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All Journal Politika: Jurnal Ilmu Politik Al-Manahij: Jurnal Kajian Hukum Islam Jurnal KOMUNIKA Halu Oleo Law Review Transformatif Jurnal Yuridis Veteran Law Review Al-Manahij : Jurnal Kajian Hukum Islam Al-Istinbath: Jurnal Hukum Islam el-Aqwal: Journal of Sharia and Comparative Law Darajatuna: Interdisciplinary Journal of Islamic Studies
Vivi Ariyanti
IAIN Purwokerto
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences

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Examining Muslims’ Aspirations in Drafting the New Criminal Code: Analyzing Criminal Law Policy in Indonesia from a Maslaha Perspective Ariyanti, Vivi; Supani
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 1 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i1.8280

Abstract

Indonesia is a Muslim-majority country that has enacted Law Number 1 of 2023 concerning the Criminal Code as a common ideal between the state and its citizens in creating harmony in life. In a democratic country, the law-making process must open to public participation as a form of manifestation of the determination of the society’s living values, and as providing legitimacy for the formation of a law. This study focuses on discussing how much the aspirations of Muslims are adopted by the state in drafting the new Criminal Code, especially on issues related to Islamic morality, such as pornography, displaying contraceptives, adultery, cohabitation, abortion, and blasphemy. This study uses qualitative research methods with maslaha theory approach. The data sources are in the form of laws and regulations, minutes of DPR sessions, and the aspirations of the Islamic community. This study concludes that the new Criminal Code shows an increase in meaningful participation, which includes three prerequisites: the public has the right to be heard, the right to have their opinions considered, and the right to receive an explanation. The drafting of the new Criminal Code is at the “partnership” level and is in the “degrees of citizen power” category in the ladder of citizen participation scheme. At this level, the public has direct access to interact with policy makers regarding the new Criminal Code.
The Role of Women in Public Life According to Islamic Values and Banyumas Ariyanti, Vivi
Transformatif Vol 8 No 2 (2024): ISSUED IN OCTOBER 2024
Publisher : POSTGRADUATE OF PALANGKA RAYA STATE ISLAMIC INSTITUTION

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/tf.v8i2.9012

Abstract

The significance of women in public life rises as Indonesia embarks on reforming its political institutions and processes due to democratization. This study examines women's public life in Banyumas Regency, Central Java, in the context of cultural and Islamic values. Both Islamic and Penginyongan cultural values endorse traditional gender roles, potentially limiting women's public participation. However, these values also foster social harmony, community involvement, and religious ethics, which may support women's political engagement. The research data includes the number of women in public roles, their effectiveness in advocating for women's interests, and the interpretation of Islamic and Penginyongan cultural values. Data collection methods encompass interviews, observations, and document analysis. This study concludes by utilizing a sociological approach based on David Easton's systems theory that Islamic and Penginyongan cultural values influence women's public life, and political representation in Banyumas is multifaceted and shaped by various interacting factors. Understanding these dynamics is essential for crafting strategies to advance gender equality and women's public life empowerment in the region.
Women’s Representation in Banyumas Local Politics in the Perspective of David Easton’s Theory of Systems Maula, Bani Syarif; Ariyanti, Vivi
Politika: Jurnal Ilmu Politik Vol 15, No 2 (2024)
Publisher : Magister Ilmu Politik, Fakultas Ilmu Sosial dan Ilmu Politik, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/politika.15.2.2024.180-200

Abstract

The issue of women in politics becomes important as Indonesia begins to reform political institutions or political processes due of democracy. The purpose of this study is to find out women’s representation in Banyumas Regency, Central Java, in relation to cultural and Islamic values. Islam and Penginyongan cultural values promote traditional gender roles, which may limit women’s participation in politics. However, these values also promote social harmony, community participation, and religious morality, which may encourage women’s participation. Meanwhile, Indonesia’s political system includes a quota system for women’s political representation to increase the number of women in parliament. Data in this research comes from the number of women represented in political positions and their role in representing women’s interests, the meaning of Islamic values and Banyumas’ Penginyongan cultural values. Methods of data collection use interviews, observation, and documents. Using sociological approach, this study concludes that according to David Easton’s theory of systems, the influence of Islam and Penginyongan cultural values on women’s political representation in Banyumas is complex and shaped by a range of factors that interact with each other. Understanding these dynamics is crucial for developing strategies to promote gender equality and women’s political empowerment in the region.
Legal Protection for Victims of Sexual Violence in Indonesia in the Perspectives of Victimology and Fiqh Jinayah Ariyanti, Vivi
Jurnal Syariah dan Hukum Komparatif Volume 2 Issue 2 (2023)
Publisher : Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/el-aqwal.v2i2.9411

