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All Journal Jurnal Cakrawala Hukum Jurnal Hukum IUS QUIA IUSTUM Jurnal Konstitusi LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan Istidlal: Jurnal Ekonomi dan Hukum Islam As-Sidanah : Jurnal Pengabdian Masyarakat Jurnal Konstitusi International Journal of Science and Society (IJSOC) HUKMY : Jurnal Hukum Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Ainun Najib
Universitas Ibrahimy
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Social Sciences Other

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ANALISIS SOSIOLOGIS TERHADAP TINGGINYA PERCERAIAN AKIBAT PEMBERIAN DISPENSASI NIKAH (STUDI KASUS PENGADILAN AGAMA SITUBONDO KELAS IA) Fitrotun Nisa’; Ainun Najib; Moh. Ali Hofi
HUKMY : Jurnal Hukum Vol. 2 No. 2 (2022): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (968.605 KB) | DOI: 10.35316/hukmy.2022.v2i2.177-185

Abstract

Banyak sekali faktor yang menjadi pertimbangan hakim sebelum mengeluarkan penetapan dispensasi nikah. Salah satu pertimbangan hakim adalah MBA (Married bya Accident) yang mana calon wanita hamil diluar nikah. Penelitian ini menggunakan penelitian yuridis empiris yang mana mengggabungkan antara Undang-undang dengan realita yang ada di masyarakat. Pengumpulan data dilakukan dengan cara wawancara dengan salah satu hakim. Hasil penelitian menunjukkan bahwa prosedur pemberian dispensasi nikah harus melewati beberapa tahap menyesuaikan alasan-alasan para pemohon untuk diterima atau tidaknya permohonan dispensasi nikah. faktor yang mendukung pernikahan dini adalah faktor ekonomi, kurangnya pendidikan, dan terjadinya hamil diluar nikah. Dampak negatif dari pemberian dispensasi nikah adalah terjadinya kekerasan rumah tangga dikarenakan emosi yang sangat labil yang mengakibatkan terjadinya perceraian. Dampak positif dari pemberian dispensasi nikah yaitu dapat meringankan beban orang tua, terhindarnya dari pergaulan bebas dan hamil diluar nikah.
Legislasi Hukum Islam dalam Sistem Hukum Nasional Ainun Najib
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 4 No 2 (2020)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (508.818 KB) | DOI: 10.35316/istidlal.v4i2.267

Abstract

Constitutionally, Indonesia is neither a religious state nor a secular state, but a state based on Pancasila. The ideology of this nation also influences the development of law in it, which is not based on religion nor adheres to the secular legal system. Based on the Pancasila philosophy, Indonesia's national legal system recognizes religious law, customary law and Western law as a source of material law in the formation of national law. The existence of Islamic law in the national legal system experienced ups and downs, due to the influence of the political power of each era of government. Transforming Islamic law into national law requires negotiation and dialectics through a friendly approach and does not trigger national disintegration. So that the process of transformation into the resulting national law can be divided into two forms, first, Islamic law is adapted into positive law in the form of organic law. Second, accommodation in the form of absorption of Islamic values into national law, by not using Islamic / Islamic labels. The transformation of Islamic law into national law is a manifestation of responsive and accommodative legal development.
Praktik Leasing di Indonesia dalam Tinjauan Hukum Islam Azwarfajri Azwarfajri; Ainun Najib
Istidlal: Jurnal Ekonomi dan Hukum Islam Vol 5 No 2 (2021)
Publisher : Program Pascasarjana Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (491.548 KB) | DOI: 10.35316/istidlal.v5i2.344

