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Examining the Provision of Legal and Religious Education to Islamic Families to Safeguard the Rights and Well-Being of Women and Children: A Case Study Conducted in Malang Regency, East Java Harry, Musleh; Saifullah, Saifullah; Jundiani, Jundiani; Fajarani, Meisy
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 8, No 3 (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.v8i3.19566

Abstract

To this present day, violence against women and children remains prevalent and shows an upward trend over the years. This phenomenon is attributed to a multitude of variables, encompassing both domestic and societal influences. The primary objective of this study is to determine the necessity of legal and religious education inside the family. In addition, it aims to investigate the consequences and potential remedies for the absence of such education in familial settings. This study employs an empirical legal methodology that combines an approach to legislation with the Islamic law. The data was collected through interviews conducted in the city of Malang, East Java and reviews of literature. The study highlights the crucial need for legal and religious education within families due to the persistently high levels of crime. The protection of women in the Islamic law extends from their pre-marital stage through marriage and even after divorce from their spouses. These rights encompass the entitlement to inherit from their parents, access to education, the right to receive love and care when they start a family, provision of bodily and spiritual nourishment, clothing, and a home or place of abode provided by their husbands. Upon divorce, a woman is entitled to receive sustenance, iddah, pastau, mut'ah, and acceptable clothing from her former spouse. Child protection in the Islamic law can be ensured by the provision of nasab (self-identity), radha` (breastfeeding), hadhanah (care and maintenance), walayah (guardianship), and nafaqah (supply of sustenance). The protection of women and children is implemented by proactive measures, such as pre-marital advising and family counseling. Repressive measures, such as issuing threats to abusers, and providing guidance and counseling to victims of violence, are also employed. Proper implementation of women's and children's rights will occur when legal and religious education is conducted within the home environment.
Local Wisdom-Based Water Resources Conservation: Enhancing Local Wisdom in Society 5.0 Aspan, Zulkifli; Widodo, Ernu; Jurdi, Fajlurrahman; Jundiani, Jundiani
Hasanuddin Law Review VOLUME 9 ISSUE 2, AUGUST 2023
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v9i2.4298

Abstract

Local wisdom as capital for sustainable water resource conservation is becoming increasingly important in the era of Society 5.0. It is characterized by technological transformation and extensive interconnection. In this context, implementing local wisdom values in the conservation of water resources is a significant challenge. This paper discusses the challenges faced in conserving sustainable local wisdom-based water resources in the era of Society 5.0, such as cultural and technological changes. This paper also examines legal regulations in water resource conservation based on local wisdom, such as how laws regulate water use and budget arrangements for water resource conservation. The method used is a literature study of several legal materials using concept and statutory approaches, then analyzed to answer the problems studied. The results show that it is necessary to strengthen the recognition and protection of local wisdom through the preparation or revision of laws and regulations that recognize the values of local wisdom in the conservation of water resources, a collaboration between stakeholders to build citizen communication and consultation; and regulatory adjustments to support the conservation of water resources in the era of society 5.0.
Urban Green Space Regulation: Challenges to Water Resources Conservation in Indonesia and Australia Jundiani, Jundiani; Fadli, Moh.; Qurbani, Indah Dwi; Kurniaty, Rika; Hulwanullah, Hikam
Journal of Human Rights, Culture and Legal System Vol. 4 No. 1 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i1.128

