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MEKANISME PENEGAKAN HUKUM TERHADAP HAKIM YANG MELAKUKAN PELANGGARAN KODE ETIK DI MAHKAMAH KONSTITUSI YANG MEMENUHI UNSUR PIDANA (STUDI PUTUSAN NOMOR. 01/MKMK-SPL/II/2017) Henny Pertiwi Gani; Abdul Gani Abdullah
Jurnal Hukum Adigama Vol 3, No 1 (2020): Jurnal Hukum Adigama
Publisher : Fakultas Hukum Universitas Tarumanagara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24912/adigama.v3i1.8946

Abstract

Violation off the code off ethics committed by judges is an act that worsens the image of the judiciary in Indonesia, violations that have the potential to be criminal or just sanctions.  More researchs is needed to understand the accountability of judges who violate potentially criminal code of ethics.  The type used in this study is normative legal research.  Normative legal research is research to examine the application of positive law.  Based on existing research, it is found that there are two forms of accountability of judges, the first is criminal responsibility carried out through general courts and the second is professional accountability handled by each of the existing institutions.  Judges are proposed to be dismissed and have the opportunity to defend themselves before the Honorary Board of Judges.  Based on the results of the honorary council session will determine what sanctions are most suitable with the judge who has violated it.  In this form of accountability, hopefully it will provide a deterrent effect and improve the image of the judiciary in Indonesia.
From Financial to Moral-Ethical Concerns: Changing Pattern of Divorce Reasons at the Religious Court of Bekasi, Indonesia Mazro'atus Sa'adah; Mudzhar, M. Atho’; Abdullah, Abdul Gani; Subhan, Zaitunah
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 14 No. 2 (2024): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2024.14.2.142-170

Abstract

This study examines the changing causes of divorce at the Religious Court of Bekasi between 2011 and 2020. Employing a qualitative approach, the study utilizes descriptive analysis of recorded divorce cases to explore these trends. The findings reveal fluctuations in the primary causes of divorce. Initially, economic factors dominated, but over time, moral and ethical issues, such as infidelity, domestic violence, and neglect of responsibilities, became more prominent. Subsequently, economic reasons reemerged as a leading factor, albeit with a smaller margin. Social issues such as ineffective communication, lack of mutual respect, and external family interference also contribute to divorce cases. These changes are influenced by the evolving social dynamics and modernity of Bekasi's urban society, where perceptions of family roles have transitioned from a primarily economic partnership to one emphasizing love, self-fulfillment, and emotional connection. This study highlights that social transformation and modernity significantly impact divorce patterns in Bekasi, with economic and moral-ethical factors alternately taking precedence over the past decade.
ROGRAM LEGISLASI NASIONAL DALAM PROSPEKS UNDANG-UNDANG NOMOR 10 TAHUN 2004 TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Abdullah, Abdul Gani
Jurnal Legislasi Indonesia Vol 2, No 1 (2005): Jurnal Legislasi Indonesia - Maret 2005
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v2i1.283

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PENGANTAR MEMAHAMI UNDANG-UNDANG TENTANG PEMBENTUKAN PERATURAN PERUNDANG-UNDANGAN Abdullah, Abdul Gani
Jurnal Legislasi Indonesia Vol 1, No 2 (2004): Jurnal Legislasi Indonesia - Juni 2004
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum dan Hak Asasi Manusia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v1i2.270

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Litigation of Sharia Economic Bankruptcy: (Indonesian Bankruptcy Law Perspective) prihasmoro, adi; Suadi, Amran; Abdullah, Abdul Gani
Jurnal Hukum dan Peradilan Vol 14 No 1 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

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

Abstract

This study aims to gain a deep understanding of whether the issue of debts in the scope of sharia economics has been well accommodated in bankruptcy and debt settlement through the Commercial Court based on the Bankruptcy Law. This is normative legal research through literature study and case study, and it is enriched with interviews with sources at the Supreme Court. The results show that there has been an overlap in the court's competency to adjudicate based on applicable laws and regulations. There is no synchronization between the court's competency based on the Bankruptcy Law and based on the Religious Courts Law, especially regarding the settlement of debts within the scope of sharia economics. In the case study on the Commercial Court's decisions, it is known that its final settlements were made without sufficient consideration of sharia economics compliance principles. The Supreme Court, as the holder of judicial power, has attempted to fill the legal vacuum with its policies to synchronize so that the judicial process can run smoothly. Another solution to resolve the overlapping judicial competency arising from the Bankruptcy Law and the Religious Courts Law is to file a judicial review with the Constitutional Court, even though dilemmatic. The remaining issue is that the settlement of debt within the scope of sharia economics is still decided in the Commercial Court, not the Religious Court. The ultimate solution is to propose an amendment to the Bankruptcy Law to accommodate settlements within the scope of sharia economics.
Child Participation in Marriage Dispensation in Southeast Asian Muslim Countries from The Perspective of the Convention on the Rights of the Child Ernawati, Ernawati; Abdullah, Abdul Gani; Subhan, Zaitunah
Journal of World Science Vol. 2 No. 8 (2023): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v2i8.393

Abstract

The purpose of this research is to understand and analyze child marriages in Muslim-majority countries in Southeast Asia from the perspective of the Convention on the Rights of the Child. The research design used in this study is qualitative. The research nature is juridical-normative, referring to legal norms present in the legislations of Indonesia, Malaysia, and Brunei Darussalam. The research results indicate that using the CRC's concept of Child Participation in dispensations for underage marriage, it was previously shown that the concept of child protection encompasses a broad scope (O'Donnell), and the Convention on the Rights of the Child emphasizes that all actions taken concerning the child must be contextually appropriate, for the best interests of the child (Eekelaar). Therefore, this study shows to what extent the protection of children's rights regarding their participation in dispensations for underage marriage in Southeast Asian Muslim countries, is allegedly contradictory to the CRC's definitive provision on the age of the child. This research implies that it can help analyze the extent to which child marriages violate the rights of the child as guaranteed by the Convention on the Rights of the Child. It aids in understanding how cultural and religious factors influence the practice of child marriages in Muslim-majority countries in Southeast Asia. Additionally, the results of this research could stimulate further studies in the same or related domains.