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Nahdliyah, Hadziqotun
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Humanities Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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A COMPARATIVE STUDY OF JUDICIAL RESTRAINT AND ACTIVISM ON THE MATERIAL REVIEW OF PRESIDENTIAL THRESHOLD IN THE CONSTITUTIONAL COURT NAHDLIYAH, HADZIQOTUN; SASTRADINATA, DHEVINAYASARI; WINARNO, JATMIKO; TJAHJANI, JOEJOEN; YANTO, M.
Jurnal Independent Vol. 11 No. 1 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i1.213

Abstract

AbstractThe doctrine of Judicial Restraint and Judicial Activism has become a debate indemocraticcountriesondecisionsrelatedtothepresidentialnominationthreshold(presidential threshold) made by the Constitutional Court. In the application of judicialrestraint, judges are more self-limiting in deciding a case and are more restrained in theirauthority, in contrast to judicial activism which is more active and brave in providing newlegal breakthroughs on the norms being tested. In this paper, the formulation of the problemto be discussed is How the Decision of the Constitutional Court Judges Applying the Doctrineof Judicial Restraint Against the Presidential Threshold Lawsuit in the Presidential Electionand the Development of Democracy in Indonesia and How the Relationship between theDecision of the Constitutional Court Judges Using the Doctrine of Judicial Activism Againstthe Presidential Threshold Lawsuit in the Presidential Election and the Development ofDemocracy in Indonesia. This paper also uses normative legal research methods, which is aprocess to analyze legal rules, legal principles and legal doctrines. The problem approach inthis writing is the statute approach and conceptual approach.
Judicial Pardon as an Alternative to a Judge's Decision Ningtias, Ayu Dian; Nahdliyah, Hadziqotun; Shofa, Ahmad Faris
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.365

Abstract

ABSTRACT There is a new concept in the renewal of criminal law, namely judicial pardon, this concept is also adopted by the Dutch legal system, in simple terms where the judge can forgive the defendant who is legally and convincingly proven to have committed a criminal offense. The formulation of the problem in this study is how the legal consequences of the enactment of the principle of judicial pardon in the Criminal Code 2023. From this research, the author analyzes that the legal consequences of the enactment of the principle of judicial pardon will largely have an impact on the character and nature of Indonesian criminal justice, and also has the potential to be one of the solutions to the current overcrowding problem. But the regulation of judicial pardon is still less specific, it also needs to be regulated in the Draft of the Criminal Procedure Code, such as in the form of a judicial pardon decision, there needs to be confirmation of the terms of judicial pardon, and it is also necessary to set limits or signs in order to obtain legal certainty and later not become a rubber article or become a multi-interpretation among judges.
Legal Protection for the Owner of Brand Rights According to Law Number 20 / 2016 of Trademark and Geographical Indication (Trademark And Geographical Indication) Nahdliyah, Hadziqotun; Khitam, Muhammad Chusnul; Fitri, Rika Izatul
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.368

Abstract

ABSTRACT According to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, brand owners must register their brands with the Directorate General of Intellectual Property in order to maintain healthy, fair business competition and obtain legal protection. Based on the background above, the author proposes a problem formulation, namely how is the legal protection for brand rights holders according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications? This research method uses a normative legal research type, with a statute approach. The legal materials used are primary legal materials which include: Law Number 20 of 2016 concerning Trademarks and Geographical Indications and Law Number 8 of 1999 concerning Consumer Protection. From the results of the study, it can be concluded that legal protection of brand rights has been regulated in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The law explains that brands will get their rights to obtain protection and legal certainty on the condition that the brand must be registered first. If an irresponsible party is found using another person's brand without the knowledge and permission of the original owner of the brand, then this is included in brand imitation. The parties who do this can be threatened with criminal or civil charges.
Legal Review of Embezzlement of Funds in Corporate Crimes Sastradinata, Dhevi Nayasari; Nahdliyah, Hadziqotun; Sidiq, Kidung Alfiani
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.379

Abstract

ABSTRACT One prevalent form of criminal offense within society is embezzlement, and this crime continues to occur across various sectors of society, spanning individuals from different socioeconomic backgrounds. This research aims to examine how embezzlement of funds is regulated within a corporation and to explore the accountability of embezzlers in corporate crimes. The study employs a juridical normative method, utilizing primary legal resources. The findings indicate that implementing direct criminal accountability on public corporations in the context of embezzlement unveils several relevant considerations. Placing public corporations as entities directly responsible for criminal acts sends a strong signal that any unlawful actions will not be tolerated, regardless of the perpetrators within the corporation. Involving senior officials or corporate leaders in criminal accountability encourages transparency and accountability within the corporate leadership structure, emphasizing the importance of integrity in decision-making processes. The restitution of rights for aggrieved victims emerges as a key aspect in addressing embezzlement crimes.
Accountability of Village Head's in The Use Allocation of Village Fund Nahdliyah, Hadziqotun; khitam, Muhammad chusnul; Priyadi, Ferdhi Riski
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i2.324

