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PEREMPUAN DAN POLITIK: MEMBANGUN KESADARAN HUKUM PEMILIH PEREMPUAN DALAM PENGGUNAAN HAK SUARA MENJELANG PEMILU 2024 Harun, Rina Rohayu; Erwin, Yulias; Septyanun, Nurjannah; Supryadi, Ady; Yamin, Bahri; Fahrurrozi, Fahrurrozi; Yuliani, Tin
JCES (Journal of Character Education Society) Vol 6, No 2 (2023): April
Publisher : Universitas Muhammadiyah Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31764/jces.v6i2.14601

Abstract

Abstrak : Pesta demokrasi yang kita kenal dengan Pemilihan Umum (Pemilu) di negera kita, diselenggarakan setiap 5 (lima) tahun sekali. Fenomena yang terjadi saat ini, masih banyak pemilih khususnya perempuan, yang apatis dalam penggunaan hak suaranya. Oleh karena itu tujuan kegiatan ini adalah, memberikan pemahaman kepada pemilih perempuan, pada anggota Yayasan Perempuan Berdaya Lombok NTB. Kegiatan ini telah diikuti oleh oleh anggota Yayasan sebanyak 25 orang. Tahap awal dari kegiatan ini, masyarakat perempuan diberikan trik dalam mengkualifikasikan calon yang layak untuk dipilih, tahap akhir sesi diskusi dan evaluasi dengan menggunakan angket manual. Hasil kegiatan menunjukkan 80% peserta memahami materi yang sampaikan. Harapan dengan adanya materi, diskusi dan informasi yang diperoleh oleh pemilih perempuan dari kegiatan ini, dapat diaplikasikan untuk pemilu 2024 dan seterusnya. Abstract: Tuli The democratic party that we know as general elections (elections) in our country is held every 5 (five) years. Elections require the support of all parties, including voters because what determines the elected candidates is the people's vote/suffrage from members of the public. The current phenomenon is that there are still many voters, especially women, who are apathetic about exercising their voting rights. Therefore the purpose of this activity is to provide understanding to women voters, and members of the Empowered Women's Foundation in Lombok, NTB. This activity was attended by 25 members of the Foundation. In the early stages of this activity, women's communities were given tricks in qualifying candidates who were eligible to be elected, based on aspects of piety, integrity, track record of caring and contribution (not just material things, but also ideas and enthusiasm to build the community). The results of the activity show that women voters in Perampuan Village are still apathetic in exercising their voting rights. It is hoped that the material and information obtained by female voters from this activity, it can shift the mindset of female voters, regarding the importance of women's voices in the upcoming 2024 election.
LEGAL REASONING OF THE JUDGE'S DECISION REGARDING GOVERNMENT PROCUREMENT CONTRACT GUARANTEE CLAIM A Malik, Djamil; Erwin, Yulias; Nurjannah Septyanun
Awang Long Law Review Vol. 6 No. 1 (2023): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v6i1.966

Abstract

The decision is a written legal text made by an authorized judge, and its legal product is categorized as a crown. However, despite being considered a crown, a judge's decision is not exempt from examination by legal scholars. The optics used in the examination process are based on various perspectives, including hermeneutics as the fundamental basis for interpreting the text (decision). Substantively, hermeneutics has three main streams of thought, namely as a theoretical (methodological), philosophical, and critical hermeneutics, each with different understandings. Hermeneutics as a method focuses more on the effort to capture and reveal the meaning of the text, while philosophical hermeneutics goes beyond that and emphasizes "capturing meaningful meaning," implying that the meaning of the text can be continuously produced through a dialectical process. On the other hand, critical hermeneutics focuses on the aspect of disclosing the meaning of the author's ideological interests. This research aims to examine the legal reasoning in Decision No. 272 / PDT.G / 2017 / PN.BDG regarding the Government Procurement Contract Guarantee Claim from the perspective of Hans Georg Gadamer's Hermeneutic Circle. The research type is normative doctrinal, using secondary data sources consisting of primary, secondary, and tertiary legal materials with a conceptual approach, statutory approach, and case study. The research findings suggest that the process of claiming a bank guarantee through the judicial institution can be carried out by the Procurement Committee (PPK) as long as they obtain authorization from the Budget User, who is the owner of the work (bouwheer). This is due to the hybrid nature of government procurement contracts, which distinguishes them from private contracts, and the clarity of the scope of authority of the Budget User serves as the establishment of formal justice, acting as a bridge (epistemology) toward substantive justice.
REVIEW OF DECISIONS IN DEFAULT CASES COMPANIES AGAINST WORKERS IN THE PERSPECTIVE OF THE AUTHORITY TO ADJUDICATE DISTRICT COURTS AND INDUSTRIAL RELATIONS DISPUTES Usmandani, Hani; Septyanun, Nurjannah; Erwin, Yulias
Jurnal Ilmiah Advokasi Vol 12, No 2 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i2.5300

