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Rafianti, Fitri
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TRANSFER OF RIGHTS TO CULTIVATED LAND ACCORDING TO LAW NO. 18 OF 2021 CONCERNING LAND/AGRARIAN AFFAIRS IN ISLAMIC LEGAL ANALYSIS Ivan Astavan Manurung; Mhd. Azhali Siregar; Fitri Rafianti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.133

Abstract

This study examines the transition of rights over cultivated land to private ownership, focusing on Indonesian positive legal regulations and analyzing them from an Islamic legal perspective. The background to this research stems from the reality that much land in Indonesia, particularly ex-HGU (HGU) or abandoned land, has long been cultivated by communities without legal certainty. Government Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Apartment Units, and Land Registration provides a new legal framework that allows cultivators to obtain ownership rights to the land, provided they meet administrative and substantive requirements. The research method used is normative legal research with a statutory and conceptual approach, examining applicable positive legal provisions and Islamic legal principles related to land ownership and management. Under positive law, the process of transferring rights to cultivated land to ownership involves an inventory of the object and subject, verification of ownership, proof of continuous land management, release of rights from the previous party, and issuance of a certificate by the National Land Agency (BPN). Meanwhile, under Islamic law, land ownership can be obtained through the concepts of ihya' al-mawat (reviving dead land) and iqtha' (land granting by the ruler), with the basic principles of justice (al-'adl), benefit (al-mashlahah), and the prohibition of land abandonment. The analysis shows that the policy in Government Regulation No. 18 of 2021 is in accordance with sharia principles, especially regarding the granting of rights to cultivators who use the land productively and sustainably. The integration of positive law and Islamic law is expected to create a land system that is just, sustainable, and supports the welfare of the community. This study recommends that policy implementation be accompanied by strict supervision to prevent land speculation and ensure that land continues to be used for the common good.
Analysis of the Effectiveness of the Execution of Mortgage Rights from the Perspective of the Principle of Good Faith and Balance of Interests Ismed, Ismed; Fitri Rafianti; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

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Abstract

Parate execution of mortgage rights is a legal instrument that grants extraordinary authority to creditors to auction collateral objects without going through the courts, as stipulated in Article 6 and Article 14 paragraph (2) of Law Number 4 of 1996 concerning Mortgage Rights. This mechanism is normatively claimed as a form of efficiency and legal certainty in resolving problem loans. However, in practice, the implementation of parate execution is fraught with inequality and potential violations of the principle of justice, especially for debtors. Many debtors are forced to lose assets through public auctions conducted unilaterally, without room for negotiation, without adequate supervision, even at auction prices that do not reflect fair market value. As a result, instead of settling their debts, debtors are trapped in the trap of remaining debt after execution. This proves that the law has been used to perpetuate the economic domination of creditors and ignore the basic rights of debtors. This research shows that the concept of parate execution in the UUHT does not fully reflect the principles of good faith and balance of interests as mandated in Article 1338 paragraph (3) of the Civil Code and the decisions of the Constitutional Court. The imbalance in bargaining position between creditors and debtors is not compensated by adequate legal protection. Therefore, it is necessary to reformulate the norms, including limiting the right of unilateral execution, strengthening the space for negotiation, and developing alternative auction mechanisms that are fairer and more transparent. Without fundamental corrections, parate execution will continue to be a tool for legalizing structural inequalities that harm social justice and negate the spirit of the law as a guardian of the human rights of every citizen.
Problems Facing Muslim Consumers of Imported Cosmetic Products Not Labeled as Halal (Study of Law No. 33 of 2014 Concerning Halal Product Guarantees) Fitri Rafianti
International Journal of Society and Law Vol. 3 No. 3 (2025): December 2025
Publisher : Yayasan Multidimensi Kreatif

