As-Syar'i: Jurnal Bimbingan & Konseling Keluarga

Penegakan Hukum Tindak Pidana Pembunuhan Berencana terhadap Hakim

Tedy Arman — 2024-04-02

Premeditated murder is a crime (moord), it could be said that this is ordinary murder, but the difference is that it was planned in advance. The crime of murder is an act or deed committed by a person against another person so that the act can cause the loss of a person's life, this type of criminal act is a crime against a person's life, namely primarily assault and murder, both types of murder crimes are always preceded by torture which is always appears to be a charge after a charge of murder relating to evidentiary circumstances The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. Legal System Proving Premeditated Murder Against Judges: If the murder as intended in Article 338 is carried out immediately when the intention arises, whereas the implementation of premeditated murder is postponed after the intention is established, in order to regulate the plan, the manner in which the murder will be carried out. Upholding Justice Against Premeditated Murder of Judges, the judge's legal considerations before a decision is taken so the fuel is the values, principles, concepts, appropriate theories and evidence and facts revealed at trial. So that the decisions are good and in accordance with the community's sense of justice.

Komunikasi Interpersonal Konselor dalam Mengatasi Anxiety Problem Konseli: Kajian Konseling Islam

Salman Salman — 2024-04-02

This research aims to find out how counselors' interpersonal communication works in resolving counselors' anxiety problems: Islamic counseling studies. The data mining technique in this research uses a qualitative approach using library research techniques, namely collecting data through several pieces of literature that are related to the discussion. The method used in this research is descriptive analysis. The findings obtained by the author in this research are that interpersonal communication in the counseling process is very necessary, especially during deep interviews with clients in order to overcome anxiety. Furthermore, the suggestion process is carried out in order to strengthen the counselee's mentality so that the counselee can solve the problem independently.

Analisis Pertimbangan Putusan Hakim Pengadilan Agama Wonosari Tentang Penetapan Perwalian Orang Tua Kandung

Faqih Thariqu Billah — 2024-04-02

Case Decision Nomor 39/Pdt.P/2023/PA.Wno is the decision of the Wonosari Religious Court which granted the parents' (mother's) request for guardianship of their biological child. Even though Article Pasal 47 Undang-undang Nomor 16 Tahun 2019 tentang Perkawinan, explains that children are under 18 years old and have never been married. So his guardianship power is under the responsibility of his parents. Parents as guardians represent all legal actions related to their children, both inside and outside the court. Biological parents automatically become guardians of their children without needing to determine guardianship in a religious court. It's just a civil practice that occurs in the field, the Land Deed Making Officer (PPAT) requires parents to first make a guardianship determination with the religious court, when they want to take care of their child's inherited land. Based on the description of the context of this research, there is a gap between the law (das sollen) and the legal reality that occurs (das sein).

Pengaruh Kegiatan Ekstrakurikuler Rohis (Rohani Islam) terhadap Tingkah Laku Siswa di SMPN 1 Kota Bogor

Novi Novi Novi — 2024-04-02

The purpose of this research namely: (1) to determine the extracurricular activities of rohis at SMPN 1 Bogor City, (2) to determine the behavior of students at SMPN 1 Bogor City, (3) to find out whether there is a significant influence between extracurricular activities of rohis on the behavior of students at SMPN 1 Bogor City. The data collection technique used is a questionnaire by distributing data to students who take part in extracurricular activities at SMPN 1 Bogor City, for the method used, namely surveys. The results of this study show that: (1) rohis extracurricular activities are included in the category of quite high, (2) student behavior is included in the fairly high category, (3) there is a positive and significant influence between extracurricular activities on student behavior at SMPN 1 Bogor City with a significance value of 0.000 < 0.05 then indicated by (R) which is 0.559 which is in the medium or sufficient category, because it is located between 0.40-0.60. The percentage of influence of the independent variable on the dependent variable called the coefficient of determination (R2) is 0.313 or 31.3%

Hak Tanggungan Secara Cross Collateral dalam Penyaluran Kredit

Mohammad Wendy Harmansyah — 2024-04-02

The law must be able to provide adequate protection against variations in the provision of collateral for credit facilities. This variation and legal protection relates, among others, to the existence of cross collateral in credit collateral. The type of research or approach taken is empirical legal research while the nature of the research carried out is categorized as descriptive-analytical research. Required special rules governing cross collateral. This is necessary to provide legal certainty and legal protection for both creditors and debtors in entering into credit agreements, especially if the agreements use cross collateral collateral.

