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Criminal Act of Embezzlement of Funds and Positions In Foundations for Personal Interests Muhammad Chaerul Ichsan; Anggriani, Jum
Jurnal Smart Hukum (JSH) Vol. 4 No. 1 (2025): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v4i1.1382

Abstract

This study examines the phenomenon of criminal acts of fund embezzlement and position abuse in foundations as non-profit organizations in Indonesia. Using normative juridical method with descriptive-analytical approach, the research analyzes characteristics and modus operandi of embezzlement, causative factors, effectiveness of criminal law enforcement, impacts on foundation operations and public trust, and comprehensive prevention strategies. Research findings indicate that inclusion in foundations is generally committed by individuals with direct access to financial management through financial report manipulation, aid fund diversion, and procurement abuse. Main causative factors include weak corporate governance, paternalistic culture, and minimal internal-external oversight. Implementation of criminal law provisions faces obstacles of regulatory overlap, evidence complexity, and verdict inconsistency. Systemic impacts in the form of public trust erosion hinder the philanthropic sector as a whole. Prevention strategies require governance structure improvement, law enforcement coordination enhancement, and technology utilization for fraud detection in maintaining the integrity of Indonesia's philanthropic sector
Legal Protection for Land Rights Owners on Cancellation of Certificates by the Court Due to Overlapping Simarmata, Agree Deardo; Samosir, Tetti; Anggriani, Jum
Al-Adalah: Jurnal Hukum dan Politik Islam Volume 10 No.2 2025
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v10i2.8064

Abstract

This research examines the overlapping land ownership dispute between Certificate of Land Ownership (SHM) No. 39/Desa Pulau Sari of 1978, owned by the heirs of Rusdiansyah Bin Haji Sabri Razak, and SHM No. 748/Desa Bingkulu of 2010, owned by Sundariati, based on Decision No. 11/G/2021/PTUN.Bjm. The main issue discussed is the annulment of SHM No. 748 by the State Administrative Court of Banjarmasin and the legal protection available to the certificate holder whose certificate was annulled. This study uses a normative approach with qualitative analysis of secondary data, including laws, jurisprudence, and related literature. The main finding of this research shows that discrepancies in the land registration system, the transition to digital measurement, and administrative weaknesses led to overlapping land certificates. In this case, although the annulment of the certificate by the court provides legal certainty for the previous right holder, the holder of the annulled certificate, Sundariati, may seek protection through a tort claim based on Article 1365 of the Indonesian Civil Code. This research emphasizes the need for reforms in the land registration system to enhance protection for bona fide right holders and prevent future disputes.
Civil Law Transformation in the Digital Age: Challenges and Opportunities Anggriani, Jum; Mukri, Moh; Jaya, Eni; Tarigan, Ester; Suprapti, Endang
ASAS Vol. 17 No. 01 (2025): Asas, Vol. 17, No. 01 Juni 2025
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/

Abstract

Digital transformation has brought about fundamental changes in the Indonesian civil law system. This study aims to analyze the impacts, challenges, and opportunities of digital transformation in the context of civil law, as well as to formulate an ideal transformation model to accommodate the needs of the digital era. This study uses a normative legal research method with a qualitative approach based on literature studies and analysis of primary and secondary legal documents, including the application of sharia principles in digital transactions. One example of a case raised is the implementation of the murabahah contract in sharia e-commerce transactions that have not received explicit protection and recognition in the Civil Code, especially regarding the agreement clause and non-physical objects of sale and purchase such as digital assets. In practice, this sharia contract clause is often not accommodated by the conventional civil law structure, especially Article 1320 of the Civil Code concerning the valid conditions of an agreement and Article 1457 concerning sale and purchase. The results of the study indicate that digital transformation requires a reinterpretation of the basic concepts of civil law, the development of an adaptive regulatory framework, and the strengthening of digital infrastructure. The ideal legal transformation model should prioritize the principles of neutral technology and international harmonization, while maintaining the characteristics of the national legal system and the values ​​of sharia economic law. Key challenges include the digital divide, cybersecurity, and personal data protection, while opportunities include increasing the efficiency, accessibility, and transparency of the legal system. This study recommends developing a comprehensive regulatory framework, strengthening digital infrastructure, and increasing human resource capacity to support inclusive digital civil law transformation that is in line with sharia principles.
Perlindungan Hukum Terhadap Pelaku Usaha Perdagangan Elektronik Dalam Melakukan Transaksi Cash On Delivery Di Shopee Ridwansyah, Zulfi; Anggriani, Jum
Innovative: Journal Of Social Science Research Vol. 5 No. 4 (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.v5i4.20657

