Publication Search

64,628 articles from 527 journals · 1,699 citations tracked

Showing 1-20 of 58

Analytics

Sudirwan Sudirwan

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

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

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

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

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

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

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

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

Deni Iskandar; Nurul Amalia; Muhammad Misbakul Munir

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

This research explores the Specific Time Work Agreement (PKWT) between workers and PT. Astra Autoparts. Using qualitative methods and a normative juridical approach, this research not only refers to regulations and related literature, but also involves observations and interviews with HRD and contract workers at the company. From an Islamic legal perspective, research emphasizes that PKWT must fulfill the principles of justice, equality and protection of workers' rights. The concept of "fair" (‘adl) is in focus, where respect for workers' rights and prevention of exploitation are key. It is hoped that the PKWT is in accordance with Law No. 6/2023 to create a fair work environment. The research results show that PT. Astra Otoparts has implemented PKWT in accordance with Government Regulation Number 35 of 2021 and Law no. 6/2023 concerning Job Creation. However, there are obstacles such as incompatibility of worker qualifications, lack of understanding of work contracts, lack of understanding of labor laws, and lack of understanding of government regulations regarding PKWT. Therefore, efforts are needed to increase understanding and conformity in the implementation of PKWT in order to create a fairer work environment.

Moh. Fahri; Moh. Rusdiyanto U. Puluhulawa

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

The aim of this research is to find out criminal responsibility for political parties based on the perspective of responsibility theory and to find out the ideal sanctions for political parties that obtain funds from corruption. The research method used in this research is literature or normative, namely "the process of searching for a legal regulation , legal principles, and legal doctrine in order to answer the legal problems faced. The results and discussion of this research are: 1) Political parties that obtain funds from corruption crimes can be charged with legal responsibility, this is because political parties which are legal entities are included in the definition of corporations as intended in Law Number 8 of 2010 and Law Number 31 of 1999. Apart from that, the actions of political parties who receive funds from corruption crimes are also criminal acts of money laundering as stipulated in Law Number 8 of 2010. 2) The ideal sanction for political parties involved in or obtaining funds from corruption crimes is to reduce political party financial assistance sourced from the APBN/APBD by the amount 30%, this sanction is applied to political parties whose members commit criminal acts of corruption independently or singly and do not involve political parties and sanctions for the dissolution of political parties if they commit criminal acts of corruption collectively and/or political parties that receive funds from criminal acts of corruption.

Mohamad Aditya Adjara

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

The purpose of this research is to find out how the legal rules regarding cooperation agreements in business activities are viewed from a business law perspective and what forms of cooperation in trade activities can be carried out by company management. By using normative juridical research methods, it is concluded: 1. The legal rules regarding cooperation agreements in business activities are reviewed from the perspective of business law, referring to Civil law, especially Article 1313 of the Civil Code, which states that "An agreement is an act in which one or more people bind oneself to one or more other people." So it is clear that agreements give rise to agreements, as well as the Trade Code and Indonesian laws and regulations in various forms of business entities. 2. Forms of cooperation in trading activities that can be carried out by company management, such as Mergers, Consolidations, Joint Ventures and Franchising. A merger is a combination of one or several business entities so that from an economic point of view they are one unit, without merging the merged business entities. Consolidation/merger between two or more business entities that combine themselves to merge into one and form one new business entity (consolidation). This aims to "make healthy" the business entity concerned or what is usually called restructuring. Joint Venture is an agreement between two or more parties to collaborate in an activity. Franchise Agreement in which one party is given the right to exploit and/or use the rights to intellectual property or inventions, or business characteristics owned by another party in exchange for compensation based on the terms and/or sale of goods and services. 1 Article. 2 Lecturers at the Faculty of Law, Unsrat, Manado. Master of Law.

