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All Journal Kertha Patrika Masalah-Masalah Hukum LAW REFORM Indonesian Journal of Islam and Muslim Societies Al-Tahrir: Jurnal Pemikiran Islam Jurnal Dinamika Hukum Jurnal Media Hukum Tajdida Al-Ahwal: Jurnal Hukum Keluarga Islam Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Hukum IUS QUIA IUSTUM PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) Jurisprudence Jurnal Ilmiah Hukum LEGALITY Otoritas : Jurnal Ilmu Pemerintahan Hasanuddin Law Review SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Varia Justicia Sociological Jurisprudence Journal Istinbath: Jurnal Hukum dan Ekonomi Islam Yustisia Merdeka : Jurnal Ilmiah Hukum Jurnal Litbang Sukowati : Media Penelitian dan Pengembangan Pena Justisia: Media Komunikasi dan Kajian Hukum UNTAG Law Review Sakina: Journal of Family Studies IJECA (International Journal of Education and Curriculum Application) Journal of Transcendental Law Aloha International Journal of Multidisciplinary Advancement (AIJMU) The International Journal of Politics and Sociology Research Legal Protection for the Partnership Agreement Parties Lex Publica Journal of Global Pharma Technology SASI Jurnal Jurisprudence

Khudzaifah Dimyati

Universitas Muhammadiyah Surakarta

Author-ID : 254139

Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Medicine & Pharmacology Social Sciences Other

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Strengthening Halal Tourism Based on Prophetic Islamic Law through The Historical Social Inference of the Sasak, Samawa and Mbojo Nurjannah S; Rina Rohayu H; Khudzaifah Dimyati; Absori Absori
IJECA (International Journal of Education and Curriculum Application) 2018: Proceeding of The 1st International Conference on Halal Tourism, Products, and Services 2018
Publisher : Universitas Muhammadiyah Mataram

The legal paradigm of halal tourism which is being built by the government West Nusa Tenggara Province is based on oriental characters, civilization, and culture with the main scheme to attract the world Muslim tourists. The development of legal paradigm of character-and-civilized-based tourism is important in order to establish local identity of a particular area, which is now declining. This paper aimed to discus legal concept of halal tourism based on Islamic prophetic through social historical inference of Sasak, Samawa, and Mbojo ethnic groups. This research used legal analysis method of sociological jurisprudence and prophetic legal method with integrated-interconnected approach through the procedure of social historical interference. The finding revealed there is a convergence of Islamic prophetic values and social historical values of Sasak, Samawa, and Mbojo reflected in the patterns of halal food, social relation, clothes, economy, and the like. Common philosophy of Sasak, Samawa, and Mbojo, that is “adat bersendi syara’, syara’ bersendi kitabullah” (tradition is based upon sharia, sharia is based upon the Book of Allah) supports the Islamic identity that has provided a foundation for the issuance of halal regulation and the accommodation of character and civilized based local identities through local friendly entities.

The Role of Transcendence Values in Preventing Intolerance Behavior Muhtar Arifin; Khudzaifah Dimyati
Journal of Transcendental Law Volume 3, No 2, 2021
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v3i2.18123

Intolerance behavior is a behavior that is very well known in human life. Even though it has been enacted by law for decades, the phenomenon of intolerance is still common in society. The research method used here is qualitative in nature which relies on literature in the form of books, books and journals related to the discussion. Among the conclusions obtained is that transcendent values have an important role in preventing intolerance behavior and attitudes. Among these values is to realize that difference is a sunnatullah that exists in creatures. The existence of this difference is a sign of Allah's power, including differences in ethnicity, language, color, nation and religion. In addition, the original law in interacting with fellow humans is peace. Prioritizing noble character in interacting is also a damper for the atmosphere in society and a deterrent to unwanted conditions. Recognizing and remembering that there is a reward in every good and sin in every bad thing can prevent someone from acting and acting in an intolerant nature.Keywords: transcendence value, prevent, intolerance.

Converging Islamic and religious norms in Indonesia’s state life plurality Farkhani Farkhani; Elviandri Elviandri; Khudzaifah Dimyati; Absori Absori; Muh Zuhri
Indonesian Journal of Islam and Muslim Societies Vol 12, No 2 (2022): Indonesian Journal of Islam and Muslim Societies
Publisher : IAIN Salatiga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18326/ijims.v12i2.421-446

Indonesia is characterized by a plurality of values that inspire the formation of the state and its constitution. The democratization after the reformation made some religious communities desire to express their teachings openly. For instance, they desired to implement religious norms, resulting in laws and regional regulations with religious nuances. This study aimed to examine the convergence of Islamic norms and norms of other religions into positive law. It also intended to examine the prospects for converging these norms amid religious plurality. Using a historical and normative approach model, the practice of converging Islamic norms and norms of other religions was found from the formation to the promulgation of Law No. 1 of 1974 concerning Marriage. However, this law often receives judicial reviews, especially concerning interfaith marriages. The latest product of legislation relating to the application of religious norms into positive law is Aceh Qanun No. 6 of 2014 concerning Jinayat. The Qanun is interesting in the study of the convergence of norms of Islam and other religions in Indonesia. Although the formation and promulgation involved only followers of Islam, the Qanun accommodated the teachings of other religions. Therefore, non-Muslims prefer submitting to the Qanun rather than voting for the Criminal Code. These two examples show the prospect of converging open religious norms in various legislations.