Abstract

Hadirnya ¬e-commerce di Indonesia membentuk suatu tatanan baru dalam bidang perdagangan yang dahulu dilakukan secara konvensional, kini dikenal dengan perdagangan elektronik. Perdagangan elektronik ini menggunakan suatu platform dalam hal ini Shopee. Namun dalam perkembangan transaksinya mengalami beberapa permasalahan, teruma terhadap perlindungan pelaku usaha, khususnya dalam hal metode pembayaran Cash On Delivery. Berdasarkan hal itu, penelitian ini memiliki rumusan permasalahan, antara lain: Bagaimana hubungan hukum antara para pihak dalam perdagangan elektronik yang menggunakan metode transaksi Cash On Delivery di Shopee dan Bagaimana perlindungan hukum terhadap pelaku usaha dalam perdagangan elektronik yang menggunakan metode transaksi Cash On Delivery di Shopee. Penelitian ini menggunakan jenis penelitian hukum normatif, dimana dalam metode analisisnya menggunakan analisis kualitatif deskriptif. Adapun hasil dalam penelitian ini,yaitu: Hubungan hukum antara para pihak dalam perdagangan elektronik yang menggunakan metode transaksi Cash On Delivery di Shopee merupakan hubungan hukum bersegi dua; dan Perlindungan hukum terhadap pelaku usaha dalam perdagangan elektronik yang menggunakan metode transaksi Cash On Delivery di Shopee terdapat dapat dilihat dalam Pasal 6 Undang-Undang Perlindungan Konsumen (UUPK) tentang hak-hak pelaku usaha.
Peningkatan Pemahaman Masyarakat tentang Pengurusan Tanah melalui Pelatihan dan Pendampingan Hukum di Desa Langensari Kecamatan Karang Tengah Kabupaten Cianjur Jawa Barat Anggriani, Jum; Tetti Samosir; Asep Bambang Hermanto
Bulletin of Community Engagement Vol. 5 No. 2 (2025): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v5i2.1784

Abstract

This study aims to enhance the understanding of land administration procedures among residents of Langensari Village, Karang Tengah District, Cianjur Regency, West Java, through legal training and assistance. The main issue identified is the community's limited knowledge of land management procedures, which has led to a high percentage of uncertified land ownership (65%) and an increase in land disputes (27% over the past five years). The research employs a normative juridical method using statutory and conceptual approaches. Data were collected through both library research and fieldwork, including observations, interviews, and questionnaires. The legal training and assistance program was implemented in four stages: public outreach, technical workshops, legal consultations, and direct legal assistance. The results indicate a significant improvement in community understanding of land registration procedures (from 23% to 78%), types of land rights (from 18% to 65%), and land registration documentation (from 32% to 81%). Positive outcomes of the program include increased public interest in obtaining land certificates, a 15% reduction in land disputes, and improved access to financing for residents. The training and legal assistance model developed in this study shows strong potential for replication in other rural areas with similar characteristics. The findings underscore the need to integrate land law awareness programs into broader village development strategies and to establish an accessible, integrated land database system for the community
Maqashid Based Quránic Interpretation: An Inclusive Approach for the Millenial Generation Said, Hasani Ahmad; Mukri, Moh; Anggriani, Jum; Wakhid, Ali Abdul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 9 No. 2 (2025): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/pdjqc552

Abstract

This study develops a maqashid-based inclusive Qur'anic interpretation framework specifically designed for the millennial generation, addressing the significant decline in Qur'anic literacy among young Muslims. The research employs a qualitative approach utilizing library research methodology, integrating hermeneutic analysis, content analysis, and comparative analysis to examine classical maqashid literature and contemporary interpretation challenges. The maqashid al-shariah approach, emphasizing the five essential objectives of preserving religion, life, intellect, lineage, and wealth, provides the theoretical foundation for developing interpretation methods that are both theologically authentic and contextually relevant. The mashlahah (public interest) framework serves as the primary evaluative mechanism for assessing the effectiveness and appropriateness of contemporary interpretation approaches. Results demonstrate successful integration of classical Islamic principles with millennial learning preferences, addressing challenges including digital misinformation, psychological compatibility, gender inclusivity, and cultural diversity. The framework provides systematic solutions for quality control in digital Islamic education, algorithmic bias mitigation, and the development of engaging yet scholarly interpretation content. Implementation guidelines offer practical approaches for educators and institutions to adopt maqashid-based interpretation methods effectively. The study confirms that Islamic teachings remain suitable for all times and places (al-Islam shalih li kulli zaman wa al-makan), demonstrating how Qur'anic interpretation can evolve methodologically while preserving essential principles. This research contributes significantly to Islamic educational theory, providing innovative approaches that maintain scholarly rigor while addressing contemporary generational needs and challenges.
PREVENTION OF VIOLENCE, NEGLECT AND EXPLOITATION AGAINST CHILDREN REVIEWED FROM LAW NUMBER 35 OF 2014 CONCERNING CHILD PROTECTION Anggriani, Jum; Indah Harlina; Yoyo Arifardhani; Utji Sri Wulan W; Finady, Andreas Sapta
International Journal of Community Service (IJCS) Vol. 4 No. 2 (2025): July-December
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v4i2.1314

