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Perlindungan Hukum bagi Konsumen Terkait Klausula Baku dalam Fidusia terhadap Perampasan Kendaraan Bermotor Dijalan Raya Oleh Debt Collector Kota Sukabumi Rizky Maulana Yusuf; Temmy Fitriah Alfiani; Prahasti Suyaman
Federalisme: Jurnal Kajian Hukum dan Ilmu Komunikasi Vol. 3 No. 2 (2026): Mei: Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/federalisme.v3i2.1687

Abstract

Regulations stipulating that every consumer’s rights and protections must be safeguarded, as well as consumer protection in general, have received significant attention; this is because consumers should be protected from various forms of transactional fraud, granted the right to clear information, and, of course, guaranteed the right to be free from discrimination and to ensure their safety. This is the basis for this study, which aims to identify standard clauses in (Fiduciary) regarding the repossession of vehicles on public roads in light of Law No. 8 of 1999 on Consumer Protection, as well as to determine how legal protection for consumers against the repossession of motor vehicles on public roads by debt collectors in the city of Sukabumi relates to Law No. 42 of 1999 on Fiduciary Security. In this study, the method employed is a normative legal method, and the problem-solving approach used in this paper is the case approach. The results of the study indicate that motor vehicle financing agreements entered into by leasing companies are not in line with the provisions of the Consumer Protection Law, and that such agreements, which favor the business operators, clearly violate the Consumer Protection Law in current practice. Furthermore, if the repossession of a vehicle by a financing institution (leasing company) through a debt collection agency is not accompanied by a certificate of security interest, it may be considered a civil tort.
Model Penguatan Cabang dan Ranting Muhammadiyah Berbasis Analisis Spasial dan Pendekatan Multidoor di Kabupaten Sukabumi Prahasti Suyaman; Leonita Siwiyanti; Iqbal Noor; Winda Apriandari; Roni Renaldi Pramudita; Abdul Bari
Reslaj: Religion Education Social Laa Roiba Journal Vol. 8 No. 6 (2026): RESLAJ: Religion Education Social Laa Roiba Journal
Publisher : Intitut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/reslaj.v8i6.11912

Abstract

This study aims to analyze the development patterns, implementation strategies, as well as structural and cultural challenges faced by Muhammadiyah Branch and Branch Leaders in Sukabumi Regency after the 48th Congress. As one of the largest districts in West Java, Sukabumi Regency presents complex geographical challenges for organizational consolidation. This study uses a mixed methods approach with an explanatory sequential model. Qualitative data was collected through in-depth interviews with leaders in 20 Muhammadiyah Branch Executives (PCM), while spatial analysis was used to map the organization's distribution to regional accessibility. The results of the study show that the pattern of organizational development is deterministic to the geographical location and proximity to Amal Usaha Muhammadiyah (AUM). Areas with established AUM show organic-progressive growth, while isolated areas rely on a defensive-relational model through a sono outreach strategy. Although the da'wah strategy has transformed towards philanthropy and academic collaboration, its effectiveness is still hampered by the crisis of ulama cadres, figure-centric management, and low digital literacy of senior management. This study concludes that strengthening the grassroots base requires a multidoor approach that integrates digital spatial mapping with locality-specific local economic empowerment. These findings contribute to a heterogeneous model of the development of religious organizations in rural areas to ensure the sustainability of an inclusive and enlightening tajdid movement.
The Urgency of Strengthening the Right to Legal Aid for the Poor as a Manifestation of the Rule of Law in Indonesia's Criminal Justice System Kasmudi Kasmudi; Prahasti Suyaman
Green Social: International Journal of Law and Civil Affairs Vol. 3 No. 2 (2026): June: International Journal of Law and Civil Affairs
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70062/greensocial.v3i2.305

Abstract

This article examines the urgency of strengthening the right to legal aid for the poor as a manifestation of the rule of law within Indonesia’s criminal justice system. Using a normative juridical approach, it analyzes Law Number 16 of 2011 on Legal Aid, its implementing regulations, constitutional provisions, criminal law reform, and international fair trial standards. The study finds that Indonesia has established a significant legal framework to provide free legal services, promote access to justice, and uphold equality before the law. Nevertheless, several challenges remain, including limited eligibility criteria, administrative barriers in proving poverty, inadequate access to legal assistance during the early stages of investigation, weak institutional referral mechanisms, insufficient funding, unequal distribution of accredited legal aid providers, and limited quality assurance. To address these issues, legal aid should be strengthened through emergency assistance mechanisms, mandatory referrals by law enforcement officers, increased and sustainable funding, more equitable distribution of legal aid organizations, and stronger supervision of service quality. These reforms are essential to ensure that formal legal equality is translated into substantive justice for poor suspects and defendants.
Representation And Participation Of Women In Indonesian Political Parties Roni Renaldi Pramudita; Prahasti Suyaman; Asti Sri Mulyanti
KRTHA BHAYANGKARA Vol. 18 No. 3 (2024): KRTHA BHAYANGKARA: DECEMBER 2024
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v18i3.3053