The Ideology Of Law: Embodying The Religiosity Of Pancasila In Indonesia Legal Concepts Sinung Mufti Hangabei; Khudzaifah Dimyati; Absori Absori; Akhmad Akhmad
LAW REFORM Vol 17, No 1 (2021)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

The Pancasila ideology is positioned as the source of all sources of law in Indonesia. This meaning cannot be separated from the ideal value of the Indonesian Nation, which is God Almighty. This paper discusses the understanding of religious dimension of Pancasila as a legal norm, so that the applicable law can achieve its objectives. The normative and philosophical approach methods show that Pancasila has the roots of religiosity in its formation. The results of the study show that the strengthening of substantial ideological thinking based on social values that live in society and cannot be separated from the religious values of Pancasila becomes a place where law carries out its functions and roles in the life of the nation and state. In conclusion, the basic norms of the state, Pancasila, which have a religious dimension, are used as a benchmark in assessing the validity of the established regulations. The purpose of law is inseparable from the ultimate goal in the life of the nation and state, namely the values and philosophy of community life itself. The legal construction that puts aside Indonesian values in the context of ideology and the ideology of Pancasila law will result in the law losing its "spirit".

Jaminan Hukum atas Pengakuan dan Eksistensi Hak Ulayat pada Masyarakat Hukum Adat Gamal Abdul Nasir; Khudzaifah Dimyati; Absori Absori
Lex Publica Vol. 6 No. 1 (2019)
Publisher : APPTHI

Hak-hak masyarakat hukum adat harus diakui sebagaimana terlihat dalam Pasal 56 tentang Undang-Undang Pokok Agraria (UUPA) bahwa hak-hak masyarakat hukum adat akan diatur dalam undang-undang yang belum dilaksanakan. Karena tidak ada undang-undang yang mengatur tentang hak milik, pelaksanaan hak ulayat mengalami masalah, pengabaian hak bisa terjadi terhadap masyarakat adat. Kondisi tersebut menunjukkan bahwa tidak ada kemauan politik dan itikad baik dari pemerintah untuk mengakui hak-hak masyarakat adat. Meninggalkan hak ulayat dengan asumsi tergantung perkembangan zaman. Penelitian ini menggunakan metode penelitian normatif atau penelitian kepustakaan (library research) yang menggunakan pendekatan yuridis normatif. Penggunaan metode ini dimaksudkan untuk memperoleh data tentang pengetahuan dasar dan teori-teori yang dibahas secara tertulis dengan melakukan kajian hukum normatif yang digunakan untuk memberikan gambaran tentang realitas atau fenomena pengakuan Hak Ulayat oleh Negara sebagaimana diatur dalam Pasal 3 Undang-Undang Pokok Agraria yang kemudian dianalisis guna menjelaskan keberadaan hak ulayat hingga saat ini. Hasil penelitian menunjukkan bahwa dalam peraturan perundang-undangan keberadaan hak ulayat masih lemah. Selain itu, dalam rangka pembangunan sistem hukum tanah nasional, selain mengatur kedudukan hak ulayat, perlu diatur pula pengertian hak ulayat, subyeknya, bendanya, ciri-cirinya, batas-batasnya, hak dan kewajibannya yang melekat pada ulayat tersebut. Abstract The rights of indigenous peoples must be recognized in Article 56 of the Basic Agrarian Law (BAL), that the rights of indigenous peoples will be regulated in laws that have not been implemented. Because no law regulates property rights, implementing customary rights has problems for indigenous peoples. This condition shows that the government has no political will and good faith to recognize indigenous peoples' rights. Leaving Ulayat rights with the assumption that it depends on the times. This study uses a normative or library research method, which uses a normative juridical approach. This use is to obtain data about and theories discussed in writing by conducting a normative legal study which is used to provide an overview of the reality or phenomenon of knowledge of the recognition of Ulayat Rights by the State as regulated in Article 3 of the Basic Agrarian Law which is then analyzed to explain the existing customary rights to date. The results of the study indicate that in the legislation, customary rights are still weak. In addition, in the context of developing a national land law system, apart from regulating Ulayat rights, it is necessary to regulate the definition of Ulayat rights, their subjects, objects, characteristics, boundaries, rights, and obligations attached to these Ulayat. Keywords: Customary Rights, Indigenous Law Communities, Legal Guarantees, Indonesia