Achmad Nur Kholis

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

This research aims to analyze the role of the Board of Commissioners in improving good corporate governance, with a focus on the legal perspective and its implementation. Good corporate governance is considered important in supporting company growth and sustainability. The method used is the normative legal research method, which is a research approach that focuses on the analysis and interpretation of existing legal norms. This research uses secondary data, such as statutory regulations, court decisions, legal theory, and the opinions of scholars as the main source of information. It is hoped that the results of this research can identify the role of the Board of Commissioners in improving good corporate governance. The legal perspective will provide an understanding of the regulatory framework that governs corporate governance, while implementation will evaluate the effectiveness of practices carried out by the Board of Commissioners. In this research, it is hoped that challenges and obstacles faced by the Board of Commissioners will be discovered in carrying out their role as well as recommendations for increasing their effectiveness. It is hoped that the results of this research can contribute to understanding the importance of the role of the Board of Commissioners in creating good corporate governance in a legal context.

Dahlianatalia Lumban Gaol; Fani Nolpiana Nadapdap; Grace Michael Sihombing; Tasya Br Marbun; Widya Helen A. Purba +1 more

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

This research discusses how women's rights in the family are protected according to Islamic law in analyzing gender discrimination cases. This study was conducted to determine gender inequality in several aspects of life, such as inheritance and inheritance. It is hoped that this research can contribute to a better understanding regarding making an important contribution in expanding understanding of the Islamic legal perspective on gender equality, which can become a reference for policy makers in promoting gender equality in Muslim societies. The research method is to use a literature study research method which includes Islamic legal discrimination in various social and geographical contexts. Public education regarding women's rights in Islam is an important key to changing perceptions and reducing gender discrimination. Legal reforms that support gender equality need to continue to be developed to create more effective protection of women's rights.

Nabilla Shafa Azzahra; Renny Supriyatni; Sridewei Anggraeni Wiyono

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

The purpose of this study is to analyse the juridical review of the inheritance of a convert heir to a non-moslem sibling in the perspective of Islamic inheritance law in Indonesia. This research was conducted using descriptive analytical normative legal research, using secondary data obtained from literature studies as the main data and using primary data, namely related legislation as supporting data, research data collection techniques using library research, and data analysis using qualitative juridical data analysis. Based on the results of the study, it shows that the judge's legal considerations when examined based on Islamic law, the siblings are already Catholic. A person who is of a different religion from the heir is cut off from the right to inherit because it is hindered by law, this is as the hadith of the Prophet Muhammad SAW and Article 171 letter c KHI. Article 172 KHI also states that a person's Islamic faith, apart from being seen from the Identity Card, can also be seen from confession or practice or testimony. The settlement of inheritance of different religions can be found through the Ijtihad method.

Endro Satoto; Zainal Arifin Hoesein

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

To ensure legal certainty in a country, various countries in the world have different legal systems which are acclimated to the needs and characteristics of each country. In general, two legal systems are commonly applied, namely the civil law legal system and the common law legal system. The civil law system is a legal system that originates from mainland Europe and is based on Roman law with the main characteristic being the existence of a codification system of the main legal principles. The three primary features of civil law legal systems are codification, non-precedential judges, and an inquisitorial judiciary. Meanwhile, the common law system is a system that refers to customs in England that are not written down and which through judge decisions are then made legally binding. The choice of the legal system will affect the preparation of legal products and the results decided. The choice of legal system significantly impacts legal products produced, whether regulations or jurisprudence. Indonesia's recent Constitutional Court verdict (90/PUU-XXI/2023) is raising concerns over its legitimacy and potential impact on the country's legal framework. Further analysis and scrutiny are necessary.

Humairah Hasan Sabaya; Weny Almoravid Dungga; Iulius T.Mandjo

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

The aims of this research are: to know and understand the juridical analysis of the cancellation of land certificates by judges in the city of Gorontalo and to know and understand the judge's considerations regarding the cancellation of land certificates from an administrative perspective. The method used in this research is normative legal research obtained through literature study and primary data obtained in the field. This research took place at the Gorontalo City District Court. The results obtained from this research are that land is a requirement to achieve legal certainty and legal protection of land rights. Conditions for achieving legal certainty and legal protection of land rights. Land registration not only functions to protect the owner, but also functions to find out the status of the land plot, who the owner is, what rights they have, how big it is, what it is used for and so on. In this different legal position, the legal assessment by the judge becomes different, where the sale and purchase deed has the position of assessing the law of the agreement and is subject to the terms of the validity of the agreement, and if it is made illegally the sale and purchase deed can be canceled by the district court. 

