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All Journal Kertha Patrika JURNAL MAGISTER HUKUM UDAYANA Jurnal Legalitas Pandecta Yustisia Lentera Hukum FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Dinamika Hukum SALAM: Jurnal Sosial dan Budaya Syar-i Jurnal Cita Hukum Brawijaya Law Journal : Journal of Legal Studies Jurnal IUS (Kajian Hukum dan Keadilan) Unram Law Review Jurnal Wawasan Yuridika Humani (Hukum dan Masyarakat Madani) Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Negara Hukum: Membangun Hukum untuk Keadilan dan Kesejahteraan Ekspose: Jurnal Penelitian Hukum dan Pendidikan BERNAS: Jurnal Pengabdian Kepada Masyarakat Paulus Law Journal Indian Journal of Forensic Medicine & Toxicology Jurnal Pendidikan PKn Journal Equity of Law and Governance The International Journal of Politics and Sociology Research Jurnal Dedikasi Hukum Indonesia Law Reform Journal (ILREJ) Kanun: Jurnal Ilmu Hukum Jurnal Hukum dan Pembangunan SASI Jurnal Pengabdian Hukum Indonesia
Fajrin, Yaris Adhial
Universitas Muhammadiyah Malang
Religion Agriculture, Biological Sciences & Forestry Humanities Dentistry Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Nursing Public Health Social Sciences Veterinary Other

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Considerations of the Public Prosecutor in Filing Charges and Demands for the Defendant in Sexual Violence Cases against Individuals with Intellectual Disabilities Salsabila, Feliza; Tongat, Tongat; Fajrin, Yaris Adhial
Indonesia Law Reform Journal Vol. 3 No. 2 (2023): July 2023
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ilrej.v3i2.28549

Abstract

In handling cases of sexual violence experienced by persons with intellectual disabilities,  the Public Prosecutor must have  great skills in  understanding the laws and regulations that will be used in drafting charges in court. The purpose of this study is to examine the  consideration of the Public Prosecutor in filing  charges and charges in case number PDM– 020/Eku.2/BTM/01/2022. The research method used is a  normative legal research method with a statutory approach and a conceptual approach. The results  of the study show that First, the Public Prosecutor uses/determines the charges against the maker/sexual violence for persons with intellectual disabilities in case Number: PDM– 020/Eku.2/BTM/01/2022, based on objective factors and subjective factors. Objective factors refer to factors that relate to the rules of laws and regulations. Subjective  factors are  factors that are related or related to the perpetrator and criminal responsibility which he has carried out. Criminal liability. Second,  the  Public Prosecutor's claim in case Number PDM– 020/Eku.2/BTM/01/2022 is in accordance with the principle of legal certainty. However, the legal certainty provided by the Public Prosecutor does not necessarily provide benefits for victims with intellectual disabilities.
The existence of 'Urf in the Resolution of Marriage Disputes in Islamic Law: A Living Law Perspective Luthfi, Muhammad; Fajrin, Yaris Adhial; Bachtiar, Hasnan
Jurnal IUS Kajian Hukum dan Keadilan Vol. 12 No. 1: April 2024: Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v12i1.1356

Abstract

‘Urf or customary law is a law that lives, develops, and is implemented by society. In the practice of marital disputes, people tend to implement customary law, or 'urf, first before resolving them through formal mechanisms regulated in statutory regulations. This research aims to analyze 'urf or customary law in marriage disputes from the living law aspect. This research is normative legal research that prioritizes conceptual and statutory approaches. The research results confirm that the position and existence of 'urf or customary law in marriage disputes is permissible as long as it does not conflict with Islamic law, guarantees benefits, and contributes to the successful implementation of Islamic law. Legal efforts to resolve marriage disputes through 'urf are viewed from a living law perspective because, as a law that applies and its value is appreciated by society, in marriage disputes, the role of 'urf or customary law is important to bring justice to the parties in dispute. Apart from that, legal efforts to resolve marital disputes through 'urf from a living law perspective can also be the first attempt to resolve marital disputes, and if efforts through 'urf or customary law are not successful, then efforts can be made to resolve them through procedures in the KHI and statutory regulations.
Compensation as Sanctions for the Perpetrators of Corruption in the Dimensions of Indonesian Criminal Law Renewal Kurniawan, Kukuh Dwi; Indri Hapsari, Dwi Ratna; Fajrin, Yaris Adhial; Triwijaya, Ach. Faisol
Brawijaya Law Journal Vol. 6 No. 2 (2019): State Regulations and Law Enforcement
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2019.006.02.06

