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Kelik Wardiono
Universitas Muhammadiyah Surakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Nursing Public Health Social Sciences Other

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THE CONCEPT OF THE POSITION OF REVELATION AS AN ONTOLOGY OF PROPHETIC BASED LEGAL SCIENCE Romi Saputra; Khudzaifah Dimyati; Absori Absori; Kelik Wardiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 1 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i1.4024

Abstract

This article aims to answer the position of revelation as a prophetic-based ontology of legal science. If the West issues revelations in science and more specifically in the formation of positive law, and glorifies human reason more, then this article explains that these revelations are part of positive law without ignoring human potential, and placing human potential proportionally. By using philosophical methods and approaches, this article shows that revelation in the study of prophetic law occupies a very high position, revelation functions to provide direction and guidance for reason in understanding reality and the formation of positive law. Law is interpreted by the will of Allah SWT which is based on the Koran and the Sunnah of the Prophet Muhammad. Revelation functions as a guide containing norms, values and rules, while reason is tasked with finding laws based on revelation's direction. For this reason, revelation, reason and the senses never come into conflict between the two, instead they become one unit, mutually reinforcing and reinforcing each other. The combination of revelation with reason and human life is then known as the Islamic moderation paradigm which synergizes things that are permanent with things that are flexible, combines the understanding of the Salaf with contemporary reforms (tajdid), is not jumud and liberal, and understand Islam comprehensively. Conflict between revelation and reason will only occur if one of them is fixed and the other is flexible, then of course the fixed one is superior to the flexible one, or both are equally flexible, so even if one is determined by interpreting the view of reason.
Legal Protection in Construction and Transfer Cooperation Between Surakarta Revenue Agency and Bank Mandiri’s EPPSON Program Mindipurnama Putra, Ijlal Hanif; Wardiono, Kelik
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol. 7 No. 2 (2025)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v7i2.8476

Abstract

Local taxes are a vital source of revenue for Surakarta City, yet taxpayer compliance remains low due to payment procedures perceived as complex and inefficient. To address this issue, the Surakarta City Revenue Agency (Bapenda) implemented the Electronic Payment System Online (EPPSON) in collaboration with Bank Mandiri as part of its digital taxation and smart city initiative. This study examines the legal construction, regulatory framework, and legal protection of the cooperation agreement between Bapenda Surakarta and Bank Mandiri. Utilizing a normative empirical approach that incorporates legislative, socio-legal, and conceptual perspectives, the research examines both regulatory instruments and their practical implementation. The findings indicate that cooperation is structured through a non-cash local tax payment service under a Build, Transfer, and Operate (BTO) scheme, positioning Bank Mandiri as a strategic partner in fiscal digitalization. While EPPSON improves efficiency and accessibility, legal challenges persist, including contractual ambiguities, uneven data protection standards, and the absence of specific regional regulations governing digital tax payments. The program is legally grounded in Presidential Regulation No. 38 of 2015; however, strengthening derivative regulations and cybersecurity safeguards remains essential for its sustainability.
D’Gondangrejo Resto Investment Agreement: Legal Construction and Legal Protection for the Parties Involved Ardio Ragamufti Wisanggeni; Kelik Wardiono
Journal of Law, Politic and Humanities Vol. 6 No. 2 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i2.3033