Alisya Ivanna Insyira; Risca Selfeny; Taufiqqurahman Syahuri

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

One of the main pillars of effective democracy is freedom of speech, which allows everyone to express their opinions and perspectives freely without fear of facing repressive actions or unjustified barriers. Everyone is entitled to the freedom of association, assembly, and speech, as stated in Article 28E (3) of the 1945 Constitution. The aim of this research is to study the legal aspects of the existence of hate speech on social media. This study examines the current legal framework governing freedom of speech and efforts to protect human rights in relation to racial harassment by reviewing existing legal regulations. The research method employed is literature review (bibliographical study). In legal research, the normative jurisprudence method is based on legal provisions such as human rights books' regulations, as well as information from research journals related to the research subject. Initial research findings suggest that hate speech is not a form of freedom of speech, and society should not respond to hate speech with more hateful speech. Instead, they can report hate speech content to the Ministry of Communication and Informatics for removal. The Information and Electronic Transactions Law (ITE Law) can serve as a resolution due to the existence of hate speech on social media by proving the occurrence of hate speech, whether it involves defamation or hate speech against Ethnicity, Religion, Race, or Inter-group relations.   Keywords: HAM, ITE Law, Hate Speech

Imania Fathu Zahra

Journal of Administrative and Sosial Science (JASS) 2023 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Papua gets Special Autonomy based on Law Number 21 of 2001, while Aceh gets Special Autonomy based on Law Number 18 of 2001 an Law Number 2006. This Special Autonomy is a political solution, a legal solution and a solution to achieve prosperity to overcome security problems and demands for separation from the Unitary State of the Republic Of Indonesia (NKRI). This happened when Indonesia was experiencing a vibrant democracy. Legislative Regulations are rules made by the Government. It includes things such as local democracy, people’s welfare and the protection of human rights in our country. The research method used in this research uses the library research method. Literature study is the first step in the information gathering method. From the research conducted, it appears that the Special Autonomy regulations, which are supposed to be responsive in their implementation, are still experiencing many problems. The use and continuation of the Special Autonomy Law still needs to be explained better so that it remins the same and is in line with achieving social happiness.

Muhammad Zaidan Nibroos; Syalika Ayu Wulandari; Indri Anzelina; Arbansyah Arbansyah

Kegiatan Positif : Jurnal Hasil Karya Pengabdian Masyarakat 2023 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

As of October 30, 2023, about 186,535 people living in Samarinda City must have a Citizenship Card (CTP), but only 11,525 people have a Digital Identity (IKD). Using the internship methods carried out by Muhammadiyah Kalimantan East University Computer Engineering students at the Samarinda Civil Registration and Population Service, this study investigates these differences. The research conducted observations, interviews, and document analysis to describe the challenges in the adoption of ICTs, including how effective the process was and the opinions of officials. The results provide students with a perspective on public IT and legal foundations and technical guidelines governing ICTs. The aim of this research is to help Disdukcapil improve administrative efficiency and increase public acceptance of digital identity technologies.

Siti Nur Magfirah A. Hudodo; Nur Mohamad Kasim; Sri Nanang Meiske Kamba

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

This research aims to find out the juridical perspective on polyandrous marriages and what the legal consequences of polyandrous marriages are in the Gorontalo Religious Court. This research uses normative legal research methods or normative juridical research. This normative research includes library research or document study, because the objects studied are official public documents, namely official data from the Gorontalo Religious Court. Legal research carried out by examining library materials or secondary data alone can be called normative legal research or library legal research supported by empirical data. The results of this research show that the legal consequences of polyandrous marriages in the Gorontalo Religious Court are that the biggest difficulty in polyandry is that the father of the child is not known, so that in this model of marriage the relationship between father and child is uncertain. Just as sexual communism has no foothold, so polyandry cannot be popular in any society. Therefore, family life which is a safe building of protection for the next generation and a strict connection between one generation and the next is an instinctive demand of human nature.