Abstract

The development of leasing in Indonesia was in line with the development of banking, both bank and non-bank institutions. This development was certainly inseparable from the demands and needs of the community that they cannot fulfil on their own. The emerging financing institutions carry out activities in the form of providing funds or capital goods by not withdrawing funds directly from the public. The existence of leasing as a means for developing investment financing and empowering the community's economy was still considered to have several problems. Although the practice of leasing in Islamic law was equated with the contract of ijarah vomitiyah bi at-tamlik, in practice in Indonesia the process of leasing agreement was considered fasid, because there was an element of ambiguity in the contract agreement as regulated in the provisions of multi-aqad agreements, both conventional and sharia. This research will discuss the practice of financing in the community categorized as leasing under the provisions of applicable law and a review of Islamic law on the implementation of such leasing.
Artificial Intelligence and Ethics: Building an Artificial Intelligence System that Ensures Privacy and Social Justice Muhammad Hermansyah; Ainun Najib; Any Farida; Rian Sacipto; Bagus Setya Rintyarna
International Journal of Science and Society Vol 5 No 1 (2023): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v5i1.644

Abstract

The term "artificial intelligence" (AI) refers to technology becoming increasingly prevalent in many facets of human life. Nevertheless, significant concerns regarding social justice and privacy in the application of AI are also being noticed. This article explores the significance of ethics in developing artificial intelligence systems that can protect individuals' privacy and promote social justice. A qualitative methodology was used for this study, which consists of a review of previous research. As a result of this research, we describe what is artificial intelligence with examples of its use, ethics with its functions, how to embed ethics into artificial intelligence technologies, including robot and machine ethics. The following is an examination of AI and ethics from the point of view of privacy and social justice. In the context of the use of AI, offer some suggestions about constructing a more moral and accountable AI system.
WARIS HUTANG PIUTANG DALAM TRADISI HANTARAN PERKAWINAN PERSPEKTIF HUKUM ISLAM: (Studi Kasus di Desa Sumberejo, Kecamatan Banyuputih, Kabupaten Situbondo) Siti Ayu Rahayu; Dyah Ochtorina Susanti; Dominikus Rato; Ainun Najib
LISAN AL-HAL: Jurnal Pengembangan Pemikiran dan Kebudayaan Vol. 17 No. 1 (2023): JUNI
Publisher : LP2M Universitas Ibrahimy

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (540.613 KB) | DOI: 10.35316/lisanalhal.v17i1.62-82

Abstract

The culmination of the wedding procession was the Walimatul Urs, or the wedding reception. Giving innate when celebrating wedding receptions among the community was commonplace, even though the status of the gift was under the customs that apply in that area. Likewise in Sumberejo Village, Banyuputih District, Situbondo Regency. Problems arise when innate at the wedding reception celebration is counted as a form of the loan agreement. Therefore, the researchers tried to describe how the tradition was inherited when the wedding reception was held in Sumberejo Village, Banyuputih District, Situbondo Regency. The research method used was a qualitative method using descriptive analysis. Based on the study's results, the default status at a wedding reception in Sumberejo Village, Banyuputih Sub-District, Situbondo Regency, was counted as Sodakoh, measured as a gift, and counted as accounts payable. The innate tradition during wedding receptions was counted as accounts payable can positively and negatively impact the event organizer. According to Islamic Law, the issue of inheritance of debts owed to debtors at a wedding reception in Sumberejo Village was included in the Tirkah criteria that must be received and paid for by the heirs.
Transfer of Land Ownership Through Frant with The Guaranteed Object Siti Ayu Rahayu; Honainah Honainah; Nur Fitriah; Bhim Prakoso; Ainun Najib
Jurnal Cakrawala Hukum Vol 14, No 1 (2023): April 2023
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v14i1.10005

