator. The alternative dispute resolution law provides a variety of non-litigation dispute resolution options. It should be emphasized that the option of dispute resolution with alternative dispute resolution is limited to disputes in the civil field. The purpose of this study is to determine the application of mediation through online dispute resolution in Indonesian laws and regulations as well as to find out the obstacles and challenges in the implementation of online dispute resolution mediation in an effort to resolve disputes in a non-litigation manner. The research method used is using the empirical juridical approach method, the research specification used in this study is descriptive analytical. The type of data in this study uses qualitative data while the data source uses primary data, namely interviews, observations, and secondary data, namely by studying the provisions of laws and regulations, other regulations, researching principles, conceptions, views, doctrines, and legal rules through books, journals, papers, and research results, the results of data analysis to answer problem issues. Conclusion The application of mediation through Online Dispute Resoution in laws and regulations in Indonesia is regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures in Court. Article 5 paragraph (3) of PERMA Number 1 of 2016 concerning Mediation Procedures in Court. The obstacles to the implementation of Online Dispute Resolution depend on the good faith of the parties and the equipment used. Mediation is difficult to reach an agreement if the parties do not provide information clearly and transparently, and are constrained by the equipment used. 

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Nancy Adhelia Frizzy; Wahyu Nur Hidayah; Anisa Nur Khoirina

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

Pancasila, as the foundation of the Indonesian state, plays an important role in the legal system, including in the context of anti-terrorism law. This study aims to explore how the principles of Pancasila function as pillars in the formation and implementation of anti-terrorism law in Indonesia. The research method used is a qualitative approach with a literature review as the main method, which includes analysis of academic literature, legal documents, and interviews with legal experts. The results of the study indicate that the principles of Pancasila Belief in One Almighty God, Just and Civilized Humanity, Unity of Indonesia, Democracy Guided by the Wisdom of Deliberation and Representation, and Social Justice for All Indonesian People provide a moral and ideological framework underlying the creation and implementation of anti-terrorism law in Indonesia. Pancasila ensures that counter-terrorism efforts remain in accordance with the values ​​of humanity, social justice, and national unity. However, challenges such as potential human rights violations and abuse of authority need to be addressed to ensure that anti-terrorism law remains in line with the principles of Pancasila. This study recommends strengthening the enforcement of human rights, inclusiveness in policy making, and periodic evaluation and revision of anti-terrorism policies to improve their effectiveness and conformity to the country's core values.

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.  

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.

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.

Gontar Nanang Dwi Saputra; Mostien Mostien

Amphibious Journal 2024 Akademi Angkatan Laut

The Indonesian Navy Academy (AAL) is an Indonesian Navy educational institution that produces young Indonesian Navy officers who are tough and ready to be placed in KRI and in Marine Battalions throughout the territory of the Republic of Indonesia. Level III Marine Corps Cadets carry out Dikko training for 3 months in the Banyuwangi area. In the training there is material on guerrilla warfare which is carried out in the guerrilla versus guerrilla stage by utilizing the surrounding area with residents as partisans for cadets who carry out guerrilla training, in this training the provision of material is given in theory and practice which is carried out around the population so that students can mingle with the surrounding population and can complete the tasks given by the trainer in accordance with the objectives of the training. There are two factors that can influence the guerrilla versus guerrilla material, namely internal and external factors, this factor greatly affects the results of the training carried out by cadets because there are geographical influences and weather influences, the trainer will look for a new location so that the training can be carried out in accordance with the objectives of the training. In the implementation of the training, the expected results are that all students can understand the material given by the trainer and can be applied in guerrilla versus guerrilla training. The results of the study using management theory (POAC) have been implemented in guerrilla warfare training at DIKKO but need to be optimized especially in planning, organizing and actuating. Optimization is carried out by providing material in class not only theory but with applicable and technical methods, in Dikko training, additional supporting personnel and training equipment are needed (for example, civilian clothing), the implementation of training at AAL is adjusted to TOP standards so that all stages of training can be carried out and can improve the knowledge of Marine Corps Cadets

