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All Journal Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Jurnal Manajemen Pendidikan DE'RECHTSSTAAT Ensiklopedia of Journal DOKTRINA: JOURNAL OF LAW Pagaruyuang Law Journal Jurnal el-Qanuniy: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Keadilan An-Nahdlah: Jurnal Pendidikan Islam Jurnal Pengabdian Cendikia Nusantara
Yunaldi, Wendra
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Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Energy Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Medicine & Pharmacology Social Sciences

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STUDI PERBANDINGAN TENTANG TINDAK PIDANA PORNOGRAFI TERHADAP ANAK MELALUI INTERNET MENURUT HUKUM PIDANA INDONESIA DAN HUKUM PIDANA AUSTRALIA Handayani, Gusma Putri; Yunaldi, Wendra; Zulfiko, Riki
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 3 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.2015

Abstract

Child pornography is a form of sexual exploitation, so Protection of children should receive great attention. There are two dangerous things in child pornography; First, involving children in pornography is equivalent to exploiting children for the worst forms of work. Second, allowing children to access pornography will greatly impact the child's growth and development process. The purpose of this study is to determine the position of children as victims in pornography crimes, to find out legal assistance for children as victims of pornography crimes, and to find out criminal law policies towards children as victims of pornography crimes. Based on the background of the problem, it is formulated that the problem is 1) How is the regulation of child pornography law in Indonesian Law 2) How is the regulation of child pornography law in Australian Law 3) How does the regulation of pornography against children through the internet in Indonesian law and Australian Law compare.
PELAKSANAAN PUTUSAN PENGADILAN TERHADAP TINDAK PIDANA ANAK YANG DIKEMBALIKAN KEPADA ORANG TUA Nuraini, Septi; Yunaldi, Wendra; Munandar, Syaiful
Ensiklopedia of Journal Vol 6, No 3 (2024): Vol. 6 No. 3 Edisi 2 April 2024
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i3.2338

Abstract

The rapid development of culture, science, and technology has an impact on children's behavior in social life. The behavior of children in this development is by the norms and some are not by the norms. Behavior that is not in accordance with the norm will cause problems in the field of law and harm the community. So it is necessary to punish children who are regulated separately in the Juvenile Criminal Justice System with more emphasis on improving the child of the perpetrator of a crime with the aim of not merely imposing a crime but also using certain actions (maatzegel) and not punitive but for the improvement of the child. Implementing the court decisions in the form of actions such as returning children in conflict with the law to their parents, has not been carried out properly because there are still obstacles faced by the Prosecutor and Community Advisors in supervising and guiding children who are returned to their parents. This research is juridical empirical research that is descriptive. The data used is the main data, namely interviews with the Attorney and Community Advisors. Based on the results of this research on Court Decision 43/Pid.Sus.Anak/2022/PN.Pdg The child is returned to the parents, after the child is detained in the detention center from 08 October 2022 to 14 November 2022 with several extensions, then it is decided on 03 November 2022. In implementing this decision, there are two obstacles: the child is not immediately returned to the parents after being terminated due to administrative issues and the decision does not state supervision, guidance, and coaching by the Supervisor. So that the child does not receive supervision, guidance, or coaching after being returned to the parents.Keywords: children in conflict with the law; criminal acts of children, the implementation of court decisions
PENYELESAIAN PIDANA SUMBANG SALAH MENURUT PRINSIP BAJANJANG NAIAK BATANGGO TURUN DI NAGARI SALAYO Nurdianti, ulfah; Zulfiko, Riki; Yunaldi, Wendra
Keadilan : Jurnal Fakultas Hukum Universitas Tulang Bawang Vol 22 No 2 (2024): Keadilan
Publisher : Fakultas Hukum Universitas Tulang Bawang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37090/keadilan.v22i2.1467

