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All Journal Al-'Adalah Nurani: Jurnal Kajian Syariah dan Masyarakat Journal of Judicial Review Law Development Journal
Is, Muhamad Sadi
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Protection against Accountability for Criminal Acts of Narcotics Abuse in Indonesia Novalina, Novalina; Hayatuddin, Khalisah; Salia, Erli; Yusuf, Hambali; Is, Muhamad Sadi
Law Development Journal Vol 6, No 2 (2024): June 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.2.239-251

Abstract

Narcotics crimes are increasing from year to year in both quantity and quality in Indonesia. The narcotics law emphasized that the legal position of narcotics abusers was no longer seen as perpetrators but rather as victims, there was a change in the legal paradigm in legal protection for narcotics abusers. As a victim, the perpetrator must receive legal protection. Legal protection for narcotics abusers was implemented in the form of medical rehabilitation and social rehabilitation which were discretionary from the types of punishment as regulated in Article 10 of the Criminal Code. The problem was how to protect the law against criminal liability for narcotics abusers and how to optimize legal protection for narcotics abusers. Normative research was used as the method in this research, and the secondary data obtained from reviewing related laws and regulations and relevant literature. The result explained that legal protection for the criminal liability of narcotics abusers was determined through a judge's decision by placing narcotics abusers in rehabilitation institutions. Then, optimizing legal protection for narcotics abusers was carried out by equalizing the perceptions of all law enforcement officials regarding the need for legal protection for crime victims as well as unifying views and providing a deep understanding of the aims and objectives of providing rehabilitation.
The Design of Consumer Legal Protection Arrangements in Indonesia Based on Artificial Intelligence Suharyono, Suharyono; Hayatuddin, Khalisah; Is, Muhamad Sadi; Sobandi, Sobandi
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.35-52

Abstract

The consumer protection in Indonesia from year-to-year increased weakness, based on the data from the Ministry of Industry and Trade of the Republic of Indonesia that the percentage of consumer complaint services in 2022 increased by 93%. Then, the data from the Indonesian Consumers Foundation (YLKI) in 2022 received 882 consumer complaints in Indonesia. This number increased by 64.86% compared to 2021 with 535 complaints. This article aimed to identify and analyse how to design legal protection arrangements for consumers in Indonesia based on Artificial Intelligence (AI). The results of the study showed that the design of legal protection arrangements for consumers in Indonesia was based on Artificial Intelligence (AI), by revising the Law No. 8 of 1999 concerning Consumer Protection, by including articles that accommodated Artificial Intelligence in legal protection of consumers in Indonesia, both carried out by the Indonesian Consumers Foundation (YLKI) and by the Consumer Dispute Settlement Agency (BPSK), which guaranteed fairness, certainty and benefits for both consumers and for business actors in Indonesia.
PERLINDUNGAN HUKUM TERHADAP HAK ASASI ANAK YANG MENJADI KORBAN KEKERASAN Azkia, Zuraidah; Is, Muhamad Sadi
Nurani Vol 18 No 1 (2018): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v18i1.1904

Abstract

Child rights are an integral part of human rights so that the government must develop the obligation to protect, fulfill and respect the rights of children especially the rights of children who are victims of violence, because violence against children especially in Indonesia is increasing recently. Therefore, the form of legal protection against the rights of children who are victims of violence can be given in a repressive form that is done in a systematic way, through a series of programs, stimulation, training, education, prayer guidance, games and can also be provided through legal aid called advocacy and child protection laws. While the concept of legal protection of child rights in the future must do law reform of child protection system in Indonesia with the aim to give justice, certainty and benefit to children in Indonesia in particular so as to protect and guarantee the rights of children who become victims violence. In order for child protection law in Indonesia in the future to be able to really give protection to child rights which become victims of violence, then child protection law must be free from humanity principle based on human rights.
The Verstek Law Implementation In Religious Courts In South Sumatera Insani, Fidya Rahma; Hayatuddin, Khalisah; Saptawan, Ardiyan; Is, Muhamad Sadi
Nurani Vol 23 No 1 (2023): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v23i1.16030