Abstract

This research is prompted by the rapid growth of investment in the culinary and recreation sectors within the strategic toll gate area of Gondangrejo, Karanganyar Regency, which has triggered various local investment cooperation models. A prominent phenomenon is the investment agreement at D’Gondangrejo Resto, involving fixed asset capital participation that often lacks specific regulation under named agreement categories. The purpose of this study is to dissect the legal construction underlying such cooperation and analyze the legal protection mechanisms for both investors and business owners to ensure legal certainty. The research method employed is normative legal research with a statutory approach and a conceptual approach, utilizing secondary data consisting of positive legal norms and relevant literature. The results indicate that the legal construction of the D’Gondangrejo Resto investment agreement is an innominate agreement which, substantially, can be analogized to a Limited Partnership (Commanditaire Vennootschap) based on Articles 19-21 of the Indonesian Commercial Code. In this structure, the investor serves as a limited partner (silent partner) responsible only for the capital invested, while the business owner acts as a general partner with full personal liability. Preventive legal protection is realized through clauses limiting liability and rights to financial transparency, while repressive legal protection is available through instruments of compensation and agreement cancellation pursuant to Article 1243 of the Civil Code in the event of a breach of contract (wanprestasi). The novelty of this research lies in its proposal of a commercial law analogy (de facto CV) to provide legal protection standards for micro-to-medium investments using hybrid contract schemes outside formal corporate entities. These findings offer a theoretical contribution to the development of local investment contract law and practical implications for strengthening cooperation agreements in the culinary service sector.
POLITICS OF BUSINESS LICENSING IN INDONESIA: Involvement of Community Consent in Building Approval Nurhayati, Nunik; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.3912

Abstract

This article aims to discuss the urgency of community consent and involvement in development in the era of the Job Creation Law in Indonesia. Whereas, The Job Creation Law is designed to reduce the complexity and time needed to obtain permits with the aim of ease of doing business. The impact of this policy is to eliminate community consent in building approvals as one of the basic requirements for business licensing. This research uses normative legal research methods with a statutory approach. The data analysis technique uses descriptive analysis by describing general things to specific ones by describing current business licensing policies in Indonesia to provide general ease of doing business. The results of the discussion showed that community involvement in the building approval process is an important aspect that needs to be considered in the context of the Job Creation Law in Indonesia. Community involvement can be in the form of a public consultation process, where the building owners must obtain approval or at least discuss development plans with the surrounding community to ensure that the project does not harm the interests and lives of the local communities. Looking at the process of forming and amending the Job Creation Law, where there are many community rejections and low levels of participation, it can be seen that the legal politics of the Job Creation Law belongs to an authoritarian political configuration whose legal product character is conservative. This includes the substance of the regulation, which eliminates the requirement for community consent in managing Building Approval.Keywords:Law, Job Creation, Business License, Politics
Prophetic Paradigm as an Alternative Critique Toward Hart’s Concept of Morality and Law Hamdani, Fitrah; Dimyati, Khudzaifah; Absori, Absori; Wardiono, Kelik; Dianto, Dianto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.4945

Abstract

"Prophetic Paradigm" generally refers to a framework or approach that emphasizes the role of prophecy or prophetic figures in shaping religious, spiritual, or social understanding. This paradigm is often discussed in religious contexts, particularly within Christianity, Islam, and Judaism, where prophets are seen as key messengers of divine will, providing guidance, correction, and insight to communities. This article critiques the ethical principles of the epistemological basis of the relationship between law and morality in Herbert Leonel Adolphus Hart's (H.L.A. Hart) rational paradigm, which is founded on the prophetic paradigm via the lens of the Medina Charter. It employs a philosophical approach to investigate the fundamental assumptions of the epistemological foundation of legal science by connecting legal science to prophetic science. This study's data are collected from literature. This analysis shows that Hart's proposed separation of law and morality is inappropriate. Some rules are both legal and moral. Thus, the criticism of morality in the Medina Charter demonstrates that the distinction between law and morality established by Hart cannot be generally implemented and must be evaluated by taking into account social context and moral ideals considered significant by the society.
Axiological Aspects of Legal Science from the Muhammadiyah Perspective Wardiono, Kelik; Junaidi, M; Yuspin, Wardah; Isman, Isman; Rahardjo, Trisno; Hidayat, Syamsul
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6835

