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All Journal JURNAL HUKUM Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Jurnal Hukum Khaira Ummah Ahkam: Jurnal Ilmu Syariah Jurnal Dinamika Hukum Jurnal Hukum Novelty Jurnal Hukum IUS QUIA IUSTUM Jurnal Daulat Hukum Pembaharuan Hukum Jurnal Akta International Journal of Law Reconstruction The 2nd Proceeding Indonesia Clean of Corruption in 2020" JURNAL CENDEKIA HUKUM Awang Long Law Review Jurnal Pembelajaran Pemberdayaan Masyarakat (JP2M) Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Supremasi Hukum JHCLS Law Development Journal Sultan Agung Notary Law Review Formosa Journal of Multidisciplinary Research (FJMR) International Journal of Law Society Services International Journal of Community Service (IJCS) Lex Publica Journal Research of Social Science, Economics, and Management Nusantara: Journal Of Law Studies Jurnal Ilmiah Sultan Agung Journal of Sustainable Development and Regulatory Issues Research Horizon Enrichment: Journal of Multidisciplinary Research and Development MILRev: Metro Islamic Law Review ANDREW Law Journal Journal of Contemporary Law Studies Contemporary Issues on Interfaith Law and Society Jurnal Konstatering TABELLIUS Contrarius
Anis Mashdurohatun
Universitas Islam Sultan Agung, Semarang, Indonesia
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Arts Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Control & Systems Engineering Decision Sciences, Operations Research & Management Dentistry Earth & Planetary Sciences Economics, Econometrics & Finance Education Electrical & Electronics Engineering Energy Engineering Environmental Science Health Professions Immunology & microbiology Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Mathematics Mechanical Engineering Medicine & Pharmacology Neuroscience Nursing Physics Public Health Social Sciences Transportation Veterinary Other

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Reconstruction of Inmate Rehabilitation Regulations Based on Principles of Legal Justice Fri Hartono; Desy Kartika Caronina Sitepu; Anis Mashdurohatun; Debiantho; Mohamed Abdel Samad Mehanna
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18357689

Abstract

This study examines the reconstruction of inmate rehabilitation regulations grounded in principles of legal justice to address normative inconsistencies and practical disparities in the implementation of correctional policies. The research aims to critically analyse the extent to which existing rehabilitation regulations reflect substantive, procedural, and distributive justice, and to formulate a justice-oriented regulatory framework for inmate rehabilitation. Employing a qualitative juridical-normative approach, this study analyses statutory instruments governing correctional institutions, judicial doctrines on justice, and relevant scholarly literature, complemented by conceptual and comparative legal analysis. The findings reveal that current inmate rehabilitation regulations tend to prioritise administrative compliance and institutional order, while inadequately accommodating principles of proportionality, equality before the law, and restorative justice. Such regulatory orientation often results in unequal access to rehabilitation programs and undermines the correctional system's reintegrative objectives. This study proposes a reconstructed regulatory model grounded in legal justice principles, emphasising rights-based rehabilitation, restorative mechanisms, and fair assessment criteria for inmates. The study contributes to the development of correctional law by offering a normative framework that integrates legal justice into rehabilitation regulations, thereby supporting a more humane, equitable, and effective correctional system aligned with contemporary justice paradigms.
LEGAL CONSTRUCTION OF ZAKAT BASED ON LAW NUMBER 23 OF 2011 CONCERNING ZAKAT MANAGEMENT Fauzi, Rahmat; Rofiq, Ahmad; Kusriyah, Sri; Mashdurohatun, Anis
JCH (Jurnal Cendekia Hukum) Vol 11, No 1: JCH (JURNAL CENDEKIA HUKUM)
Publisher : LPPM STIH Putri Maharaja

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33760/jch.v10i1.1123

Abstract

This study aims to ascertain the Legal Construction of Zakat Management as stated in Law Number 23 of 2011 on Zakat Management. This research uses a juridical-normative approach, a methodology grounded in laws and regulations, and theories and concepts about the scope of zakat rules stated in statutes.   Originating in Indonesian Islamic teachings, Legislation Number 23 of 2011 about Zakat Management declared Zakat a beneficial law.  Zakat's status as a particular worship has enormous potential to enhance the well-being of Muslims in Indonesia if it is properly administered and applied.  According to the study's findings, Law Number 23 of 2011 concerning Zakat Management ought to be able to enhance the effectiveness and efficiency of Zakat management services and the benefits of Zakat in reducing poverty and promoting community welfare. This law strengthens the institutional framework for managing integrated zakat into a single integrated unit, enabling BAZNAS (Provincial and Regional BAZNAS) to become the sole institution with zakat authority and LAZ to support the enforcement of zakat collection, distribution, and utilization. Thanks to this law, institutions that collect zakat will be able to do so more effectively. The application of fines in Aceh to zakat payers (muzakki) who do not want to fulfil their obligations by paying zakat, which has been regulated in Aceh Qanun Number 10 of 2007 concerning Baitul Mal, as the true implementation of Islamic law. The provisions of this sanction cannot be applied in Law Number 23 of 2011 concerning Zakat Management because the Indonesian state is based on Pancasila, not on Islam, unlike Aceh, which is a special autonomous region. In the zakat law, fines can only be given to amil who commits irregularities and misuse of zakat funds, because this is included in criminal acts.
Document Validation by a Notary as a Fiduciary-Based Credit Risk Mitigation Setiawaty, Dewi; Mashdurohatun, Anis
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze in depth the role of Notaries in validating documents in the credit granting process with fiduciary guarantees as a form of legal and credit risk mitigation at Bank Perekonomian Rakyat Lingga Sejahtera Pangkalan Bun. The background of the study is based on the frequent problems found in credit practices, including incomplete debtor identities, inconsistencies in collateral data, failure to transfer ownership, and weak understanding of the debtors regarding the legal consequences of fiduciary agreements. These conditions have the potential to cause disputes at the execution stage and weaken the bank's preferred position as a creditor. The research method used is an empirical juridical approach with analytical descriptive specifications. Primary data were obtained through in-depth interviews with Notary partners, credit analysts, and the BPR legal department, while secondary data were obtained from laws and regulations, notarial law literature, and relevant scientific journals. Data analysis was conducted qualitatively with triangulation techniques to ensure the validity of the findings. The results show that Notaries have a central role as a preventative guard in credit risk management. These roles include verifying the identity of legal subjects, examining the legality and validity of collateral objects, preparing credit agreements and fiduciary guarantee deeds that meet formal and material requirements, and implementing fiduciary registration through the Ministry of Law and Human Rights' electronic system. Strict validation has been proven to prevent duplicate objects, reduce the potential for non-performing loans, and strengthen the bank's executorial position following the Constitutional Court's ruling on fiduciary execution mechanisms. The study also found several obstacles, namely low legal literacy of MSME debtors, differences in physical and administrative vehicle data, disruptions to the electronic registration system, and differences in interpretation of execution clauses between banks and Notaries. To overcome these obstacles, integrated validation operational standards, intensive coordination between banks and Notaries, integration of ownership databases, and increased legal education for debtors are needed. The study concluded that the quality of Notary validation is directly proportional to the effectiveness of fiduciary-based credit risk mitigation.
Implementation of Marriage Agreements in Resolving Property Conflicts with Husband and Wife Daud Nento, Fadel; Mashdurohatun, Anis
Jurnal Konstatering Vol 5, No 1 (2026): January 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