Abstract

Abstrak Dalam KUHP zina di definisikan untuk orang yang terikat perkawinan tetapi dalam Hukum Adat Minangkabau zina tidak hanya berlaku untuk orang yang terikat perkawinan saja melainkan yang tidak terikat perkawinan juga dikatakan zina. Menurut keyakinan masyarakat Minangkabau tolak ukur suatu perbuatan zina bukan terletak dari adanya persetubuhan diluar perkawinan, namun lebih kepada adanya norma kesusilaan yang dilanggar pelakunya. Penelitian ini bertujuan untuk mengetahui bagaimana prinsip Bajanjang naiak Batanggo turun serta kendala dan upaya dalam penyelesaian Sumbang Salah di Nagari Salayo. Penelitian ini merupakan penelitian hukum empiris dengan analisis pengolahan data secara kualitatif. Hasil penelitian mendapatkan bahwa pelaku zina diberikan hukum buang dan pernah diberlakukan denda dengan 20 sak semen, karena tidak ada dasar hukum dari Nagari maka pelaku mengatakan hal tersebut berdalih kepada pemerasan. Sebagai bentuk permintaan maaf atas perbuatan zina maka diharuskan mengadakan Alek Manimbang Salah. Kata Kunci: KUHP, Zina, Hukum Adat, Bajanjang naiak Batanggo turun, Manimbang Salah. Abstract In the Criminal Code (KUHP), adultery is defined as people who are bound by marriage, but in the Minangkabau Customary Law, adultery does not only apply to people who are bound by marriage, but those who are not bound by marriage are also said to be adultery. This research aims to find out how the principles of Bajanjang naiak Batanggo turun as well as the obstacles and efforts in resolving Sumbang Salah in Nagari Salayo region. This research is empirical legal research with qualitative data processing analysis. The results of the research found that the perpetrator of adultery was given a legal ban and a fine of 20 bags of cement was imposed, because there was no legal basis from Nagari, the perpetrator said this was an excuse for extortion. As a form of apology for the act of adultery, it is necessary to hold an Alek Manimbang Salah. Keywords : Criminal Code, Adultery, Bajanjang naiak Batanggo turun, Manimbang Salah.
Judicial Review “Satu Atap” Peraturan Perundang-Undangan di Bawah Kewenangan Mahkamah Konstitusi Yunaldi, Wendra
Pagaruyuang Law Journal Volume 1 Nomor 2, Januari 2018
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v1i2.565

Abstract

The constitutional dual judicial review of the Constitutional Court and the regulation in the Supreme Court has created legal uncertainty in the legal system of Indonesia. The application of graded judicial review has a negative impact on the guarantee of the constitutional rights of the community. The hierarchical model of the prevailing law-enforcement regulation is the abandonment of the legal norms of the constitution in every level of legal product downward. Disconnection of constitutional norms only up to the level of the Act will be a denial of the rights of the people of Indonesia at all levels of statutory legislation under the law. As a rule of law, legal products have a value of truth and justice that refers to the source of the main legal order, namely the Constitution, so that Indonesia's constitutionalism can be tiered up and down down. Thus, there is no differentiation of the "legal certainty" between the 1945 Constitution and the KMPR, as well as the Act as an implementation product with various derivatives such as the Perpu, PP, Perpres, Provincial Regulations and Regency / City Regulations. The general nature of the constitutional arrangements becomes the standard of truth so that every act of government can be controlled and evaluated by the constitution. This situation is different from what is happening now, where the justice of regulation embodied by the Supreme Court is often biased toward the interests of "securing" the contents of the regulation rather than granting legal justice rights, not to mention the long waiting periods of unclear ends. MA finally failed to bring about legal justice for the community. This is where judicial review or judicial constitutional should be placed on the shoulders of the Constitutional Court so that the conception of the Indonesian legal state not only applies only at the national level, but also becomes a backbone for the community in each region through the granting of the right of the people to obtain justice through the examination of legal products that harm the constitutional rights community.
Kedudukan Hukum Hak Pengelolaan Tanah Ulayat yang Dijadikan Jaminan Pihak Ketiga dalam Kerjasama Firmansyah; Yunaldi, Wendra
DOKTRINA: JOURNAL OF LAW Vol. 7 No. 2 (2024): Doktrina:Juornal of Law Oktober 2024
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/doktrina.v7i2.11445