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Abstract

In recent decades, Muslim awareness of the importance of halal products has increased, not only in food and beverages but also in other sectors such as pharmaceuticals and cosmetics. The halal cosmetics industry has experienced significant growth in recent years, opening up opportunities for the import of cosmetics in Indonesia, both offline and online. However, this has not been accompanied by binding regulations for either producers or distributors, leading to various problems. Among these is the frequent inclusion of halal labels on packaging that contain non-halal ingredients, particularly in cosmetics containing mercury and other hazardous substances. In other practices, many imported cosmetics are still found to be circulating without halal labels, This has caused uncertainty among Muslim consumers and opened the door to legal issues, consumer protection concerns, and questions about the effectiveness of regulations regarding the entry of foreign products with halal labels. Therefore, several important issues need to be discussed, namely: How do regulations govern the circulation of imported cosmetic products, and how does Law No. 33 of 2014 on Halal Product Guarantees regulate halal labels for cosmetics? Additionally, what are the challenges faced by Muslim consumers regarding imported cosmetics without halal labels, The research method used in this study is the normative juridical method, whereby the researcher conducts an assessment based on laws, government regulations, and other legal sources as a basis for analyzing the issue. The distribution of imported cosmetics in Indonesia related to Halal Product Guarantee shows challenges, especially in terms of harmonizing halal labeling requirements between institutions. Uncertainty in implementation at the business level causes ambiguity in the application of regulations. Law No. 33 of 2014 concerning halal product guarantee is expected to provide clarity for producers whose products are distributed in the domestic market.
Juvenile Justice in Indonesia: Analysis of Positive Law and Islamic Law Edi Yaksa; T. Riza Zarzani; Fitri Rafianti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.146

Abstract

The juvenile criminal justice system in Indonesia is specifically regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System as a form of lex specialis to the Criminal Procedure Code, which marks a shift in approach from a retributive system to a more restorative and rehabilitative system. This study aims to analyze how Indonesian positive law regulates juvenile justice and explore how Islamic law views the position of children who commit crimes. The study uses a normative juridical method with a statutory and conceptual approach, and is based on two main legal theories, namely John Rawls' Theory of Justice and Imam Al-Syathibi's Maqasid al-Syariah Theory. The results show that both Indonesian positive law and Islamic law have the same goal of protecting children's rights through educative and non-repressive mechanisms. However, there are philosophical differences in determining the limits of criminal responsibility, where positive law uses chronological age as a measure, while Islamic law emphasizes mental maturity (baligh). This study emphasizes the importance of synthesizing values ​​between the national legal system and Islamic legal principles to establish a juvenile justice system that is not only procedurally just, but also substantively and contextually just. The main conclusion of this study is that Indonesia needs to redesign its juvenile criminal law paradigm by integrating the principles of distributive justice and the spiritual values ​​of its society, so that the law becomes not merely a tool of power, but a vehicle for liberating children from the misleading logic of punishment
The Implementation of Restorative Justice in Minor Theft Cases Under Aceh Qanun Number 9 of 2008 on the Development of Customary Life and Traditions Hartana , Hartana; T. Riza Zarzani; Fitri Rafianti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.147

Abstract

This study discusses the implementation of restorative justice in resolving petty theft cases in Aceh based on Aceh Qanun Number 9 of 2008 concerning the Development of Customary Life and Customs, with an emphasis on the role of village customary institutions and the support of regional regulations in strengthening the effectiveness of case resolution. The restorative justice paradigm is seen as an alternative to the retributive approach that has dominated the national criminal justice system, emphasizing the restoration of the original state, the responsibility of the perpetrator, and the involvement of victims and the community. In the context of Aceh, the position of customary institutions is legally recognized through Law Number 11 of 2006 concerning the Government of Aceh, Qanun Number 9 of 2008, and strengthened by the Joint Decree of the Governor of Aceh, the Chief of the Aceh Police, and the Aceh Customary Council in 2011–2012, and Aceh Governor Regulation Number 60 of 2013. These regulations provide a legal basis as well as technical guidelines for the implementation of village customary justice in handling petty theft cases through customary deliberations in the meunasah. The research method used is a socio-legal approach with literature review and observation, combining normative analysis of laws and regulations with empirical studies of social practices in the community. The results show that resolving petty theft cases through village customary courts is faster, cheaper, and more acceptable to the community, and is more effective in maintaining social harmony than formal justice. However, challenges remain, such as potential injustice in customary deliberations, limited documentation, and coordination with law enforcement officials. Therefore, guidance, supervision, and capacity building of customary institutions are needed to ensure the principles of restorative justice are truly realized. This study concludes that the Aceh model in integrating customary law with formal law can be a national reference in developing a more effective, humane, and local wisdom-based mechanism for resolving minor criminal cases.
The Impact of Customary Law Implementation in Crime Resolution after the Reform of National Criminal Law in Indonesia Hasman Hidayah; T. Riza Zarzani; Fitri Rafianti
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.148