Abstract

Corruption is one of the negative consequence of corporate crime. Corruption perpetrators from corporations are still relatively new in Indonesia, so legal reform is still needed, which is close to the purpose of criminal law. The existence of legal sanction in the form of compensation becomes a breakthrough for one type of sanction and can impose the perpetrator of corruption. Thus, in this study, we want to find a theoretical basis for corporate punishment that commits corruption and the existence of criminal sanctions for corporate compensation as perpetrators of corruption in efforts to renew criminal law. This study uses normative research by approaching the conceptual approach. From this research, finding a corporate foundation that commits corruption can be imposed by a criminal is in line with the purpose of punishment as well as by ius constituendum. For compensation that is an alternative to corporate punishment as a perpetrator of corruption, it can be brought down along with the principal penalty which has the purpose of accountability and reconciliation, guidance, reintegration, socialization or means of resolving conflicts to the community.
The Renewal of National Criminal Law: An Analysis of the Pancasila Law Philosophy Fajrin, Yaris Adhial; Kurniawan, Kukuh Dwi; Ishwara, Ade Sathya Sanathana
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1623

Abstract

Introduction: Reform of criminal law is an important aspect in organizing the politics of criminal law so that it can meet the legal needs of society. The legal philosophy of Pancasila occupies an important position in efforts to reform criminal law.Purposes of the Research: Reflection on criminal law renewal in terms of the legal philosophy of Pancasila.Methods of the Research: Normative legal research with conceptual, statutory and philosophical approaches.Results of the Research: The legal philosophy of Pancasila has relevance in relation to the reform of criminal law, including that the philosophy of Pancasila law can be a guide as well as a guide in both normative aspects and the practice of criminal law reform. In addition, the legal philosophy of Pancasila can also direct the orientation of criminal law reform in order to improve five important aspects of criminal law reform, namely aspects of legal substance, culture, structure, leadership, and the professionalism of law enforcement officials. The reading of Pancasila values in a hierarchical-pyramidal manner is important as a guide and direction for a criminal law reform process. Pancasila's legal philosophy has also become a norm of criticism in criminal law reform, namely providing criticism of norms and legal behavior of criminal law reform whether it is in accordance with Pancasila values or not.
Participatory Legal Empowerment in Religious Asset Disputes: The Muhammadiyah Singosari Case Fajrin, Yaris Adhial; Kurniawan, Kukuh Dwi; Iradhad Taqwa Sihidi; Agustino, Hutri
Indonesian Journal of Legal Community Engagement Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.28227