Irwan Triadi; Nurrachma Maharani

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The military intervention carried out by the Indonesian National Army (TNI) in the conflict in Intan Jaya Regency, Papua, has raised serious concerns regarding compliance with legal standards and human rights (HAM). The actions of the Indonesian National Army (TNI) which resulted in the deaths of three Papuans raise doubts about respect for individual rights to life and security. In conflict situations, it is important to ensure that human rights, especially the right to life, are respected and protected. For example, in Law no. 34 of 2004 which regulates the use of weapons by the Indonesian National Army (TNI) in peaceful conditions, allows the use of weapons only with written permission from superiors and in the context of maintaining security and requested. In the context of this case, the shooting at the Sugapa Community Health Center did not have written permission from the Indonesian National Army (TNI) superiors, which is a serious violation of law. This violation raises questions about the accountability of security forces and the need for law enforcement in cases of gun shooting by members of the Indonesian National Army (TNI) outside of emergency situations. The situation in Papua creates ongoing challenges. Armed groups in the region often threaten national security and the safety of security forces. In the face of serious threats to state sovereignty, the government, and the Indonesian National Army (TNI) may feel forced to take decisive action. However, these actions must still comply with legal and human rights standards and ensure that human rights and the right to life of individuals are fully respected. This research is normative in nature with a focus on analysis of the legal framework that regulates the use of weapons by the Indonesian National Army (TNI). Normative research methods are used to state consistency and compliance with applicable regulations. Through this approach, the research aims to provide a legal perspective on erasure actions in Papua, as well as asking whether these steps are in accordance with applicable legal and human rights principles. It is hoped that the results of this research will provide a basis for recommending improvements to policies and actions that support law enforcement and human rights protection in the context of conflict in Papua

Misri Kholidah Nasution

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

The purpose of this research is to determine: (1) The influence of personal appearance on household integrity, (2) The concept of improving appearance in maintaining household integrity from an Islamic legal perspective. The type of research used in this research is qualitative research. In this qualitative method, research is carried out directly in the field or at the research location. The research approach used in this research is in the form of a library study (Library Research). Based on the research results and discussion in this research, it can be concluded that: The influence of personal appearance on the integrity of the household in order to maintain good relationships and relationships between husband and wife, in addition to having good morals. good and wise behavior, maintaining one's appearance also has a significant impact in maintaining the husband-wife relationship. Therefore, it is often recommended that wives look attractive by wearing nice clothes, quality cosmetics and perfume when in front of their husbands. The concept of improving appearance in maintaining the integrity of the household from an Islamic legal perspective is divided into two, namely: (a) Improving appearance which is permissible and this is only limited to in front of the husband or only for the husband, including: wearing perfume, wearing eyeliner, and using eye lenses or contact lenses, ( b) Improving your appearance, which is absolutely haram for reasons for your husband or to increase your personal beauty, is shaving your eyebrows or embroidering your eyebrows and attaching your hair.    

Muh. Iksan Putra Kai; Dian Ekawaty Ismail; Suwitno Yutye Imran; Suwitno Yutye Imran

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

This research aims to find out what the judge's forgiveness policy (rechterlijk pardon) is in the New Criminal Code, to find out how the rechterlijk pardon formulation in the Dutch Criminal Code compares and to find out what the challenges of rechterlijk pardon (judge's forgiveness) will be in the future. The research method used is juridical-normative with a statutory approach and a case approach. The research results show that Rechterlijk Pardon puts a different concept in giving space to judges in handing down guilty decisions without criminal penalties. Before being ratified, the principle of judge forgiveness was already used in several countries, for example the Netherlands. Even judges in Indonesia have made several decisions that contain the value of the judge's forgiveness. In connection with the analysis of Rechterlijk Pardon's challenges, it is viewed from the perspective of law enforcement and legal culture in society.    