Abstract

The subject matter of this study is related to the legal relationship between the Company and workers in the decision of the Company's default case against workers and the application of the authority to adjudicate in the decision of a quo case. This research is qualitative research with normative (doctrinal) research type. Using the Legislation approach, conceptual approach, and case approach. Data collection techniques through literature studies, as well as analytical descriptive analysis and deductive methods. The results of the research on the legal relationship between the Company and Workers are based on the Collective Labor Agreement stipulated in Law Number 13 of 2003 concerning Manpower Jo. Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law and the authority to adjudicate cases of default of the Company against Workers is the authority of the Industrial Relations Court. The District Court does not accept a quo lawsuit because a default dispute is a dispute of rights as referred to in Article 1 point 2 of Law Number 2 of 2004 concerning the Settlement of Industrial Relations Disputes.    Keywords: Authority; Judge; Worker; Dispute; default
Implementation of Qiyas Dalil in Istinbath Contemporary Muamalah Law Yani, Sirajul; Septyanun, Nurjannah; Halim, Andy Fahmi
Journal of Transcendental Law Vol. 6 No. 2 (2024): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v6i2.8058

Abstract

Qiyas is one of the methods of ruling in Islam that is used to determine the rulings of contemporary cases that do not have a direct text from the Qur'an and Sunnah. There are many contemporary cases that require a qiyas approach in determining the law. Therefore, this research is important to do in order to fill the void. This research is a descriptive qualitative research with a literature study approach. This approach is used to analyze the application of qiyas in contemporary muamalat based on the opinions of classical and contemporary scholars, as well as studies from fatwas of sharia institutions. This data is taken from various sources of literature relevant to the topic of qiyas, such as books of ushul fiqh, the views of fuqaha, and fatwas issued by sharia institutions, such as AAOIFI and Majma' Fiqh Islami. The stages of research are the stages of collecting literature data (library research), data validation, through triangulation. The next stage of data analysis and interpretations and the preparation of conclusions by systematically examining the application of qiyas in contemporary muamalat is carried out using qualitative descriptive analysis methods. The result of the study is that qiyas is defined as the similarity of the branch to the origin in terms of legal illat. The urgency of qiyas in contemporary muamalat law is crucial, especially due to the limitations of nash and ijma. Qiyas plays an important role in providing sharia legal certainty for various cases that continue to develop. The views of classical and contemporary scholars on the importance of qiyas in determining Islamic law, as well as several related fatwas issued by world fatwa institutions, are the basis for determining (istinbath) the law. With qiyas, Islamic law remains relevant to be applied in modern economic transactions. The application of qiyas in various contexts of contemporary muamalat, such as the qiyas of currency with dinars and dirhams, the validity of cash waqf with qiyas against weapons of war, as well as the validity of service lease transactions and qiyas on salam contracts. The application of qiyas leads to the determination of certain laws and leads to legal certainty regarding the contemporary issue in question.
FULFILLMENT OF THE RIGHTS AND LEGAL REMEDIES OF FOREIGN WORKERS WITH CONTRACT STATUS WHICH ARE CARRIED OUT OF TERMINATION OF EMPLOYMENT JUSTICE PERSPECTIVE Selamat, Selamat; Septyanun, Nurjannnah; Erwin, Yulias
Jurnal Ilmiah Advokasi Vol 13, No 1 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i1.5962

