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All Journal DE JURE Dimas: Jurnal Pemikiran Agama untuk Pemberdayaan Justitia Kodifikasia: Jurnal Penelitian Islam Musawa : Jurnal Studi Gender dan Islam SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam Tawazun: Journal of Sharia Economic Law MUWAZAH: Jurnal Kajian Gender Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi Al-Bayyinah
Layyin Mahfiana
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Media Sebagai Pelestari Budaya Patriarkhi Mahfiana, Layyin
Musawa Jurnal Studi Gender dan Islam Vol. 5 No. 4 (2007)
Publisher : Sunan Kalijaga State Islamic University & The Asia Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/musawa.2007.54.483-495

Abstract

There are two main arguments advanced in this article. Firstly, regarding the image of women perpetuated lry mass media, and secondly why media is not showing gender sensitivity when developing women images. In general mass media portray women in one amongst these five images: women image as a frame, as a column, as an available 'bed', as a saucer and an image of friendship. These images are developed and became popular within a patriarchal culture because men define women as such, and women have no power to disagree. The author proposes that today's women readers must apply more critical view in reading and analyzing the content of mass media, especially with regard to women's images.
Quo Vadis Constitutional Complaint in Indonesia: Authority and Discretion of Constitutional Judges/Quo Vadis Constitusional Complaint di Indonesia: Antara Kewenangan dan Diskresi Hakim Konstitusi Mahfiana, Layyin; Lisma, Lisma
De Jure: Jurnal Hukum dan Syari'ah Vol 13, No 1 (2021)
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v13i1.11574

Abstract

AbstractThe guarantee of citizens' constitutional rights is one of the conditions for realizing an excellent legal state. However, several studies show that there is no precise mechanism for filing constitutional complaints. Although since 2003, a Constitutional Court has been established. This article aims to describe the problems of filing a constitutional complaint in Indonesia. This article is based on doctrinal legal research with a statutory and conceptual approach. The results of this study indicate that there is no regulation that authorizes the handling of constitutional complaint cases to the Constitutional Court. Judges of the Constitutional Court are rigid in examining cases under their authority and have never exercised discretion over them. This condition has the potential to ignore the constitutional rights of citizens. So there is a need for an amendment to the 1945 Constitution and a revision to the Constitutional Court Law. However, this change requires political will from the authorities.Keywords: constitusional complaint; constitutional court; discretion.Abstrak Jaminan hak konstitusi warga negara merupakan salah satu syarat terwujudnya negara hukum yang baik. Namun, sejumlah riset menunjukkan bahwa belum ada mekanisme yang jelas pengajuan constitutional complain. Meskipun sejak tahun 2003 telah dibentuk Mahkamah Konsititusi. Artikel ini bertujuan mendeskripsikan problematika pengajuan constitutional complain di Indonesia. Artikel ini berdasarkan penelitian hukum doktrinal dengan pendekatan peraturan perundang-undangan dan pendekatan konseptual. Hasil penelitian ini menunjukkan bahwa belum ada regulasi yang memberikan kewenangan penanganan perkara constitutional complaint kepada Mahkamah Konsitusi. Hakim Mahkamah Konstitusi rigid dalam memeriksa perkara yang menjadi kewenangannya dan tidak pernah melakukan diskresi terhadapnya. Kondisi ini berpotensi mengabaikan hak-hak konstitusi warga negara. Sehingga perlu adanya amandemen Undang-Undang Dasar 1945 dan revisi terhadap Undang-Undang Mahkamah Konstitusi. Namun, perubahan ini membutuhkan political will dari penguasa.Kata Kunci: constitutional complaint; mahkamah konstitusi; diskresi.
Efektivitas Penerapan Prinsip-Prinsip Syariah Dalam Penyelesaian Sengketa Ekonomi Syariah di Badan Arbitrase Syariah Nasional (Basyarnas) Zaidah Nur Rosidah; Layyin Mahfiana
TAWAZUN : Journal of Sharia Economic Law Vol 3, No 1 (2020): Tawazun: Journal of Sharia Economic Law
Publisher : Sharia Faculty Islamic Economic Law Study Department

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/tawazun.v3i1.7529

Abstract

This study aims to determine the application of sharia principles in sharia economic dispute resolution in the National Sharia Arbitration Agency (Basyarnas). This study uses a method of socio legal study, how sharia principles are applied in resolving sharia economic disputes so that they can provide justice for both parties. Secondary data collection is carried out through a literature study of primary legal materials and secondary legal material. Some data was requested for confirmation from the National Sharia Arbitration Agency (Basyarnas) in the Yogyakarta region. To obtain answers to the research problems, 3 activities were carried out simultaneously, namely data reduction, data presentation, conclusion drawing / syllogistic verification of deduction. The results of the research and discussion obtained several conclusions, namely first, Islamic principles have not been maximally implemented by Basyarnas, this can be seen from the basis of the consideration of Basyarnas law in its decision. Basyarnas should also correct in terms of the contract, whether it is in accordance with sharia principles or not so that the arising of the dispute is not solely due to the default of the customer but can also be caused by incompatibility with sharia principles. Second, according to Antony Allot's theory of legal effectiveness, the application of sharia principles in sharia economic dispute resolution has not been carried out in accordance with sharia principles, this is due to the lack of clarity in the case in Basyarnas' decision.
PERLINDUNGAN HUKUM TERHADAP TERSANGKA ANAK SEBAGAI UPAYA MELINDUNGI HAK ANAK Layyin Mahfiana
Muwazah Vol 3 No 1 (2011)
Publisher : UIN K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/muwazah.v3i1.12