Abstract

The escalating environmental crisis and pressing water resource conservation issues globally necessitate comprehensive research. This study investigates urban green space regulations and water resource conservation challenges in Indonesia and Australia. Employing a comparative analysis, it examines the legal frameworks, policies, and implementations in both countries. The research aims to identify innovative and sustainable strategies for water resource protection. Findings reveal substantial disparities in regulatory approaches, public involvement, and the integration of green technologies in green space management between the two nations. Indonesia needs help enhancing institutional capacity and integrating green space policies into urban planning, while Australia focuses on climate change adaptation and sustainable water resource management. The study advocates cross-sectoral collaboration and ecosystem principles in green space regulations for practical water conservation objectives. It contributes fresh perspectives on legal and policy frameworks for addressing water resource conservation challenges through urban green space management, offering recommendations for cohesive and sustainable policy development.
Higher Education with Disabilities Policy: Ensuring Equality Inclusive Education in Indonesia, Singapore and United States Wardani Amnesti, Sheila Kusuma; Jundiani, Jundiani; Zulaichah, Siti; Mohd Noh, Mohd Shahid; Fitriyah, Lailatul
Journal of Human Rights, Culture and Legal System Vol. 3 No. 3 (2023): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v3i3.135

Abstract

There are still relatively few people with disabilities who complete their education up to the university level in Indonesia. In contrast, Singapore and the United States are known for their high levels of innovation, especially in promoting equality in education. Three countries—Indonesia, Singapore, and the United States—share a common commitment to realizing the protection of disability rights. This research employs normative legal research methods, utilizing both statutory and comparative approaches. The findings of this study reveal that Singapore's universities have the highest percentage of disability-friendly institutions, with approximately 60% of colleges maintaining specialized Disability Services units. In the United States, only 4.7% of colleges offer Disability Services, while in Indonesia, the figure stands at 1.48%. Substantial, structural, and cultural challenges persist in all three countries when it comes to fulfilling the right to education, particularly concerning funding policies. Each nation needs to cultivate a culture of anti-discrimination in disability education. Notably, Indonesia has yet to implement an inclusive curriculum in higher education. This paper holds significant importance in the context of improving educational services for individuals with disabilities, ultimately contributing to the realization of equality in the education system.
Presidential Threshold in The Election of The President and Vice President from A Constitution and Human Rights Perspective Sukadi, Imam; Jundiani, Jundiani; Bachri, Syabbul; Sinal, Mohamad; As-Suvi, Ahmad Qiram
Mimbar Keadilan Vol 17 No 2 (2024): Agustus 2024
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v17i2.10320

Abstract

Art 222 Law Number 7 year 2017 concerning General Elections, regulates the provisions of the threshold where the acquisition of seats in the DPR must be 20 percent or obtain valid votes nationally as much as 25 percent then political parties can nominate and nominate pairs of presidential and vice-presidential candidates. Setting the Presidential Threshold in the election of President and Vice President in Indonesia from a constitutional and human rights perspective brings its own problems in the Indonesian constitutional system. The Presidential Threshold system does give rise to privileges for certain parties. This is because only parties that meet the threshold can compete directly in the presidential election. It is for this reason that the privileges of these major parties have given birth to political cartels. What is bad for democracy is that it eliminates equal competition for all potential candidates to contest the Presidential election. The Presidential Threshold is not justified in eliminating or emasculating the meaning of democracy which provides rights and freedoms for citizens. Among the constitutional rights include the right to vote, the right to nominate (the right to be a candidate), and the right to nominate candidates, these are rights guaranteed by the 1945 Constitution of the Republic of Indonesia which everything is reduced because of this Presidential Threshold provision.
INTEGRASI ANALISIS HUKUM DALAM PEMBENTUKAN PERATURAN UNTUK MEWUJUDKAN GOOD GOVERNANCE Hastuti, Noor Tri; Jundiani, Jundiani; Tungga, Benyamin; Sariono, Joko Nur
Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional Vol 13, No 3 (2024): Peran Analisis dan Evaluasi Hukum Dalam Mewujudkan Produk dan Kepatuhan Hukum Y
Publisher : Badan Pembinaan Hukum Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/rechtsvinding.v13i3.1943

