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All Journal AT-Turost: Journal of Islamic Studies AHKAM : Jurnal Hukum Islam dan Humaniora
miftah, mushafi
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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PENERAPAN SANKSI BAGI SANTRI BERMASALAH DI PONDOK PESANTREN NURUL JADID PERSPEKTIF TEORI PENEGAKAN HUKUM LAWRENCE M. FRIEDMAN miftah, mushafi; Hidayatullah, Syarif; Aisyah, Siti
At-Turost : Journal of Islamic Studies Vol 8 No 2 (2021): Agustus 2021
Publisher : STAI Nurul Huda Kapongan Situbondo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52491/at.v8i2.67

Abstract

This study discusses the problems of applying bald sanctions for students who have problems in PP. Nurul Jadid. The purpose of this study was to determine the root cause of the application of bald sanctions against problematic students. Due to the fact, the sanction is not a deterrent reason for santri not to violate the rules of the pesantren. As an analytical tool for the problematic application of the bald sanction is the law enforcement theory of Lawrence M. Friedman. Therefore, the formulation of the problems that arise from this research are; 1) what are the sanctions given to students who have problems in PP. Nurul Jadid? 2) What is the basis for applying sanctions for students who have problems in PP. Nurul Jadid? 3) how are the problems of applying sanctions for students who have problems in PP. Nurul Jadid Paiton Probolinggo? While the purpose of this study is to find out the sanctions given to students who have problems in PP. Nurul Jadid, to find out the basis for applying sanctions for students who have problems in PP. Nurul Jadid den to find out the problems of applying sanctions for students who have problems in PP. Nurul Jadid Paiton Probolinggo. Keywords: Sanctions, Problematic Students, and Law Enforcement Theory
Implikasi Yuridis Tata Kelola Perizinan Usaha Berbasis Risiko terhadap Asas Otonomi di Indonesia Syafakhorrahman, Moh; Miftah, Mushafi
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.6977

Abstract

This study is motivated by the limited scholarly attention given to the implications of the risk-based business licensing system on regional autonomy, despite its significant impact on the structure of decentralized governance in Indonesia. The aim of this research is to analyze the legal framework and juridical implications of the risk-based licensing system in relation to the principle of autonomy as enshrined in the Indonesian Constitution. A qualitative normative research design was employed, utilizing secondary legal materials selected through purposive sampling. Data were collected through literature review and document analysis, and examined using statutory, conceptual, and historical approaches. The findings reveal that the governance of risk-based licensing, as regulated by Government Regulation No. 28 of 2025, tends toward centralization and diminishes the authority of local governments, thereby conflicting with the principles of decentralization mandated by Law No. 23 of 2014 and the 1945 Constitution. This system is assessed as potentially weakening regional autonomy and creating opportunities for manipulation in risk assessment, which could lead to corrupt practices. The study concludes that a reformulation of licensing policy is needed to maintain a balanced distribution of authority between central and regional governments, while promoting transparency and accountability in public service delivery. The implications of this research include a theoretical contribution to the discourse on central–regional relations within a unitary state, and practical recommendations for revising the legal framework on licensing, strengthening local government capacity, and evaluating the implementation of digital platforms such as OSS-RBA within the context of decentralization.
Perlindungan Hukum atas Hak-hak Nasabah terhadap Bank yang Dinyatakan Pailit Miftah, Mushafi; Anggraini, Laila Nofita
AHKAM Vol 4 No 3 (2025): SEPTEMBER
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v4i3.7150

Abstract

The limited scope of studies on legal protection for bank customers' rights in bankruptcy cases has become a significant concern, as it directly affects public trust and the stability of the national banking system. This study aims to analyze the forms of legal protection afforded to the rights of bank customers in the event of bankruptcy, based on Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations. A normative legal research method was employed, using a statutory approach and analysis of primary and secondary legal materials through literature review. The findings indicate that although depositors’ rights have been accommodated through various regulations, including the role of the Indonesia Deposit Insurance Corporation (Lembaga Penjamin Simpanan, LPS), Article 2 paragraph (3) of Law No. 37 of 2004 restricts customers’ rights to file for bankruptcy against banks. This restriction is considered to conflict with the principles of justice and creditor protection, and it does not align with the principle of balance in bankruptcy law. Moreover, the resolution of banking issues tends to favor liquidation mechanisms over bankruptcy proceedings. The implications of this study include a theoretical contribution to the body of banking law literature and practical recommendations for the government and relevant authorities (Bank Indonesia, the Financial Services Authority, and LPS) to review existing regulations in order to strengthen legal protection for customers. This research also opens avenues for further studies on alternative dispute resolution mechanisms and international comparative analyses of customer protection in bank bankruptcies.
Co-Authors Anggraini, Laila Nofita Heni Pujiastuti Siti Aisyah Syafakhorrahman, Moh