Abstract

Abstract: Any activities conducted within. Juvenile justice process, should be based on a principle, for the welfare, interests and future. front of them, of course, without, reducing attention to the interests of society. So when the child becomes a suspect protection is needed, which not only juridical but also non-juridical, which includes protection in the social, health, and education. It dimaksdukan to ensure children's rights as the nation's future generations.
Analysis Of The Views of Kiai NU and Muhammadiyah in Bangkalan Madura Regarding The Use of Bitcoin as A Means of Payment of Zakat Fatimatus Zahroh; Mahfiana, Layyin
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 5, No. 1 May 2023
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v5i1.7068

Abstract

This study aims to find out the views of NU and Muhammadiyah kiai in Bangkalan Madura related to Bitcoin law and zakat payment law with Bitcoin. This research was motivated because the pros and cons related to the use of Bitcoin and zakat payments using Bitcoin money until now are still a discussion of scholars until the kiai in Bangkalan Madura also differ in opinion regarding the Bitcoin law, where most of the kiai NU and Muhammadiyah Bangkalan related to Bitcoin law and zakat law with Bitcoin declare haram, because it contains elements of gharar (obscurity ), maysir (gambling), as well as the absence of official regulation from the government. Therefore, zakat with Bitcoin is not allowed. However, there are some scholars who state that the digital money law is halal because digital money like crypto is classified as a "virtual treasure" thus it applies mandatory zakat to Bitcoin money. In addition, there are also differences in regulations between the government and BAPPEBTI, where the government states in Law No. 7 of 2011 concerning currency that it does not accept payment instruments other than Rupiah, while in BAPPEBTI regulations provide protection for Bitcoin users so as not to feel losses. However, obeying government rules is mandatory.
Discourse on Religious Moderation in the View of Surakarta Students According to Indonesian Law Mahfiana, Layyin; Ariyani, Evi; Lisma, Lisma
Al-Bayyinah Vol 8, No 1 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i1.4921

Abstract

Religious moderation is very important because the tendency of excessive or excessive religious experiences often leaves one-sided claims of truth and considers themselves the most right while others are wrong. Based on the above background, the researcher is interested in studying the extent of understanding of religious moderation among Surakarta students and how efforts are made to increase awareness of religious moderation among students. This type of research is field research with a qualitative approach that aims to describe the data obtained in the field regarding students' understanding related to religious moderation. The data sources used in this study are primary and secondary. The data collection techniques used were interviews and documentation. Students' understanding of religious moderation varied greatly from the results of several interviews conducted with 30 students in the Islamic Criminal Law Study Program, 20 students explained that moderation is tolerance and mutual respect between religious people.  This is not wrong, because one of the indicators of religion is tolerance. Meanwhile, the other 10 students have understood that moderation is our perspective or attitude in religion in moderation, understanding and practicing religious teachings that are not extreme. Meanwhile, 30 students of the Law Study Program at the Batik University of Surakarta most of them do not understand what religious moderation is in terms of terminology, but once they are given an understanding and indicators related to religious moderation, they understand. Most of them have been taught in Pancasila and Civic Education courses. Religious moderation can be used as a learning approach so that students can think critically and analyze the courses they are taught, which of course remains based on the principles of religious moderation.
Justice, Mediation, and Kalosara Custom of the Tolaki Community in Southeast Sulawesi from the Perspective of Islamic Law Kamaruddin, Kamaruddin; Iswandi, Iswandi; Yaqub, Andi; Mahfiana, Layyin; Akbar, Muh.
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 7, No 2 (2023): 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.v7i2.13183

Abstract

The existence of customary law has been less a concern as a source in the law enforcement process for law enforcers. The Tolaki community in Southeast Sulawesi has a custom capable of resolving legal disputes called kalosara. This study aims to examine the customary role of the Kalosara in resolving land disputes to create justice and social order in society. This empirical legal study used the sociological theory of law and benefit in Islamic law. Data were collected by means of in-depth interview and literature review. The results of the study revealed that the Kalosara that has become a customary law or living law in society has played a role in resolving cases through mediation. The Kalosara customarily carried out through a mediation process has been able to mitigate internal cases of the indigenous people. Dispute resolution resolved in terms of land cases has also succeeded in creating social order in society. The philosophical principles in the Kalosara consist of ate pute penao moroha (chastity and justice), the values that are able to bind the parties to the disputes in a customary way to create justice. Theoretically, the social function of the customary law in society is to realize social harmonization so that disputes and conflicts can be avoided. In the context of the Islamic law, creating harmony and social order in society is one of the main goals.
Co-Authors Akbar, Muh. Andi Yaqub Ariyani, Evi FATIMATUS ZAHROH Iswandi Iswandi Kamaruddin Kamaruddin Lisma Lisma, Lisma Winarto Winarto Zaidah Nur Rosidah