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All Journal Al-Ahkam Devotion: Journal of Research and Community Service International Journal of Social Service and Research Indonesian Journal of Multidisciplinary Science Journal of Social Research Journal Of World Science Journal of Social Science Return : Study of Management, Economic and Bussines INJURITY: Journal of Interdisciplinary Studies Jurnal Indonesia Sosial Sains Jurnal Hukum Indonesia Jurnal Ekonomi, Teknologi dan Bisnis Rechtsnormen Journal of Law JURNAL RETENTUM Asian Journal of Social and Humanities Lex Librum : Jurnal Ilmu Hukum
Barthos, Megawati
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Religion Arts Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Neuroscience Physics Public Health Social Sciences

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Transforming Islamic Law in Indonesia from a Legal Political Perspective Yani, Ahmad; Barthos, Megawati
Al-Ahkam Volume 30, Nomor 2, Oktober 2020
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (339.744 KB) | DOI: 10.21580/ahkam.2020.30.2.6333

Abstract

This article aims to discuss the transformation of Islamic law in Indonesia. This research is qualitative in the form of a literature study with a political-law approach. The idea of this paper is based on a misunderstanding of Islamic law and Islamic law and fiqh. Issues related to the debate on the application of Islamic law in the contemporary era also contribute to thoughts in this paper. This paper concludes that the transformation of Islamic law into national law is a difficult task. This is because Indonesia is a multi-cultural, multi-ethnic, and multi-religious country. The most important reason is due to the variety of Muslim understanding of religious texts
The Legality of Mandatory Farewell Donations to Graduating Students Based on Article 12 Letter B Of Permendikbud No. 75/2016 on School Committees Faisal, Thomy; Barthos, Megawati
Rechtsnormen: Journal of Law Vol. 2 No. 4 (2024)
Publisher : Yayasan Pendidikan Islam Daarut Thufulah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70177/rjl.v2i4.1655

Abstract

Background: The quality of education services requires continuous improvement, as emphasized by the Minister of Education and Culture, Muhadjir Effendy, through the revitalization of the School Committee's duties under the principle of mutual cooperation. Permendikbud No. 75 of 2016 establishes the School Committee as an independent institution composed of parents, school communities, and concerned community leaders. Despite these provisions, practices such as mandatory farewell donations often resemble illegal levies, contradicting legal culture, decency, and public interest. Objective: This study aims to evaluate the legality of mandatory farewell donations under Article 12 Letter B of Permendikbud No. 75/2016, examining their alignment with the principles of mutual cooperation and accountability. Methodology: The research employs a normative and juridical approach, analyzing data through descriptive analysis to interpret legal and cultural aspects. Findings: Mandatory farewell donations are often framed as agreements between schools, committees, and parents but tend to violate the legal culture's substance. These practices undermine public trust in educational institutions and conflict with legal principles aimed at ensuring fairness and decency in education. Conclusion: Mandatory farewell donations contradict the principles of mutual cooperation and accountability, highlighting the need for improved legal awareness and cultural shifts among education providers to prevent illegal levies.
Penerapan Corporate Social Responsibility (CSR), Antara Tantangan dan Tuntutan Barthos, Megawati; Nugraha, Lingga; Sukendar Situmorang, Suhadi; Situmeang, Ojak
JURNAL RETENTUM Vol 5 No 2 (2023): SEPTEMBER
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5389

Abstract

This study aims to analyze the implementation of Corporate Social Responsibility (CSR) in Indonesia, focusing on the economic, social, and environmental dimensions that form the basis for CSR policies in this country. This study also explores the challenges faced in implementing CSR policies, as well as the factors that support and inhibit the implementation of CSR by companies. In this study, it was found that although there are regulations governing CSR, the main challenge lies in the lack of clarity of policies and the mismatch between the expectations of the community, companies, and the government. Supporting factors such as organizational culture and customer demand greatly influence the success of CSR implementation. Conversely, inhibiting factors such as minimal synchronization between the government and the business world and the lack of clear technical guidelines are significant obstacles to effective implementation. Therefore, more integrated policies and collaboration between the government, companies, and the community are needed to improve the implementation of CSR that has a positive impact on social and environmental sustainability.
Inkonsistensi Pengaturan Pengelolaan Sumber Daya Nasional untuk Pertahanan Negara Barthos, Megawati; Siregar, Hotman; Leo, Maria; Loka, Cahya
JURNAL RETENTUM Vol 7 No 1 (2025): IN PROGRESS
Publisher : Pascasarjana UDA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/retentum.v7i1.5409

