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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Bestuur Unifikasi: Jurnal Ilmu Hukum Diponegoro Law Review JURISDICTIE Jurnal Hukum dan Syariah Jurisprudence Law and Justice Unram Law Review Jurnal Penelitian Kesehatan Suara Forikes Jurnal Ilmiah Hukum LEGALITY Varia Justicia JMM (Jurnal Masyarakat Mandiri) SOEPRA Jurnal Hukum Kesehatan Madani Jurnal Politik dan Sosial Kemasyarakatan Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Legal Standing : Jurnal Ilmu Hukum Jurnal Hukum Volkgeist PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat JURNAL HUKUM dan KENOTARIATAN Pena Justisia: Media Komunikasi dan Kajian Hukum Media Keadilan: Jurnal Ilmu Hukum JURNAL USM LAW REVIEW Madani : Indonesian Journal of Civil Society Jurnal Supremasi Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences LEGAL BRIEF KADARKUM: Jurnal Pengabdian Kepada Masyarakat JHCLS Interdisciplinary Social Studies Multidiciplinary Output Research for Actual and International Issue (Morfai Journal) Jurnal Hukum Ekonomi Islam (JHEI) Jurnal Pengabdian Masyarakat Bestari (JPMB) Jurnal ADAM : Jurnal Pengabdian Masyarakat Proceeding ISETH (International Summit on Science, Technology, and Humanity) Prosiding University Research Colloquium terAs Law Review: Jurnal Hukum Humaniter dan HAM Jurnal Indonesia Sosial Teknologi Journal of Sustainable Development and Regulatory Issues International Journal of Law and Society Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah Law and Justice Mitsaqan Ghalizan SASI Media of Law and Sharia Jurnal Ilmu Sosial dan Humaniora Prosiding Seminar Nasional Program Doktor Ilmu Hukum Proceeding International Conference Restructuring and Transforming Law
Wardah Yuspin
Universitas Muhammadiyah Surakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Medicine & Pharmacology Nursing Public Health Social Sciences Other

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Prospects and Challenges of Shar’i Insurance in Efforts to Compensate Victimsof Natrual Disaster in Indonesia ellectrananda anugerah ash-shidiqqi; Aidul Fitiada Azhari; Kelik Wardiono; Wardah Yuspin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 1 (2022): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i1.1951

Abstract

The presence of sharia insurance in Indonesia complements the presence of types of insurance in Indonesia. The existence of sharia insurance in an effort to compensate victims of natural disasters is very important because the existence of Muslims requires halal certainty from insurance, how it differs from conventional products, what are the prospects in Indonesia and what are the challenges faced. Qualitative descriptive method was chosen to describe the condition of Islamic insurance in Indonesia. The results of the study indicate that in the development of sharia insurance in an effort to compensate victims of natural disasters, there are prospects, obstacles and various supports needed for the development of sharia insurance in Indonesia, synergy between Ulama, government Umara in the form of regulation and supervision
Responsibility For Product Defects In Marketplace Shopee: Study Of Electronic Transactions Salsabila Athiyyatulmajid; Kuswardhani Kuswardhani; Wardah Yuspin
Jurnal Indonesia Sosial Teknologi Vol. 4 No. 9 (2023): Jurnal Indonesia Sosial Teknologi
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jist.v4i9.728

Abstract

Advances in internet technology have given development to buying and selling online. This causes the consumer's position to become weaker in front of the seller because the product to be purchased cannot be checked directly, so if defects are hidden, this can harm consumers. Due to the large number of cases of product defects that occur, this paper will discuss liability for product defects both from the perspective of the electronic transaction information law and according to marketplace policies. According to the ITE Law liability can be in the form of imprisonment and according to the marketplace policy, it will get accumulated penalty points. This study uses normative research methods whereas the data collection technique uses library research. The purpose of this research is so that people who are victims of product defects know what steps to take in seeking accountability according to applicable laws and policies.
Kesesuaian Akad dan Transaksi Digital pada Fintech Syariah dengan Prinsip Hukum Muamalah Fatimah Salma Azzahra; Azhar Alam; Wardah Yuspin
Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah Vol. 8 No. 2 (2026): Al-Kharaj: Jurnal Ekonomi, Keuangan & Bisnis Syariah
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/alkharaj.v8i2.11244

