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All Journal Legal Standing : Jurnal Ilmu Hukum Unnes Law Journal
Maulidiyah, Dwi Faizah
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Death Penalty for Corruptors in Indonesian Human Rights Perspective Fajrin, Yaris Adhial; Purnamasari, Arista Putri; Rosyida, Ryvina Izza; Maulidiyah, Dwi Faizah
Unnes Law Journal: Jurnal Hukum Universitas Negeri Semarang Vol 6 No 2 (2020): Unnes L.J. (October, 2020)
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ulj.v6i2.40613

Abstract

The death penalty for corruptors, gaining a place in Indonesia's positive criminal law. As a country that makes Pancasila an ideology, it is interesting to be reviewed in this paper on the existence of the death penalty for the corruptor from a human rights perspective in Indonesia. Therefore, the author raised two issues, namely the first, how is the death penalty for corruptors in Indonesia's positive law? second, what about the death penalty for such corruptors if reviewed from a Human Rights perspective in Indonesia? To answer this, the authors chose legal research with a normative approach as part of its research methods. Based on the study obtained that the death penalty for corruptors does not conflict with Indonesian human rights values, because it is seen as the most serious crime. Even the formulation of the death penalty is currently seen as in line with the direction and ideals of reforming Indonesia's criminal law, which is increasingly humanist and puts forward the purpose of justice and benefit.
Nafkah Iddah Bagi Perempuan Pasca Perceraian dalam Perundang-Undangan Rosyida, Ryvina Izza; Maulidiyah, Dwi Faizah; Suherlan, Windy Amanda Siwi
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11506

Abstract

Divorce has various legal consequences, one of which is the obligation to provide iddah maintenance for the ex-wife. Iddah maintenance is the right of divorced women during the iddah period as a form of welfare guarantee after divorce. This study aims to examine the legal provisions related to iddah maintenance in Indonesian legislation, including the Marriage Law, the Compilation of Islamic Law, and court decisions. This study is a qualitative study with a normative legal approach. Women's rights to obtain iddah maintenance after divorce are regulated in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. The provisions for iddah maintenance are distinguished based on the type of divorce, namely talak raj’i and talak ba’in. In talak raj’i, women have the right to receive iddah maintenance because they are still in the waiting period to remarry. Meanwhile, in talak ba’in, both in the Compilation of Islamic Law and the Law, there are no provisions that clearly regulate iddah maintenance, so women who experience talak ba’in are not automatically entitled to receive it. However, several regulations such as PERMA No. 3 of 2017 provides an affirmation regarding this matter. This study uses a normative legal approach to look at the legal provisions related to iddah maintenance, which still require clarity in protecting women.
Nafkah Iddah Bagi Perempuan Pasca Perceraian dalam Perundang-Undangan Rosyida, Ryvina Izza; Maulidiyah, Dwi Faizah; Suherlan, Windy Amanda Siwi
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 2 (2025): Mei-Agustus
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i2.11506

Abstract

Divorce has various legal consequences, one of which is the obligation to provide iddah maintenance for the ex-wife. Iddah maintenance is the right of divorced women during the iddah period as a form of welfare guarantee after divorce. This study aims to examine the legal provisions related to iddah maintenance in Indonesian legislation, including the Marriage Law, the Compilation of Islamic Law, and court decisions. This study is a qualitative study with a normative legal approach. Women's rights to obtain iddah maintenance after divorce are regulated in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law. The provisions for iddah maintenance are distinguished based on the type of divorce, namely talak raj’i and talak ba’in. In talak raj’i, women have the right to receive iddah maintenance because they are still in the waiting period to remarry. Meanwhile, in talak ba’in, both in the Compilation of Islamic Law and the Law, there are no provisions that clearly regulate iddah maintenance, so women who experience talak ba’in are not automatically entitled to receive it. However, several regulations such as PERMA No. 3 of 2017 provides an affirmation regarding this matter. This study uses a normative legal approach to look at the legal provisions related to iddah maintenance, which still require clarity in protecting women.
Co-Authors Fajrin, Yaris Adhial Purnamasari, Arista Putri Rosyida, Ryvina Izza Suherlan, Windy Amanda Siwi