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All Journal YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam JURNAL HUKUM dan KENOTARIATAN JHCLS Jurnal Dedikasi Hukum Kifah Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Bastomi, Ahmad
Unknown Affiliation
Religion Humanities Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Social Sciences

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The EU Divorce Jurisdiction of Brussels IIB Regulation and Its Implementation in Austria Bastomi, Ahmad
Jurnal Hukum dan Kenotariatan Vol. 8 No. 2 (2024): Jurnal Hukum dan Kenotariatan
Publisher : Universitas Islam Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33474/hukeno.v8i2.22382

Abstract

To accommodate the needs of its citizens in building relationships across borders, the EU has provided several regulations. Since its first establishment in 2000, the EU regulations on divorce and legal separation jurisdiction have been amended twice. There are some significant changes in this jurisdiction, from its original regulation in 2000 to its amendment version in 2003 up to the current version that was established in 2019. This paper tries to investigate the implementation of the current ruling EU instrument in Austria through three approaches by evaluating: 1) the infringement cases, 2) preliminary ruling proceedings, and 3) further official actions conducted by Austria. It can be concluded that Austria has never been accused of any infringements of the three regulations. The court judgments of the two proceedings of preliminary ruling submitted by Austrian courts concerning Brussels IIA Regulation are also in accordance with the regulated law of EC No 2201/2003. The establishment of an introductory decree on the summary and legal explanations of the Council Regulation EU No 1111/2019 by Austria is a very good practice that can be adopted by other EU member states. Therefore, this paper suggests that Austria has effectively implemented the 2019 EU instrument.
Does the Cancellation Victory Foreign Nationals in Local Democracy: Evidence from United Kingdom Siboy, Ahmad; Bastomi, Ahmad
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.166

Abstract

The main requirement to become a regional head candidate is to be an Indonesian citizen. In the 2020 Pilkada, it was found that a foreign citizen won the Regional Head Election. This certainly raises a legal dilemma or polemic regarding the inauguration process. Whether the person concerned can be inaugurated as regional head or canceled. The formulation of the problem raised in this research is about the legal implications of the victory of foreigners in the Regional Head Election and the legal construction of the cancellation of the inauguration. This research is normative juridical research with a concept approach, legislation approach, and case approach. The results of the study found four things that resulted from the victory of foreigners in the Regional Head Election. Namely, the weakness of the regulation, the negligence of the organizers, the validity period of the dispute resolution of the limited nomination requirements, and the confusion to advance or continue at the inauguration stage. The choice of legal construction as a solution that can be taken is to cancel the inauguration of foreign election winners. The cancelation process can go through the judicial process through the mechanism of disputing the results in the Constitutional Court. Cancellation of the inauguration can also be done by the executive body through a decision from the Ministry of Home Affairs.
Pendampingan Awal Literasi Membaca dan Pembuatan Pojok Baca pada Anak-Anak Usia Dini di Desa Kebonsawahan Juwana Pati Jawa Tengah Chasannudin, Arif; Malikah, Hanik; Laily, Aizzah; Bastomi, Ahmad
Kifah: Jurnal Pengabdian Masyarakat Vol 3 No 2 (2024): Desember 2024
Publisher : Mafapress Institut Pesantren Mathali'ul Falah Pati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35878/kifah.v3i2.1348

Abstract

Literacy is the ability to read, write and speak, which requires knowledge of genre and culture. Ironically, Indonesia is among the countries with low literacy levels according to PISA research. Therefore, it is necessary to have a massive literacy culture from an early age. This community service activity uses the ABCD (Asset Based Community Development) method to develop a community based on educational assets. This ABCD method uses 5 (five) steps, namely discovery, dream, design, define and destiny. This community service activity was carried out based on the need to improve literacy culture from an early age. This activity was carried out by creating a reading corner at KB Hamerti Siwi, Kebonsawahan Village, Juwana District, Central Java Regency. A reading corner is a corner of the classroom equipped with bookshelves and a collection of interesting books for children. The book corner can act as an extension of the library function to increase students' interest in learning to read. The activity was carried out from July 10 to August 20, 2024. The result of this activity is the establishment of a reading corner space that can be utilized by students to get to know reading, as well as literacy assistance to students in utilizing the reading corner.
A Double-Edged Sword? Legal Certainty and the Perils of Authority in Indonesia’s Draft Asset Deprivation Act Hisbul Luthfi Ashsyarofi; Arfan Kaimuddin; R.B. Muhammad Zainal Abidin; Bastomi, Ahmad
Pandecta Research Law Journal Vol. 19 No. 2 (2024): December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v19i2.2939