Abstract

This study aims to identify and describe the various forms and types of contracts used in Islamic fintech services in Indonesia, and to analyze and assess the level of conformity of contracts and digital transactions in Islamic fintech with the principles of muamalah law according to Islamic teachings. The study used a qualitative literature study method with a normative-theological approach. Data sources were secondary sources collected using library research techniques. Data were considered valid if they met the criteria of credibility, transferability, dependability, and confirmability. Data were analyzed using qualitative descriptive techniques. The results show that Islamic fintech in Indonesia has implemented various Islamic contracts, such as sale and purchase, musyarakah, mudharabah, wakalah bil ujrah, and qardh, which are used according to service characteristics and user needs. In general, the digital transaction mechanisms in Islamic fintech are in line with the principles of muamalah law because they are supported by clear contracts, system transparency, and regulatory oversight that ensures the avoidance of usury, gharar, and other prohibited practices.
Failure to Provide Maintenance by a Husband as Grounds for Divorce: An Analysis of the Temporal Discrepancy Between Supreme Court Circular Letter (SEMA) No. 1 of 2022 and Article 116 of the Compilation of Islamic Law (KHI) Ardi Akbar Tanjung; Kelik Wardiono; Khudzaifah Dimyati; Wardah Yuspin; Mohammed Razi Ellathodi
Mitsaqan Ghalizan Vol. 6 No. 1 (2026): Mitsaqan Ghalizan
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/mg.v6i1.12739

Abstract

According to both Indonesian national law and Islamic law, marriage is regarded as a sacred covenant (mitsāqan ghalīẓan) that establishes reciprocal rights and obligations between spouses, including the husband's duty to provide maintenance (nafkah). Failure to fulfill this obligation may constitute grounds for divorce, particularly through the mechanism of taklik talak violation under Article 116 of the Compilation of Islamic Law (KHI). However, Supreme Court Circular Letter (SEMA) No. 1 of 2022 introduces a different time requirement, creating a normative discrepancy with the KHI and the sighat taklik talak contained in the marriage certificate. This study examines the differences between these regulations and their implications for legal certainty, substantive justice for wives, and the practice of religious courts. This research employs a normative legal method, drawing on statutory and conceptual approaches. The findings indicate that the discrepancy in time limits creates a conflict between substantive law and judicial guidelines, resulting in inconsistent court decisions and legal uncertainty. The twelve-month requirement may disadvantage wives, particularly those in vulnerable economic conditions, by delaying access to divorce and post-divorce rights. From the perspective of substantive justice and maqāṣid al-sharī‘ah, such a prolonged period may undermine the protection of human dignity and welfare. Therefore, this study recommends harmonizing the relevant norms by maintaining the KHI as substantive law, designating SEMA as a technical guideline for evidentiary matters, and differentiating its application based on the nature of the marital violation.
QUALITATIVE STUDY OF FRAUD IN HEALTH SERVICES AND LEGAL FRAMEWORK IN INDONESIA: A LITERATURE REVIEW Diaz Alifarizki Zuvarcan; Wardah Yuspin; Arief Budiono
Diponegoro Law Review Vol 10, No 1 (2025): Diponegoro Law Review April 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.1.2025.42-53

Abstract

Health sector fraud is a significant global challenge that undermines health systems by exploiting financial gains through methods like upcoding and false insurance claims. Despite legal updates, healthcare fraud remains a persistent issue. This study systematically examines fraud detection techniques and the legal framework, providing insights to guide policymakers in developing effective prevention strategies in Indonesia. This research employs a doctrinal research methodology with a literature review approach. Using secondary data from Scopus, PubMed, ScienceDirect, and Google Scholar, this study investigates the patterns, causes, and effects of fraud in the Indonesian healthcare system. This paper reviews nine selected articles and compares them with updated Indonesian legal instruments, mainly Law No. 17 of 2023 on Healthcare and Law No. 1 of 2023 on Criminal Code. The findings demonstrate that although legislative reforms have introduced stricter provisions, their implementation remains inconsistent due to lack of oversight and technology. This study proposes integrative strategies, such as digital audit systems, strengthening legislation, and public reporting mechanisms, to improve fraud prevention. It contributes to the debate by identifying gaps in enforcement and proposing regulatory and technological solutions to strengthen the transparency and integrity of the Indonesian healthcare system.
Perlindungan Hukum terhadap Anak sebagai Pelaku Penyalahgunaan Narkotika melalui Media Digital: Studi Kompratif Hukum Islam dan Hukum Positif Indonesia Yusril Aulia Patra; Muchamad Iksan; Wardah Yuspin
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/c43fza62

Abstract

Drug abuse by children is now developing through new patterns based on digital technology, such as transactions via social media, encrypted communication, and the influence of online social media. This situation places children in two positions simultaneously: as perpetrators of drug abuse and as victims of telematic crimes that exploit their vulnerability. This article analyzes the legal protection of children as perpetrators of drug abuse through digital media using a comparative approach between Islamic law and Indonesian positive law. Using a normative juridical method, this study finds that Islamic law emphasizes the protection of the soul and mind through the maqashid sharia, so that moral rehabilitation and spiritual development are priorities in child care. Meanwhile, Indonesian positive law, through the SPPA Law and the Narcotics Law, positions children as parties who must be protected with a rehabilitative and restorative justice approach, including when drug abuse is carried out through electronic means. The results of the study indicate that the development of telematic modes in drug abuse requires stronger harmonization between Islamic legal values and national regulations to provide comprehensive protection for children amid the rapid threat of digital crime against the younger generation.
Ultimum Remedium in Environmental Criminal Law Enforcement Aprilia Dyah Puspitasari; Abdullah Tri Wahyudi; Wardah Yuspin
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/hyx9vc50