Dirkursus Tafsir di Masa Para Sahabat dan Ruang Lingkupnya

Akmal Rizki Gunawan Hasibuan — 2024-04-02

This writing aims to explain the differences in interpretation of the Qur'an among friends. The research methodology uses a descriptive analysis method with a qualitative approach by applying the library research type of research. The results and discussion of this research show several pros and cons between the two interpretive views of marfu' and mauquf and the emergence of differences in interpretation among friends which are driven by two causes. First, the reason for dzatiyyah is a reason related to the personality of the commenter. For example, the level of knowledge, accuracy, ability to listen carefully or not tell stories, it could be wrong if you obey the law. The second is the reason for maudzu'iyyat, namely reasons related to the text or dilalah. Such as differences in the qiraat side, the irab side, controversies among linguists in the interpretation of sentences, the pronunciation of isytarak, am khas, muthlaq and muqayyad, haqiq and majazi, idlmar and istiqlal, sentence additions, the beginning and end of a series, muhkam and mansukh, differences in story interpretation.

Penalaran Aturan Hukum Perlindungan Identitas Agama pada Anak dalam Konsep Hadhanah di Malaysia

Fadhil Fadani — 2024-04-02

Issues in religious law and state law are inseparable from the pros and cons that conflict occurs, but the alignment in the Muslim majority society is religious, this raises an understanding of the character of religious values, one of which is to children. This study aims to educate children to behave according to religious teachings and morals. So it requires the concern of parents as the first education in the family environment, as for what is found in Malaysia is the rules regarding child custody or called hadhanah. This study analyzes the content of the existing hadhanah rules in Malaysia related to the protection of children's religion. This research uses a normative approach with the theory of maslahah mursalah put forward by Ibn Qayyim Al-Jauziyyah. This research is field research. The results of this study indicate that judges in the Syariah Court in deciding hadhanah cases make the child's religion a very important consideration. According to this article, the authors argue that the existence of hadhanah rules in Malaysia is a form of benefit in the framework of hifdz al-dinn at the hajiyah level. So as to provide religious understanding in accordance with Islamic values and principles in maintaining the religious identity of children and safety and justice.

Perlindungan Konsumen dalam Rekayasa Rating Penilaian pada Aplikasi Shopee Perspektif Mazhab Imam Asy-Syafi’i: Studi Kasus Pengguna Aplikasi Shopee di Desa Tembung Kecamatan Percut Sei Tuan

Muhammad Iqbal — 2024-04-02

High competition encourages business actors to use various methods to market their products, without paying attention to applicable rules and laws. One of the strategies used is Rating Engineering. Rating engineering is a false assessment that is often used to increase the reputation of a shop so that it is more trustworthy when people visit it when they want to shop with the aim of making buyers interested and concluding that the shop is a shop that is very popular on its site. The existence of rating engineering activities makes consumers worried about the authenticity of the goods being sold. This research discusses legal protection and the perspective of the Imam Syafi'i School regarding rating engineering activities. The aim of this research is to determine the impact of rating engineering using fake orders and consumer protection against the practice of rating engineering. The results obtained are that consumer protection has been very well regulated from a religious perspective, namely the Al-Qur'an and Hadith as well as from a legal perspective in Indonesia in Law No. 8 of 1999, so this is very strong to follow in terms of consumer protection and also obligations. business actors in carrying out their business can create a society that behaves correctly and honestly in every implementation. According to the perspective of the Imam Asy-Shafi'i School, the practice of rating engineering carried out by several online business actors on the Shopee application is haram because it violates buying and selling ethics and business ethics by committing fraudulent acts in their promotions in the marketplace.

Urgensi Bimbingan Perkawinan Bagi Calon Pengantin Dalam Mewujudkan Keluarga Harmonis

Usman Al Farisi — 2024-04-02

One of the goals of marriage is to create a harmonious family. The process of realizing a harmonious family requires the attitude of the married couple in living a household life. So the need for marriage guidance for prospective brides. In this study, researchers describe that with the urgency of marriage guidance for prospective brides followed by prospective brides, it is hoped that it will make a harmonious family so that it can form a family that can realize the defense of its family and can face and solve problems in the mahligai household. The method in this research uses a qualitative approach to the literature study method. The result of this study is that from the marriage guidance of prospective brides conducted by the two prospective spouses has urgency in realizing the household mahligai that every individual desires, namely a harmonious family, where families can get peace, comfort, compassion, and love and others.

