Garuda - Garba Rujukan Digital

Strategy for Fortifying the Batursari Kledung Temanggung Village Community from Radicalism and Terrorism Masyhar, Ali; Aisy, Rohadhatul
Indonesian Journal of Advocacy and Legal Services Vol 6 No 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support (Artic
Publisher : Faculty of Law, Universitas Negeri Semarang

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

Central Java, as a reflection of a calm and peaceful society, is disturbed by the rise of terrorism, which has made the region a base for recruitment and terror regeneration. Acts of terror are always preceded by the implantation of radical ideologies. Therefore, preventive efforts are necessary to thwart the spread of these radical ideologies. This activity aims to foster a preventive attitude to counter radical ideologies in the Batursari community, Kledung Sub-district, Temanggung Regency, and to provide recommendations to the government on the necessary actions to ensure legal protection for the Batursari community against terrorism and radicalism. This activity is in partnership with the Ansor Youth Movement (GP) PAC of Kledung Sub-district, Temanggung Regency, which is one of the autonomous bodies of Nahdlatul Ulama. The methods used in this activity include lectures and dialogues, as well as focused discussions. Additionally, brainstorming—collecting opinions from the audience—will be used as an initial effort to gauge their knowledge about terrorism and radicalism. This activity is expected to cultivate a preventive attitude to counter the infiltration of radical ideologies into the community.

The Relationship Between Law and Politics in the Government Regulation in Lieu of Law (Perppu) on Social Organizations Aisy, Rohadhatul; Nte, Ngboawaji Daniel
Indonesian Journal of Advocacy and Legal Services Vol 6 No 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support (Artic
Publisher : Faculty of Law, Universitas Negeri Semarang

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

Perppu Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Social organizations is an example of a legal product where there is a relationship between Law and Politics. With this Perppu, the government has disbanded one of the social organizations, namely Hizbut Tahrir Indonesia (HTI), which was deemed not in accordance with Pancasila and the 1945 Constitution and wanted to change the state's ideology. The Perppu on Social Organizations issued by the government was promulgated by the People's Representative Council (DPR) on November 22 2017, but there are several factions that still reject the law. After observed, it is known that the factions that agree to the promulgation of the Perppu are government parties and those that reject it are political parties. opposition. Apart from that, we know that social organizations are one of the wings of politics, which are very effectively used to boost the votes of political parties and mobilize the masses. This research aims to examine legal and political relations in Government Regulation in Lieu of Law (Perppu) Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Social organizations. The research results show that there are several substances in the Perppu that have given rise to controversy in society regarding criminal sanctions and the dissolution of social organizations. All legal products, including this Perppu, are not neutral; rather, they contain interests and biases, highlighting the close relationship between law and politics.

Sacred Bonds or Sinful Ties? Interreligious Marriage in Islamic Law Ramadhan, Rafli Zidan Eka; Aisy, Rohadhatul; Abidah, Shofriya Qonitatin; Najihah, Fateema Muslihatun; Kusuma, Bagus Hendradi
Contemporary Issues on Interfaith Law and Society Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

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

Interreligious marriage remains one of the most debated issues in Islamic law, raising questions about faith, identity, and legal restrictions. Islamic jurisprudence, derived from the Quran, Hadith, and scholarly consensus, generally prohibits Muslim women from marrying non-Muslim men while allowing Muslim men to marry Christian or Jewish women under specific conditions. This distinction is rooted in concerns over religious continuity, familial stability, and the spiritual upbringing of children. The prohibition reflects the broader Islamic principle of maintaining faith within the household and preventing potential conflicts in religious obligations between spouses. Many Muslim-majority countries have incorporated these religious principles into their national legal frameworks, enforcing restrictions on interfaith marriages. These laws are justified on the grounds of protecting Islamic values and ensuring the predominance of Muslim identity within families. However, in an increasingly globalized world, where cultural and religious boundaries are more fluid, these restrictions face growing challenges. Critics argue that such prohibitions conflict with fundamental human rights, particularly the right to marry and religious freedom. Additionally, interfaith couples often encounter significant legal and social hurdles, including issues related to inheritance, child custody, and religious conversion. This study examines the theological, legal, and sociocultural foundations of the prohibition on interreligious marriage in Islam. By analyzing classical Islamic jurisprudence alongside modern legal and human rights perspectives, this paper explores how these restrictions impact Muslim communities today and whether evolving interpretations can accommodate interfaith unions in pluralistic societies.