Abstract

ABSTRACT The management of village funds needs to be assisted so that they are used according to the rules. The problem formulation is: What is the Accountability of the Village Head in Using the Village Fund Allocation? Management of Village Fund Allocations is regulated in Law Number 3 of 2024 concerning the Second Amendment to Law Number 6 of 2014 concerning Villages. The realization of the Implementation of Village Fund Allocations is reported in each fiscal year no later than 3 (three) months after the fiscal year ends along with the APBDesa Accountability to the Regent through the Subdistrict Head. Apart from the administration and implementation aspect, there is criminal legal liability in the management of Village Fund Allocations related to misuse of Village Fund Allocations by the Village Head, which can occur because of not following the Budget Plan or because of the Village Head's behavior and lifestyle which causes state losses.
Legal Review of Consumer Protection Against Ilegal Internet Network Providers Nahdliyah, Hadziqotun; Isnaini, Enik; Anwar, Ahmad Brain
Jurnal Independent Vol. 12 No. 2 (2024): Jurnal Independet
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v12i2.332

Abstract

ABSTRACT The development of technology that almost all require Internet access. The Internet plays an important role in the globalization process. With business opportunities, there are some internet network providers who run their businesses without paying attention to applicable regulations so that in the future it can cause losses that have an impact on internet network consumers who have subscribed to the internet network business actors. The formulation of the problem in this study is: How is the legal protection of consumers as victims of illegal internet network providers. This research method uses a normative legal research method using a legislative approach and a conceptual approach. The legal materials in this study are primary legal materials and secondary legal materials. The results of this study can be concluded that before subscribing to an internet network, prospective customers must know the regulations that have been regulated in Law Number 8 of 1999 concerning Consumer Protection in order to minimize losses, in the law it has been regulated regarding consumer rights and obligations. Internet network consumers who are negatively impacted by illegal internet network providers have the right to protection such as access to information and assistance, the right to compensation, law enforcement, and prevention of violations that may occur in the future.
LEGAL PROTECTION AGAINST CONSUMERS IN E-COMMERCE TRANSACTION Muljono, Bambang Eko; Sastradinata, Dhevi Nayasari; Nahdliyah, Hadziqotun; Putri Ayu Wangi, Yasmin Pinasti
Jurnal Independent Vol. 10 No. 1 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i1.344

Abstract

Abstraction With the characteristics of e-commerce like this, consumers will face various legal problems and the current legal protection regulations for consumers have not been able to protect consumer rights in cross-border e-commerce transactions in Indonesia. In e-commerce transactions, there are no more country boundaries, so the consumer protection laws of each country like Indonesia's will not be enough to help, because e-commerce operates across borders. In this connection, legal protection for consumer rights must be carried out with an international approach through harmonization of law and cooperation with law enforcement institutions. In 2008, the Indonesian government issued Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions. In this Law on Information and Electronic Transactions, it is regulated regarding electronic transactions, one of which is activities regarding buying and selling in this internet media.
SOLAR VEHICLES FROM ENVIRONMENTAL LAW PERSPECTIVE Tjahjani, Joejoen; Nahdliyah, Hadziqotun; Dwi Erarti, Dinda Ayu
Jurnal Independent Vol. 10 No. 2 (2022): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v10i2.351

Abstract

ABSTRACT Solar powered vehicles are important as a form of protection for the environment, apart from being a solution to the problem of vehicle exhaust pollution, they are also an innovation in the use of environmentally friendly new and renewable energy (EBT). The use of solar power in vehicles from an environmental law perspective still requires consistency and legal certainty so that there is a clearer footing for investors, as well as the ability to compete with other countries, as expected in the EBT Bill.
The principle of Restorative Justice in sentencingIn the 2023 Criminal Code Ningtias, Ayu Dian; Nahdliyah, Hadziqotun; Nugroho, Fajar Seto; Akbari, Damai Al
Jurnal Independent Vol. 11 No. 2 (2023): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v11i2.354

Abstract

Abstract the concept and analysis of the regulation of the principles of restorative justice in the 2023 Criminal Code is a solution for imposing sentences on minor criminal cases and avoiding short-term imprisonment, as well as preventing this. Application of the principle that the aim is to prevent people from being punished. This is for protection and is seen in society as an effort to rehabilitate the perpetrator. By upholding a sense of justice and the benefits of the law, as well as Pancasila values in law enforcement and criminal objectives, implementing the principle of judge's forgiveness in the 2023 Criminal Code means that there are defendants who have not been found guilty or served a sentence, even though their charges have been legally and convincingly proven.
Co-Authors Akbari, Damai Al Anwar, Ahmad Brain Dwi Erarti, Dinda Ayu Fitri, Rika Izatul Isnaini, Enik Khitam, Muhammad Chusnul Muljono, Bambang Eko Ningtias, Ayu Dian Nugroho, Fajar Seto Priyadi, Ferdhi Riski Putri Ayu Wangi, Yasmin Pinasti Sastradinata, Dhevi Nayasari SASTRADINATA, DHEVINAYASARI Shofa, Ahmad Faris Sidiq, Kidung Alfiani Tjahjani, Joejoen Winarno, Jatmiko Yanto, M.