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Pemilihan Gubernur, Bupati dan Walikota dan Persepsi Komisi Pemilihan Umum Kota Madiun Dewi Iriani; Wafdah Vivid Iziyana
Justitia Jurnal Hukum Vol 3, No 1 (2019): Justitia Jurnal Hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (574.121 KB) | DOI: 10.30651/justitia.v3i1.2711

Abstract

Penelitian ini bertujuan untuk menganalisis persepsi Komisi Pemilihan Umum Madiun tentang Pemilihan Gubernur, Bupati dan Walikota. Komisi Pemilihan Umum Madiun serta persepsi tentang Pilkada serentak. Penelitian penelitian lapangan Penelitian ini dirancang deskripsi intensif dan anlisis fenomena atau unit sosial tertentu seperti individu, kelompok, lembaga atau masyarakat. Hasil penelitian menjelaskan bahwa keputusan atau UU jika itu dikeluarkan, karena pemilihan lokal orang hanya memilih kandidat tanpa memilih calon Kepala Daerah dan Wakilnya. Selain itu Calon Kepala Daerah harus melalui pengujian publik, calon Kepala Daerah termasuk Wakil Kepala Daerah tanpa publik melalui tes, serta pemilihan Kepala Daerah dilakukan secara simultan.   Kata Kunci: Regulasi, Hukum, Pemimpin Daerah, Pemilihan Umum
The Law of Health and Underage Marriage in the Transcendental Perspective Widihartati Setiasih; Khudzaifah Dimyati; Absori Absori; Wafda Vivid Izziyana
Aloha International Journal of Multidisciplinary Advancement (AIJMU) Vol 1, No 7 (2019): JULY
Publisher : Alliance of Health Activists (AloHA)

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (66.518 KB) | DOI: 10.33846/aijmu10701

Abstract

Underage marriage is deemed to be a serious problem as brings controversies. Indonesia is one of the countries in the world with a high rate of underage marriage. The health impacts of this dangerous traditional practice include the increase of the mother and baby death rate, and also the rate of reproductive health diseases. The method in this research is the qualitative method. The underage marriage still happens often as there is a high tolerance given by the Constitution of Marriage, which gives the minimum age of 16 years for marriage. There needs to be an effort of harmonization between the various systems of marriage laws which apply in Indonesia so that the legislative challenges which happen becauses of the constitutional regulations’ disparity regarding the underage marriage may be solved. Revisions of the Constitution of Marriage and the Maturity of Marriage Age are proposed as part of the effort to prevent underage marriage. Viewed from the aspect of reproductive health, underage child marriage poses much risks and dangers because physically and mentally, children are not ready to give birth, so it may cause diseases in the reproductive system, and it may even lead to the death of the baby and child. There needs to be the government’s commitment to stop the dangerous traditional practices which affect the health of women and children and ratify the regulations related to their protection. The socialization of the reproductive health and sex education for teenagers must be done intensively by integrating it in the study curriculum at school. Keywords: Health law, Underage marriage, Transcendental.
Pendekatan Feminisme dalam Studi Hukum Islam Wafda Vivid Izziyana
ISTAWA Vol 2, No 1 (2016): Istawa: Jurnal Pendidikan Islam
Publisher : Postgraduate Program Magister Pendidikan Agama Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (304.903 KB) | DOI: 10.24269/ijpi.v2i1.366

Abstract

The Islamic religion nowadays is demanded to involve actively in giving solutions of various problems faced by the Muslims. One of them is womanhood issues. Women are often positioned in a subordinate position and are less respected. Moreover, it seems having legitimacy from theological doctrines that is supported by patriarchy system. The reaction of imbalance and injustice from patriarchy system therefore results a feminist movement. The demand of Islamic religion role as expected above can be answered while the conception of religion currently uses normative approach, a theology that is provided with other various approaches such as anthropological, sociological, psychological, phenomenology, and feminism. Those various approaches, which are operationally conceptual, can give solutions to occurred problems. The Islamic religion study using feminism approach is expected to bring Islam back as a hospitable religion for women.
Pekerja Imigran Perempuan dalam Perspektif Islam Kelik Wardiono; Wafda Vivid Izziyana
ISTAWA Vol 3, No 2 (2018): Istawa: Jurnal Pendidikan Islam
Publisher : Postgraduate Program Magister Pendidikan Agama Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (421.432 KB) | DOI: 10.24269/ijpi.v3i2.1499

Abstract

Islamic law gives a high appreciation for the human equality. It happens because all humans come from one source, Allah S.W.T. Respecting of human rights is regulated in fiqih, holy Qur’an, and hadist. From the Islamic law perspective, the differentiate of human level is on their devotion. Working as a migrant worker is allowed in Islamic Law. State gives regulation for the Indonesian migrant in a constitution No 18, 2017 year. The constitution is provide to give all society to have work both of domestic and overseas with a certain period, of course they get salary. Working is a citizen’s right. The purpose of migrant is to get bigger result. Other factor which triggers the Indonesian citizen of Indonesia to change the fate is the difficulty of getting work. There are many kinds of work in this country. Various job opportunities that exist in this country but most of them have been occupied by Indonesian society. Consequently, it is being minimum opportunity for the next generation. Indonesian mindset of working abroad to be a migrant worker is a necessity. The real fact is when women work, and then they have to perform two roles, as a wife or a mother as well as a worker.  This article will discuss about the female position as a migrant viewed from the religion point of view, especially in term of Islamic law related to Indonesian female migrant workers.
LEGAL CONSEQUENCES OF DELAYING THE IMPLEMENTATION OF AN INTERNATIONAL TREATY Wafda Vivid Izziyana; A Heru Nuswato; Subaidah Ratna Juita
Legal Standing : Jurnal Ilmu Hukum Vol 7, No 1 (2023): Maret
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v7i1.7494