The Urgency of Supervision Institutions in Implementing Prisoners' Rights as an Effort to Restructure Criminal Execution Laws Widyawati, Anis; Maskur, Muhammad Azil; Aisy, Rohadhatul; Teeraphan, Papontee; Setyanto, Heru
Jambura Law Review VOLUME 7 NO. 1 JANUARY 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v7i1.27595

This research explores the protective laws and enforcement of human rights in Indonesian correctional facilities, especially by observing systematic problems in exercising the ruling on prisoners' rights. This study uses a juridical-empirical method based on analyzing legal sources with additional field research to cover what legal contents advocate for in what contexts more effectively. It analyzes primary legal materials,including relevant legislation and gathers empirical data throughinterviews and direct observations. This approach allows for an enhanced understanding of the interplay between legal theory and practice to evaluate the legal framework of prisoners' rights protection critically. The findings reveal significant legal gaps, particularly regarding the unclear constitutional arrangements regarding the separation of powers in the execution of sentences as well as the protection of prisoners' rights. These issue are notably prevalent in correctional institutions in Central Java, which has been the case that the enforcement mechanism has not been running optimally. The analysis identifies systematic violations of prisoners' rights stemming from structural weaknesses in the legal relationships between correctional institutions, courts, and other law enforcement entities. As outlined in the examination of statutory interpretation and legal principles throughout this study, legislative reform is also necessary to better protect prisoners' rights, particularly concerning clarification of institutional authority and improved oversight mechanisms. These findings highlight the necessity for legal harmonization between human rights standards and correctional practices to increase the integrity of the Indonesian criminal justice system.

Reclaiming the Unwritten: Living Law’s Prospects under Indonesia’s 2023 Penal Reform Masyhar, Ali; Aisy, Rohadhatul; Widyawati, Anis; Maskur, M. Azil; Murtadho, Ali
Jambe Law Journal Vol. 8 No. 1 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/home.v8i1.502

The enactment of the Indonesian Criminal Code (KUHP) marks a significant reform in the country’s criminal law system. One of the most notable changes is the formal recognition of living law as a source of criminal law. This recognition provides space for the incorporation of local values and indigenous customary wisdom into the national legal system. However, this provision has sparked controversy, particularly due to its potential conflict with the principle of legality and the protection of human rights. In principle, modern criminal law requires that only acts explicitly regulated by legislation can be subject to punishment. Therefore, the application of unwritten norms as a basis for criminal liability poses serious challenges to legal certainty. This study aims to analyze the prospects of applying living law under the new KUHP by examining its formalization, limitations, and implications for the principle of legality and human rights. This research employs a normative juridical and comparative approach, analyzing statutory regulations, legal doctrines, and practices from several other countries. The findings indicate that the implementation of living law can only be carried out in a limited and conditional manner—through formalization via local regulations, judicial oversight, and assurance that customary norms do not contradict the Constitution. If formulated and applied correctly, the recognition of living law can improve access to social justice, strengthen the legitimacy of law, and contribute to building a peaceful and inclusive society within a sustainable legal development framework

Strategy for Fortifying the Batursari Kledung Temanggung Village Community from Radicalism and Terrorism Masyhar, Ali; Aisy, Rohadhatul
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i2.30569

Central Java, as a reflection of a calm and peaceful society, is disturbed by the rise of terrorism, which has made the region a base for recruitment and terror regeneration. Acts of terror are always preceded by the implantation of radical ideologies. Therefore, preventive efforts are necessary to thwart the spread of these radical ideologies. This activity aims to foster a preventive attitude to counter radical ideologies in the Batursari community, Kledung Sub-district, Temanggung Regency, and to provide recommendations to the government on the necessary actions to ensure legal protection for the Batursari community against terrorism and radicalism. This activity is in partnership with the Ansor Youth Movement (GP) PAC of Kledung Sub-district, Temanggung Regency, which is one of the autonomous bodies of Nahdlatul Ulama. The methods used in this activity include lectures and dialogues, as well as focused discussions. Additionally, brainstorming—collecting opinions from the audience—will be used as an initial effort to gauge their knowledge about terrorism and radicalism. This activity is expected to cultivate a preventive attitude to counter the infiltration of radical ideologies into the community.