Abstract

This study aims to determine the purpose of legal science for Muhammadiyah, specifically the Majelis Tarjih (Islamic Council of Muhammadiyah). This is highly urgent, because the Majelis Tarjih is an entity within Muhammadiyah that is responsible for providing solutions to the problems of the people's lives, especially Muhammadiyah members and Muslims in general. In general, the purpose of legal science is to ensure justice, legal certainty, and benefit. Legal scholars have provided an overview of justice, legal certainty, and benefit. Some argue that law is just if it has legal certainty. Meanwhile, the law is certain if it is written or codified. On the side of benefit, there are also many differences. Is the benefit for the victim only, or for the perpetrator as well? The above matters are constantly experiencing dynamics. Therefore, Muhammadiyah, in this case the Majelis Tarjih, wants to provide an alternative purpose of legal science. Based on this, this research has a fairly high urgency, considering that the Majelis Tarjih in its legal istbath should not deviate from the purpose of the law itself. This research method is normative research with a library approach. The research begins by analyzing Islamic sharia by classifying what is fixed (muthasibat) and what is changeable (muthaghoiroh). These two aspects are then discussed in dialogue with the objectives of sharia (maqasidu shari'ah). In the next stage, the author will study the istinbat method of the tarjih assembly's law to synchronize the objectives of law with the istinbath method of the Muhammadiyah tarjih assembly. The findings of this study are that the objectives of law from the Muhammadiyah perspective are flexible. This flexibility lies in achieving benefits and avoiding harm.
Analisis Makna Teks Sastra dan Etika dalam Konteks Filsafat dan Sastra Wahyudi Setiyawan; Absori Absori; Kelik Wardiono
MOUSE JURNAL HUMANIORA Vol. 1 No. 1 (2024): Edisi Januari
Publisher : Yayasan Grace Berkat Anugerah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69688/mouse.v1i1.25

Abstract

Penelitian ini bertujuan untuk menganalisis makna teks sastra dan etika dalam konteks filsafat dan sastra. Penelitian ini melibatkan pendekatan strukturalisme sastra dan pendekatan resepsi sastra untuk memahami makna yang terkandung dalam teks sastra, penelitian ini menyoroti pentingnya memahami makna yang terserap dari teks sastra secara mandiri, terlepas dari pengarang dan waktu penulisannya. Selain itu, penelitian ini juga menekankan bahwa sastra dapat menjadi corong filsafat dalam menyentuh masyarakat, sehingga sastra dapat menjadi penghubung antara filsafat dan masyarakat. Penelitian ini memberikan pemahaman yang lebih dalam tentang hubungan antara teks sastra, etika, dan filsafat. Dalam konteks ini, penelitian ini memberikan kontribusi dalam memperluas pemahaman tentang makna teks sastra dan implikasinya terhadap nilai-nilai etika dan filsafat. Secara keseluruhan, penelitian ini memberikan wawasan baru tentang analisis makna teks sastra dan etika dalam konteks filsafat dan sastra, serta pentingnya memahami hubungan antara sastra, etika, dan filsafat.
Women Protection and Decision of Customary Justice on The Ride of Cross Action (Women Protection Based On Law And Customary Justice In Atambua) Siti Syahida Nurani; Absori Absori; Khudzaifah Dimyati; Kelik Wardiono; Wafda Vivid Izziyana
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.896.89-100

Abstract

Rape can be occured in all women from all side of life, occupations, age, and marital status, which was done alone or abuzz. The perpetrators of violence also come from various circles, work, age, social class and marital status. In this case, the number of women violence against in Atambua is quite high. Sexual abuse cases and sexual harassment turned out most of the perpetrators are still related to blood with victims, such as biological father, siblings, uncle and neighbors. The cases of sexual assault against women in Atambua are resolved in customary. However, any form of resolution, the act of violence of rape against viewed from various aspects still must be responded as a criminal act, for example the custom settlement of tallitan tafani still apply penal sanction in the form of penalty as one of the effort of restoration of good name, and also dignity for the victim.
The Implementation Of The Employment Agreement For Indonesian Migrant Workers In Saudi Arabia Wafda Vivid Izziyana; Harun Harun; Absori Absori; Kelik Wardiono; Arief Budiono
Sociological Jurisprudence Journal Vol. 2 No. 2 (2019)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.2.2.899.73-80

