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All Journal Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Interdisciplinary Social Studies Indonesian Journal of Multidisciplinary Science Journal Research of Social Science, Economics, and Management Journal of Community Service (Abdisci)
Andri, Gusti Yosi
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Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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Legal Certainty for Auction Winners Regarding the Execution of the Object of the Dependent Rights Octafiani, Dinny; Marchela, Putri Fania; Imaniffatillah, Imelda Rafsodia Khoviyatu; Fathurohman, Dadan Taufik; Andri, Gusti Yosi
Interdisciplinary Social Studies Vol. 4 No. 3 (2025): Regular Issue: April-June 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v4i3.829

Abstract

This research discusses the legal certainty for the winner of the auction on the execution of the object of mortgage rights, especially in the context of bad credit in banking institutions. When the debtor defaults, the creditor has the right to execute the security object through auction based on Article 6 of Law No. 4 of 1996 and Article 200 HIR. Although the winner of the auction is legally valid, there are often obstacles in the physical control of the auction object due to the debtor's unwillingness to hand over the object. The research used empirical juridical method with Gustav Radbruch's legal theory approach to assess aspects of justice, certainty, and legal benefits. It was found that legal protection for auction winners includes preventive and repressive aspects, but the implementation of real execution in the field still faces various challenges, such as complex administrative processes and potential third-party claims. Therefore, regulatory improvements and inter-agency coordination are needed to ensure effective legal certainty for auction winners.
Determination of the Origin of Children Strengthens Legal Protection of the Status of Children due to the Rejection of Itsbat Nikah Pratama, Paradika Rhassely Adi; Syaadah, Dinda Nailatus; Aini, Anis Nuru; Maulida, Irma; Andri, Gusti Yosi
Interdisciplinary Social Studies Vol. 4 No. 3 (2025): Regular Issue: April-June 2025
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v4i3.846

Abstract

The rejection of the marriage itsbat application directly impacts the legal status of the child born, as the parents' marriage is not legally, religiously, or customarily recognized. This study aims to analyze the legal consequences of the rejection on the child's position and examine the determination of the child's origin as a form of legal protection. Using a normative juridical approach, this study analyzes legal materials related to the status of children born from sirri marriages. The results of the study show that children born from sirri marriages only have a legal relationship with their mother. Moreover, if the itsbat application is rejected, the child will not be recognized as the legitimate child of their biological father. This has consequences on the child's access to administrative, inheritance, and guardianship rights. Remarriage also does not alter the child's position because, according to Islamic law, the sirri marriage is invalid and thus rejected by itsbat. As a result, the child remains an out-of-wedlock child. The determination of origin by the court is an alternative protection that allows the inclusion of the biological father's name in the population document and provides limited space for the child's civil rights. These limitations are also reaffirmed in the Fatwa of the Indonesian Ulema Council, which states that the biological father's obligation is limited to providing living support and a mandatory will. The conclusion of this study emphasizes the importance of determining origin as an instrument for the legal protection of children in the national legal system, especially regarding the rejection of the marriage itsbat application.
LEGAL ASSISTANCE TO ENSURE LEGAL CERTAINTY FOR COUPLES IN UNREGISTERED MARRIAGES IN CIREBON Andri, Gusti Yosi; Handiriono, Rd.; Djuariah, Djuariah; Hardjowikarto, Dharliana; Sutrisno, Endang; Suhaeni, Eni
Jurnal Abdisci Vol 3 No 4 (2026): Vol 3 No 4 Tahun 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/abdisci.v3i4.894

Abstract

Background. Unregistered marriages remain widespread, creating legal issues for both couples and their children. Aims. The objective of this community service program is to provide assistance in the itsbat nikah process at the Religious Court, enabling couples to obtain legal certainty. The implementation methods included socialization, legal counseling, and direct assistance up to the issuance of the court’s decision. Methods. The socialization activities demonstrated an increased awareness among participants regarding the importance of marriage registration. Counseling activities resulted in a deeper understanding of the consequences of marriage. Assistance activities helped participants prepare documents and face the court proceedings. Conclusion. Of the 32 couples who registered, 24 passed the administrative verification to participate in the hearing, and 23 obtained itsbat nikah decrees, while one case was rejected due to age verification issues. Implementation. By obtaining an itsbat nikah decree, couples could proceed to the Office of Religious Affairs to have a marriage certificate issued.
Resolving inheritance disputes due to Munasakhah through the concept of Tabayyun and Ta’awun Prabangso, Azzahra Atu; Saskhia, Faradila Dwi Ayu; Andri, Gusti Yosi; Ismayana, Ismayana; Solihah, Rika Lailatus
Interdisciplinary Social Studies Vol. 3 No. 4 (2024): Regular Issue: July-September 2024
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v3i4.709