Abstract

The role of women in Indonesia's political parties shows that women can take part in government regulatory decisions. However, women's representation in formal political institutions is still quite limited; the low representation is due to profound structural and cultural barriers. According to the Inter-Parliamentary Union, women's representation in Indonesia has never reached the target of 30% according to the provisions of Law number 2 of 2008 concerning political parties; even in the last five years, data shows that women's representation is only above 20%. This study specifically explores the role of patriarchal culture and the subordination of women in the political decision-making process as the leading causes. This study uses the normative juridical method by analysing data from legal literature sources and reviewing literature through transformative shorts to find the root cause of women's lack of representation in politics. The results of the study show that the lack of representation of women is due to a patriarchal culture created from the collective mindset of the community. The subordination of women in the political constellation is realised due to a lack of understanding from a managerial point of view and explicitly considers it difficult for women to make decisions because it always involves emotions. Thus, systematic efforts are needed through the SEP framework, Self-awareness, Education, Politics, and Promotion, to change public perceptions of the role of women, as well as reforms in political party structures and decision-making processes.
Determination of Custody Rights (Hadhanah) for Children Who Are Not Yet Mumayiz to the Father Asantia Puspita Rohmah; Prahasti Suyaman; Asti Sri Mulyanti
Rechtsnormen: Journal of Law Vol. 1 No. 2 (2023)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i2.307

Abstract

Background. One of the legal consequences of the breakdown of marriage due to divorce is the custody of children, which in fiqh literature is called Hadhanah. Purpose. The purpose of this paper is to: (a) provide information on the distribution of hadhanah rights to fathers for children who are not yet Mumayiz due to divorce. Method. The research method used in this research is a qualitative method with the type of normative juridical research based on primary and secondary legal materials, namely research that refers to the norms contained in the legislation. Hadhanah is a right that must be fulfilled by adults who are required to take care of the needs of a child including providing education and support to children who are not old enough. Results. The results of this study indicate that hadhanah in Islamic law prioritizes the best interests of the child. This is in accordance with the basic principles of Islamic law (found in the Qur'an and Hadith), which state that children have inherent rights in relation to both parents. Likewise, it is used in positive law in Indonesia. Parental authority over children after divorce according to the provisions of the two laws (Islamic Law and Indonesian Positive Law) is in line. Both divorced parents must continue to fulfill their children's hadhanah in accordance with the rights of children in the Child Protection Law, namely, the rights to life, growth, protection and participation. Conclusion. Therefore, when a divorce occurs, it will have certain legal consequences, especially the issue of Hadhanah (child custody). Hadhanah itself in fiqh terms is used two words but intended for the same purpose, namely Kafalah and Hadhanah. what is meant by Hadhanah or Kafalah in a simple sense is 'Maintenance or 'Care.
Legal Certainty of the Implementation of Mass Itsbat Nikah in Minimizing Marriages Without Certifitaces in the Religious Court of Sukabumi City Nadia Agustina; Prahasti Suyaman; Temmy Fitriah Alfiany
Rechtsnormen: Journal of Law Vol. 1 No. 1 (2023)
Publisher : Yayasan Adra Karima Hubbi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55849/rjl.v1i1.309

Abstract

Background. The Tax Court, basically, has been regulated in Law Number 14 Year 2002 on Tax Court. However, there is an issue relating to the ambiguous position of the Tax Court. Purpose. The purpose of this is to show that the position of the court is not independent, as it plays a role in both judicial and executive functions, which may result in a lack of independence in case decision making. Therefore, this study aims to determine the position of the tax court in the current judicial system in Indonesia. Method. This research uses normative juridical research method by reviewing secondary data obtained. Based on the results of the research, it was found that the latest Constitutional Court Decision Number 26/PUU-XXI/2023 has determined that the Tax Courts must transfer their organizational, administrative, and financial development responsibilities to the Supreme Court before 31 December 2026. Results. The consequence of this decision is that the organizational structure of the Tax Court will be directly under the supervision of the Supreme Court and no longer under the Ministry of Finance. Although the Tax Court will be transferred to the Supreme Court, it is important to maintain this situation as the transition requires adjustments in terms of organizational structure, employee status, and career opportunities for tax judges. All of these matters must be studied and solutions found by the Tax Court as the independence of tax judges means a lot to taxpayers seeking justice in their tax disputes. Conclusion. In addition to independence, the public also expects competent expertise and knowledge from tax judges as enforcers of justice in tax disputes.
Reconstructing Good Faith in Marriage Annulment: Civil Protection of Wives in Islamic and Indonesian Law Prahasti Suyaman; Oyo Sunaryo Mukhlas; Aden Rosadi; Usep Saepullah
Law Development Journal Vol 8, No 3 (2026): September 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.3.1037-1054

Abstract

Introduction to the Problem: Marriage annulment under Article 28 of Law No. 1 of 1974 on Marriage generates significant legal consequences for wives who enter into marriage in good faith. Although the provision recognizes legal protection for innocent parties, it does not establish clear criteria for determining good faith, creating legal uncertainty and incosistent judicial protection of wifes’ civil rights. Purpose/Study Objectives: This article examines the legal contruction of good faith in marriage annulment cases and analyses its implications for the civil protection of wives from the perspectives of Islamic law and Indonesian marriage law. Design/Methodology/Approach: This study employs normative legal research using statutory, conceptual, and case approaches. The analysis focuses on Article 28 of the Marriage Law, relevant legal doctrines, and Decision Number 348/Pdt.G/2018/PA.Cbd concerning the annulment of a polygynous marriage. Findings: The study finds that the retroactive effect (ex tunc) of marriage annulment often places good-faith wives in a vulnaerable legal position despite their lack of knowledge regarding defects affecting the validity of the marriage. The ambiguity surrounding the concept of good faith weakens the protection of wives’ civil rights. Drawing upon the principles of al-‘adl, hifz al-haqq, and maqasid al-shari’ah, this article argues that Article 28 should be interpreted through a good-faith-based framework that balances legal certainty, justice, and the protection of vulnerable parties. This study further proposes a reconstruction of the legal meaning of good faith as a basis for strengthening civil protection in marriage annulment cases.