Abstract

This study examines the impact of the application of customary law in resolving crimes in Aceh Province following the enactment of the National Criminal Code (KUHP) Number 1 of 2023. As the only region with special autonomy in the legal sector, Aceh has a dual legal system that integrates national law, Islamic law, and customary law through Qanun. This study examines how the recognition of customary law in the new KUHP strengthens the legitimacy of resolving minor criminal cases in Aceh, which have previously been resolved through customary village deliberation mechanisms. Through a normative and sociological approach, this study found that the provisions in Article 2 paragraph (1) and Article 97 of the 2023 Criminal Code explicitly recognize existing laws within society as sources of criminal law, including customary laws codified through regional regulations such as the Aceh Qanun. Empirical findings indicate that more than 60% of minor criminal cases in several districts in Aceh have been resolved through customary institutions, with a high level of community acceptance and satisfaction. This emphasizes the role of customary law as an effective and contextual means of restorative justice. However, implementation challenges such as disharmony between the Criminal Code and Qanun (Indonesian Law), suboptimal understanding among law enforcement officials, and limited customary documentation are significant concerns. Therefore, steps are needed to synchronize regulations, increase the capacity of customary institutions, and foster cross-sectoral development so that customary law can function optimally within a pluralistic national criminal justice system.
Law Enforcement Against the Criminal Act of Online Gambling in the Jurisdiction of Central Aceh Indah Permata Sari; Fitri Rafianti; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.149

Abstract

The phenomenon of online gambling has become a form of cybercrime that is increasingly prevalent in various regions, including in special autonomous regions such as Central Aceh. This article critically examines law enforcement against online gambling crimes using normative and juridical-empirical approaches, particularly in the context of the application of national law and Aceh Qanun Number 6 of 2014 concerning Jinayat Law. The study results indicate that law enforcement still faces various substantial and structural obstacles, such as regulatory disharmony between national criminal law and Jinayat law, limited technical capacity of law enforcement officers in handling digital crimes, and low public legal awareness of the prohibition of gambling crimes. Although Aceh has local legal instruments based on Islamic law, their implementation has not been fully effective in addressing the dynamics of technology-based crime. The author recommends the need for harmonization of legal norms, strengthening digital forensic institutions, and an educational approach based on local values ​​to realize an adaptive and equitable law enforcement system in the Aceh region.
Analysis of Criminal Investigation of Sexual Abuse Against Mentally Disabled Children at the Aceh Tengah Police Department Khairul Huda Rizka; Fitri Rafianti; Mhd. Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.150

Abstract

This study aims to analyze the investigation process of child molestation crimes against children with mental retardation at the Central Aceh Police, as well as to identify inhibiting factors and efforts to overcome obstacles in its implementation. This study uses an empirical juridical approach with a focus on the effectiveness of the implementation of laws and regulations, such as Law Number 8 of 1981 concerning Criminal Procedure, Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, Law Number 35 of 2014 concerning Child Protection, and Law Number 8 of 2016 concerning Persons with Disabilities. The results of the study indicate that investigations of child victims with intellectual disabilities still face various structural, technical, and cultural obstacles, including limited technical regulations, a lack of investigator competence in an inclusive approach, and the absence of supporting facilities. This leads to a distortion of justice that deviates from the principle of due process of law and the substance of juvenile justice. Within the framework of responsive legal theory and corrective justice, it is concluded that reform of investigative procedures for children with special needs is a legal and ethical necessity. Investigations must be based not only on the objective of formal evidence, but also on the imperative of protecting and respecting human dignity. Therefore, the state is required to be a real, impartial protector, not merely an enforcer of procedures.
The Imposition of Criminal Sanctions on Perpetrators of Pedophilia in the Indonesian Legal System Tarmina , Tarmina; Fitri Rafianti; Mhd. Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 3 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i3.154