Abstract

The delay in the distribution of inheritance from the perspective of Islamic law is one of the crucial issues because it can trigger various conflicts among heirs. The purpose of this study is to apply the concepts of Tabayyun and Ta'awun as a dispute resolution mechanism in the inheritance distribution that has been postponed for a long time in a non-litigation manner and is based on maqasid as-sharia. This research is important to provide understanding and knowledge about the delay in implementation of inheritance distribution which can trigger disputes and divide relationships in the family. The qualitative analysis method was used to obtain a more comprehensive understanding related to the resolution of inheritance disputes that occur due to the delay of the distribution or munasakhat. The results show that lack of understanding of fiqh of Islamic inheritance is a key factor causing disputes among families. The lack of clarity in the identification of the right heir is also a major factor triggering disputes among the families. In addition, the lack of knowledge of the udzur shari'i recognized in Islam can also cause conflicts among family members. The aim of this paper is to use the concept of Tabayyun and Ta’awun to resolve inheritance disputes. The study also discusses the role of religious leaders, such as ustadz or kyai, in maximizing the mediation stage at the court level in order to realize the principle of simple, fast, and low-cost justice as stipulated in the Judicial Power Law, potentially offering strategies to enhance the efficiency and cost-effectiveness of legal processes in inheritance dispute resolution.
AKIBAT HUKUM PERJANJIAN KEAGENAN PADA PT. ASURANSI ALLIANZ LIFE INDONESIA Andri, Gusti Yosi; Susanto, Annisarahmah Utami; Marlina, Tina
Hukum Responsif Vol 14 No 2 (2023)
Publisher : Fakultas Hukum Universitas Swadaya Gunung Jati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33603/.v14i2.8722

Abstract

Studi ini mengkaji peran OJK dalam mengurangi kerugian penasihat investasi yang tidak terdaftar kepada nasabah. Tanggung jawab OJK dalam mengatur kegiatan penanaman modal dibagi menjadi dua bagian, yaitu pencegahan yang ditujukan kepada nonnasabah, dan penindakan yang difokuskan pada masalah-masalah sebelumnya. Karena penelitian ini bersifat normatif, maka didasarkan pada teori, konsep, dan prinsip hukum yang terdokumentasi, serta peraturan perundang-undangan yang terkait. Dalam penelitian ini, sumber hukum utama meliputi UU No. 8 Tahun 1995 yang mengatur tentang pasar modal, dan sumber hukum sekunder adalah penelitian dalam jurnal atau publikasi yang terkait dengan pasar modal. Penelitian dokumen merupakan salah satu metode yang digunakan untuk memperoleh data. Penelitian ini menggunakan data induktif dan deskriptif. Hasil penelitian ini menyangkut dampak OJK terhadap kerugian klien manajer investasi tidak berizin. Kegiatan pengawasan meliputi perlindungan modal terhadap kerugian nasabah, dan proses pengawasan terhadap lembaga pengawas.
Ambiguous genitalia causing principle of utmost good faith in insurance agreements’ violation Arofah, Syifa Nurul; Sabila, Firdausa; Luthfiyah, Annisa; Solichin, Solichin; Andri, Gusti Yosi
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 8 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i8.881

Abstract

The purpose of this study is to study the application of the principle of utmost good faith in ambiguous genitalia case studies in insurance agreements. The data collection technique is a literature study, aiming to draw conclusions on the application method of the principles of good faith. The results of the study confirmed that some insurance companies refuse to make an insurance agreement for individuals with gender ambiguity. Therefore, it is important to develop policies that are more inclusive and fair for all individuals, without exception.
Legal protection of intellectual property rights in the context of economic globalization: A case study of copyright enforcement in international markets Rahman, Hanfi Pauzia; Permana, Natasya Amanda Eka; Nissa, Vinka Khoerun; Kartina, Ratu Mawar; Andri, Gusti Yosi
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 9 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i9.895

Abstract

Intellectual property rights are an important part of intellectual property rights that have a very wide scope of objects. In the era of economic globalization, intellectual property is becoming increasingly important as competition between companies and individuals around the world intensifies. However, there are also challenges that arise in the form of violations of Intellectual Property Rights that pose a serious threat to rights holders. Therefore, the purpose of this study is to determine the legal protection of intellectual Property Rights in the context of economic internationalization. The data collection technique used is a literature study, where relevant data is collected from various related literature sources. Finally, conclusions are drawn to identify important findings from the data analysis that has been carried out. This study can help strengthen theoretical foundations about the role of law in protecting innovation, artwork, and intellectual creation in an ever-changing global economy. This research can also open the door for further research to understand how legal regulation can accommodate rapid and complex global economic developments, as well as foster innovation and inclusive economic sustainability.
Progressive legal perspective on legal certainty over land ownership in Genteng Village Ramadani, Jaka Mahisya; Firdaus, Wildan Abyan; Milyanti, Mia; Maulida, Irma; Andri, Gusti Yosi
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 12 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i12.913