Abstract

Penelitian ini menganalisis ketidakselarasan antara Undang-Undang Nomor 23 Tahun 2019 tentang Pengelolaan Sumber Daya Nasional untuk Pertahanan Negara dan Undang-Undang Nomor 3 Tahun 2002 tentang Pertahanan Negara dalam pengaturan ancaman nonmiliter dan hibrida. UU No. 23/2019 mencakup ancaman multidimensi, termasuk ancaman nonmiliter dan hibrida, sementara UU No. 3/2002 hanya memfokuskan peran komponen cadangan dan pendukung pada ancaman militer, sehingga menciptakan kekosongan pengaturan yang signifikan. Penelitian ini menggunakan metode yuridis normatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan konseptual (conceptual approach) untuk mengkaji implikasi perbedaan regulasi ini terhadap efektivitas pengelolaan sumber daya nasional. Hasil penelitian menunjukkan perlunya harmonisasi regulasi dan penyusunan pedoman teknis agar komponen cadangan dan pendukung dapat berperan optimal dalam menghadapi ancaman nonmiliter dan hibrida.
Government Legal Responsibility from a Human Rights Perspective in the Health Sector Dwi Prakoso, Agung; Sara, Rineke; Barthos, Megawati
Jurnal Hukum Indonesia Vol. 3 No. 2 (2024): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v3i2.739

Abstract

Ensuring health for the community in receiving quality and adequate medical services as a basic right is the government's responsibility, which is regulated in Article 28H of the 1945 Constitution and Law Number 36 of 2009 concerning Health. The government is obliged to fulfill the public's right to health in accordance with its capabilities and resources, and must not limit or hinder the public's access to adequate health services. This research aims to protect people's rights to medical services that are supported through legal protection. This research uses a normative legal approach and uses secondary data sourced from laws, journals and analytical descriptive articles. The results of this research are used to gain deeper insight into health problems, determine them, and then proceed with scientific solutions in accordance with Law no. 39 of 1999 concerning Human Rights and Law no. 36 of 2009 concerning health. It is stated that the people's right to health is a human right for all human beings that must be fought for. The 2014 law establishes health service standards as an instrument of a legal system based on the principle of the supremacy of law to ensure compliance with health regulations as well as human rights.
Electronic Land Certificate Ownership as an Effort to Protect the Personal Data Law of the Community Ariansyah, Ruli; Barthos, Megawati; Sara, Rineke
Jurnal Hukum Indonesia Vol. 3 No. 2 (2024): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v3i2.741

Abstract

Electronic land administration will replace systems that are still conventionally based. The aim of this research is to provide protection for personal data for people who have electronic land certificates so that they are right on target. Normative legal research uses qualitative methods with secondary data originating from documents, publications and research reports, and tertiary data functions as a guide and explanation for primary and secondary data. The results of the research conclude that ownership of electronic land certificates is necessary to improve the security of electronic systems owned by the government. UURI no. 5 of 1960 concerning Agrarian Principles and Regulation of the Minister of Agrarian Spatial Planning/National Land Agency No. 1 of 2021 concerning Electronic Certificates which provides new technology in land registration services. Staff to support administration to use information technology and data validation. As a result, speed and innovation are needed to secure multiple uses of personal data. Therefore, electronic or digital certificates must be socialized first to the public to better understand and provide legal certainty in their application
Legal Policy Strategy for Banking Lending in Support of Sustainable Energy Sector to Achieve Community Welfare Samosir, Redy Rahmad; Sulaiman, Abdullah; Barthos, Megawati
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 12 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i12.1386

Abstract

The development of the sustainable energy sector in Indonesia is an important effort in supporting the transition to a green economy. This research delineates specific issues to be addressed, focusing on three main questions: (1) What policies govern the distribution of bank credit to support sustainable energy projects undertaken by micro, small, and medium enterprises (MSMEs) in Indonesia? (2) What is the role of government policies and related regulations in supporting sustainable energy financing? (3) What are the challenges that MSMEs face in securing financing for sustainable projects? (4) What areas are the critical areas for policy improvement and regulatory support? This research could explore innovative strategies to enhance understanding of green finance options and improve the readiness of MSMEs to engage with banks. This study contributes to the understanding of the intersection between banking policy, government regulation, and sustainable energy development in Indonesia.
The Role of Artificial Intelligence in the Implementation of Personal Data Protection Law in Indonesia Purwanti, Nina; Barthos, Megawati; Saputra, Tri Eka
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 4 No. 6 (2025): INJURITY: Journal of Interdisciplinary Studies
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v4i6.1448