Abstract

Foreign workers in Indonesia have skills in the transfer of knowledge or know-how. In practice, foreign workers often have problems, such as layoff disputes. This research is a normative research, with a Law approach and a Case Approach. The legal materials used are primary, secondary, and tertiary, along with the literature data collection. Data analysis is descriptive and analytical with a qualitative approach. The research results are, first, that the legal protection of the rights of foreign workers who are unilaterally laid off has been regulated in Article 62 and Article 156 of Law Number 13 of 2003 concerning Manpower and strengthened by Government Regulation Number 35 of 2021. The rights obtained by the laid-off TKA are in the form of Severance Pay, Service Period Award Money, and Rights Replacement Money. However, not all of these rights can be obtained. Second, legal remedies can be taken by workers who are laid off due to the employer's failure to fulfil their rights through litigation and non-litigation settlement efforts and in the case of TKA, based on decision Number 12/Pdt.Sus-PHI/2021/PNMtr, the rights of TKA granted by the judge are basic salary from March to September 2020, with a calculation: Rp.21,750,00.00 x 7 = Rp. 152,000,000.00. It was not granted regarding severance pay based on legal reasoning; the judge's decision still referred to the positivistic legal aspect. Keywords : Employment Rights; Foreign-Employment Force; Court-Industrial-Relations Decisions
Formulation of Joint Property Agreement: Civil Code, Balinese Customary Law, and Transcendental Justice Gunanta, I Gede; Erwin, Yulias; Septyanun, Nurjannah
Journal of Transcendental Law Vol. 7 No. 1 (2025): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v7i1.11327

Abstract

The issue of joint property agreements in marriage is an important issue in family law, especially when divorce occurs. In the context of Indonesia's positive law, the regulation of common property normatively refers to the Civil Code (KUHPercivil), especially Articles 119 to 128. However, in practice in indigenous peoples, especially Balinese people who adhere to Balinese Hindu Customary Law, the arrangement and understanding of common property has different values, norms, and structures, which are often not fully recognized in the national legal system. This normative gap raises conceptual issues regarding the recognition and legal protection of joint property agreements in two different legal systems. This research uses a normative legal approach, with legal sources coming from legislation, judges' decisions. Furthermore, legal materials are analyzed using interpretive descriptive and analytical descriptive. The results of the study show that the common property agreement must not only fulfill the elements of the validity of the agreement in a positive legal manner, but must also reflect the values of justice that live in society, especially transcendental justice, which is justice that comes from religious and spiritual values that are upheld in Balinese Hindu customs. So that the ideal formulation of the concept of a common property agreement is to integrate the normative elements of the Civil Code with Balinese Hindu customary law practices. The binding power of mutual price agreements in the context of juridical and transcendental justice, becomes a form of reconstruction of family law that recognizes the plurality of laws and places substantive and spiritual values of justice as the basis for binding agreements, without ignoring the principles of legality and formal legal validity
JURIDICAL IMPLICATIONS OF THE UTILIZATION OF COASTAL BOUNDARIES BY TOURISM ENTREPRENEURS IN TANJUNG BIAS WEST LOMBOK Sahlan, Sahlan; Erwin, Yulias; Septyanun, Nurjannah
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.7571

Abstract

This study aims to find out and analyse the use and impact of beach areas that are not in accordance with laws and regulations as tourism support. The methods used in this study are normative and empirical legal methods with legislative, conceptual, case, and sociological approaches. The results of this research show that the act of privatization and the use of beach areas in West Lombok, especially in Tanjung Bias Beach, where culinary entrepreneurs in the form of cafes, restaurants and hotels tend to have an impact that results in a decrease in the function of coastal boundaries, which is characterized by the narrowing and pollution of the beach. This is certainly contrary to Regional Regulation Number 11 of 2011 concerning the Regional Spatial Plan of West Lombok Regency, that the spatial pattern plan has been determined as a tourism strategic area and an economic strategic area. Keywords: Juridical implications; Coastal Borders; Utilization, Tourism
Interpreting Marital Property and Inheritance Rights in Mixed Marriages: A Normative-Transcendental Approach Hadi, Alpan; Erwin, Yulias; Septyanun, Nurjannah; Jiwantara, Firzhal Arzhi
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.207

