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All Journal Pembaharuan Hukum SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Belom Bahadat : Jurnal Hukum Agama Hindu Jurnal Anifa Studi Gender dan Anak
Astiti, Ni Nyoman Adi
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Religion Arts Education Law, Crime, Criminology & Criminal Justice Social Sciences

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PERLINDUNGAN HUKUM NASABAH DALAM PENYELENGGARAN LAYANAN PERBANKAN DIGITAL Tarantang, Jefry; Syawaliah, Syawaliah; Astiti, Ni Nyoman Adi; Kasenda, Dekie G.G.
Belom Bahadat Vol 13 No 1 (2023): Jurnal Belom Bahadat Hukum Agama Hindu
Publisher : Institut Agama Hindu Negeri Tampung Penyang Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33363/bb.v13i1.949

Abstract

Bank customer protection is designed to give customers the right to complain and resolve disputes in the banking industry. Customer protection laws and regulations in the banking industry are not good at protecting customers. Changes in services using information technology paved the way for the digital banking era. However, the spread of digital banking services also increases bank risk. The purpose of this research is to elaborate on legal protection in the development of digital banking services and protect the public from risks. Digital banking services are innovations made by banks to meet the needs of customers who are still developing their information technology. In Indonesia, the introduction of digital banking services offered by banks is regulated in OJK Regulation 12/POJK.03/2018 concerning the Introduction of Digital Banking Services in Commercial Goods Banking Services. Customers who use digital banking services have two forms of protection, namely prevention and protection.
Dismantling the patriarchal culture and optimizing gender equality in marriage law Wahyudani, Zulham; Astiti, Ni Nyoman Adi; Tarantang, Jefry
Jurnal Anifa: Studi Gender dan Anak Vol 4 No 2 (2023): November 2023
Publisher : Pusat Studi Gender dan Anak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/anifa.v4i2.6841

Abstract

This article aims to examine the patriarchal culture in the Marriage Law No.1 of 1974 and how gender relations and law strengthen gender equality in the context of marriage and family in Indonesia. This regulation is considered gender biased because of legal norms that are influenced by the patriarchal system. The Marriage Law states that a husband is obliged to protect his wife. Meanwhile, the wife is positioned as a companion and complement. This patriarchal concept has led women to stereotypes, subordination, marginalization, and domestic violence. The research method is a literature review to listen to women’s voices and examine articles (regulations) considered gender biased from a gender perspective, namely indicators of justice (access, control, participation, and benefits) and gender injustice (subordination, discrimination, stereotypes, double/multiple burdens, and marginalization). The research results show that the patriarchal culture is implied in Law no. 1 of 1974 (Article 7 Paragraph (1) implies Subordination, Article 3 paragraph (2) implies Discrimination, Article 4 paragraph (2) letters a, b, and c implies Discrimination, Article 31 paragraph (3) implies Subordination and Double/multiple burdens, Article 34 paragraph (1) implies marginalization and subordination, and Article 34 paragraph (2) implies subordinate and double/multiple burdens). Furthermore, Articles 2, 34, and 41 are considered to contain subordination (degrading women), which state that all men can automatically become heads of families who, in terms of work, are able to support their families. Meanwhile, the gender approach believes that the head of the family is a man or woman who has the power and ability to provide for their family. The conclusion is that reformulation of the Marriage Law is needed to increase the importance of a culture of gender equality in a long-lasting and happy marriage. Therefore, it is necessary to understand the new norms from a gender justice perspective to improve the lives of Indonesian people.
Rereading the Concept of Joint Property: Fiqh Literacy in the Book of Sabilal Muhtadin and the Genealogy of Sheikh Arsyad's Thoughts Tarantang, Jefry; Akbar, Wahyu; Astiti, Ni Nyoman Adi; Rollis, Rollis; Ridwan, Ahmad Hasan
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (2024): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v8i3.23016

Abstract

This research describes fiqh literacy regarding joint property which has become an academic rumor referring to the Book of Sabilal Muhtadin by Sheikh Arsyad, which is a reference for studies on joint property in Indonesia. Because of this, it is necessary to re-read the concept of joint property, which was born from the culture of the Banjar people, namely the property of taboo, which was initiated by Sheikh Arsyad, because the reference is not from the Book of Sabilal Muhtadin.This research uses a type of normative research using historical, hermeneutic, netnographic, conceptual and philosophical approaches. Data was collected by means of literature studies that refer to the book of Sabilal Muhtadin and articles and studies of parties who are concerned about the book in correspondence. The findings of this research indicate that the Islamic legal methodology used by Sheikh Arsyad regarding the concept of joint property is a product of his ijtihad taking into account the local culture of the Banjar community. Although there is a misrepresentation of fiqh literacy regarding joint assets in the Sabilal Muhtadin Book which is used as a literary reference. Sheikh Arsyad's genealogical thoughts regarding joint property, although not contained in Sabilal Muhtadin's Book, have become a local legal doctrine that has been transformed into a global insight using the methods of islah, maslahah mursalah, urf, and adatul muhakkamah.However, this concept will not be degraded, because it has been practiced for a long time and has become a living law that contains beneficial values.
THE POSITION OF SUPREME COURT REGULATION NUMBER 5 OF 2019 REGARDING GUIDELINES FOR ADDITIONING APPLICATIONS FOR MARRIAGE DISPENSATION POST THE REVISION OF THE MARRIAGE LAW Astiti, Ni Nyoman Adi; Tarantang, Jefry
Jurnal Pembaharuan Hukum Vol 9, No 3 (2022): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v9i3.27683

Abstract

The birth of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage is certainly a legal instrument as a means of achieving justice, certainty and benefits for justice seekers, especially as a condition for marriage under the minimum age limit for marriage after the revision of the marriage law. The purpose of this study is to examine the position of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trialing Applications for Dispensation of Marriage. This research uses normative method. The background findings of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Trying Marriage Dispensation Applications to complete the legal vacuum after the revision of the Marriage Law in providing a legal umbrella for the process of adjudicating applications for marriage dispensation which so far have not been clearly regulated in laws and regulations. Position of Supreme Court Regulation Number 5 of 2019 Regarding Guidelines for Adjudicating Applications for Marriage Dispensation, judges must ensure that children's statements are heard in court as an effort to prevent violations of children's rights.
Co-Authors Akbar, Wahyu Jefry Tarantang Kasenda, Dekie G.G. Ridwan, Ahmad Hasan Rollis, Rollis Syawaliah, Syawaliah ZULHAM WAHYUDANI, ZULHAM