Abstract

In environmental cases, some have adopted the principle of Ultima Ratio as a last resort to address the problem. The aim is to enforce environmental law, distinct from criminal law enforcement, and to apply the Ultimum Remedium Principle of Environmental Law according to Positive Law. This study employs a normative juridical method and literature-based data collection techniques. The results of the Research are the principle of ultimum remedium (last resort) in resolving environmental criminal cases. In 2024, police case files at the investigation stage were not completed for 187 cases, and in 2025, case files in Pegcourt were not completed for 21 cases. The criminal process involves police reports, stalking investigations at the prosecutor's office, and court verdicts. Ultimum Remedium is invoked to encourage settlement through mediation. In 2024, there will be 32 cases outside the Court with agreements, and in 2025, 38 cases with contracts and negotiations. The conclusion is that the Law and Government Regulation on Environmental Management regulates environmental law enforcement through criminal law. Under government regulations, environmental damage can be subject to administrative, civil, and criminal penalties. In addition, the term Ultimum Remedium encourages mediation through agreements or negotiations.
Perlindungan Hukum Bagi Anak Korban Kekerasan Seksual di Lingkungan Sekolah Nur Hasanah; Wardah Yuspin
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/vmbxrh37

Abstract

Sexual violence against children in schools has become a public focus. Schools, which are supposed to be places for learning and educating children to become educated individuals, are instead used by some teachers or educators to fulfilll their desires. Therefore, children as victims need to be given legal protection. The role of teachers in schools, who are supposed to be parents, should not be that of perpetrators of sexual violence. The first problem focus to be discussed is the effectiveness of protecting children who are victims of sexual violence in the school environment according to laws and regulations. The second is child protection efforts for victims of sexual violence in the school environment. This paper aims to analyze and assess the effectiveness of legal protection regulations for children as victims of sexual violence in the school environment based on Law Number 35 of 2014 concerning Child Protection. Second, to identify and examine the forms and efforts of legal protection provided to victims. This research uses a normative legal research method that employs legal material collection methods, literature studies, or document studies. The results of this study show that legal protection for children is already regulated in Law Number 35 of 2014, but this law has not been implemented optimally due to obstacles. Therefore, legal protection for children in the school environment requires preventive and repressive efforts, as well as cooperation between the government and the community
The Regulations of the Supervisory Officer Personal Data Protection-Based Accountability Principle Wardah Yuspin; Trisha Rajput; Abhinayan Basu Bal; Kelik Wardiono; Absori Absori
BESTUUR Vol 12, No 1 (2024): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v12i1.89742