Stephanie Angela Penu; Jeffry A. Ch. Likadja; Yohanes G. Tuba Helan

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

Decisions and decrees as legal instruments of the government in carrying out legal actions unilaterally, can be the cause of legal violations for citizens, in Law Number 5 of 1986 concerning State Administrative Courts and its amendments, the law explains that the object of state administrative disputes is that which contains legal actions that can have legal consequences for a person or civil legal entity, at least there is ease for the public to sue the government and request the cancellation of decisions made by the government, but due to the expansion of objects in Law Number 30 of 2014 Article 87 letter (a) includes written decisions, it also includes factual actions. Therefore, the problem formulation in this research is whether the state administrative court has the authority to adjudicate factual government actions that harm the community, how legal protection for people who are harmed by factual government actions. This research is a normative legal research with statutory, conceptual, historical, and doctrinal approaches that apply to determine the rule of law as a whole. The results showed that the expansion of the competence of the State Administrative Court to adjudicate factual actions of the government is not competent because it cannot cause legal consequences because it is not in line and contradicts what is regulated in Law Number 5 of 1986 concerning State Administrative Courts and its Amendments, the public does not get legal protection through the State Administrative Court as a result of the factual actions of State Administrative bodies/officials. Suggestions from this research are that factual actions should be removed or eliminated from the competence of the State Administrative Court and there is no need to expand the object of State Administrative disputes, for people who feel harmed by factual actions of State Administrative bodies/officials should file a lawsuit against the law to the district court.

Dela Sari Day; Orpa G Manuain; Adrianus Djara Dima

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

This study aims to find out and analyze legal protection for patients in health services in Sabu Raijua Regency. This research is an empirical  research supported by  an empirical legal approach using primary data in the form of interviews with related parties and secondary data in the form of literature books, research journals, laws and regulations, the internet, dictionaries of articles or newspapers. which was obtained using interview methods and document studies and processed and analyzed in several stages, namely editing, data systematization, verification and interpretation and analyzed in a qualitative descriptive manner. The results of the study show that (1) Legal protection for patients in health services in Sabu Raijua Regency is contained in Law Number 17 of 2023 concerning Health, Law Number 73 of 1958 concerning Criminal Law Regulations for All Regions of the Republic of Indonesia and Amending the Criminal Code (KUHP), Law Number 1 of 2023 concerning the Criminal Code (KUHP),  Burgelijk wetboek voor innesie (Civil Code). (2) Implementation of Legal Protection for Patients in Health Services in Sabu Raijua Regency Although it has been protected, in reality there are still shortcomings, namely it has not been implemented.

Desi Gustiara; Rizky Azzahra; Herlini Puspika Sari

Reflection : Islamic Education Journal 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Education has a very important role in Islamic philosophy as the main means of broadcasting, maintaining and internalizing knowledge that includes intellectual and spiritual aspects. Islamic educational philosophy views education not only as a process of transferring knowledge, but also as a medium or tool in the formation of morals and increasing individual spirituality. This article aims to research and observe the concept of education in Islamic philosophy through literature studies and analysis of classical texts by Muslim thinkers, such as Al-Ghazali and Al-Farabi, which highlight the importance of balance between intellectual intelligence and spiritual wisdom. Education in the Islamic view plays a very important role in developing individual morals and forming an ethical society, as well as in the application of Islamic values ​​worldwide. The results of the study show that education according to Islamic philosophy does not only focus on worldly aspects, but also on the formation of a complete human being, both intellectually and spiritually. With integrated education, it is hoped that individuals will be born who have superior personalities who are able to contribute positively to society. Thus, education in Islamic philosophy functions as a very important means or instrument for conveying and preserving the noble values ​​that have been passed down by Muslim intellectuals from generation to generation, as well as being a path towards the formation of a harmonious, ethical and civilized society.

Yudhi Novriansyah; Suci Sabilah

Jurnal Penelitian Manajemen dan Inovasi Riset 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This research aims to determine the influence of Leadership and Work Environment on the Performance of Civil Servants at the Regional Development Planning Agency (Bappeda) of Bungo Regency. The type of research conducted is quantitative research using the purposive sampling technique. The sample used in this study consisted of 30 respondents. The data from this research were processed and analyzed using Instrument Test, Classical Assumption Test, Multiple Linear Regression Analysis, and Hypothesis Test with the help of SPSS version 26 software.The research results state that Leadership affects the Performance of Civil Servants where t-count (2.385) > t-table (2.051) and is significant because (0.024 < 0.05). Work Environment affects the Performance of Civil Servants where t-count (3.211) > t-table (2.051) and is significant because (0.003 < 0.05). Meanwhile, simultaneously, the independent variables affect the dependent variable where F-count 9.952 > F-table of 3.34 with a probability level (0.000 < 0.05). The Coefficient of Determination (R2) value is 42.4%, with the remaining influenced by other dimensions. Through this research, it is useful to enhance knowledge and insights related to Leadership and Work Environment on the Performance of Civil Servants.