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All Journal Lex Scientia Law Review Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) JPHI Seminar Nasional Hukum Universitas Negeri Semarang Jurnal Hukum Lex Generalis Indonesian Journal of Law and Society Jurnal Legislasi Indonesia
Al Fikry, Ahmad Habib
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Ekuilibrium Pengaturan Perlindungan Data Pribadi Sebagai Jaminan Hak Konstitusional: Refleksi Implementasi di Masa Pandemi Covid-19: The Equilibrium of Personal Data Protection Regulations as a Guarantee of Constitutional Rights: Reflections on Implementation during the Covid-19 Pandemic Al Fikry, Ahmad Habib
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 7 No. 1 (2021): Seminar Nasional Jaminan Perlindungan Hak Konstitusional dan Implementasinya di
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v7i1.701

Abstract

Essence of the rule of law is the guarantee of human rights for every citizen. To dive deeper into this matter, the 1945 Constitution of the Republic of Indonesia, which is the constitution of the Indonesian state, contains a discussion in a special chapter, namely XA which regulates human rights. Human rights have various types, one of which is personal self-protection as regulated in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Personal protection is inherent with private rights which can include personal data of legal subjects. In line with the massive development of the world in the fields of technology, information, and communication, it has implications for the attachment of data subjects to the act of entering and transferring personal data in various kinds of activities. Data shows that there has been an increase in this activity during the pandemic covid-19. Personal data has become a topic of discussion when many data subjects are deprived of their rights to privacy, which can be seen in several cases of personal data leakage. For these problems, individuals need the protection of personal data as a concretization of the conception of the rule of law and guarantees of constitutional rights. The complexity of the problems that occur does not make the state remain silent. As a legal state that holds legal principles in its implementation, laws and regulations that contain the basic value of legal certainty are considered to be a solution. The seriousness of the state in overcoming this can be seen in the draft of the Personal Data Protection Law (RUU PDP), which is still being drafted by the Indonesian House of Representatives. This research, which uses a normative juridical method, discusses the protection of personal data as a right guaranteed by the constitution and its implementation during the pandemic covid-19. This paper aims to determine the suitability of the guarantee of constitutional rights and their implementation as well as to find an equilibrium in the regulation of personal data protection so that the full fulfillment of constitutional rights can occur.
National Law Development through Civil Procedure Law Reform as a Manifestation of State Goals during the Covid-19 Pandemic Al Fikry, Ahmad Habib; Afandi, Muhammad Riyan; Latifiani, Dian
Lex Scientia Law Review Vol 5 No 2 (2021): National Law Development in Enforcement of Justice and Humane Law in the Era of C
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i2.50483

Abstract

The purposes of this paper are: (i) to describe various problems in the philosophical, sociological and juridical aspects of the existence of civil procedural law as formal law in Indonesia; and (ii) offer solutions to these problems by updating the civil procedural law. The method in this paper uses normative legal research with a statutory approach by conducting a literature study using primary and secondary materials. The results of this paper indicate several things. The first, sociologically, people's lives develop dynamically so that the provisions of civil procedural law are not in accordance with the times. As for juridically, this provision is not unification, legal uncertainty, and a legal vacuum. The second, legal reform is part of the development of national law by taking into account the framework of the national legal system. The third, there are efforts and forms of civil procedural law reform carried out by each element of state power. The novelty of this paper is containing a comprehensive discourse that answers the problem of the applicability of civil procedural law with the efforts and forms of reform of civil procedural law in Indonesia. The conclusion in this paper is the provisions of civil procedural law need to be updated based on philosophical, sociological, and juridical considerations. Reform of civil procedural law must take into account the national legal system, principles, and content material in its formation.
The Clear Pathway of the Constitutional Court's Decision on Adherents of Belief In Indonesia Wahanisa, Rofi; Mukminto, Eko; Al Fikry, Ahmad Habib; Rachmawati, Fairus Augustina
Indonesian Journal of Law and Society Vol 5 No 2 (2024): Indigenous Human Rights and the Cultural Resistance
Publisher : Faculty of Law, University of Jember, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ijls.v5i2.47729