The Relationship Between Law and Politics in the Government Regulation in Lieu of Law (Perppu) on Social Organizations Aisy, Rohadhatul; Nte , Ngboawaji Daniel; Windiahsari, Windiahsari
Indonesian Journal of Advocacy and Legal Services Vol. 6 No. 2 (2024): Navigating Justice: Empowering Communities with Legal Advocacy and Support
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v6i2.30576

Perppu Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Social Organizations is an example of a legal product where there is a relationship between Law and Politics. With this Perppu, the government has disbanded one of the social organizations, namely Hizbut Tahrir Indonesia (HTI), which was deemed not in accordance with Pancasila and the 1945 Constitution and wanted to change the state's ideology. The Perppu on Social Organizations issued by the government was promulgated by the People's Representative Council (DPR) on November 22 2017, but there are several factions that still reject the law. After observed, it is known that the factions that agree to the promulgation of the Perppu are government parties and those that reject it are political parties. opposition. Apart from that, we know that social organizations are one of the wings of politics, which are very effectively used to boost the votes of political parties and mobilize the masses. This research aims to examine legal and political relations in Government Regulation in Lieu of Law (Perppu) Number 2 of 2017 on Amendments to Law Number 17 of 2013 on Social Organizations. The research results show that there are several substances in the Perppu that have given rise to controversy in society regarding criminal sanctions and the dissolution of social organizations. All legal products, including this Perppu, are not neutral; rather, they contain interests and biases, highlighting the close relationship between law and politics.

Sacred Bonds or Sinful Ties? Interreligious Marriage in Islamic Law Ramadhan, Rafli Zidan Eka; Aisy, Rohadhatul; Abidah, Shofriya Qonitatin; Fateema Muslihatun; Kusuma, Bagus Hendradi
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31405

Interreligious marriage remains one of the most debated issues in Islamic law, raising questions about faith, identity, and legal restrictions. Islamic jurisprudence, derived from the Quran, Hadith, and scholarly consensus, generally prohibits Muslim women from marrying non-Muslim men while allowing Muslim men to marry Christian or Jewish women under specific conditions. This distinction is rooted in concerns over religious continuity, familial stability, and the spiritual upbringing of children. The prohibition reflects the broader Islamic principle of maintaining faith within the household and preventing potential conflicts in religious obligations between spouses. Many Muslim-majority countries have incorporated these religious principles into their national legal frameworks, enforcing restrictions on interfaith marriages. These laws are justified on the grounds of protecting Islamic values and ensuring the predominance of Muslim identity within families. However, in an increasingly globalized world, where cultural and religious boundaries are more fluid, these restrictions face growing challenges. Critics argue that such prohibitions conflict with fundamental human rights, particularly the right to marry and religious freedom. Additionally, interfaith couples often encounter significant legal and social hurdles, including issues related to inheritance, child custody, and religious conversion. This study examines the theological, legal, and sociocultural foundations of the prohibition on interreligious marriage in Islam. By analyzing classical Islamic jurisprudence alongside modern legal and human rights perspectives, this paper explores how these restrictions impact Muslim communities today and whether evolving interpretations can accommodate interfaith unions in pluralistic societies.