Abstract

This study examines The Model of Regulations Supervisory Officer Personal Data Protection-Based Accountability Principle: Lessons from Sweden. This study is a qualitative approach by reviewing and analyzing legal aspects and comparing laws. Even though Indonesia has a personal data protection law, misuse of personal data is still excessive. Owing to accountability basis PDP supervision arrangements have not been properly implemented. Meanwhile, Sweden was chosen as a comparison country since it was one of the first countries to have a personal data protection law. The result shows that in Sweden, personal data is regulated in the General Data Protection Regulation and the personal data supervisor well implemented the principle of accountability therefore it worked effectively. Meanwhile in Indonesia, given that a data protection supervisor has not been established, Protection of personal data is still carried out by each agency appointed by law on a sectoral basis and it deemed less effective in providing personal data protection. Therefore, the personal data supervisor with a single rule and direct responsibility to the president is the perfect model for Indonesia.
Legal Protection for Members of The Sharia Savings and Loan Cooperative Rohmat Soekarno; Isman Isman; Wardah Yuspin
Proceeding ISETH (International Summit on Science, Technology, and Humanity) 2025: Proceeding ISETH (International Summit on Science, Technology, and Humanity)
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examines legal protection for members of Islamic savings and loan cooperatives in the event of default due to mismanagement, resulting in members being unable to withdraw their savings due to a lack of funds. The discussion focuses on the role of law in guaranteeing the restoration of members' rights and the need for legal certainty so that disputes do not drag on and do not only depend on the cooperative's internal mechanisms. The research uses a normative-empirical legal approach with qualitative analysis that links legal norms and institutional practices. The normative study is based on Law Number 25 of 1992 concerning Cooperatives and PermenKopUKM Number 8 of 2023, as well as the principles of muamalah in sharia economic law as an ethical and substantive framework. The analysis shows that, normatively, the management bears responsibility for losses incurred by the cooperative due to errors or negligence. However, the implementation of protection for members remains weak due to limited supervision, low transparency in reporting, weak auditing and administrative evidence, and the dominance of internal settlements that are not always independent. The absence of a cooperative deposit guarantee scheme increases members' legal uncertainty regarding their deposit rights and prolongs the recovery process. From a sharia perspective, this condition contradicts the principle of amanah and the objective of asset protection (hifz al-mal), thus requiring the strengthening of governance and accountability mechanisms. This article emphasizes the importance of effective supervision, adequate access to information for members, confirmation of management accountability, and enforceable dispute resolution mechanisms to ensure fair legal protection and certainty.
Co-Authors Abdullah Tri Wahyudi Abhinayan Basu Bal Absori Achmad Miftah Farid Adi Nugroho Adityo Wiwit Kurniawan Ahmad Ghufron Ahmad Setiawan Ahzar, Rizki Maulana Aidul Fitiada Azhari Aidul Fitriciada Azhari Alfan Dzikria Nurrachman Amanda Putri Ariyani Amandha Bayu Wiedyasari Ameilia Annisa Salsabila Andria Luhur Prakoso Andriadin, Andriadin Andriati, Fatmi Anindhita Nurfaatin Sukirman Anisa, Nurul Aprilia Dyah Puspitasari Ardi Akbar Tanjung Arief Budiono Ario Trisaksono Ata Fauzie Ata Fauzie Aya Mohammed Youssef Abd Allah Azhar Alam Bagas Sinung Pradana Bahari, Roni Baskoro Tri Pamungkas Basuki, Muhammad Nur Aji Berlian Ramadhany Ayuningtyas Berliana Anggita Putri Bima Wahyu Bintoro Binar Sapto Nugroho Danang Kurniawan Danang Sugihardana Diana Setiawati Diaz Alifarizki Zuvarcan Diyah Murti Hastuti Dustin Ivananda Fadilla ellectrananda anugerah ash-shidiqqi Eny Purwandari Esmara Sugeng Etyn Ariyani Susilowati Fadhilah, Astutik Fafta Aini Putriana Fahmi Fairuzzaman Falah Al Ghozali Farhan Restu Ernanda Fatimah Salma Azzahra Femy Wahyu Fitriani Gandung Triyanto Genta Arya Mohammad Ghufron, Ahmad Gulyamov, Said Gulyamov, Said Saidakhrarovich Harun Haszmi Alfateh Hatinuraya, Yurisvia Previlega Hidayah Ken Kinasih Hidayat, Syamsul I Istani Iksan Indah Maulani Iramadya Dyah Marjanah Iramadya Dyah Marjanah Irawansah, Didik Isman Isman Jati, Ridho Bawana Jompon Pitaksantayothin Jompon Pitaksantayothin Kelik Wardiono Kelik Wardiono Khudzaifah Dimyati Kuswardhani Kuswardhani Lukman Hakim Luthfiah Firdaus M Junaidi Marisa Kurnianingsih Marjanah, Iramadya Dyah Moh. Indra Bangsawan Mohammed Razi Ellathodi Muchamad Iksan Mudofi, Luthfi Nurul Hidayah Muhamad Ramdhani Jihad Muhammad Edi Hermawan Muhammad Nur Aji Basuki Muhammad Nur Aji Basuki Muhtar Arifin Mutimatun Niami Nasrullah Natangsa Surbakti Naufal Sheva Alfauzi Nur Hasanah Nur ilmi putri febriyanti Nurlina Afifah Litti Peggy Dian Septi Nur Anggraini Pramesti, Nadila Putri Rachma Putri Dwi Amalia Rajput, Trisha Ramadhan Arihta Ginting Ridho Bawana Jati Ridho Bawana Jati Ridwan Rika Yunita Hardiyati Rizka Rizka Rizka Rizka Rizky Aditya Chandra Rohmat Soekarno Rully Syahrul Mucharom Ryska Noviasari Said Saidakhrarovich Gulyamov Sakia Agia Salsabella Salsabila Athiyyatulmajid Septarina Budiwati Setiyawan, Wahyudi SH, Harun Shofiana Eka Aulia Siti Soekiswati Syaifuddin Zuhdi Syaifuddin Zuhdi Tampawestri, Miranti Kusretno Tasya Cantik Alya Nabila Trisha Rajput Trisno Rahardjo Ulfa, Nadiya Wiliani, Amalia Y Yudanto Yudanto Yudanto Yulian Dwi N Yurisvia Previlega Hatinuraya Yusril Aulia Patra