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Perlindungan Hukum Bagi Pemegang Saham Minoritas dalam Kasus Sengketa Perusahan Wahyudi Wahyudi; Muhammad Tauvic Annur; Nuri Safitri; Sakirah Sakirah
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.233

Abstract

Legal protection for minority shareholders in corporate disputes is a crucial aspect in maintaining the principles of fairness and balance in corporate governance. Minority shareholders are often in an unbalanced position due to the dominance of majority shareholders in strategic decision-making. This study aims to analyze the forms of legal protection available to minority shareholders in Indonesia and evaluate the effectiveness of their implementation. The research method used is normative juridical with a legislative approach, literature study, and case analysis. The results of the study show that there are two main forms of legal protection, namely preventive (through the right to information, the right to vote in the GMS, and the right to object) and repressive (through the right to sue, arbitration mechanism, and mediation). However, the effectiveness of this protection is still constrained by the dominance of majority shareholders, limited access to information, and low legal awareness among minority shareholders. The discussion in this article highlights the need to strengthen regulations, increase corporate transparency, legal education, and optimize non-litigation dispute resolution to create a fairer and more functional legal protection system for minority shareholders.
Law Enforcement Against Online Gambling Promoters in Indonesia Faisal Tanjung; Wahyudi Wahyudi; Listiyani Wulandari; Asri Rumalowak
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 2 (2025): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i2.251

Abstract

The development of technology is experiencing very rapid growth. One of them spreads to advertising activities where the advertising activities carried out become more effective and directed. However, these activities are also used by certain parties so that they become negative, such as online gambling advertising. Online gambling is also currently increasingly prevalent, one of which is caused by promoters who promote or advertise online gambling. The purpose of writing this scientific paper is to find out about law enforcement against online gambling promoters and the efforts of the Ministry of Communication and Information Technology (Kominfo) or which has now changed its nomenclature to the Ministry of Communication and Digital (Komdigi) in eradicating advertising content from online gambling. The methods used are historical approaches and legislative approaches. As a result of this writing, online gambling promoters are charged with article 27 paragraph 2 of Law Number 1 of 2024 and article 45 paragraph 3 of Law Number 1 of 2024 and the efforts of the Ministry of Communication and Information Technology (Kominfo) or which has now changed its nomenclature to the Ministry of Communication and Digital (Komdigi) in eradicating advertising content from online gambling have made their best efforts.
Pergeseran Konsep Perwalian Anak Dalam Perkembangan Hukum Keluarga Di Indonesia Wahyudi; Muhammad Husni Abdulah Pakarti; Diana Farid; Husain; Sofia Gussevi
An-Nisa: Journal of Islamic Family Law Vol. 1 No. 4 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v1i4.46

Abstract

Perwalian anak merupakan salah satu isu penting dalam hukum keluarga yang terus berkembang sesuai dengan dinamika sosial, budaya, dan hukum di Indonesia. Penelitian ini bertujuan untuk menganalisis pergeseran konsep perwalian anak dalam konteks hukum keluarga di Indonesia, dengan menyoroti pengaruh perubahan regulasi, perkembangan yurisprudensi, dan adaptasi terhadap norma-norma internasional. Metode penelitian yang digunakan adalah metode normatif dengan pendekatan perbandingan hukum serta analisis dokumen hukum seperti undang-undang, putusan pengadilan, dan konvensi internasional terkait perlindungan hak anak. Hasil penelitian menunjukkan bahwa konsep perwalian anak telah mengalami perubahan signifikan, terutama terkait dengan penekanan pada prinsip kepentingan terbaik bagi anak (the best interest of the child). Pergeseran ini terlihat dalam pengaturan hak perwalian yang lebih inklusif, mempertimbangkan hak dan kewajiban kedua orang tua pasca perceraian, serta memberikan ruang bagi intervensi negara dalam kondisi tertentu. Namun, implementasi perubahan ini menghadapi berbagai tantangan, termasuk kurangnya kesadaran hukum masyarakat dan kesenjangan antara norma hukum dan praktik di lapangan. Penelitian ini memberikan rekomendasi agar regulasi perwalian anak di Indonesia terus disempurnakan dengan mengadopsi pendekatan berbasis hak anak serta memperkuat peran lembaga terkait untuk memastikan pelaksanaan hukum yang adil dan efektif.
Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Tindak Pidana Persetubuhan Hendrawan Hendrawan; Wahyudi Wahyudi; Husain Husain
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 3 (2025): September
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i3.249