Abstract

Two aspects of delays in the implementation of international treaties are delays based on legal subjects or states that are parties to the treaty and delays based on the existence and absence of arrangements in the treaty itself. Whether the delay occurs based on the agreement of all parties or because of the interests of one particular country only. This research method is normative juridical. The results of the study explain the procedures that must be followed if a party proposes a delay in the implementation of an international agreement, regulated in the 1969 Vienna Convention and the UN Charter. Furthermore, the opportunity for the state that proposes a postponement to withdraw its proposal at any time, as long as the proposal has not yet caused any effects or consequences. international agreements that are postponed will certainly have legal consequences both for the agreement itself, the parties, and even in certain cases also for third parties. Parties who agree to postpone are released from the obligations stemming from the treaty in relations between themselves during the postponement period. However, the rights and obligations stemming from the provisions of the treaty continue.
The Development of International and National Sovereignty of the Law of the Sea in the Perspective of Philosophical Analysis Wafda Vivid Izziyana; Osgar Sahim Matompo; Andhika Yuli Rimbawan
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6166

Abstract

International law of the sea is one of the branches of international law that has experienced significant development in the last 50 years and will always develop dynamically from time to time. This research uses doctrinal legal methods, data analysis techniques are carried out qualitatively with deductive thinking patterns. Data processing begins with editing, classification, verification, analysis, and conclusions. The results of this research explain the development of the sovereignty of the provisions of international law of the sea began in 1930 when developed countries began to have the ability to explore and exploit natural resources, especially oil in the sea. Before the holding of the International Law of the Sea Conference or commonly called the First United Nations Conference on the Law of the Sea (UNCLOS I) in 1958, the use of the sea was regulated by international customary law. Furthermore, UNCLOS II in 1960 formulated a resolution on the need for certain technical methods in terms of fisheries, and the proliferation of sovereignty claims over sea areas submitted by new countries, regulating sea-bed with the concept of common heritage of mandkind and the decision to hold UNCLOS III in 1974-1982, UNCLOS 1982 regulates the division of maritime zones with their respective legal regimes and, which is very revolutionary in the development of international law of the sea is the recognition of the concept of island states in Chapter IV of UNCLOS 1982. The development of international maritime law sovereignty greatly influenced national maritime law policy, Indonesia poured the Juanda Declaration into the form of regulations, namely Law No. 4 / Prp / 1960 concerning Indonesian Waters also emphasizes economic factors and the need to preserve biological and non-biological natural resources. other laws and regulations that support the Indonesian water system Law No.4 / Prp / 1960. include Government Regulation No. 8/1962 (PP 8/1962) concerning the right of peaceful passage and Law no. 1/1973 (Law 1/1973) concerning the continental shelf. This forces foreign vessels to notify the Indonesian government of their presence. Border agreements with neighboring countries indirectly support the 'archipelagic state concept' proposed by Indonesia. This will strengthen the existence of the 'archipelagic state concept.
Political Reflection of Environmental Law Towards Regional Autonomy Law Products Holistic - Ecological Perspective Binov Handitya; Wafda Vivid Izziyana
Jurnal Justiciabelen Vol 6 No 1 (2023): Justiciabelen
Publisher : Universitas Muhammadiyah Gresik

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30587/justiciabelen.v6i1.6169

Abstract

The principle of implementing a broad and intact regional autonomy that is placed on districts and cities, then Environmental Affairs are affirmed as government affairs that must be implemented by districts and cities. From the above provisions there are three important findings related to environmental management policies. First, that the region has been given the right to manage the autonomy of Natural Resources in the region, both on land and in the sea. Second, to exercise the right to regulate and take care of their own local household affairs over these natural resources, various legal products can be issued as long as they do not conflict with higher legislation or public interests. Third, the right of management of natural resources given to the region as well as followed by the responsibility of the region to preserve the environment in accordance with legislation. This research method is juridical normative. This study was conducted by examining library materials, ranging from primary legal materials, secondary legal materials and tertiary legal materials. the results of the study explain a holistic-ecological regional autonomy law product requires some fundamental changes. First, the format of granting autonomy to regions must be clear and detailed without excluding the diversity, characteristics, and capabilities of each region. Second, the scope of authority is not only "control", but includes aspects from planning to law enforcement. Third, the laws and regulations above the regional regulation must also be clear, synchronous and harmonious between certain legal regimes and regional autonomy legal regimes, such as between environmental law, tax law (PDRD), and regional autonomy law. Fourth, policy integration in the preparation of local regulations also requires a planning legal instrument in the form of regional legislation programs (prolegda), through Prolegda that is really compiled comprehensively (not just a list of priorities Raperda without clear justification). Fifth, associated with the theory of environmental sovereignty (ecocracy), the regional autonomy policy as the implementation of the concept of democracy should not ignore the interests of Environmental Protection. The welfare to be achieved through regional autonomy policies must synergize the principles of ecological sustainability. The six academic manuscripts are the results of research or legal studies and other research results on a particular problem that can be scientifically accounted for regarding the regulation of the problem in a form of Bill or draft law