Implikasi Keputusan Tata Usaha Negara Persetujuan Peningkatan Produksi Kontrak Karya dalam Penegakan Keadilan pada Peradilan Tata Usaha Negara

Mohamad Rizki Irmansyah — 2024-04-02

Environmental pollution occurs when the cycle of matter in the living environment changes so that the balance in terms of structure and function is disturbed. Imbalances in the structure and function of the material cycle occur due to natural processes or also due to human actions. In this modern age, there are many human activities or actions to fulfill biological needs and technological needs, thus causing a lot of environmental pollution. If there is a problem regarding environmental destruction or damage to the environment, it is almost certain that human activity is the main cause. The research method used is the Normative Juridical research type, in accordance with the objectives the author wants to achieve, the methodology in designing the thesis research uses two types of approaches, namely the Statutory Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The implications of the state administration's decision to approve increased production of work contracts, provisions containing the principle of absolute responsibility, cannot yet be implemented, considering that Article 21 of Law No. 23 of 1997 concerning Environmental Management with implementing regulations that have not been made has resulted in lawsuits in environmental cases. in courts requesting the application of the principle of absolute responsibility is often not accepted. Enforcement of environmental law through civil procedures is regulated in Chapter either based on an agreement between the parties or using the services of a mediator and/or arbitrator. A lawsuit via litigation (court action) can only be pursued if efforts to resolve the dispute outside of court are unsuccessful.

Pembatasan Usia Minimal Perkawinan dalam Hukum Keluarga Islam Studi Komparasi Indonesia dan Yordania

M. Syarfi Iqbal — 2024-04-02

The minimum age limit for marriage in Islamic Family Law is a provision that regulates the minimum age limit that must be met by individuals before legally entering into a marriage according to the principles of Islamic law. This is intended to protect the parties involved and ensure the physical, mental and emotional maturity of prospective partners before entering into marriage. This research uses a qualitative descriptive approach using literature study methods to investigate differences in minimum age restrictions for marriage between Islamic law and state policy. Data collection was carried out through direct surveys and literature searches from trusted sources, including international journals, books and e-books. The literature study method involves three essential steps: Literature Inventory, Literature Description, and Literature Comparison. The research focus is focused on analyzing laws regarding minimum age limits for marriage in various countries, with an emphasis on comparisons between Islamic legal views and implementation of state policies. The research findings produced several conclusions, including: 1) Differences in approach between Islamic law which does not set a minimum age limit and state policies such as Indonesia (19 years) and Jordan (18 years); 2) Limiting the age of marriage as an effort to protect and mature individuals in living a married life; 3) Rearranged minimum standardization divergence to prevent misuse; 4) Marriage as an institution with noble purposes, interpreted by Islamic law and adopted by the state taking into account local, social and cultural aspects.

Jamak Tanpa Safar: Solusi Alternatif Ibadah

Muhammad Habibul Amin — 2024-04-02

This article aims to explain the permissibility of combining (jamak) two fard prayers without having to travel far (safar) due to rain, busyness, traffic jams, celebrations (walimah) as a form of convenience in worship. In this condition, jamak becomes an alternative solution for Muslims because of the difficulty of fulfilling the obligation to pray in the time specified in the Qur'an and hadith. As literature research, this article will examine the plural prayer in the perspective of scholars, such as Abdurrahman bin Muhammad Ba'lawi, Yusuf al-Qardhawi, and Alwi Ahmad Saqqaf who provide rukhshah (relief) solutions in worshiping Allah. This research is qualitative in nature, which is done by collecting, analyzing, and interpreting narratives comprehensively against visual data to get a full, comprehensive, and holistic insight into the phenomenon of plural prayers for other than travelers. The results of this study indicate that combining two prayers without traveling far is permissible because of busyness, traffic congestion, and celebrations (walimah). Associated with current conditions, the situation is a form of masyaqqah that cannot be avoided so as to perform plural prayers, both taqdim and ta`khir.