Abstract

This research aims to determine the basic provision of land management rights in Minister of Agrarian Regulation number 18 of 2021, the basic provision of land management rights in Minister of Agrarian Regulation Number 18 of 2021 and to determine the position of management rights which are used as collateral after the implementation of Government Regulation Number 18 of 2021 Regarding Management Rights. To find out the consequences of management rights which are used as collateral based on Minister of Agrarian Regulation number 18 of 2021. This research uses a type of normative research with statutory, case and conceptual approaches which are analyzed descriptively qualitatively. The results of this research are that there are overlapping regulations relating to land management rights which are used as collateral. The conclusion of this research is that after the enactment of Minister of Agrarian Regulation Number 8 of 2021, there is the potential to cause conflict related to collateral because there is an overlap between government regulations and ministerial regulations. number 8 of 2021
MULTIKULTURAL MENURUT HUKUM ISLAM DAN APLIKASINYA DALAM PENDIDIKAN Yuldafriyenti; Lizi Virma Surianti; Elpita Sari; Rusydi; Karim, Shofwan; Wahyuni, Sri; Yunaldi, Wendra
An-Nahdlah: Jurnal Pendidikan Islam Vol 4 No 3 (2025): Januari-April
Publisher : Institut Agama Islam Hamzanwadi NW Lombok Timur

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51806/an-nahdlah.v4i3.663

Abstract

Abstract. In Indonesia, we cannot escape from multiculturalism. The philosophy of multiculturalism encourages people to respect and interact with each other regardless of their status or origin. Multiculturalism is viewed by Islamic law as a natural and divine desire that must be upheld. Islamic values ​​such as justice, brotherhood, and tolerance offer a standard basis for resolving differences peacefully. Qualitative is the method used and the technique of collecting library study data. It is done by looking at reading sources that have the same research topic. The data taken is through books, scientific journals and other digital sources. Multiculturalism is a useful tactic in education to create a generation that is accepting, tolerant, and aware of religious values. Islamic law states that the purpose of multicultural education is to instill the values ​​of justice, equality, and tolerance. Islamic-based multiculturalism can build a learning environment that supports communication and collaboration between cultures while preserving Islamic principles. Therefore, multicultural education in accordance with Islamic law can be a way to create a just, civilized, and peaceful society despite differences. Keywords: Multicultural, Multicultural Education, Multicultural Education Of Islamic Law
Advokasi Pencegahan Cyberbullying bagi Siswa MAN 1 Kabupaten Tanah Datar Hazmi, Raju Moh Hazmi; Yunaldi, Wendra; Arman, Zuhdi; Munandar, Syaiful
Jurnal Pengabdian Cendikia Nusantara (PCN) Vol 1 No 2 (2023): Jurnal Pengabdian Cendikia Nusantara
Publisher : Lembaga Riset Cendekia, Yayasan Berkah Putera Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This service aims to provide an understanding of cyberbullying which often affects school students. The object of this service is located at MAN 1 Tanah Datar Regency, West Sumatra Province with the target being grade 12 students. From semi-structured interviews, it was found that the students did not know about cyberbullying and its impacts. In fact, they have experienced cyberbullying and admitted to having done it several times. The method for implementing this service consists of 4 (four) stages, namely Stage I analysis of the field situation of the service object, Stage II execution of the service implementation, Stage III discussion and evaluation, and Stage IV publishing the results of the service. The results of the service found that there was not yet sufficient digital literacy to prevent cyberbullying and they did not know that cyberbullying was a type of criminal act. This service contribution is able to increase literacy while providing education and mitigation planning for students.
PENGUATAN NILAI-NIAI HUKUM ISLAM DALAM MATERI MUATAN PEMBENTUKAN HUKUM NASIONAL Firdaus, Khairul; AM, Rusydi; Karim, Syofwan; Yunaldi, Wendra; Sriwahyuni, Sriwahyuni
Jurnal Manajemen Pendidikan Vol. 10 No. 1 (2025): Regular Issue
Publisher : STKIP Pesisir Selatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34125/jmp.v10i1.367