Abstract

Pembentukan peraturan perundang-undangan yang efektif dan responsif merupakan elemen mendasar dalam mewujudkan good governance. Namun, praktik legislasi di Indonesia sering kali menghadapi tantangan berupa tumpang tindih regulasi, ketidakpastian hukum, dan kurangnya partisipasi publik. Penelitian ini bertujuan untuk menganalisis peran analisis hukum sebagai pendekatan konseptual, perundang-undangan, dan komparatif dalam memperbaiki proses legislasi. Dengan menggunakan metode penelitian hukum normatif, penelitian ini mengevaluasi relevansi integrasi analisis hukum dalam setiap tahapan pembentukan peraturan, mulai dari perencanaan hingga implementasi. Hasil penelitian menunjukkan bahwa pendekatan analisis hukum tidak hanya mampu mengidentifikasi celah dalam substansi hukum tetapi juga meningkatkan auntabilitas dan transparansi proses legislasi. Studi komparatif dengan negara-negara yang telah berhasil menerapkan prinsip good governance dalam legislasi, seperti Jerman dan Belanda, mengungkapkan pentingnya mekanisme evaluasi hukum yang sistematis. Selain itu, dalam konteks Indonesia, penyelarasan antara peraturan pusat dan daerah menjadi urgensi untuk memastikan harmonisasi hukum yang mendukung tujuan pembangunan nasional. Penelitian ini menawarkan rekomendasi strategis untuk memperkuat integrasi analisis hukum sebagai instrumen utama dalam reformasi legislasi, sehingga dapat menciptakan kerangka hukum yang lebih adaptif dan berkeadilan. The formation of effective and responsive laws and regulations is a fundamental element in realizing good governance. However, legislative practice in Indonesia often faces challenges in the form of overlapping regulations, legal uncertainty and lack of public participation. This research aims to analyze the role of legal analysis as a conceptual, legislative and comparative approach in improving the legislative process. Using normative legal research methods, this research evaluates the relevance of integrating legal analysis in every stage of regulatory formation, from planning to implementation. The research results show that the legal analysis approach is not only able to identify gaps in legal substance but also increases the accountability and transparency of the legislative process. Comparative studies with countries that have successfully implemented good governance principles in legislation, such as Germany and the Netherlands, reveal the importance of systematic legal evaluation mechanisms. In addition, in the Indonesian context, harmonization between central and regional regulations is an urgency to ensure legal harmonization that supports national development goals. This research offers strategic recommendations to strengthen the integration of legal analysis as the main instrument in legislative reform, so as to create a more adaptive and just legal framework.
The Paradigm of Water Justice in Water Resources Law and the Role of Family in the Sustainable Development Goals Framework: A Study in Malang Raya Jundiani, Jundiani; Fadli, Moh; Dwi Qurbani, Indah; Kurniaty, Rika; Zuhriah, Erfaniah
El-Usrah: Jurnal Hukum Keluarga Vol. 8 No. 1 (2025): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/06zthp22

Abstract

The paradigm of water justice in water resources law is crucial in realizing fair and sustainable access for the community. This study highlights the problems of inequality in water distribution due to privatization and the implementation of policies that have not fully supported vulnerable communities. This study focuses on the regulation of water resources law in Indonesia, especially Law No. 17 of 2019, and the contribution of families in supporting the principle of water justice within the framework of the Sustainable Development Goals (SDGs). The main questions answered in this study include how current regulations regulate water distribution and access, how effective they are in implementation in Malang Raya, and the role of families in supporting sustainable water management. This type of research is empirical juridical with a sociological juridical approach and an empirical legal approach. Data were obtained through legal document studies, interviews with stakeholders, and direct observation of water consumption and management patterns in local communities. The results show that although national regulations have established water as a public right, its implementation still faces challenges, including an imbalance of access between urban and rural areas, industrial dominance in the use of water resources, and weak community participation in policy processes. The study also found that families have a strategic role to play in educating household members about water conservation and driving more inclusive local policies. This study recommends increasing the role of families in water management policies through community-based environmental education and awareness programs, as well as strengthening regulations to ensure a more equitable distribution of water. Thus, the implementation of the principle of water justice in water resources law can be more effective in supporting the achievement of SDG 6.