Analisis Analysis of Public Transport Subsidy for Students in Medan City

Khairani Alawiyah Matondang — 2024-04-02

The population continues to increase every year, and so do transportation needs. This is inseparable from the increasing number and variety of population activities. also includes educational activities. Traveling to and from school often results in traffic jams. Apart from that, many students choose to use private vehicles. which worsens air pollution and traffic congestion. Thus, the aim of this research is to create regulations governing the use of public transportation, especially for students. can facilitate student transportation to and from school. Thus, perhaps this can be implemented in the future. This is an example of how the government can provide incentives for students to use public transportation in an effort to reduce congestion caused by the use of private vehicles. The data collection process was carried out using observation, interviews, surveys and paperwork methods, then procedures for analyzing student characteristics and analyzing subsidy mechanisms. Based on various analyzes conducted, based on these findings, 69% of students are willing to switch to subsidized public transportation

Efektivitas Diversi dalam Penyelesaian Tindak Pidana di Kepolisian Resor Kota Banyumas

Jeffry Eguh Pangestu — 2024-04-02

This research aims to determine, understand, and analyze elaboratively the effectiveness of implementing diversion and inhibiting factors faced by the police in resolving criminal acts that occur in the jurisdiction of the Banyumas City Police Department. The research method used in this paper is qualitative research with a sociological juridical approach, with analytical descriptive research specifications. The location of this research is at the Banyumas City Police Department. The types and sources of data in this research include primary data and secondary data. Primaries data were obtained through interviews and secondaries data were obtained through literature study which was described narratively and systematically. Based on the research results, it was concluded that the implemention of diversion in resolving criminal acts at the Banyumas City Police Department jurisdiction had been effective in cases that met the material and formal requirements as determined in statutory regulations such as Law Number 11 of 2012 concerning Juvenile Criminal Justice System, Government Regulation Number 65 of 2015 concerning Guidelines for Implementing Diversion and Handling Childen Who Are Not Yet 12 (twelve) Years Old, as well as Police Regulation Number 8 of 2021 concerning Handling Criminal Offenses based on Restorative Justice. Then, regarding the inhibiting factors faced by the police in implementing diversion at the investigation level, they consist of: Legal structure factors, namely the lack of understanding by internal resources, especially police officers at the lowest level (Polsek) regarding the mechanisms and rules for resolving criminal cases through diversion, Legal substance factors, namely the absence of internal police regulations that specifically regulate technical and administrative instructions for investigations (Standard Operational Procedures) relating to the implementation of diversion at the investigative level, (3) Legal culture factors, namely the community at generally, there is still a paradigm that the concept of justice for perpetrators of criminal acts is punishment or criminal imposition which focuses on the aspect of retaliation.

Penegakan Hukum, Sanksi dan Kendala Dari Pelanggaran Peraturan Daerah Nomor 13 Tahun 2012 Tentang Pengelolaan Sampah di Kabupaten Kendal

Qikhan Maulidya — 2024-04-02

Waste management is still an unresolved problem to this day. This research aims to examine problems in waste management in Kendal Regency. This research is normative legal research with a statutory approach. Data was collected using literature studies and analyzed qualitatively. Kendal Regency has several laws and regulations related to waste management, especially Regional Regulation Number 13 of 2012 concerning Waste Management and several other laws and regulations. Law enforcement in waste management refers to three legal systems which are a combination of structural, material and cultural components. Apart from that, related to law enforcement in waste management, it can be studied from 2 sides, namely preventive and repressive law enforcement. Even though a strong legal basis has been provided by regional regulations, the implementation of sanctions still faces problems. The main obstacles are low public awareness, limited resources, and technical problems in waste management infrastructure. Sanctions applied for violations of regulations include verbal warnings, written warnings and fines. Sanctions have not been able to provide significant deterrence, according to the evaluation. Therefore, this research provides suggestions for improving the law enforcement system, increasing public awareness, and overcoming technical problems so that Regional Regulation Number 13 of 2012 in Kendal Regency can be better implemented in terms of sustainable waste management. Effective law enforcement can help create a clean, healthy and sustainable environment while ensuring that each party is responsible for waste management.

Analisis Pandangan Hakim Terhadap Cerai Murtad Perspektif Hukum Islam di Pengadilan Agama Kraksaan Probolinggo Jawa Timur

Muhammad Rizky Maulana — 2024-04-02

This research examines the judge’s views on apostate divorce cases from the perspective of Islamic law at the Kraksaan Religious Court, Probolinggo, East Java. The research method used was descriptive qualitative with snowball sampling technique for sampling. Primary data was obtained from documentation and direct interviews with judges at the Kraksaan Religious Court, while secondary data came from books, laws and related journals. The results of the analysis show that the judge’s views on apostate divorce are influenced by various factors, including religious, legal, social, economic and humanitarian aspects. The judge carefully considers the reasons for apostate divorce in accordance with the provisions of Islamic law and applicable positive law. The judge’s decision in an apostate divorce case must take into account the welfare of the child, socio-cultural conditions, the couple’s economic capabilities, and the principles of justice. This research underscores the importance of judges’ decision making that is fair and balanced, taking into account all relevant factors to reach a dignified solution for all parties involved in the divorce process.