Abstract

The values The basic values contained in Islamic Law, such as justice, welfare, and legal certainty, are very relevant in the formation of national laws that are relevant to the formation of national laws. Legal certainty, are very relevant in the formation of national law that reflects the morals and ethics of Indonesian society. Reflect the morals and ethics of Indonesian society. National law development in Indonesia is a complex process, involving various issues,interests, and expectations of society. Islamic law has an important role in national legal system as one of the recognized sources of law. However, the process of integrating Islamic law with national law faces various challenges, such as diversity of interpretation, harmonization with constitutional principles, as well as obstacles in implementation. Constitutional principles, as well as obstacles in implementation. This research uses literature method with a normative approach to examine various documents and literature related to the integration of Islamic law in the national legal system and literature related to the integration of Islamic law in the national legal system. The results The results show that Islamic law contributes significantly to shaping norms and values in national law. However, there are challenges that challenges that need to be overcome, including differences in understanding, the need for agreement between stakeholders, as well as a contextual understanding of Islamic law in the national legal system. Stakeholders, as well as a contextualized understanding of Islamic law in Indonesian society.
Strategi dan Kontekstualisasi Hukum Islam dalam Hukum Nasional: Tipologi Hukum Islam dalam Realitas Sosial-Budaya Perspektif Wael B. Hallaq Ismasnawati; AM, Rusdi; Karim, Shofwan; Wahyuni, Sri; Yunaldi, Wendra
Jurnal Al-Qadau: Peradilan dan Hukum Keluarga Islam Vol 12 No 1 (2025): Juni
Publisher : Jurusan Hukum Acara Peradilan dan Kekeluargaan

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research discusses the contextualization of Islamic law in the socio-cultural reality in Indonesia. In a diverse society, Islamic law cannot be understood textually alone, but needs to consider social and cultural dynamics. This study highlights five shades of Islam in Indonesia, namely cultural, pluralist, neo-modernist, normative, and nationalist, which shape the character of Islamic legal thought in Indonesia. The contextual approach in Islamic law allows flexibility in the face of changing times without leaving the basic principles of sharia. Based on the perspective of Wael B. Hallaq's perspective, Islamic law must be designed by considering social reality to achieve benefit. This study confirms that contextualization of Islamic law is a must in order to remain relevant and applicable in people's lives. By understanding history and social dynamics, Islamic law can continue to develop as a guideline that suits the needs of the times.
Legal Review of LGBT Practices from a Human Rights Perspective Within Indonesian Law Igvirly, Rovy; Yunaldi, Wendra
DE'RECHTSSTAAT Vol. 11 No. 2 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i2.15137

Abstract

Deviant sexual behavior by LGBT (Lesbian, Gay, Bisexual, and Transgender) groups, which initially developed in Western countries, has also emerged in Indonesia in recent years. This phenomenon raises legal, moral, and religious concerns in a society that upholds Pancasila values. This study uses a normative juridical approach by analyzing laws, literature, journals, and online sources to examine the legal framework related to LGBT issues in Indonesia. The study finds that while human rights are recognized in the Indonesian Constitution, they are limited by morality, religion, and public order. The existence of LGBT is considered contrary to these values. Same-sex marriage is not justified under Indonesian law, which defines marriage as a union between a man and a woman. LGBT behavior is viewed as a deviant act that must be addressed by the state to protect societal values and legal norms. The government is encouraged to implement treatment and rehabilitation policies rather than recognition or legalization of LGBT practices, in order to maintain national identity rooted in moral and religious values.
Co-Authors AM, Rusdi AM, Rusydi Elpita Sari Firdaus, Khairul Firmansyah Handayani, Gusma Putri Hazmi, Raju Moh Hazmi Igvirly, Rovy Ismasnawati Karim, Shofwan Karim, Syofwan Lizi Virma Surianti Munandar, Syaiful Nuraini, Septi Nurdianti, ulfah Pahutar, Agus Anwar Rusydi Sri Wahyuni sriwahyuni Sriwahyuni Yuldafriyenti Zuhdi Arman Zulfiko, Riki