Abstract

Sexual violence is a global problem that violates human rights and fundamental freedoms. This paper examines the laws and regulations that guarantee the protection of victims according to Indonesian laws and Islamic law. Regarding Indonesian laws, besides the basic rules in the form of the Act on the Crime of Sexual Violence, there are also ministerial regulations (Regulation of the Minister of Education and Culture, and Regulation of the Minister of Religion) that protect and guarantee the safety of everyone from sexual violence offences. This is the concern of higher education institutions, that they are on the right track to address the issue of sexual violence with more passion and precision. The issues of sexual violence have received greater attention in universities, so that intensive prevention and response efforts are very important, with the aim of combating sexual violence in universities, navigating the application of laws and regulations relating to sexual violence, and more broadly, fostering a culture of respect, inclusion and courtesy towards others. These national laws are in line with the Islamic precepts regarding protection of citizens in the maqasid al-shariah concept, in which sexual violence offences can fall into all three categories of jarimah: qisas, hudud, and ta'zir, depending on the type of crimes committed.
The Application of the Principle of Judges’ Independence in Blasphemy Cases in Indonesia's Post-Reform Era Maula, Bani Syarif; Ariyanti, Vivi
AL-ISTINBATH : Jurnal Hukum Islam Vol 6 No 2 November (2021)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (763.558 KB) | DOI: 10.29240/jhi.v6i2.3465

Abstract

This research departs from a paradigm that the freedom of judges is a form of court independence, which requires that decisions taken must consider objectivity without pressure from any party. This study focuses on the attitude of judges' independence from factors that can influence court decisions, both internal and external factors related to the interests of certain groups. Based on these problems, this study addresses the issue of the independence of judges in cases of blasphemy. This type of research is empirical normative with a qualitative descriptive approach. The data sought for this research is data that comes from the facts of the application of material and formal law by judges in court. In addition, this data is also strengthened by interviews. This study concludes that the analysis of the application of the blasphemy article proves that judges as law enforcers have difficulty translating the substance of blasphemy because of the unclear formulation of Article 156a letter 'a' of the Indonesian Criminal Code. The judge's decision in the blasphemy case does not reflect the independence values of the judges who decide the case. Judges in making decisions on cases handled must be based on their ability to think and will freely (independently) but within the limitations of responsibility and objectivity. The panel of judges in blasphemy cases tends to adopt a more general and situation-oriented attitudes.
Trends in the Use of E-Commerce in an Axiological Review of Islamic Business Ethics Nasihatul Ummah, Ina; Ariyanti, Vivi
Darajatuna: Interdisciplinary Journal of Islamic Studies Vol. 1 No. 1 (2025): Darajatuna Interdisciplinary Journal of Islamic Studies
Publisher : Research and Community Service Institute (LP2M) of Institute Pesantren Sunan Drajat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/darajatuna.v1i1.1648

Abstract

E-commerce transactions, often referred to as online buying and selling, are transactions conducted by sellers and buyers over the Internet, where sellers and buyers do not meet in person. Online buying and selling have become increasingly popular because they make it easier for sellers to market their goods and for buyers in practice, there are still sellers who commit fraud. Therefore, ethics is needed in the practice of online buying and selling, ethics is a branch of philosophy that teaches ideas of good and bad, positive and negative. The type of writing in this article is a library research study using qualitative methods aimed at discussing several themes about how online buying and selling in Islamic economic business, the relationship between ethics and the branch of philosophy, the philosophical approach to Islamic business ethics from an axiological perspective, as well as the perspective of business ethics and its practice in the use of e-commerce. In this article, it can be concluded that the trend of e-commerce usage has not fully implemented Islamic business ethics, as in practice there are still shortcomings such as fraud that results in losses for one party. However, on the other hand, e-commerce always strives to apply the business ethics taught by the Prophet Muhammad SAW by avoiding practices of riba, gharar, maisir, and other harmful activities. Keywords: E-commerce, ethics, Islamic business
Co-Authors Bani Syarif Maula Nasihatul Ummah, Ina Supani