The Right for a Healthy Environment in Indonesia: Comparison of Global Laws Sigit Sapto Nugroho; Sarjiyati Sarjiyati; Anik Tri Haryani; Yuni Purwati; Susiani Tri Wahyuningsh; khudzaifah dimyati; Heru Santoso Wahito Nugroho
Journal of Global Pharma Technology Volume 12 Issue 09 (2020) Sept. 2020
Publisher : Journal of Global Pharma Technology

Show Abstract | Download Original | Original Source | Check in Google Scholar

Objective: The research purpose is to explains according the constitution every citizen has the right to obtain the constitutional guarantee to live and access the healthy environment. Method: The research methods is normative juridical method is conducted by examining literature material. Citizens also have the right to live in a good and healthy living environment for their growth and development. This is regulated in Article 28 on the Declaration of the Human Rights, the Stockholm Declaration, and the constitutions of countries in the international world. Results: Result of the research is the rights for a good and healthy environment brings a burden of responsibility for the state to protect and to sustain the living environment’s supporting power for the sake of the future generations. Conclusion: The conclusion from this research is that the efforts to uphold these rights may be guaranteed by the constitution. Thus, every citizen may file a lawsuit to the court if the state does not fulfil this right

Legal protection for women victims of sexual violence during the covid 19 pandemic in Surakarta City Raden Roro Astuti Retno Lestari; Khudzaifah Dimyati; Kelik Wardiono
The International Journal of Politics and Sociology Research Vol. 11 No. 1 (2023): June: Law, Politic and Sosiology
Publisher : Trigin Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/ijopsor.v11i1.126

Protection of sexual violence is a human right guaranteed by the constitution. Non doctrinal research with qualitative descriptive. The aim is to find out and analyze the legal protection of women victims of sexual violence during the Covid 19 pandemic in the city of Surakarta according to statutory regulations. The results of the 2020 study totaled 40 cases with 26 cases of domestic violence, 6 cases of rape, 5 cases of sexual abuse, and 3 cases of dating violence. Legal protection for victims of rape sexual violence in Surakarta City began with the stages of investigation, prosecution and trial. However, the right to a new identity, reimbursement of transportation costs as needed, determining the form of protection and security support was almost never given. In addition, the government's policy of limiting the conditions of the Covid 19 pandemic has slowed down the handling of victim protection. The investigative phase is carried out face to face with health protocols, while the prosecution and examination courts and trials are conducted online by maintaining the confidentiality of the victim's identity but causing limited interaction between victims, prosecutors and judges. The right to legal protection for victims of female sexual violence during the Covid 19 pandemic has not been fully fulfilled in Surakarta City.

Civil Service Police Unit principle : no punishment and no taxation without representation Sarip Sarip; Diana Fitriana; Absori Absori; Khudzaifah Dimyati; Harun Harun
Otoritas : Jurnal Ilmu Pemerintahan Vol 13, No 2 (2023): (August 2023)
Publisher : Department of Government Studies Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/ojip.v13i2.9106

The present study aims to scrutinize the Indonesian Civil Service Police Unit (henceforth: Satuan Polisi Pamong Praja/CSPU) in enforcing local regulations. In enforcing the local regulations, the principle of “no punishment without representation” is applied to the formulation of criminal sanctions, while the principle of “no taxation without representation” is conducted to regional development funding. This study employs normative qualitative approach to obtain legal facts encountered by CSPU. The findings indicated that CSPU merely works as administrative officers with their insignificant roles. Furthermore, the contents of the criminal sanctions for regional development funding position it as an instrument to influence the perception of the regional communitydue to their lack of coordination in implementing the two principles. Furthermore, the CSPU is deemed to be restricted due to the absence of regulations that strengthen their duties to enforce the local regulations. Therefore, it can be inferred that the lack of support for legal products in enforcing local regulations is considered an obstacle for those CSPU to truly play their main role as investigators towards the violation of local regulations. Furthermore, the local government does not place more emphasis on the principles of criminal sanctions as well as the escorting of financial capital in regions.