Abstract

The development of artificial intelligence technology has brought significant impacts in various elements of daily life, such as in systems for managing personal data. Examining how artificial intelligence works in Indonesia's implementation of Law Number 27 of 2022 on the Protection of Personal Data is the aim of this study. The primary subjects of conversation are the legality of handling personal data with AI technology and the function of AI in Indonesia's execution of the Personal Data Protection Act. Normative legal research using a legislative framework is the methodology employed and analytical approach, through literature study of regulations, legal literature, and related policies. The results showed that: The role of artificial intelligence in the implementation of Law No. 27 of 2022 on Personal Data Protection in Indonesia presents both efficiency opportunities and serious challenges to the protection of individual privacy rights. Although this law has adopted data protection principles according to international standards, the unavailability of technical regulations and accountability mechanisms for the use of artificial intelligence creates a legal gap that needs to be addressed immediately. Therefore, legal certainty over the use of this technology requires regulations that are adaptive, principle-based, and uphold human rights through institutional strengthening, algorithmic supervision, and the application of the principle of explainability in responsive and humanist governance. This research recommends the need to strengthen technical regulations, algorithmic accountability mechanisms, and adaptive institutional supervision so that Human rights and legal certainty are upheld when artificial intelligence is used to manage personal data.
Strategy for Strengthening the Implementation of Progressive Law in the Republic of Indonesia National Police Muchtarom, Achmad; Barthos, Megawati
International Journal of Social Service and Research Vol. 5 No. 6 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i6.1246

Abstract

Law enforcement in Indonesia today faces serious challenges, especially in maintaining a balance between procedural justice and substantive justice. The Indonesian National Police as one of the law enforcement institutions has a strategic role in realizing a legal system that is not only based on normative legality, but also upholds the values of humanity, morality, and social justice. In this context, the progressive legal approach introduced by Satjipto Rahardjo is very relevant to be adopted and implemented by the Indonesian National Police. Progressive law offers a new paradigm in law enforcement that sides with the people, rejects procedural rigidity, and prioritizes humanitarian values as the substance of law. This study aims to normatively examine the concept of progressive law about the role and function of the Indonesian National Police and to formulate strategies that can be used to strengthen the implementation of the progressive legal approach within the Indonesian National Police. This study uses a normative juridical method, with a statutory regulatory approach and a conceptual approach. The legal materials used consist of primary legal materials such as the 1945 Constitution of the Republic of Indonesia, Law Number 2 of 2002 concerning the Indonesian National Police, and other related regulations. In addition, secondary legal materials are also used in the form of legal literature, scientific journals, and the views of legal experts on progressive law. This study is expected to provide theoretical contributions to the development of progressive legal discourse and provide a conceptual basis for institutional renewal within the National Police to create just and humanistic law enforcement.
Detention of Incapacitated Patients by Hospitals as a Violation of Constitutional Rights in Health Services Wiweka, Wiweka; Barthos, Megawati
International Journal of Social Service and Research Vol. 5 No. 6 (2025): International Journal of Social Service and Research
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/ijssr.v5i6.1247

Abstract

Detention of patients in hospitals for inability to pay is a practice that is contrary to the principles of human rights and social justice. This practice not only violates the right to individual liberty as stipulated in Article 28G paragraph (1) and Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, but also contradicts the mandate of Article 189 paragraph (1) letter f of Law Number 17 of 2023 concerning Health which requires hospitals to carry out social functions by providing services to underprivileged patients. This research aims to examine the applicable legal arrangements, evaluate the implementation of the social function of hospitals, and formulate fair and proportionate legal reforms in the face of the reality of patient detention. Using empirical juridical approaches and qualitative methods, data were collected through literature studies and interviews with relevant parties. The results of the study show that there is an imbalance between the hospital's obligation to carry out social functions and the hospital's institutional needs to cover operational costs. Unclear financing mechanisms for underprivileged patients, weak coordination between government agencies, and suboptimal regulatory supervision lead to violations of patients' rights. Therefore, comprehensive legal reform is needed by emphasizing the state's obligation to ensure health services without discrimination, as well as developing a financing mechanism that ensures the sustainability of hospitals. The reformulation of legal norms in the Health Law and its derivative apparatus must be based on the principles of social justice and the state's responsibility for the right to health, so that the law truly protects the basic rights of citizens while maintaining the balance of the health service system
Co-Authors Agus Supriyanto ahmad yani Ahyar Wiraguna, Sidi Amiruddin, Sulaiman Antoni Antoni Ariansyah, Ruli Arief Fakrulloh, Zudan Badrunsyah, Badrunsyah Bayu Sasongko Desman, Yose Dwi Prakoso, Agung Fahrur Rozi, Agus Faisal Santiago, Faisal Faisal, Thomy Jasi, Askolani Leo, Maria Lingga Nugraha Loka, Cahya Lutfi Efendi M. Zahlan, M. Zahlan Masudianto, Dwi Nugroho Muchtarom, Achmad Muhammad Hasyim, Muhammad Prasetyo, Rahmad Purwanti, Nina Rahmad Samosir, Redy Rika Santina Rohmatullah, Rohmatullah Rustam Rustam Samosir, Redy Rahmad Saputra, Tri Eka Sara, Rineke Setyawan, Apri Aji Siregar, Hotman Situmeang, Ojak Sukendar Situmorang, Suhadi Sulaiman, Abdullah Suparno Suparno SYAHRIAL SYAHRIAL Taufan, Ridwan Anthony Utomo, Kukuh Setio Wahyu Widodo Wiweka Wiweka