Zamaluddin Zamaluddin; Abdul Rochim; Mabruri Andatu; Rifki Saputra

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

Sharia shares are a form of ordinary shares which have special characteristics in the form of strict control regarding the halal scope of business activities. One of the shares listed on the stock exchange belongs to BRI Syariah. Bri Syariah is a sharia bank that has sharia shares. BRI Syariah with the ticker BRIS conducted an initial share offering. Currently, many people are interested in BRIS shares. The increase in BRIS shares is due to the increasing number of people showing interest in sharia finance. Sharia capital markets are capital market activities that do not conflict with sharia principles in the capital market. The explanation of the phenomena stated above provides a gap that requires urgent further research related to the law of buying and selling BRIS shares in the sharia share community from the perspective of Islamic and positive law. This research is normative juridical research that is qualitative in nature. Normative juridical research is a process for determining legal rules, legal principles and legal doctrines. In this research, the approach used is a statutory approach and an analytical approach. From the results of the author's research, it was found that the process of buying and selling BRIS shares from an Islamic legal perspective must avoid several aspects, namely Bai' al-Hamisy and Bai' al-Maksyuf. The practice of buying and selling BRIS shares in the Sharia Shares Community begins with a contract process that is adapted to DSN-MUI No.80 of 2011 and the process of buying and selling BRIS shares from a positive legal perspective has been carried out safely and in accordance with Financial Services Authority (OJK) regulations. buying and selling BRIS shares is permitted based on the perspective of Islamic law. The perspective of Islamic law regulates that buying and selling must avoid several aspects, namely Bai' al-Hamisy and Bai' al-Maksyuf. The practice of buying and selling BRIS shares in the Sharia Shares Community begins with a contract process adapted to DSN-MUI No.8 of 2011, namely mudharabah, ijarah, musyarakah and syirkah contracts.                                  

Syukria Hannum

Jurnal Relasi Publik 2023 International Forum of Researchers and Lecturers

This research aims to determine the method of determining lineage in Islamic law. And to find out the perspective of Islamic law and sharia maqoshid on DNA testing as a determinant of nasab. This research was carried out using library research and paying attention to the field (Field Research). Literature study is a process of searching for various literature, the results of studies related to the research to be carried out. Literature study can be likened to a key that will open everything that can help solve research problems. The research results show that the method for determining lineage in Islamic law is (1) by legal marriage or Fasid marriage, based on the hadith: الوَلَدُ لَلْفِرَاشِ with the meaning of the word firasy being a wife who has been married, (2) method of recognizing lineage or descent, (3) method proof (bayyinah), namely the testimony of two men, or a man and two women. Thus, determining lineage by evidence is stronger than just by confession, because evidence to date is the strongest reason to determine and decide a case, (4) and the tasammu' method. According to Dr. Wahbah al-Zuhaili, determining lineages is permitted through tasammu' as in the law of marriage or wedding night, mendukhul wife, radha', birth and death. And this was agreed upon by the imams of the four schools of thought. That the perspective of Islamic law and maqoshid sharia regarding DNA testing as a determinant of lineage is hifz nasal (protecting offspring). Because the DNA test serves to free him from the accusations leveled against him, and he ensures that the accusations are not true, and proves his child's lineage to his father and this is the child's right, and reassures the husband's soul and erases the doubts in his heart. And a wife who doesn't want to do a DNA test even though her husband urges her is to cover up a certain disgrace, and the maqashid of sharia is hifdul irdh (maintaining self-respect). This is in accordance with the word of Allah SWT in Surah An-Nur verse 19 which shows the recommendation to cover up one's own and other people's disgrace, and to make sure to keep disgrace a secret, as explained by Yusuf Qardawi.