The Confiscation of Husbands’ Wealth as A Collateral for Post-Divorce Child Support: Perspective of Maqāṣid Al-Sharī'ah Zuhdi, Syaifuddin; Dimyati, Khudzaifah; Wardiono, Kelik; Shofia, Rahma; Hakim, Abdul
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 2 (2024): 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/sjhk.v8i2.17326

A husband is obliged to take care of his family, including his wife and children. when they divorce, he doesn’t have to support his wife anymore, but he still has to support their children. With the compilation of Islamic Law, statute no 1 of 1974 and circular letter of Supreme Court, Courts decide how much the father needs to pay for child support after a divorce through judge’s consideration. But sometime, fathers don’t follow this decision. In Indonesia, a 2021 circular letter from the Supreme Court allows the court to take the husband's property to ensure the children get the support they need after the divorce. This research aims to determine the concept of confiscation of husband's property as a guarantee for child support after divorce from a maqāṣid al-sharī'ah perspective. The method used in this research is a normative juridical method which is descriptive. Data was collected through in-depth interviews and religious court studies. The research results show that the concept of including the ex-husband's assets as collateral for post-divorce child support is included in the execution submitted to the Religious Court for the father's husband's negligence in implementing the provisions regarding child consent in the divorce decision. This process can be submitted by the ex-wife or child's mother or child's guardian to the Religious Court. The concept of confiscating the husband's property as a guarantee for children's support after divorce can provide benefits for children in the form of hifdz nafs (protecting themselves) and hifdz aql(protecting reason), as well as benefits for fathers in the form of hifdz nafs (protecting offspring) and hifdz maal(protecting assets).

Islamic nomocracy: from the perspectives of Indonesia, Spain and Russia Wibowo, Sugeng; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik; Ramon, Tomás Mateo; Budiono, Arief; Lyandova, Vanka
Legality : Jurnal Ilmiah Hukum Vol. 31 No. 1 (2023): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v31i1.25358

The Indonesian Islamic nomocracy paradigm has a long history and a cultural relationship with the national struggle that coincides with political and religious orientations. The Islamic nomocracy is inseparable from the relationship between Islam and the state rather than being linked to Islamic doctrine and power. This research employed the normative sociological method. It used a philosophical approach from Barbour’s paradigm of the relationship between religion and science and Habermas’ thought on religion in public spaces. This research strives to analyze the Islamic nomocratic paradigm pattern prior to Indonesian independence as a crucial stage that influences the following eras, namely the post-independence era, the Old Order Era, the New Order Era, and the Post-Reformation era up to now. This research aims to find the basics and the development of the Islamic nomocracy in the Indonesian legal system. The roots of the Islamic nomocracy legal thought in Indonesia can be traced to the pre-independence era. In the development of Islamic kingdoms, there was a dialog and integration process between the Islamic nomocracy and the kingdom government. After the War of Java, the conflict and independence pattern was formed. Before Indonesian independence, the Islamic nomocracy thought developed into Pan Islamism which tended to be conical to legal formalization through the caliphate system. After Indonesia’s independence, some of the Islamic nomocracy legal thought recognized the state as one of the legal systems in Indonesia besides customary law and positive law. Then, Indonesia became a partly-Islamic Legal State with a constant up-and-down relationship with the state. The authors also completed this paper with perspectives of Spain and Russia as both have been ruled under Muslim governance.

Co-Authors Abdul Hakim Absori Absori Aida Dewi Aidul Fitriciada Azhari Ajid Abdul Syawal Akhmad Muslih Angkasa Angkasa Anik Tri Haryani Apreliyanti, Virra Ervita Arief Budiono Bambang Setiaji Budi Agus Riswandi Budi Winarno Chrisna Bagus Edhita Praja Dewi, Aida Diana Fitriana Dianto Dianto Dianto, Dianto Dinil Abrar Sulthani Elviandari Elviandari Elviandri, Elviandri Farkhani Farkhani Farkhani Farkhani Fitrah Hamdani Gamal Abdul Nasir Hamdani, Fitrah Hanafi, Muhammad Amin Hangabei, Sinung Mufti Haq, Hilman Syahrial Harun Harun Heru Santoso Wahito Nugroho Hery Dwi Utomo Izziyana, Wafda Vivid Kachippa Suvirat Kelik Wardiono Lyandova, Vanka Marisa Kurnianingsih Mohammad Busjro Muqoddas Mohammad BusjroMuqoddas Muh Zuhri Muhammad Nurcholis Alhadi Muhtar Arifin Mukhlishin Mukhlishin Munir, Usman Mutimatun Niami Nasri Nasri Nasri Nasri, Nasri Natangsa Subakti Natangsa Surbakti Nurani, Siti Syahida Nurjannah S Nurul Huda Purwadi Wahyu Anggoro Raden Roro Astuti Retno Lestari Ramadhan, Jelang Ramon, Tomás Mateo Ridwan Rochman, Saepul Rohayu H, Rina Romi Saputra Saepul Rochman Saputro, Muhammad Andi Sarip Sarip Sarjiyati Sarjiyati Shofia, Rahma Sigit Sapto Nugroho Siti Syahida Nurani Subakti, Natangsa Susiani Tri Wahyuningsh Syafirah, Filzah Ilda Syaifuddin Zuhdi Syawal, Ajid Abdul Taadi Taadi Wafdah Vivid Iziyana Waljinah, Sri Wibowo, Sugeng Widi Astuti Widihartati S Widihartati Setiasih Yuni Purwati

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