Abstract

The conception of state of law holds the principles of human rights protection and independent as well as unbiased justice in its implementation. The Constitutional Court has a significant role in reviewing constitutionality under the constitution as stipulated in Article 24C paragraph (1) of the Constitution. The Constitutional Court's functions result in final, binding decisions. Judges play a crucial role in implementing impartiality and upholding laws in society. This notion corresponds to Article 5 paragraph (1) of the Law of Judicial Power and the theory of progressive law which view that laws are established for human life. The objectives of this article is: (i) pinpoint the functions of the Constitutional Court in reviewing the Law of Civil Administration; and (ii) uncover the implications of the Constitutional Court Decision Number 97/PUU-XIV/2016. The writer used a normative legal research. The results indicate that (i) in reviewing the Law of Civil Administration the Constitutional Court serves its functions as a constitutional guard, constitutional interpreter, human rights protector, and democracy protector. First, in reviewing a quo law the judges’ considerations are based on the 1945 Constitution as the realization of upholding the constitution. Second, as a constitutional interpreter, the judges interpret religions and beliefs are an integral entity. Third, granting the request of reviewing a quo law is considered as a concrete manifestation of fulfilling and protecting human rights, in this case native-faith followers. Fourth, the request granted provides a clear pathway for acknowledging the identity of native-faith followers so that they can freely practise their faith. (ii) The decision of a quo has massive implications for society and leads to the establishment of laws as a tool of social engineering. Recognizing native-faith followers in civil administration establishes a new norm, ensuring their rights are implemented and fulfilled. KEYWORDS: State of Law, Constitutional Court Decision, and Native Faith.
Menyoal Problematika Undang-Undang Cipta Kerja: Kajian dalam Perspektif Pembentukan Peraturan Perundang Undangan dan Negara Hukum Demokrasi Wahanisa, Rofi; AL FIKRY, AHMAD HABIB
Jurnal Legislasi Indonesia Vol 20, No 4 (2023): Jurnal Legislasi Indonesia - Desember 2023
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v20i4.1195

Abstract

Law as a means of realizing prosperity, its existence is so crucial in a democratic legal state. This cruciality makes the formation of laws which specifically can be called laws become a matter of concern. Therefore, the principles of nomocracy and democracy are accommodated in the Law on the Formation of Legislation. However, legislative practice that is not in accordance with normative ideas is a prevalence. One of them is the Job Creation Law, the creation of which has resulted in social delegitimization. This writing aims to analyze the problems of the Job Creation Law in the perspective of forming laws and democratic rule of law. The method used is normative juridical with literature study data sources, laws and regulations, and expert opinions. The formation of the Job Creation Law was not lawful and there was minimal public participation. The poor legislative system is shown by the existence of a Government Regulation in Lieu of Law on Job Creation which was later enacted into a law. This illustrates the pattern of non-compliance by the legislators and the form of ignoring the Constitutional Court Decision Number 91/PUU-XVIII/2020.
Formula Membangun Integritas Penegak Hukum Melalui Pendekatan Legal Culture dalam Mewujudkan Kejaksaan yang Berwibawa: Formula For Building Law Enforcement Integrity Through A Legal Culture Approach In Realizing An Authoritative Prosecutor's Office Al Fikry, Ahmad Habib
Jurnal Hukum Lex Generalis Vol 4 No 3 (2023): Tema Hukum Adat dan Kebiasaan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v4i3.338

Abstract

Law enforcement is an element that also influences the effectiveness of the system and law enforcement. In the process of realizing this legal objective, pragmatically, there needs to be a balance between jusristische logics and juristische ethics. Ethics is an important thing that must always be implemented by the Prosecutor as a law enforcer. A comprehensive formula is needed for the purpose of building integrity as an ethical character that holds value principles. This is in line with the occurrence of several corruption cases which reflect the weakness of the prosecutor's integrity. Legal culture is also an inherent factor in law enforcement, the authors harmonize the two which is then used as an approach in the search for formulas to build integrity. This writing uses a normative juridical research method with a law, case, and conceptual approach. The result of this paper is a formula to build the integrity of the Prosecutor with aspects of divinity and knowledge, management aspects, and structural aspects. All three are used based on a legal culture approach so that they can create an authoritative prosecutor's office and welfare for the people and the state.
Mental Health Psychoeducation for Female Prisoners: Promoting Justice and Better Treatment (Study of Women’s Correctional Institution Class IIA Semarang) Wahanisa, Rofi; Prihastuty, Rahmawati; Nuzulia, Siti; Pratiwi, Pradipta Christy; Rahmawati, Dyah Ayu; Al Fikry, Ahmad Habib; Rohmawati, Santi; Cahyani F, Ardia Pramesthi Regita; Al Jazuli, Qasim
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) Vol 6 No 2 (2023): Indonesian Journal of Legal Community Engagement, November 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v6i2.71193

Abstract

This study examines the implementation of mental health psychoeducation for female prisoners in Class IIA Semarang Women’s Correctional Institution, focusing on the promotion of justice and improved treatment. Mental health challenges are prevalent among incarcerated individuals, stemming from factors like monotony, anxiety, stress, and depression associated with confinement. Through a series of psychoeducational sessions covering self-awareness, interpersonal communication, psychological first aid, emotion regulation, stress management, and positive self-talk, the research investigates the effectiveness of these interventions in enhancing mental health and well-being among female inmates. Post-test results reveal promising outcomes, with 57.69% of participants exhibiting a very healthy mental health status, 38.46% classified as mentally healthy, and 3.85% falling into the moderate mental health category. These findings underscore the significance of psychoeducational interventions in promoting justice and better treatment within the prison system.
Co-Authors Afandi, Muhammad Riyan Al Jazuli, Qasim Cahyani F, Ardia Pramesthi Regita Dian Latifiani Mukminto, Eko Pradipta Christy Pratiwi Rachmawati, Fairus Augustina Rahmawati Prihastuty, Rahmawati Rahmawati, Dyah Ayu Rofi Wahanisa Rohmawati, Santi Siti Nuzulia, Siti