Abstract

This study examines the effectiveness of legal regulations in Indonesia in imposing criminal sanctions on perpetrators of pedophilia and formulates recommendations for legal reform to strengthen child protection in the future. The study uses a normative juridical approach that focuses on the study of written legal norms, particularly provisions in the Criminal Code (KUHP), Law Number 23 of 2002 concerning Child Protection as amended by Law Number 35 of 2014, and Law Number 17 of 2016 which introduced additional penalties in the form of chemical castration. The results of the study indicate that normatively the existing regulations are quite progressive, as seen from the increase in the minimum criminal penalty of five years and a maximum of fifteen years, increased sentences for perpetrators who have a special relationship with children, the introduction of restitution for victims, and additional special penalties. However, the effectiveness of these regulations still faces several obstacles, including a weak understanding of the characteristics of pedophilia among law enforcement officials, disparities in sentencing, limited restitution mechanisms, and minimal psychological protection for child victims in the judicial process. This study recommends several legal reform measures, including codifying specific laws regarding child protection, strengthening the explicit definition of pedophilia in the law, classifying criminal offenses based on severity, automated mechanisms for granting restitution, utilizing technology to protect victims in court, and strengthening rehabilitation programs for perpetrators with mental disorders. Furthermore, harmonizing national regulations with international instruments such as the Convention on the Rights of the Child is also crucial to ensure child protection standards align with global commitments. By implementing these reforms, it is hoped that the Indonesian legal system will not only serve to punish perpetrators but will also be able to deliver substantive justice by guaranteeing the recovery, protection, and best interests of children as victims of pedophilia
Tanggung Jawab Hukum Penjual dalam Transaksi Jual Beli Online Shopee Pre-Order yang Mengalami Keterlambatan Fahilly, Anjas; Nurhayati, Siti; Rafianti, Fitri
Innovative: Journal Of Social Science Research Vol. 5 No. 3 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i3.19643

Abstract

Abstrak Perkembangan teknologi informasi telah mengubah perilaku bertransaksi masyarakat, terutama melalui platform e-commerce seperti Shopee yang menawarkan sistem pre-order. Meskipun sistem ini memungkinkan konsumen memesan barang sebelum tersedia, sering timbul masalah keterlambatan pengiriman yang merugikan konsumen. Penelitian hukum normatif ini menganalisis bahwa tanggung jawab penjual dalam keterlambatan pengiriman pre-order diatur dalam beberapa peraturan perundang-undangan, meliputi UU No. 8 Tahun 1999 tentang Perlindungan Konsumen (Pasal 7, 16, dan 19), UU No. 19 Tahun 2016 tentang Perubahan Atas UU ITE, PP No. 71 Tahun 2019, serta KUH Perdata (Pasal 1243 tentang wanprestasi). Konsumen yang dirugikan dapat menuntut ganti rugi berupa pengembalian uang (refund), penggantian barang sejenis, atau kompensasi yang mencakup biaya (kosten), rugi (schaden), dan bunga (interessen) sebagai keuntungan yang diharapkan pembeli. Kata Kunci: Tanggung Jawab Hukum, Jual Beli Online, Pre-Order, Keterlambatan. Abstract The development of information technology has transformed transaction behaviors in society, particularly through e-commerce platforms like Shopee that offer pre-order systems. Although this system allows consumers to order goods before they become available, delivery delays that harm consumers frequently occur. This normative legal research analyzes that seller responsibility in pre-order delivery delays is regulated under several laws, including Law No. 8 of 1999 on Consumer Protection (Articles 7, 16, and 19), Law No. 19 of 2016 on Electronic Information and Transactions, Government Regulation No. 71 of 2019, and the Civil Code (Article 1243 on breach of contract). Affected consumers can claim compensation in the form of refunds, replacement of similar goods, or compensation covering costs (kosten), losses (schaden), and interest (interessen) as the expected profits for buyers. Keywords: Legal Responsibility, Online Purchase, Pre-Order, Delay.
Co-Authors , Rahmad Sembiring Alief, Muhammad Arman Candra Arya Tjipta Prananda Asmuni Asmuni Asmuni Asmuni Asmuni Asmuni Bambang Fitrianto Damanik, Rusli Efendi Edi Yaksa Erika, Winda Fahilly, Anjas Fitrianto, Bambang Harahap, Aswindari Hartana , Hartana Hasman Hidayah Henry Aspan Indah Permata Sari Indra Utama Tanjung Irsyam Risdawati Ismed Ismed Ivan Astavan Manurung Jamil Jamil Jamil Jamil Jasin Dosi Raja Simarmata Joko Susilo Khairul Huda Rizka M. Chaerul Rizky M. Hary Angga Pratama Sinaga M. Jamil Mhd. Azhali Siregar MOCHAMMAD ERWIN RADITYO Muhammad Andafi Muhammad Andafi Muhammad Harry Angga Pratama Sinaga Munardi, Rizky Najib Albana Daulay Onny Medaline Pintabar, Andar Jimmy Randi Alfian Robi Krisna Sitepu, Andrian Harmon Siti Nurhayati Siti Nurhayati Tarigan, Kevin Tarmina , Tarmina Tengku Riza Zarzani N Veronika T Wakhyuni, Emi Willyam Lorencius Hutabarat Yasmirah Mandasari Saragih Zul Pahmi Harahap Zulpahmi Harahap