Abstract

Intermarriages between Indonesian citizens and foreign nationals are becoming increasingly prevalent in Indonesia's tourist regions, along with the rise of global social and cultural connections. Despite the legal recognition and protection of mixed marriages by Law Number 1 of 1974 regarding Marriage and Law Number 12 of 2006 concerning Citizenship, their execution presents numerous legal challenges, particularly concerning citizenship status, shared property ownership, and inheritance rights. This research employs a normative legal methodology, utilizing literature review as the primary technique, and analyzes Supreme Court Decision No: XXX/Pdt.G/2020/PA.Bdg as a case study. The investigation examined pertinent legal norms, jurisprudence, and relevant legal doctrines by employing a transcendental legal method to comprehend the moral and spiritual principles underpinning these legal frameworks. The study's findings indicate that the national legal system has not adequately addressed the complexities of mixed marriages characterized by divergent legal systems and cultural origins. Restrictions on land ownership by foreign nationals present issues in mixed marriage situations about joint property. Similarly, the disparities in inheritance law systems across civil law, customary law, Islamic law, and foreign frameworks impede equitable arrangements. The transcendental legal approach provides a more inclusive and equitable perspective by grounding legal interpretation in spiritual values. This study advocates for regulatory revisions and the enhancement of international legal frameworks to achieve adaptive and compassionate legal protection that aligns with substantive justice in mixed marriages.
Authority of the Mataram City Regional Supervisory Council to Examine Notaries Based on Permenkumham Number 15 of 2020 Baiq Silvia Yustiari; Siti Hasanah; Firzhal Arzhi Jiwantara; Nurjannah Septyanun
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 3: July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.8062

Abstract

This study aims to analyze the regulation and implementation of the authority of the Mataram city notary supervisory council on notary examinations based on the Minister of Law and Human Rights Regulation number 15 of 2020. Normative-empirical research with legislative, conceptual and sociological approaches in qualitative descriptive analysis, the data used are primary, secondary and literature research materials and field research. Concluded; First, the authority of the notary supervisory council in Mataram City is guidance for preventive measures and supervision of repressive actions. Second, the obstacles in carrying out notary supervision in Mataram City are; The legal factor needs to be added to the content material that regulates administrative sanctions, both in the form of verbal reprimands, written reprimands and dismissals for members and the content of the authority to determine sanctions by the Notary MPD. Meanwhile, law enforcement factors need to reschedule the schedule during the Notary examination so that all the objectives can be present so that the examination is maximized, and the role of the NTB Notary MPW to provide education and training, FGD and socialization of regulations so as to provide the same understanding in the Notary examination in Mataram City.
Rights Fulfillment of Children From Mixed Marriages to Obtain Indonesian Citizenship Based on Law Number 12 of 2006 Kukoh Iqbal; Siti Hasanah; Firzhal Arzhi Jiwantara; Nurjannah Septyanun
International Journal of Health, Economics, and Social Sciences (IJHESS) Vol. 7 No. 3: July 2025
Publisher : Universitas Muhammadiyah Palu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56338/ijhess.v7i4.8160

Abstract

This research aims to analyze the regulation and implementation of fulfilling the rights of children from mixed marriages to obtain Indonesian citizenship based on Law Number 12 of 2006. Normative-empirical research with legislative, conceptual and sociological approaches in qualitative descriptive analysis. Data used are primary, secondary and literature research materials and field research. The conclusions are; First, Law Number 12 of 2006 grants limited dual citizenship status to children born from mixed marriages after its enactment on August 1, 2006. However, to ensure legal certainty, children born from mixed marriages before the law was enacted are required to register themselves. Second, the terminology 'child with dual citizenship' in the Law implies that if another country, based on its regulations, recognizes a child from a mixed marriage as its citizen, then they fall under this category. Meanwhile, there isn't any country that explicitly, based on its provisions, does not recognize children from mixed marriages as its citizens. Third, the process of fulfilling the citizenship rights of children born from mixed marriages is burdened upon the individual concerned. Consequently, any negligence in administrative processes, requirements, and procedures can lead to the loss of Indonesian citizenship. Fourth, the implications of losing Indonesian citizenship for children from mixed marriages can have legal and sociological impacts.