Abstract

In the legal system and child protection in Indonesia, legal protection efforts for children victims of sexual intercourse crimes are very important. The victim's child suffered such great physical, psychological, and social losses that it required a comprehensive and sustainable protection system. This paper examines the various forms of legal protection provided to child victims of sexual intercourse based on applicable laws and regulations and their application in the field. By examining Law Number 35 of 2014 concerning Child Protection, the Criminal Code (KUHP), and Law Number 17 of 2016 as the second amendment to the Child Protection Law which regulates criminal threats for perpetrators of sexual violence against minors, the author uses a normative juridical method. Various challenges, including weak law enforcement, lack of institutional coordination, and lack of victim recovery facilities, have led to legal protection for child victims not being fully ideal, according to the study. Although there has been a law in accordance with the rights of child victims, implementation in the field is still constrained by cultural and institutional barriers. Therefore, it is important to improve the capabilities of law enforcement officials, encourage institutional synergy, and adopt trauma-based healing strategies in the justice system. Effective legal protection guarantees the recovery and future of the victim's child in a holistic and dignified manner, not only by punishing the perpetrator but also by.
SOSIALISASI MEKANISME PENETAPAN AHLI WARIS SECARA ISLAM DI KECAMATAN PADALARANG KABUPATEN BANDUNG BARAT Wahyudi Wahyudi
JURNAL PENGABDIAN KEPADA MASYARAKAT (ADI DHARMA) Vol 3 No 2 (2025): JURNAL PENGABDIAN KEPADA MASYARAKAT (ADI DHARMA)
Publisher : ABISATYA DINAMIKA ISWARA PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58268/adidharma.v3i2.170

Abstract

The public's understanding of Islamic inheritance law is still low and often causes conflicts in the distribution of inheritance. To overcome these problems, the socialization of the mechanism for determining heirs in Islam is carried out which aims to increase public knowledge and awareness of the importance of implementing sharia inheritance law. This activity was carried out by a service team from the Indonesian Computer University involving one resource person from the Law Study Program. The implementation method includes lectures, group discussions, case studies, and evaluation using pre-test and post-test questionnaires. The results of the evaluation showed an increase in participants' understanding, with an average pre-test score of 4.5 to 8.3 in the post-test. The enthusiasm of the participants was very high and many expected regular follow-up programs. This activity has a positive impact in helping the community understand the mechanism for determining heirs and resolve disputes peacefully in accordance with sharia.
Child Marriage in Malaysia and Indonesia in Legal Anthropology Perspective: Between Local Traditions and Islamic Legal Regulation Wahyudi Wahyudi; Muhammad Husni Abdulah Pakarti; Oyo Sunaryo Mukhlas; Beni Ahmad Saebeni; Mohd Radhuan Arif Zakaria
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 1 (2026): Januari
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i1.105

Abstract

Child marriage remains a crucial issue in Indonesia and Malaysia even though both countries have laws restricting it. This study aims to analyze the dynamics of child marriage in the perspective of legal anthropology, focusing on the interaction between local traditions and Islamic legal regulations. Through a qualitative approach and literature study, this study found that the root of the problem of child marriage lies not only in economic and educational factors, but also in the strong influence of old-fashioned social, cultural, and religious norms that are often dialectic with formal law. In Indonesia, the existence of Law No. 16 of 2019 has not been fully effective due to the high number of marriage dispensation applications and the strong practice of elopement such as merariq. In Malaysia, state autonomy in Islamic family law creates regulatory variations and complexities in handling child marriage. This study concludes that a holistic approach through strengthening the role of religious courts, economic empowerment, inclusive education, and campaigns involving religious and customary leaders are key in breaking the chain of child marriage.
PROBLEMATIKA PENEGAKAN HUKUM LINGKUNGAN DALAM PENGELOLAAN FOOD WASTE PROGRAM MAKAN BERGIZI GRATIS (MBG) Rainada Della Indira Bhakti; Wahyudi
NAAFI: JURNAL ILMIAH MAHASISWA Vol. 2 No. 2 (2026): NAAFI: Jurnal Ilmiah Mahasiswa
Publisher : Pusat Penelitian dan Pengabdian (P3M) STKIP Majenang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62387/naafi.v2i2.392

Abstract

The Free Nutritious Meals Program (MBG) is one of the government's strategic policies aimed at improving the nutritional status and quality of Indonesia's human resources, especially for school-age children. However, the implementation of this program on a national scale also has an environmental impact in the form of increased food waste, which has the potential to cause pollution if not managed properly. This study aims to examine the problems of environmental law enforcement in food waste management in the MBG Program. The method used is normative legal research with a legislative and conceptual approach, through analysis of legislation and environmental law principles. The results of the study show that food waste management in the MBG Program is not yet supported by clear and comprehensive technical regulations, and environmental law enforcement has not been optimal due to weak regulations, unclear division of authority, and low awareness and capacity of program implementers. In addition, the application of the principles of sustainable development, precautionary principle, and polluter pays principle has not been fully implemented in the program. Therefore, it is necessary to strengthen regulations, improve inter-agency coordination, and increase the capacity of implementers to ensure sustainable food waste management. KEYWORDS: Free Nutritious Meal Program, Food Waste, Environmental Law, Law Enforcement
Hybrid Sharia Contracts in Islamic Banking: Legal Validity and Sharia Compliance in Indonesian Religious Court Judgments Zeis Zultaqawa; Joni Harianto; Yaumi Sidik Ginanjar; Mohamad Donie Aulia; Wahyudi Wahyudi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.33