Abstract

The placement program of Indonesian migrant workers overseas is the Indonesian government’s program for the society’s welfare. One of the referential laws used in the working relations between the Indonesian migrant workers and the Arabic employers is the employment agreement. The Saudi Arabian employment agreement implements the sharia law which is influenced by the Hambali school of taught. The King’s decree No. M/51 year 2005 regulates the labor laws in Saudi Arabia, and this country’s government only accepts employment agreements written in Arabic. The solution is that the employment agreements written in two languages are prepared, with Arabic as the authoritative language. Apart from implementing the Kafala System, as a substitute of tax, Saudi Arabia also implements the Nitaqat Policy. The employment agreements in Saudi Arabia have a high risk of being misused by the agencies, as the position of the Indonesian migrant workers is under the responsibility and under the power of the agencies, who have the right to terminate or to send the workers back home if there are some problems. The employment agreements are made because of the employer’s complaints on how the migrant workers often run away, which undoubtedly causes them a high loss. The aim of the contract is so that both parties may achieve a win-win solution, and that they are both given protection. Yet, the contract also limits the participation of the host country’s delegates, as all affairs are given to the Saudi Arabian Immigration Office. The employment agreement must be owned by both parties. Yet, based on some researches established by the Embassy of the Republic of Indonesia’s safe house, it is known that almost none of the migrant workers keep an employment agreement. Another problem is that there are multiple contracts: one before departing for Saudi Arabia, and a different one after having arrived in the country. Another written agreement that is signed by the employer and the agency in Saudi Arabia doesn’t involve the domestic worker. The three contracts which are signed in Indonesia, in front of the Immigration Office, and the one-sided contract between the employer and the agency regulates the same thing, though there is a chance that in all three contracts, the wages written are different.
Legal Policy Model of National Strategic Projects and Social Stratification from the Welfare Society Perspective Marita Fatimah; Absori; Kelik Wardiono; Arief Budiono; Jamal Hi Arsad; Sultan Alwan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 6 No. 3 (2026)
Publisher : CV. RADJA PUBLIKA