Abstract

Land disputes involving religious organizations often pose significant challenges, especially when historical documentation is fragmented or incomplete. This study focuses on a land ownership conflict between a private individual and the Muhammadiyah organization in Singosari District, Malang Regency. The main objective of this research is to assist Muhammadiyah in resolving a property dispute concerning land utilized for educational purposes, namely the Aisyiyah Bustanul Athfal 3 Kindergarten. Using a Participatory Action Research (PAR) approach, the research involved initial legal consultations, document verification, stakeholder interviews, direct field observations, and multiple rounds of coordination with both local and central leadership of Muhammadiyah. The findings show that both parties hold different legal claims: one based on an old eigendom verponding title from 1948 and the other on a recently issued land certificate (SHM) in 2023. Despite these conflicting claims, negotiation and mediation were identified as the preferred methods due to the parties' shared institutional history. The study concludes that while the resolution process is still ongoing, the PAR method facilitated a structured, inclusive, and empathetic approach. It is recommended that similar conflicts within religious or social institutions adopt early legal counseling and structured non-litigation pathways to avoid costly and prolonged litigation. Future community service programs should focus on strengthening legal awareness and improving asset documentation practices within civil society organizations
Registration Nazhir To The Minister Of Religion Of Indonesia: A Perspective Review Of The Rules Of Islamic Law Luthfi, Muhammad; Fajrin, Yaris Adhial
JURNAL LEGALITAS Vol 16, No 1 (2023)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (591.097 KB) | DOI: 10.33756/jelta.v16i1.17055

Abstract

The birth of the Waqf Law and the Waqf Implementation Regulations brought a new policy direction regarding the regulation of nazhir. Nazhir as an institution that plays a role in the process of productivity of waqf assets is required to be professional in carrying out their duties, therefore a new regulation is formed regarding the nazhir registered with the Ministry of Religion. Regulations for the implementation of waqf in several articles state the obligation to register nazhir, but the rules for these obligations are not accompanied by sanctions rules that allow punishment for those who do not implement these rules. This study discusses the policy of registering nazhir before and after the issuance of the Waqf Law and the policy of registering nazhir to the Minister of Religion from the perspective of the rules of Islamic law. This research is normative research, with a prescriptive discussion. The results of this study stated that the rules for registering nazhir before the issuance of the Waqf Law are contained in the Land Waqf Regulation and Presidential Instruction Number 1 of 1991, while the rules for registering nazhir after the birth of the Waqf Law are contained in Article 14 (1) of the Waqf Law. In terms of Islamic law, nazhir's registration rules to the Minister of Religious Affairs meet the elements of ijtihad through mashlahah mursalah and amr studies in ushuliyyah rules.
LEGAL HANDLING OF CHILD MARRIAGE AS A VIOLATION OF HUMAN RIGHTS (CRITICAL STUDY OF WOMEN'S RIGHTS IN GENDER EQUALITY FROM THE PERSPECTIVE OF CRIMINAL ISSUES AND CRIME ERADICATION) Dwiprigitaningtias, Indah; Muhammad Adystia Sunggara; Yaris Adhial Fajrin; Muhammad Bagus Adi Wicaksono; Endang Mustikowati; Liza Utama
Paulus Law Journal Vol. 5 No. 2 (2024): Maret 2024
Publisher : Fakultas Hukum Universitas Kristen Indonesia Paulus

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

Abstract

Within the framework of human rights and the effects on gender equality, this study seeks to mainly clarify the philosophical elements of child marriage. The study takes a normative legal research stance in its examination of this matter, with an emphasis on the examination of legal principles, doctrines, and norms as solutions to legal problems. Normative juridical research, sometimes called legal product research, is the methodology used in this study. According to the results of the study, there are several philosophical problems with the concept of child marriage. The practice of underage marriage is harmful on many levels and greatly hinders children's development. Child marriage must also stop if we are to reach gender equality in society, according to the report. The ideal of gender parity will remain a distant dream so long as societies practise child marriage. The reason for this is that child marriage serves to reinforce preexisting gender stereotypes and impedes societal attempts to achieve gender equality. Thus, one must take great pains to eradicate child marriage if true gender equality is to be achieved.
Ideal Double-Track System Construction for Narcotics Abusers in Indonesia Fajrin, Yaris Adhial; Hapsari, Dwi Ratna Indri; Aunuh, Nu’man; Aprilia, Iga
Jurnal Cita Hukum Vol. 10 No. 3 (2022)
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v10i3.22690