Abstract

This community service program examines the implementation of Law Number 35 of 2014 concerning Child Protection in efforts to prevent violence, neglect, and exploitation of children in target communities. Using empirical legal methods with a legislative, participatory, and case approach, this program aims to socialize child protection policies, identify barriers to implementation at the community level, and formulate joint action strategies to optimize prevention efforts. The results of the community service show that although the legal framework for child protection has been strengthened, its understanding and implementation in the community still face structural, substantial, and cultural challenges. Inhibiting factors include low legal literacy in the community, lack of understanding of reporting mechanisms, limited access to protection services in the regions, and socio-cultural norms that still legitimize violence as a form of discipline. Optimization strategies developed together with the community include the establishment of village-level child protection forums, training of child protection cadres, community-based education campaigns, utilization of technology for reporting systems, and development of special protocols for handling cases in disaster situations. A collaborative approach involving community leaders, schools, families, and children themselves is key to the sustainability of child violence prevention programs in the community.
Prevention of Violence, Neglect and Exploitation of Children Reviewed from Law Number 35 of 2014 Concerning Child Protection Anggriani, Jum; Indah Harlina; Ali Abdullah; Arifardhani, Yoyo; Andreas Sapta Finady
International Journal of Community Service (IJCS) Vol. 4 No. 1 (2025): January-June
Publisher : PT Inovasi Pratama Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/ijcs.v4i1.1524

Abstract

Violence, neglect, and exploitation of children remain serious problems in Indonesia that require systematic prevention efforts based on law and community participation. This study aims to increase public understanding of the prevention of violence against children based on Law Number 35 of 2014 concerning Child Protection through a comprehensive community service program. The method used is a participatory and educational approach with a mixed qualitative-quantitative design, involving 255 participants consisting of 100 heads of families, 50 educators, 30 community leaders, and 75 children aged 10-17 years. Activities were carried out for 6 months at the village level through participatory workshops, intensive training, legal socialization, and the establishment of a community-based child protection forum. Data collection was carried out through pre-post test surveys, in-depth interviews, focus group discussions, and participant observation. The results showed a significant increase in participants' knowledge by 34% exceeding the minimum target of 25%, a positive attitude change in 89% of participants to report cases of child violence, and a participation rate of 92%. The establishment of a child protection forum with 35 members from various community elements and a strategic partnership network with relevant agencies demonstrates the program's success in building a sustainable protection system. Implementation faced challenges such as cultural resistance, limited infrastructure, and the community's socioeconomic conditions. The program successfully created a community-based child protection model that can be replicated in other regions with adaptations to local contexts to achieve a child-friendly Indonesia.
Guaranteeing Women’s Freedom under the Constitution: Gender Analysis of Qânûn Practices in Aceh Anggriani, Jum; Abdullah, Ali; Cahyawati, Dwi Putri; Dahlan, Ahmad; Fahriani, Ipak
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025): in Press
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.32394

Abstract

This article analyses and critiques the practice of qânûn in Aceh on guaranteeing women's freedom. Research data were collected from library research, including primary data obtained from scientific publications in journals, books, and proceedings on six qânûn documents in Aceh; secondary data consist of laws and regulations. The data were also gathered from interviews with Acehnese figures who were familiar with qânûn, Islamic law, and Acehnese customs. The analysis method refers to a descriptive-qualitative approach that combines doctrinal-normative and socio-legal analysis. The results show that all qânûn in Aceh are normatively valid legal products, as the Regional People's Representative Council ratifies them. However, their formulation and ratification reveal gender bias, as only 5% of female legislators have been involved, and in some regions, the percentage of female members remains at 0% until 2024. In its implementation, gender bias is also considered to be obvious, particularly in the application of caning punishment in public places, which gives social pressure on women, leaving women's interests not fully affirmed. The interviews with Acehnese figures suggest that qânûn is essentially a recognition of the synergy having existed since ancient times, when Aceh was still a kingdom where Islamic law and customary practices in Acehnese society placed women in policymaking roles.
Digitalization of Land Certification: Legal Perspectives from Islamic, Positive, and Administrative Law Anggriani, Jum; Noviarita, Heni; Said, Hasani Ahmad; M. Nainin, Dasrizal
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12921

Abstract

This research examines the digitalization of land certification from an integrative perspective between Islamic law, positive law, and state administration practices in Indonesia. Digital transformation in the land sector is a strategic urgency to address classic challenges such as agrarian conflicts, overlapping ownership, and administrative inefficiencies. However, the success of digitalization does not only depend on technical aspects, but also on the harmonization of the religious values ​​of society, especially those based on Islamic law and the formal legal system of the state. Through a normative juridical approach, this study explores the meeting points and potential conflicts between the principles of maqāṣid syarI'ah, the principles of Indonesia law as stated in the Basic Agrarian Regulations (UUPA) and its derivative regulations, as well as the principles of good governance in public administration. The results of the study indicate that digitalization can increase legal certainty and efficiency, but still faces challenges such as the gap in digital infrastructure, legal and technological literacy of the community, and disharmony in regulations related to proof of rights, inheritance, and waqf. This research offers a three-dimensional legal integration model as a conceptual solution to realize effective, inclusive, and equitable digitalization of land certification, and is in line with the diversity of social and cultural values ​​of the Indonesian people. This reesarch offers a multidisciplinary legal framework for digital land governance that bridges Islamic and secular law. It provides a model relevant for countries with plural legal systems or large Muslim populations, and serves as a reference for international agencies in formulating culturally responsive and legally coherent land digitalization policies.