Abstract

Verstek decisions are decisions that often occur in courts, especially in the Religious Courts, so the authors were interested in conducting them by using the formulation of the problem: how to apply verstek at Sekayu Religious Courts, South Sumatra. Then, what are the obstacles in implementing verstek at Sekayu Religious Court, South Sumatra. Empirical research was used as the method of research. Research result; the application of verstek at Sekayu Religious Court of South Sumatra has been carried out in accordance with applicable law. Meanwhile, the obstacles faced by the Sekayu Religious Court of South Sumatra in resolving the verstek case were; the number of divorce cases was quite high from year to year; the time required in handling takes a long time, from the beginning of registration until the decision was read out; the down-payment fee for the verstek case had been determined by the Religious Court based on the radius of residence of the applicant/plaintiff and the respondent/defendant, not adjusted to the financial capacity of the parties; and witness constraints, sometimes the parties present witnesses who had never seen or heard of the dispute, but indeed the husband and wife had been separated for a long time.
Pemotongan Gaji Pegawai Swasta untuk Penerapan Tabungan Perumahan Rakyat: Kajian Fiqh Siyasah Salsabila, Adelia; Burlian, Paisol; Is, Muhamad Sadi
Journal of Judicial Review Vol. 27 No. 1 (2025): June 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i1.10401

Abstract

This study examines the legal challenges arising from the enforcement of Government Regulation No. 21 of 2024 on the Public Housing Savings (Tapera) in Indonesia, which mandates a 3% salary deduction from private sector employees, sparking significant public concern over legal certainty, utility, and fairness. The primary objective of this research is to assess the urgency of Tapera’s implementation and to analyze its alignment with Islamic law (fiqh siyasah), focusing on the principles of maslahah (public interest) and justice within state policy. This study adopts a normative legal research method using a statutory and conceptual approach, focusing on the inventory and analysis of positive law and legal doctrines relevant to Tapera’s framework. Findings indicate that the regulation fails to fully meet the principles of legal certainty, utility, and justice, as reflected in inadequate public consultation and insufficient clarity regarding the distribution and management of collected funds. From the perspective of fiqh siyasah, the enforced salary deductions without clear and fair mechanisms contradict the principles of equitable treatment and voluntary consent emphasized in Islamic law, highlighting concerns of unjust burden on employees. The study also underscores that, despite Tapera’s intended aim to facilitate equitable access to housing for low- and middle-income groups, its current implementation may undermine the welfare state principles envisioned by the Indonesian Constitution and the values of social justice upheld in Islamic governance. Thus, this research emphasizes the need for transparent communication, inclusive policy-making, and restructuring of Tapera’s implementation to ensure it becomes a fair, lawful, and socially beneficial instrument in addressing Indonesia’s housing challenges.
Legal Transformation of Indonesian Sharia Banks Towards Digital Banking in the Era of Industrial Revolution 4.0 Barkah, Qodariah; SA, Romli; Is, Muhamad Sadi; Andriyani, Andriyani; Bt Ismail, A’dawiyah
al-'adalah Vol 21 No 2 (2024): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v21i2.21254

Abstract

Although Islamic banking has been operating in Indonesia since 1992, the institution has not been able to compete with conventional banking. The Government, therefore, intervened by merging several Islamic banks into a single entity, namely Bank Syariah Indonesia (BSI). This merger policy needs to be strengthened further by revising the Islamic Banking Law while encouraging the institution to prepare various steps to respond to the digital banking era. This study examines what kind of legal transformation patterns the Government needs to carry out in preparing Islamic banking institutions to face digital banking in the era of the Industrial Revolution 4.0. This study is juridical-normative research with a philosophical and sociological legal approach. The study results indicate that legal transformation in Indonesian Islamic banking is important to be carried out immediately so that this institution can improve the quality of service to customers along with the shift in banking industry management from a manual system to a full-digital system. For this reason, the Law of the Republic of Indonesia Number 21 of 2008 concerning Islamic Banking needs to be revised again by adding a special chapter that regulates the use of technology in the development of products, services, and operations. In addition, it is also important for the Government to create the Indonesian Sharia Bank Dispute Resolution Institution (LPSBSI), which will function as a unique institution to resolve disputes that occur in Sharia banking.
Co-Authors Andriyani Andriyani Ardiyan Saptawan Azkia, Zuraidah Bt Ismail, A’dawiyah Hayatuddin, Khalisah Insani, Fidya Rahma Novalina Novalina Qodariah Barkah Romli SA Salia, Erli Salsabila, Adelia Sobandi, Sobandi Suharyono Suharyono Yusuf, Hambali