Penegakan Hukum Tindak Pidana Peredaran Narkotika oleh Oknum Anggota POLRI

Budi Waljiman — 2024-04-02

According to Law Number 35 of 2009, narcotics are substances or drugs that come from plants or non-plants, whether synthetic or semi-synthetic, which can cause a decrease or change in consciousness, loss of sensation, reduce to eliminate pain, and can lead to addiction, which is classified into groups as attached in Law Number 35 of 2009. Narcotics abuse has become a very serious issue faced by various countries, both in developed and developing countries, and one of them is Indonesia. Indonesia, which initially served as a transit country for narcotics trade, has now been turned into a destination for operations, transactions, sales, and production by international narcotics networks. This is evidenced by the numerous fields containing marijuana plants and factories producing narcotics discovered by law enforcement agencies. The research method used is a normative juridical research type, in line with the author's intended purpose, the methodology in the design of the thesis research uses two approaches, namely the Statute Approach and the Conceptual Approach. The Statute Approach is an approach carried out by examining all laws with the concept of law. The research results show that the criminal law system against members of the police force involved in narcotics trafficking, the Criminal Code only recognizes a maximum criminal system. It must be acknowledged that the emergence of this special minimum criminal sanction aims to make people afraid to commit acts as formulated in the Psychotropic Law. Problems arise when, in a specific case, the judge feels that this special minimum criminal penalty is still very severe, and law enforcement imposes criminal sanctions specified in Law No. 35 of 2009 on members of the police force who abuse narcotics, also imposing administrative sanctions, which are sanctions imposed by the relevant institution, in accordance with the main task of the police force as stated in Article 13 letter b, namely enforcing the law. Therefore, every member of the police force is required to be able to investigate and prosecute any form of criminal activity, which would be contradictory if a member of the police force commits a criminal act, as the police force should be a role model for society in implementing the law and regulations in force.

Hubungan Konflik Peran Ganda dan Stres Kerja dengan Psychological Well Being Perawat di RSUD Dr. R. Goeteng Taroenadibrata Purbalingga

Dinda Artanti Septiana — 2024-04-02

The psychological well-being felt by nurses is important because it has an optimal influence on whether nurses work or not. Psychological well-being in nurses can be caused by many aspects, including problems with multiple roles and work stress. In this way, the aim of the research is to understand the relationship between dual roles, work stress, and the psychological well-being of nurses at RSUD, Dr. R. Goeteng Taroenadibrata Purbalingga. The method taken is quantitative with a descriptive correlational design and cross-sectional design, as well as a sampling technique with total sampling. Data analysis utilized the Spearman Rank test. The output of the research was from 70 nurses at RSUD Dr. R. Goeteng Taroenadibrata Purbalingga. The majority experienced dual role conflict, which was at a moderate level; there were 32 nurses (45.7%), work stress was in the moderate category, 40 people (57.1%), and psychological well-being was in the medium category, 43 nurses. (61.4%). The results of the data analysis show that there is an influential correlation between the problem of dual roles and the psychological well-being of nurses (p-value = 0.000 and rho = 0.885). Apart from that, there is also an influential correlation between work stress and the psychological well-being of nurses (p-value = 0.000 and rho value = 0.775).

Kepastian Hukum dalam Proses Perceraian Talak di Hadapan dan Melalui Izin Mahkamah Negara Bagian dan Wilayah Persekutuan Malaysia

Az-Zahra Aulya Salsabila — 2024-04-05

Divorce that occurs outside and without permission from the court raises many legal problems, from the validity of the divorce to the non-fulfillment of the rights and obligations of husband and wife after divorce. Malaysia is a country consisting of states and an alliance area which in its Islamic family law rules regulates divorce before the court to ensure legal certainty. This paper discusses the procedures for the divorce of Malaysian citizens that must be carried out before the Malaysian Court and the rules for registering talak for divorces that have already occurred not in front of and without the permission of the Malaysian Court. The regulations for imposing divorce outside the Malaysian Court also include penalties (punishment) for violators. This paper uses a juridical-philosophical approach to explain the procedure for divorce before the court and the rules related to the registration of divorce that have been carried out outside and without the truth of the court to create legal certainty. This research is a qualitative type of literature research. The conclusion of this paper shows that the rules related to divorce before the Malaysian Court indicate legal certainty because in the process the judge examines the validity of the lafadz talak that the husband has imposed to ensure the validity of the legal status of divorce in Sharia and the state administratively, as well as the fulfillment of the rights and obligations of husband and wife after divorce.