URGENSI PERLINDUNGAN HAK NARAPIDANA ATAS KESEHATAN DAN MAKANAN DALAM PEMBAHARUAN SISTEM PEMASYARAKATAN INDONESIA: THE URGENCY OF PROTECTING THE RIGHTS OF PRISONERS TO HEALTH AND FOOD IN THE REFORM OF THE INDONESIAN CORRECTIONAL SYSTEM Eva Dwi Dayati; Rani Hendriana; Alef Musyahadah Rahmah; Rohadhatul Aisy
Journal Presumption of Law Vol 7 No 2 (2025): Volume 7 Nomor 2 Tahun 2025
Publisher : Universitas Majalengka

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31949/jpl.v7i2.15372

Undang-Undang Nomor 22 tahun 2022 tentang Pemasyarakatan telah menganut konsep reintegrasi sosial sebagai pengganti konsep pembalasan dan penjeraan. Hak untuk memperoleh makanan yang layak dan kesehatan merupakan hak dasar bagi narapidana sebagai bentuk penghormatan terhadap hak asasi manusia yang seringkali terabaikan dalam praktik pemasyarakatan di Indonesia. Overkapasitas, keterbatasan sumber daya manusia seperti tenaga medis dan juru masak, menjadi faktor utama terhambatnya pemenuhan hak-hak dasar narapidana. Penelitian ini bertujuan untuk mengkaji pentingnya perlindungan terhadap hak narapidana atas makanan dan kesehatan serta merumuskan suatu pembaharuan dalam sistem pemasyarakatan Indonesia yang lebih humanis dan berkeadilan (studi di Lemabga Pemasyarakatan Kelas I Semarang). Metode penelitian yang digunakan adalah yurudis empiris, yakni dengan melakukan kajian hukum bukan hanya terhadap peraturan tertulis (normatif) tetapi juga dengan melihat praktik bekerjanya hukum di masyarakat. Hasil penelitian menunjukkan bahwa masih terdapat ketimpangan hukum mengenai hak narapidana dengan praktik yang terjadi di lapangan. Tidak adanya juru masak dan fasilitas kesehatan yang terbatas menjadi faktor utama yang menjadi kendala di Lembaga Pemasyarakatan Kelas I Semarang. Oleh karena itu, diperlukan suatu reformasi kebijakan yang menitikberatkan pada perlindungan hak-hak narapidana dalam rangka pemenuhan kebutuhan dasar, seperti peningkatan anggaran, sumber daya manusia serta pengawasan terhadap para petugas Lapas dalam pelaksanaan hak-hak narapidana. Pembaharuan sistem pemasyarakatan indonesia yang menjamin hak atas kesehatan dan makanan bagi narapidana merupakan langkah strategis menuju sistem pemasyarakatan Indonesia yang humanis dan beradab.

Reforma Alutsista dan Sumber Daya Alam: Menjawab Tantangan Hukum Internasional dan Perdamaian Dunia Fikri, Wildan Azkal; Aisy, Rohadhatul
Jurnal Hukum & Pembangunan
Publisher : UI Scholars Hub

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

This study departs from the paradox of the failure to achieve world peace despite the existence of an established international legal regime. It addresses three main objectives: (1) identifying the key factors that undermine world peace; (2) analyzing the failure factors of international law to realize global peace; and (3) formulating a responsive international legal architecture to future peace agendas. The study employs a critical descriptive method with a socio-legal (non-doctrinal) approach, drawing on the analytical frameworks of neorealism, great powers oligarchy, and Third World Approaches to International Law (TWAIL). The qualitative analysis is conducted by examining power relations, the distribution of natural resources, and the configuration of global military capabilities. The findings reveal that the anarchic structure of the international system constitutes the primary driver of global conflicts as reflected in World War I and II. Furthermore, the dominance of the Permanent Five (P-5) has produced a great powers oligarchy that distorts the principles of international law and obstructs world peace. This study argues that reforming the distribution of military capabilities and access to natural resources is a crucial prerequisite for non-P-5 states to reconstruct international law. Accordingly, a redesign of the architecture of international law is needed to make it more just, inclusive, and balanced global distribution of power orientation as a foundation for sustainable world peace.

Title

Found 15 Documents
Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title Search

Found 15 Documents Search

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Title

Found 15 Documents
Search