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Contribution of Islamic Law Concerning The Death Penalty to the Renewal of Indonesian Criminal Law Muhyidin, Muhyidin; Adhi, Yuli Prasetyo; Triyono, Triyono
Indonesian Journal of Advocacy and Legal Services Vol. 4 No. 1 (2022): Empowering Community Strengthening Justice in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v4i1.23277

Abstract

This paper aims to describe and analyze the contribution of Islamic law in the regulation (policy formulation) of the death penalty in the context of reforming the national criminal law. Determining the death penalty as a means to tackle crime is a policy choice because capital punishment is a pro and con issue among legal experts. Because the debate about the death penalty is related to the right to life which in international legal instruments and the 1945 Constitution is included in the category of rights that cannot be reduced under any circumstances (non-derogable rights). Islamic law recognizes the death penalty in a crime that has been determined by Allah SWT. in the Al-Qur’an. The death penalty in Islam gives its color with the idea of ​​balance that does not only focus on the perpetrators of the crime but also the victim. Of course, this idea of ​​balance is following the basic values ​​of Pancasila. The death penalty in Islam in the qishahs punishment recognizes the concept of forgiveness from the victim’s family which needs to be developed in the future, especially in the draft Criminal Code which until now has not been ratified as a means for national law reform.
LIABILITY OF ADVERTISING COMPANIES FOR CONSUMER LOSSES RESULTING FROM MISLEADING ADVERTISEMENTS Adila, Arina Hukmu; Adhi, Yuli Prasetyo
EQUALEGUM International Law Journal Volume 3, Issue 2, 2025
Publisher : SYNTIFIC

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61543/equ.v3i2.133

Abstract

Background. The increasing number of cases involving advertising installation companies that neglect safety standards has raised significant legal concerns, particularly regarding consumer protection. The background of this study lies in the unlawful acts committed by such companies, which often result in physical, material, or psychological harm to the public. This research aimed to determine the extent of the responsibility of advertising companies in committing unlawful acts and analyze the legal liability for unlawful acts by advertising companies that result in consumer harm. Research Method. This research uses a normative juridical method with a statutory and conceptual approach. Legal materials were sourced from primary legal norms, such as the Indonesian Civil Code, especially Article 1365 and supported by secondary sources, including academic literature and expert interpretations. The analysis was conducted qualitatively by classifying legal principles, doctrines, and case examples. Findings. The findings indicate that unlawful acts, as defined in Article 1365 of the Civil Code, are interpreted broadly in Indonesia. These acts may include violations of others' rights, neglect of legal obligations, conduct contrary to public decency, and actions against societal norms of caution. Advertising companies that disregard structural safety, proper licensing, or installation procedures can be held civilly liable if their actions cause harm to others. Conclusions. Advertising installation companies bear full legal responsibility for any consumer harm resulting from their unlawful conduct. To ensure accountability, stronger regulatory oversight and enforcement mechanisms are needed to protect the rights and safety of the public.
Juridical Consequences of Anticipatory Breach as a Form of Breach of a Contract Sulistianingsih, Dewi; Wijaya, Christian Chandra; Yusoff, Rahmawati Mohd; Adhi, Yuli Prasetyo
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4537

Abstract

Default is a condition in which one of the parties does not carry out or fulfill obligations to the other party as specified in an agreement. In addition, there are several forms of default: not doing something at all, doing something but it is too late, doing something only partially, and doing something prohibited. The concept, the forms, and the consequences of default are often encountered in various literature and legal experts' opinions, unlike the concept of Anticipatory Breach, which is a form of breach of contract/default that exists universally in contract law. In Indonesia, no positive legal provisions accommodate the Anticipatory Breach concept in the form of default. Its nonexistence becomes interesting from the point of view of contract law, where sometimes the parties to the agreement directly or indirectly commit a form of anticipatory breach in implementing the agreement. So that this will raise a question how the impact of an anticipatory breach on the sustainability and implementation of the agreement that the parties have made.
Smoking Ban on Public Transport: How do we protect and advocate for consumers? Sulistianingsih, Dewi; Adhi, Yuli Prasetyo; Syakila, Nabila Putri; Mohd Yusoff, Rahmawati
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 2 (2025): Contemporary Issues on Advocacy and Legal Services
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.28892

Abstract

Public transportation is very important for the mobility of Indonesian society and is used by millions of people every day, there is still a big problem related to smoking. Many regulations, implementation and law enforcement are still difficult. This study uses a normative legal research method with a legislative approach, a conceptual approach, and a comparative approach. Data collection is carried out through tracing primary, secondary and tensier legal materials and literature studies. In addition, this study develops a model of harmonization of laws and regulations for law enforcement of smoking bans on public transportation through an integrated regulatory framework approach to consumer protection, health and transportation regulations. It aims to identify weaknesses in the regulatory and law enforcement system, and to formulate more effective strategies to protect the rights of public transportation consumers to a smoke-free environment, so that it can provide more optimal protection for the health and safety of public transportation users in Indonesia.
Perjanjian Pengusahaan Tanah Ulayat Oleh Perusahaan Dengan Masyarakat Hukum Adat di Indonesia Dewi, I Gusti Ayu Gangga Santi; Adhi, Yuli Prasetyo; Prasetyo, Agung Basuki
PROGRESIF: Jurnal Hukum Vol 17 No 2 (2023): PROGRESIF: Jurnal Hukum
Publisher : Fakultas Hukum Universitas Bangka Belitung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33019/progresif.v17i2.4381

Abstract

The national land law does not stipulate that the company's usufructuary rights can be cultivated on management rights land and customary law community land becomes management rights. This study aims to identify and analyze the process of ulayat land concession agreements by companies and the status of ulayat lands if the agreement between the company and customary law communities related to ulayat land concessions has ended and uses a normative juridical method, namely the data source used is secondary data, obtained from official documents, books and written reports. The results begin with a land use agreement, the status of communal land changes after the agreement expires with management rights to which the company's usufructuary rights apply for customary law communities.
Identification And Analysis Of Organizational Arrangements For Village Owned Enterprises Hidayat, Arif; Sugiarto, Laga; Sulistianingsih, Dewi; Adhi, Yuli Prasetyo
Jurnal Pengabdian Hukum Indonesia (Indonesian Journal of Legal Community Engagement) Vol 6 No 2 (2023): Indonesian Journal of Legal Community Engagement, November 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v6i2.72577

Abstract

The purpose of this community service activities is to provide understanding for village apparatus and the community in terms of identifying and analyzing the organizational arrangements of Village-Owned Enterprises. Each village has the authority to create and develop BUMDes. BUMDes is one of the indicators towards a prosperous village. Forming BUMDes is still a separate problem for villages, because it is not easy to set up a BUMDes. Preparations are needed to carry out the establishment of BUMDes. Corporate governance is also important because good governance will create success for the BUMDes themselves. Tanuharjo Village, Alian District, Kebumen Regency took the initiative to create BUMDes with village potentials, namely in agriculture and tourism. The establishment of BUMDes is not an easy thing to do and must be done with administrative completeness.