Filsafat Hukum Islam dan Hikmah

Derta Nur Anita — 2024-04-07

Philosophy of Islamic law is the knowledge of the nature, secret, and the goal of Islam both concerning the material and the process of its adoption. Philosophy of Islamic law will make Islamic law can adapt to the conditions and needs of its day. hikmah means wisdom or deep meaning. Wisdom also means knowing the superiority of something through knowledge. Tasawuf experts interpret wisdom as knowledge of God's secrets in creating something. Scientists of Islamic law define wisdom as a motivation in law reconciliation to achieve kemaslahatan and reject kemudharatan. Philosophy of Islamic law and hikmah have similiaritis in function and purpose, even most Muslim philosophers consider wisdom to be a synonym of philosophy.

Presidential Campaign Authority in The General Election Law

Muhammad Salman Alfansuri Jacob — 2024-04-16

The President's Authority to Campaign during the General Election has recently become an interesting topic of discourse among the public. Some people think that the President should not campaign to maintain the neutrality of elections, the President's dignity, and so on. However, on the other hand, the public thinks that it is okay for the President to campaign because basically it is not the norm in the laws and regulations that has been violated. Therefore, this research aims to examine the President's authority to campaign in Law Number 7 of 2017 concerning General Elections. This research is a qualitative research with a normative approach that uses legislative regulations as the main focus to elaborate and explain comprehensively the authority of the President's campaign in the General Election Law. The data used in this research is secondary data that researchers obtained from statutory regulations, scientific journals, books, credible websites, and a number of other sources that are commonly used in every research. These data were analyzed using grammatical and teleological legal interpretation methods. The result in this articel show 1. There are two different opinions, namely those who agree with the president's campaign with the argument of maintaining ELECTION neutrality, potentially causing abuse of power, and maintaining presidential ethics. But on the other hand, they think it's okay because no rules have been violated. 2. Article 281 paragraph 1 of Law Number 7 of 2017 concerning General Elections regulates the President's ability to campaign as long as he does not use state facilities and takes leave. However, this article was interpreted differently by Bivitri Susanti because it relates to the President who will nominate again and the President must be registered in the campaign team. Apart from that, Zainal Arifin Mukhtar also has the same opinion that the President's campaign could cause legal complications and could potentially lead to the practice of nepotism. 3. The researcher does not agree with the two constitutional experts because there is an inconsistency in Bivitri Susanti's argument that initially the president was not allowed to campaign by interpreting market 281 paragraph 1 as relating to the incumbent President, but in the next sentence it seems to allow it by requiring the President to be included in the campaign team. Regarding Zainal Arifin Mukhtar's opinion, researchers consider that campaigning and nepotism are two very different things. Can campaigning is something that has not happened and is stated in the laws and regulations, whereas nepotism is something that has already happened and needs to be proven first and it does not necessarily mean that the President campaigning is nepotism. The researcher adheres firmly to the principles of Nullum Delictum, Nulla poena sine praevia lege poenali" and the fiqh rule "Al-Ashlu Fil Muamalah Ibahah Hatta Yadulla Daliil 'Ala Tahrimiha". The researcher believes that article 281 paragraph 1 has provided a comprehensive explanation regarding these abilities and the limits of the President. if you want to campaign.

Partisipasi Masyarakat dalam Pembentukan Undang-Undang Daerah Otonomi Baru Papua Perspektif Siyasah Dusturiyah

Muhammad Yahya — 2024-04-25

The goal of this research is to know whether community participation participates in the establishment of the Papua Autonomy Regional Lawship and the establishment of the new Papuan autonomy law in accordance with the legislation process and the principles of formation of law in Islam, in which this research uses the library research (library research) with the normative juridical approach. The results of this study are that the establishment of the new autonomy of Papua has not yet met the participation of Papuans to engage in the formulation and preparation of the Papua DOBE LOVE, and that the formation of the Papua's DOBE Law in the sight of Siyasah Dusturiyah does not meet the principles of deliberations, freedom of expressing opinion and Jalb al-Masalih wa dar al-mafasid (take goodness and reject the ugliness).