Abstract

Land ownership affects power structures and power relations in societies because it determines who has access to natural resources and available economic wealth. Land ownership is also a determinant of a person's social and political status, as well as the basis for access to public services such as education and health. This study aims to explore the perspective of progressive law on legal certainty of land ownership in Genteng Village as well as the view of behavioral economic theory to understand the habits of the people of Genteng Village in buying and selling land. The research method used is empirical juridical with a case study approach in the form of land buying and selling habits in Genteng Village without positive legal formalities. Data were collected through structured interviews with local stakeholders related to the problem studied. The results of the study show that the practice of land ownership in Genteng Village is often based on proof of sale and purchase such as sales and purchase receipts, without a positive legal process such as adequate certification or name change. The behavioral economic theory sees that the habits of the people of Genteng Village are only temporary and inconsistent in nature so that they can change in the future. The perspective of progressive law that emphasizes more on the aspect of justice views that the existing legal certainty must contain formal aspects and substantial aspects.
Extinguishing Mining License C and Its Impact on Community Development Hidayat, Dudung; Junaedi, Junaedi; Permana, Deni Yusup; Andri, Gusti Yosi; Karmenita, Karmenita; Valentina, Evelyn Azaria; Rahardjo, Adhinda Maharani
Journal Research of Social Science, Economics, and Management Vol. 2 No. 8 (2023): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v2i08.410

Abstract

Mining is an activity that is one of the biggest sources of regional income, but on the other hand mining activities often cause bad symptoms in the community. The existence of excavation c which causes environmental damage and loss to the surrounding community is a problem that never subsides for discussion. This study aims to identify and describe IUP Excavation C and its Impact on Community Development. This study uses a descriptive qualitative approach. The concept of legislation and spatial planning that has not been ideally actualized has resulted in this phenomenon not being handled properly, especially in the Cirebon and surrounding areas, even though there is already a legal basis and concept of environmental management but it seems as if it already exists. not yet realized.
Marriage legalization: Preserving the customary marriage tradition of the ethnic Chinese community in Cirebon City Andri, Gusti Yosi; Nandar, Aris Putra; Wibisono, Bambang; Hardjowikarto, Dharliana; Suhaeni, Eni; Angwarmase, Raymond; Kartini, Murtiningsih
Interdisciplinary Social Studies Vol. 4 No. 1 (2024): Regular Issue: October-December 2024
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/iss.v4i1.731

Abstract

This study aims to investigate efforts to preserve traditional Chinese marriages through marriage legalization in the city of Cirebon, Indonesia. The study used a qualitative approach with a descriptive type of research because it is to minimize changes in attitudes from the millennial generation that can cause the loss of traditions and cultural heritage of ancestors regarding customary marriage. The population studied was ethnic Chinese who are members of the Chinese Ethnic Social Clan, both traditionally and nationally. Data analysis was carried out using the content analysis method, using concepts from structural functionalism theory and social change theory as the framework of analysis. The results of the research show that marriages that are not registered can still be submitted for registration, even though they have exceeded the maximum limit (60 days) as long as a court decision in the form of a determination of marriage registration is obtained first. The validity of marriage is also studied from the theory of structural functionalalism. This research contributes to preserving cultural heritage by addressing the legal recognition of customarily married marriage in the Chinese ethnic community. The government needs to issue provisions that regulate the issue of the marriage registration mechanism due to the delay in marriage registration so that couples who have been married and have not been recorded get legal certainty that protects the validity of their marriage, especially regarding the status of children.
Co-Authors Aini, Anis Nuru Angwarmase, Raymond Arofah, Syifa Nurul Bambang Wibisono Djuariah, Djuariah Dudung Hidayat Endang Sutrisno Eni Suhaeni Fathurohman, Dadan Taufik Firdaus, Wildan Abyan Handiriono, Rd. Hardjowikarto, Dharliana Imaniffatillah, Imelda Rafsodia Khoviyatu Ismayana, Ismayana Junaedi Junaedi Karmenita, Karmenita Kartini, Murtiningsih Luthfiyah, Annisa Marchela, Putri Fania Maulida, Irma Milyanti, Mia Nandar, Aris Putra Nissa, Vinka Khoerun Octafiani, Dinny Permana, Deni Yusup Permana, Natasya Amanda Eka Prabangso, Azzahra Atu Pratama, Paradika Rhassely Adi Rahardjo, Adhinda Maharani Rahman, Hanfi Pauzia Ramadani, Jaka Mahisya Ratu Mawar Kartina Sabila, Firdausa Saskhia, Faradila Dwi Ayu Solichin Solichin Solihah, Rika Lailatus Susanto, Annisarahmah Utami Syaadah, Dinda Nailatus Tina Marlina Valentina, Evelyn Azaria