Abstract

This study aims to analyze how the concept of transferring land ownership rights through grants and how land status is obtained through grants, but the object remains a mortgage object. This article uses normative legal research methods. The sources of legal materials used are primary legal materials and secondary legal materials. The procedure for collecting legal materials in this article is to study library materials. Analysis of legal material sources was carried out descriptively. The results of the study concluded that the transfer of ownership rights to land due to grants can only be registered if the PPAT makes a deed. The contents and procedures for drawing up a deed are regulated in the Regulation of the Minister of Agrarian Affairs/Head of BPN No.3 of 1997. For the transfer of ownership rights to land through a grant, a PPAT deed cannot be made because the object of the grant deed is still an object of mortgage rights. To anticipate that grants can still be made, a grant-binding agreement was made before a Notary in order to fulfill legal protection for the parties.How to cite item: Rahayu, Siti Ayu, Honainah, Nur Fitriah, Bhim Prakoso, and Ainun Najib. “Transfer of Land Ownership Through Frant with The Guaranteed Object.” Jurnal Cakrawala Hukum. 14 no. 1 (2023): 63-75. DOI: 10.26905/idjch.v14i1.10005.
ANALISIS YURIDIS PROSES ADMINISTRASI PERUBAHAN NAMA ANAK (Studi Kasus Di Pengadilan Negeri Jember) Adhim, Muhammad Syauqun; Najib, Ainun; Efendi, Yulius
HUKMY : Jurnal Hukum Vol. 3 No. 2 (2023): HUKMY : Jurnal Hukum
Publisher : Fakultas Ilmu Sosial dan Humaniora

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35316/hukmy.2023.v3i2.412-431

Abstract

In cases that often occur, many parents want to change their child's name because they think their child often gets sick because they use that name. Another common reason why someone changes their name from their previous name is because they have needs related to their individual interests. This research aims to analyze the juridical aspects related to the process of changing a child's name and the legal consequences of changing a child's name in the District Court. The research carried out is legal research that is analytical in nature and uses a type of normative-empirical juridical research, namely combining or approaching related laws and regulations, as well as the views of experts in the legal field. Primary data is based on interviews and documentation. Based on the research results, it shows that 1) The process of changing a child's name at the Jember District Court involves structured stages, starting from submitting an application by the child's parent or guardian, administrative examination by the court, determining the decision by the judge to announcing it to the public. Each stage requires administrative requirements and documents that have been previously determined, with a settlement process that lasts two weeks and there are court costs incurred. 2) The legal consequences that arise from changing a child's name are the legality of the child's legal status regarding changes in several authentic evidence, such as Deeds. The birth of a child with the name on the Family Card (KK) in question.
Penegakan Hukum Pemilu terhadap Praktik Politik Uang di Indonesia Siti Yuliana Novitasari; Fathorrahman Fathorrahman; Ainun Najib
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 2 No. 1 (2025): Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v2i1.1371

Abstract

The provisions of the 1945 Constitution Article 1 paragraph (3) "The State of Indonesia is a State of Law". In addition to being a state of law, Indonesia is also a democratic state. In the concept of democracy, the government of a country is a government of the people, by the people, and for the people (principle of democracy). One of the important moments for the state of Indonesia to adopt a democratic system is the implementation of elections. Elections are also a means to encourage accountability and public control over the state, direct elections will make prospective leaders in the election contest do various ways to attract public sympathy to be able to vote for them. Even with methods that violate the constitution are also carried out. As is often the case in society during the election period, namely money politics . Legal regulations related to money politics in Law no. 7 of 2017 concerning elections include several special articles that prohibit the practice of money politics, but legal loopholes in election regulations include unclear definitions and ambiguous exceptions. Law enforcement against the practice of money politics in Indonesia still faces many challenges. This study uses a library study method supported by relevant research. The results of the study show that the root of the problem of the emergence of money politics is the existence of legal loopholes, weak supervision and a proportional election system that opens up opportunities for the development of money politics. The problem of money politics needs to be analyzed to obtain an effective strategy in preventing it. Money politics is not in accordance with the principles of democratic theory which demands freedom and justice. Elections are said to be fair if all people have the same right to choose leaders by not violating the rule of law.
Co-Authors AA Sudharmawan, AA Adhim, Muhammad Syauqun Any Farida Azwarfajri Azwarfajri Bagus Setya Rintyarna Dominikus Rato Dyah Ochtorina Susanti Efendi, Yulius Fathorrahman Fathorrahman Fitrotun Nisa’ Heriyanto Heriyanto Honainah Honainah Moh. Ali Hofi Muhammad Hermansyah Mukhammad Baharun Nur Fitriah Prakoso, Bhim Rian Sacipto Siti Ayu Rahayu Siti Ayu Rahayu Siti Yuliana Novitasari