Strategi Organisasi Al Jam’iyatul Washliyah dalam Syiar Dakwah Melalui Media Sosial di Kota Medan

Muhaammad Andi Harahap — 2024-04-25

The development of da'wah broadcasting in Indonesia is marked by the rise of social media users in various cities, such as social media belonging to the Al Jam'iyatul Washliyah Organization which is one of the strategies for spreading da'wah with the aim of practicing Islamic teachings for the sake of happiness in this world and the hereafter. The Al Jam'iyatul Washliyah organization, better known as Al Washliyah, is an Islamic organization that successfully carries out its missionary activities through mosques, education and also social media. In this research, the researcher raised a special topic regarding the concept of spreading da'wah through social media YouTube, Facebook, Instagram. A qualitative research method was chosen for this research with a descriptive case study approach. Primary data collection techniques were carried out using interviews and direct observation, while secondary data was obtained through literature studies carried out on various reading sources that were relevant to the research topic. The research results show that social media carried out by the Al Jam'iyatul Washliyah organization among the public can make it easier for the younger generation to access information about Islamic da'wah and can also change attitudes to always listen to Islamic da'wah.

Analisis Yuridis Penyelesaian Tindak Pidana Pencurian Arus Listrik di PT Perusahaan Listrik Negara: Persero Unit Layanan Pelanggan Tanjungbalai

Silmi Kaffah — 2024-04-25

The increasing human need for electricity has led to an increase in various modes of electricity theft. The aim of this research was to determine the resolution of the crime of electric current theft at PT PLN Tanjungbalai city. The research method used is a normative juridical legal research method (normative law research), namely a legal research method by examining the implementation or implementation of positive legal provisions (legislation) and factual contracts in every legal event and achievement of goals in society. The data collection technique uses literature review as secondary data by discussing Law Number 30 of 2009 concerning Electricity and interviews as primary data to determine the resolution and prevention of acts of electricity theft in the city of Tanjungbalai. The steps taken by PT. PLN Tanjungbalai City in resolving the criminal act of electricity theft are based on the provisions stated in PT. PLN Directors Regulation Number 0028 to provide a deterrent effect and fear to the individuals who carry out the theft. PT. PLN Tanjungbalai city also carries out prevention by providing outreach about electricity to the community as an effort to increase understanding and awareness of sanctions for committing violations.

Aspek Gender Equality (Keadilan Gender) Bagi Korban dalam Undang – Undang Nomor 12 Tahun 2022 Tentang Tindak Pidana Kekerasan Seksual

Zainur Ratna Savitri — 2024-04-25

Victims of sexual harashment are often associated with vulnerable groups, namely women, children, people with disabilities and elderly people, even though groups that are not vulnerable are men who have relatively stronger physical strength than women, have better self-defense abilities, turns out to also be a victim, it means that anyone can become a victim of sexual violence. However, it turns out that there is no certainty and legal protection for all forms of gender justice for victims of sexual violence. Therefore, it is important to have and at the same time strive for legal protection in abstracto in a regulation that specifically accommodates gender justice for victims of sexual violence. Has the enactment of Law Number 12 of 2022 concerning Crimes of Sexual Violence accommodated aspects of gender justice in providing legal protection for victims of sexual violence and how is the punishment in Law Number 12 of 2022 concerning Crimes of Sexual Violence to realize gender justice for victims of sexual violence, considering Imposing criminal sanctions on perpetrators is a form of legal protection in concreto for victims, so that they have the same access to justice as humans without any gender bias in the implementation of law enforcement.

Implementasi Hak Restitusi Korban Tindak Pidana Kekerasan Seksual

Muhammad Rifky Darmawan — 2024-04-25

Sexual violence in Indonesia is increasingly prevalent, both against men and women. Victims of sexual violence have the right to restitution that must be fulfilled by law enforcement officials. However, the implementation is still not optimal if you look at the decision 80/Pid.Sus/2023/PN Kik. Therefore, this research examines the fulfillment of restitution rights for victims of sexual violence from the perspective of legal protection theory. This research uses legal research methods using statutory, conceptual, and case approaches. Decision Number 80/Pid.Sus/2023/PN Kik still does not implement the fulfillment of restitution for victims of sexual violence, which should be the obligation of the judge to determine the amount of restitution that will later be given. This is not in line with the theory of legal protection put forward by Satjipto Rahardjo and Philpus M. Hadjon. The lack of awareness of law enforcement officials to fulfill victims of sexual violence requires the protection of witnesses and victims with the Witness and Victim Companion Program.