Abstract

The urgency of enacting the Draft Asset Deprivation Act in Indonesia stems from the need to recover assets linked to criminal activities, even in the absence of a conviction. This approach is seen as a preventive measure to safeguard illicitly acquired assets; however, its implementation raises serious legal concerns. The potential violation of property rights—recognized as fundamental human rights—poses risks to justice and legal certainty. The lack of clear procedural safeguards could lead to authority abuse, arbitrary asset seizures, and disproportionate impacts on individuals. This study identifies critical inconsistencies within the draft law. First, the phrase "asset deprivation is only carried out once" in the explanation of Article 3 contradicts Article 5(1)(c), which allows additional asset deprivation if previously seized assets are insufficient. This antinomy undermines legal certainty and fairness. Second, Article 56 permits the auctioning of assets before a final court decision without specifying clear conditions for its application. The absence of rigid legal criteria opens avenues for abuse of authority, further exacerbating risks of injustice. The novelty of this research lies in its critical legal analysis of these contradictions and their implications for property rights and procedural fairness. This research contributes to the global discourse on asset deprivation laws by critically examining the tension between crime prevention and fundamental human rights. The study highlights how ambiguities in legal drafting and the absence of clear procedural safeguards can lead to authority abuse, a challenge faced by many jurisdictions implementing non-conviction-based asset forfeiture (NCB) frameworks. By comparing Indonesia’s Draft Asset Deprivation Act with international best practices, this research offers valuable insights into the legal balance between state power and individual rights, which is crucial in developing laws that do not unduly compromise fundamental freedoms.
From Documents to Legal Certainty: Community Legal Assistance on Land Rights Acquisition in Arjosari Subdistrict: Dari Dokumen Menuju Kepastian Hukum: Bantuan Hukum Masyarakat dalam Proses Pengadaan Hak Atas Tanah di Kecamatan Arjosari Ayu, Isdiyana Kusuma; Paramita, Pinastika Prajna; Bastomi, Ahmad
Jurnal Dedikasi Hukum Vol. 6 No. 1 (2026): April 2026
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/jdh.v6i1.43735

Abstract

This Community Service Program aims to provide legal assistance in identifying and fulfilling documents related to the acquisition of land rights in order to ensure legal certainty, particularly for land assets managed by the administrators of RT 02 RW 04, Arjosari Subdistrict. The main issue faced by the partner is the incompleteness of land administration documents, despite the fact that land possession has been effectively exercised. Through legal counseling activities, discussions, assistance, and legal consultations, the community gained a better understanding of the importance of land registration and the procedures that must be followed. The results of the program indicate an increase in public legal awareness as well as an improvement in the partner’s ability to identify and prepare the necessary documents for the land registration process. Abstrak Kegiatan Pengabdian kepada Masyarakat ini bertujuan untuk memberikan pendampingan hukum terkait pengidentifikasian dan pemenuhan dokumen perolehan hak atas tanah guna menjamin kepastian hukum, khususnya bagi aset tanah yang dikelola oleh Pengurus RT 02 RW 04 Kelurahan Arjosari. Permasalahan utama yang dihadapi mitra adalah belum terpenuhinya dokumen administrasi pertanahan secara lengkap meskipun penguasaan tanah telah dilakukan secara nyata. Melalui kegiatan penyuluhan hukum, diskusi, pendampingan, dan konsultasi hukum, masyarakat memperoleh pemahaman yang lebih baik mengenai pentingnya pendaftaran tanah dan prosedur yang harus ditempuh. Hasil kegiatan menunjukkan adanya peningkatan kesadaran hukum masyarakat serta kemampuan mitra dalam mengidentifikasi dan menyiapkan dokumen yang diperlukan untuk proses pendaftaran tana
Kiai Kampung as Normative Brokers: Negotiating Inheritance Legal Pluralism in Rural Java Arif, Miftakhul; Ali, Sapri; Bastomi, Ahmad
YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam Vol 17, No 1 (2026): YUDISIA : Jurnal Pemikiran Hukum dan Hukum Islam
Publisher : Program Studi Hukum Keluarga Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/yudisia.v17i1.34809

Abstract

This study examines how Kiai Kampung in Jombang negotiate competiting legal systems and explores the implications for legal pluralism theory. Using  a qualitative socio-legal approach, the research draws on observations, in-depth interviews with seven Kiai Kampung, village officials, and local residents, as well as document analysis. The finding shows that Kiai Kampung act as consultants, educators, advisors, and mediators through five locally grounded strategies rooted in Javanese Islamic-values. The study identifies three variants of Kiai Kampung: textualist, culturalist, and moderate, each representing different approaches to reconciling faraid and customary inheritance practices. Unlike previous studies emphasizing legal contestation, this research introduces the concept of normative brokerage, referring to the ability of local actors to select, validate, and operationalize forms of ‘urf to transform normative conflict into complementarity. The study also extends structural-functionalist theory by demonstrating that social equilibrium in plural legal system depends on local actors capable of bridging competing normative frameworks.
Co-Authors Ahmad Siboy Ali, Sapri Arfan Kaimuddin Arif, Miftakhul Chasannudin, Arif Hisbul Luthfi Ashsyarofi Isdiyana Kusuma Ayu Laily, Aizzah Malikah, Hanik Paramita, Pinastika Prajna R.B. Muhammad Zainal Abidin