Abstract

The rapid growth of Islamic banking in Indonesia has encouraged financial product innovation, particularly through the application of hybrid sharia contracts that combine two or more contracts within a single transaction structure. Although such contracts are normatively recognized in fiqh muamalah and explicitly permitted under fatwas issued by the National Sharia Council of the Indonesian Ulama Council (DSN-MUI), judicial practice reveals inconsistent assessments regarding their legal validity. This study aims to examine the legal validity of hybrid sharia contracts from the perspective of Religious Court decisions and to analyze the juridical implications of sharia non-compliance in hybrid contractual arrangements. Employing a normative juridical method with a descriptive-analytical approach, this research analyzes primary legal materials in the form of Religious Court judgments, alongside secondary legal sources including legislation, scholarly works, and DSN-MUI fatwas, using qualitative legal analysis. The findings indicate that hybrid sharia contracts are legally valid in principle, provided that they fulfill the essential elements and conditions of contracts, avoid prohibited elements such as riba, gharar, and maisir, and are implemented in strict accordance with DSN-MUI fatwas. However, Religious Court decisions demonstrate that ambiguity in the classification and sequencing of contracts, imbalanced risk allocation that departs from profit-and-loss sharing principles, and deviations from DSN-MUI fatwas result in hybrid contracts being deemed defective or invalid both sharia-wise and legally binding. These deficiencies not only undermine the juridical validity of contracts but also pose risks to public trust and confidence in Islamic banking institutions. Accordingly, DSN-MUI fatwas function as a crucial source of substantive law and serve as the primary benchmark for Religious Court judges in assessing the legality and sharia compliance of hybrid sharia contracts.
Perlindungan Hukum Terhadap Hak Anak Angkat Berdasarkan Hukum Positif Di Indonesia Wahyudi; Ahmad Syarifudin Juang; Usep Saepullah; Muhammad Husni Abdulah Pakarti
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 2 (2024): Agustus
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/xy250n34

Abstract

This research was conducted with the aim of knowing the rights of adopted children and the protection of their rights in Indonesia. Child protection concerning various aspects of life and livelihood has been regulated in laws and regulations. In the practice of adopting children in Indonesia, there are still various ways, namely the adoption of children in a customary manner that adheres to Islamic teachings and legally through an application to the court. In fact, there are still many adoptions of children in a traditional manner so that the protection of their rights is not guaranteed. The method used in this study uses a normative juridical research method where legislation, books, journals and other sources that are considered relevant to the problem to be studied become the basis for research, and descriptive analysis is carried out by describing the facts. existing facts with normative juridical legal materials. The results obtained in this study indicate that the position of an adopted child in Islam does not sever the blood relationship between an adopted child and his biological parents, in contrast to civil law an adopted child is sever his relationship with his biological parents, in customary law the position of an adopted child depends on the jurisdiction, because some traditional areas in Indonesia differ in determining the position of adopted children. The protection of adopted children has the same position as children in general with the following protections, protection in the field of religion, protection in the field of education, protection in the health sector, protection in the social sector.
Tanggungjawab Hukum Institusi Rehabilitasi Medis Bagi Penyalahguna Narkoba Wahyudi; Mohamad Riyad Mintarja; Nuryamin; Diana Farid; Muhammad Husni Abdulah Pakarti; Ais Surasa
al-Battar: Jurnal Pamungkas Hukum Vol. 1 No. 3 (2024): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/5ez93a65

Abstract

This research aims to measure the effectiveness of medical rehabilitation services provided by mandatory reporting institutions. Medical rehabilitation for drug addicts and substance abusers is a comprehensive effort aimed at freeing individuals involved in drug abuse from addiction. This rehabilitation can be carried out in healthcare facilities recognized and selected by the Ministry of Health, including Government and private healthcare facilities in collaboration with the government in providing drug rehabilitation services. Medical rehabilitation services play a crucial role in helping individuals who have committed legal violations reintegrate into society. This study adopts a qualitative research approach by implementing in-depth interviews with medical staff, rehabilitation participants, and institution supervisors. The research findings indicate that the effectiveness of medical rehabilitation services is significantly influenced by factors such as the competence of medical staff, the organized rehabilitation programs, support from various relevant parties, and hindering factors. The provision of medical rehabilitation services for drug addicts and substance abusers is regulated by the Minister of Health Regulation Number 4 of 2020 concerning the Implementation of Mandatory Reporting Institution, where Standard Operating Procedures have been well-established and defined to operate efficiently and optimally of medical rehabilitation services provided by Mandatory Reporting Institutions.