Analisis Pembuktian Pidana Asal dalam Kasus Tindak Pidana Pencucian Uang yang Diatur dalam Undang-Undang: Tinjauan Terhadap Prinsip Hukum dan Implementasi dalam Praktik Hukum di Indonesia

Firman Anugerah — 2024-04-25

Money laundering is a serious threat to the financial stability and integrity of financial institutions in Indonesia. Proving the origin of criminal proceeds in money laundering cases is a primary focus in law enforcement efforts to combat this illegal activity. This paper provides a review of the legal principles underlying the proof of criminal origin in money laundering cases and discusses their implementation in legal practice in Indonesia.Through literature analysis and case studies, the author highlights the complexity of proving criminal origin in the context of money laundering cases. Challenges include difficulty in tracing complex financial transactions, limitations in adequate legal regulations, and the need for international cooperation for effective exchange of information and evidence. Additionally, the paper emphasizes the importance of meticulous financial analysis as a key instrument in proving the origin of laundered funds. In the context of legal practice implementation in Indonesia, this paper examines the efforts of the government and law enforcement agencies in handling money laundering cases. Despite steps taken to enhance law enforcement effectiveness, there are still challenges to be addressed, such as lack of coordination between agencies, protection of witnesses and informants, and the expertise required for complex financial analysis. Considering the relevant legal principles and challenges faced in legal practice in Indonesia, this paper concludes the need for greater efforts to enhance the capacity of law enforcement agencies, improve international cooperation, and strengthen regulatory frameworks to ensure the effectiveness of proving the criminal origin in money laundering cases in Indonesia.

Efektivitas Undang-Undang Perampasan Aset pada Pelaku Tindak Pidana Pencucian Uang Berdasarkan Hukum Pidana

Sayib Fauzi Adiansyah — 2024-04-25

Money laundering is an action to eliminate the source of money resulting from criminal acts which is later found to have been generated legally. Money laundering is a crime that is difficult to crack. Therefore, the application of legal sanctions against perpetrators must be balanced with criminal sanctions and confiscation of assets against perpetrators. This research uses a normative research type with a legal and conceptual approach. The crime of money laundering is a crime that needs attention because it is often associated with losses to the state and society, therefore legal action is needed to deter the perpetrators, but the obstacle that occurs is the punishment in Article 2 of the Assets Bill which only applies confiscation of assets resulting from crime without any punishment of criminals. This is not in accordance with the function of law. So the results and conclusions can be drawn that not implementing punishment against the perpetrator will most likely not have a deterrent effect, therefore it should be important to implement punishment and confiscation of assets because both must be implemented simultaneously as a form of firm state action to provide a deterrent effect.

Adat Teka Ra Ne’e dalam Kajian Hukum Islam di Desa Tanah Putih Kecamatan Sape Kabupaten Bima

Nadirah Nadirah — 2024-04-25

The Teka Ra Ne’e tradition is a custom carried out by the community when going to school carry out the marriage process. The aim of the Teka Ra Ne'e tradition is to lighten burden on the owner. The aim of this research is to find out the Teka Ra Ne'e traditional procession in the Tanah Putih Village community and to identify how the law views it Islam towards the Teka Ra Ne'e custom in traditional marriages in the Tanah Putih Village community Sape District, Bima Regency. The research method used is research qualitative with a descriptive approach, the collection used is observation, interviews, and documentation. The research subjects were community leaders, traditional leaders and the government Village. Data analysis using interactive models. The results of this research can be concluded that implementation of Teka Ra Ne'e in the Bima traditional wedding procession, especially in Tanah Putih Village Sape District, Bima Regency, namely: (1) Deliberation between families and community leaders, (2) Kaboro haju ka'a, (3) Ti'a haju ka'a, (4) Ndua invitation (dividing invitations), (5) Choosing Ina pangaha, (6) Ndawi Pangaha, (7) Ka eli swamp mbojo, (8) Teka Ra Ne'e, (9) Rice Shedding. Teka Ra Ne'e does not conflict with Islamic law, because it has more benefits rather than the disadvantages such as teaching cooperation (mutual cooperation), friendship, relationship close ties of brotherhood, as well as lightening the burden between people who have a celebration