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

Abstract

(1) Statement of the Problem: Infrastructure development through the National Strategic Project is one of the government's main policies in accelerating economic growth and improving national connectivity. However, its implementation often results in social impacts in the form of agrarian conflicts, unequal distribution of development benefits, and changes in the social structure of affected communities. This study analyzes the legal policy model of the National Strategic Project and its impact on social stratification from a welfare society perspective using Dahrendorf's social conflict theory approach. (2) Research questions: The research problems are: (a) How is the legal policy model of the National Strategic Project in the legal system of development in Indonesia, (b) How is the impact of the implementation of the National Strategic Project on the social stratification of society and (c) How is the legal policy model of the National Strategic Project based on welfare society in the perspective of Dahrendorf's social conflict theory? (3) Method: This study uses an empirical juridical method with legislative, conceptual, and sociological approaches. Data were obtained through literature studies and empirical data from various research reports, policy documents, and relevant field studies. (4) Findings/Results: The results show that the implementation of the National Strategic Project tends to result in social dualism between groups that benefit from development and affected community groups who experience social marginalization. This condition strengthens social stratification and triggers conflict between dominant and subordinate groups as explained in Dahrendorf's social conflict theory. Therefore, it is necessary to reconstruct the legal policy model of the National Strategic Project based on welfare society by strengthening community participation, fair distribution of development benefits, and legal protection for affected communities. (5) Academic Contribution: This paper gives academic contribution as this policy model is expected to be able to create inclusive and socially just development.
Co-Authors Abdul Hakim Absori Absori Achmad Miftah Farid Agatha Jumiati Aidul Fitiada Azhari Aidul Fitriciada Azhari Amada, Fanesa Andria Luhur Prakoso Anggoro, Purwadi Wahyu Anwar Mujahidin Anwar Mujahidin Apreliyanti, Virra Ervita Ardio Ragamufti Wisanggeni Arief Budiono Arief Budiono Arif Budiono Arova Bakhtiar Aya Mohammed Youssef Abd Allah Ayu, Cintia Putri Kusuma Bambang Sukoco Baskoro Tri Pamungkas Basu Bal, Abhinayan Budi Winarno Chandra, Rizky Aditya Clarizze Yvoine Mirielle Darnoto , Sri Dewi Iriani Dewi Kusuma Diarti Dianto Dianto Dianto, Dianto Diatmoko, Tri Dwinuryidha Ken Rifqi Eiad Yafi ellectrananda anugerah ash-shidiqqi Em Sutrisna Emovwodo, Silaas Oghenemaro Eny Purwandari Erwin Yudi Prahara Erwin Yudi Prahara, Erwin Yudi Fahmi Fairuzzaman Fauziana , Eni Fauziana, Eni Firmansyah, Ifan Fitrah Hamdani Fitriani Nur Damayanti Ganindya, Brestiara Gulyamov, Said Gulyamov, Said Saidakhrarovich Hamdani, Fitrah Harun Harun Hery Dwi Utomo Imaniar Rinanda Ayuningtyas Indah Maulani Isman Isman Isman, Isman Izziyana, Wafda Vivid Jamal Hi Arsad Kachippa Suvirat Khudzaifah Dimyati Khuzaefah Dimyati Krisanti, Hana Lyandova, Vanka M Junaidi, M Marisa Kurnianingsih Marita Fatimah Marjanah, Iramadya Dyah Marni Marni Mawarni, Wilda Mega Yudha Nur Rokhmah Saptari Mindipurnama Putra, Ijlal Hanif Moh. Indra Bangsawan Mohammad Busjro Muqoddas Mohammad BusjroMuqoddas Muchlison Anis Muh. Nashirudin Muhammad Anas Arifin Muhammad Bayu Saputro Muhammad Halim Maimun Muhammad Nurcholis Alhadi Mukhammad Ali Turdialiev Polatjon Ogli Mutimatun Niami Nanik Rumiati Natangsa Surbakti Naufal Fakhri Ghozali Nur Aida Ikrima Nur Hamidah Irba'ul Khair Nurfauzia, Elita Nadia Nurhaliza, Alfida Aulia Rahma Firdauzy Nuria Siswi Enggarani Odilbek Khazratkulov Prasetyo Utomo, Widhi Pratiwi, Betty Intan Purwadi Wahyu Anggoro Puspita Sari, Arindra Raden Roro Astuti Retno Lestari Rahardjo, Trisno Rahayu, Istiyawati Rahmi , Anggraita Nur Rahmi, Anggraita Nur Rajput, Trisha Ramon, Tomás Mateo Restianti, Riza Rina Arum Prastyanti Rina Arum Prastyanti, Rina Arum Rizka Rochman, Saepul Romi Saputra Saepul Rochman Saepul Rochman Said Saidakhrarovich Gulyamov Saptari, Mega Yudha Nur Rokhmah Saputro, Muhammad Bayu Setiyawan, Wahyudi Shofia, Rahma Silaas Oghenemaro Emovwodo Siti Syahida Nurani Siti Zulaekah Sri Darnoto Sri Rejeki Sultan Alwan Syafirah, Filzah Ilda Syaifuddin Zuhdi SYAMSUL HIDAYAT Syifa Rana Tsary Tashya Panji Nugraha Tsary, Syifa Rana Wafdah Vivid Iziyana Wahyudi Setiyawan Waljinah, Sri Wardah Yuspin Werdany, Kusuma Estu Wibowo, Sugeng Widananda , Clarisa Widananda, Clarisa Yafi, Eiad Yuli Kusumawati Yuniar, Siska