Abstract

Not only provide benefits for humans, but narcotic substances can also threaten a nation's life if the meaning is misused. There are various forms of narcotics abuse (which by Indonesia is categorized as a crime according to Law Number 35 the Year 2009), one of which is the act of using/consuming narcotics for own self against the law (illegal). The existence of narcotics abusers for themselves opens up opportunities for perpetrators to experience dependence on these substances, commonly referred to as narcotics addicts. The Indonesia Narcotics Law regulates two forms of sanctions for narcotics abusers for themselves, namely criminal sanctions and treatment sanctions in the form of Rehabilitation, which are accommodated in the double-track system model. Through normative legal research methods, this paper will provide an ideal description of the double-track system model in efforts to enforce criminal law for narcotics abusers in Indonesia so that the sentencing model can effectively solve the dependency problem experienced by perpetrators (narcotics addicts) who are in the process of committing crimes—Indonesian criminal justice.
Ethical problematics and political corruption in Indonesian elections: A review of dignified justice theory Fajrin, Yaris Adhial; Ishwara, Ade Sathya Sanathana
The International Journal of Politics and Sociology Research Vol. 12 No. 3 (2024): December: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v12i3.275

Abstract

The purpose of this research is to discuss political corruption associated with ethical problems that are factually new in the 2024 elections in Indonesia. The practice of political corruption in the 2024 elections can be said to be massive, referring to the symptoms of new totalitarianism, namely the engineering of legal and democratic mechanisms to accommodate the political interests of certain parties. Viewed from the perspective of dignified justice, in holding the 2024 elections, there are attempts to degrade and castrate the implementation and enforcement of legal norms and ethical norms at the same time. The phenomenon of money politics, the politicization of social assistance, and the engineering of legal and democratic mechanisms through the weakening of judicial institutions, in this case the Constitutional Court (MK), is proof that there is weak enforcement of legal norms and ethical norms in the 2024 elections. Therefore, the main solution to minimize political corruption is to simultaneously understand, implement, and enforce legal norms and ethical norms as the main substance of a dignified justice perspective. Meanwhile, a concrete solution to prevent or overcome political corruption during the election period is to ensure a clear separation of powers and independence in law enforcement.
Co-Authors ach faisol triwijaya ach faisol triwijaya Ach Faisol Triwijaya Ach Faisol Triwijaya Ach. faisol triwijaya Ach. Faisol Triwijaya Ach. Faisol Triwijaya Ach. Faisol Triwijaya Ach. Faisol Triwiwijaya Adinda Putri Jade Ahmad Faiz Alamsyah Aisya Sanghra Devi Nugraha Aprilia, Iga Arif Prasetyo Wibowo Aunuh, Nu'man Aunuh, Nu’man Chatarina Umbul Wahyuni Chintya Meilany Nurrahma Cony Dehas Ratna Devi Dedik Fitrah Suhermanto Diah Nadia Putri Dwi Ratna Indri Hapsari Dwiprigitaningtias, Indah ENDANG MUSTIKOWATI Endrawati, Eka Ari Grenaldo Ginting Hadi, Adwi Mulyana Hasnan Bachtiar Hutri Agustino Iga Aprilia Iradhad Taqwa Sihidi Ishwara, Ade Sathya Sanathana Izziyana, Wafda Vivid Khusnul Rofida Novianti Kurniawan, Kukuh Dwi Liza Utama Maulidiyah, Dwi Faizah Moh Aziz Ma’ruf Muhammad Adystia Sunggara Muhammad Bagus Adi Wicaksono Muhammad Luthfi Muhammad Luthfi Purnamasari, Arista Putri Putri Hijrotul Lutfiah Putri, Viorizza Suciani Radhityas Kharisma Nuryasinta Rasyid, Muh. Fadli Faisal Ratri Novita Erdianti Rosyida, Ryvina Izza Said Noor Prasetyo Salsabila, Feliza Sidik Sunaryo Syariful Alam Tongat Tongat triwijaya, ach faisol triwijaya, Ach. faisol Yohana Puspitasari Wardoyo Yuridika Prawira Rachmadi