This study aims to analyze the implementation of marriage agreements in resolving joint property disputes between husband and wife at the Gorontalo Religious Court and identify obstacles and their solutions. The research method used is empirical legal research with a qualitative approach, through literature studies, observations, in-depth interviews with judges and clerks, and document analysis of 37 decisions in joint property cases in 2020–2024. The results of the study indicate that the implementation of marriage agreements is realized in the form of a peace deed through mediation, such as in Case Number 689/Pdt.G/2022/PA.Gtlo. However, its implementation is still low because the majority of cases are resolved through litigation with a 50:50 division based on Article 97 of the Compilation of Islamic Law, although there are two decisions that deviate from the proportional division (2/3 and 1/3) based on the wife's contribution. The main obstacles include: (1) legal structure, namely the less than optimal role of mediators and the dominance of the litigation process; (2) legal substance, namely general and unclear norms regarding marriage agreements; (3) legal culture, namely the taboo perception in Gorontalo society regarding marriage contracts. The solutions offered are optimizing mediation, prioritizing non-litigation resolution, improving legal norms, strengthening marriage contract norms, and socializing through local cultural channels such as the Tolobalango traditional procession. This study concludes that marriage contracts have the potential to be an effective preventive and resolutive instrument if supported by institutional strengthening, certainty of norms, and a paradigm shift in legal culture.
Legal Certainty For An Object That Is A Fiduciary Guarantee Which Has Not Been Removed After The Debt Is Removed Utami, Fitri Pujianti; Darmadi, Nanang Sri; Mashdurohatun, Anis
TABELLIUS: Journal of Law Vol 4, No 1 (2026): March 2026
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

            The relationship between creditors and debtors in the business world requires legal certainty, which is realized through collateral instruments, one of which is fiduciary collateral. Although Law No. 42 of 1999 concerning Fiduciary Collateral and Government Regulation No. 21 of 2015 stipulate the obligation to write off debts after debt repayment, practice shows that many collateral items are not written off, so the object remains listed as collateral. TypeThis research is normative juridical, using a conceptual juridical approach. The data used include primary, secondary, and non-legal data by collecting data through literature and analyzing it using prescriptive analysis to describe and evaluate the implementation of fiduciary roya. The procedure for the removal (roya) of fiduciary collateral is carried out by the creditor after the debtor has fully paid their obligations by submitting an application to the Fiduciary Registration Office, which then issues a Roya Certificate. However, because the removal is not automatic, differences often arise between the material and administrative removal of fiduciary collateral. This situation creates legal uncertainty, where the debtor cannot reuse the collateral, new creditors lose certainty, and potentially give rise to disputes. The roya mechanism in the Fiduciary Collateral Law needs to be strengthened with clear derivative regulations regarding time limits and sanctions for creditors who fail to comply, to prevent re-fiduciary collateral and provide legal certainty. System improvements can also be achieved through digitization and data integration between institutions, mandatory verification by notaries, and strengthening fiduciary certificates as executorial titles to more effectively protect creditors and debtors.
Reconstruction of Inmate Rehabilitation Regulations Based on Principles of Legal Justice Fri Hartono; Desy Kartika Caronina Sitepu; Anis Mashdurohatun; Debiantho; Mohamed Abdel Samad Mehanna
Nusantara: Journal of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.18357689

Abstract

This study examines the reconstruction of inmate rehabilitation regulations grounded in principles of legal justice to address normative inconsistencies and practical disparities in the implementation of correctional policies. The research aims to critically analyse the extent to which existing rehabilitation regulations reflect substantive, procedural, and distributive justice, and to formulate a justice-oriented regulatory framework for inmate rehabilitation. Employing a qualitative juridical-normative approach, this study analyses statutory instruments governing correctional institutions, judicial doctrines on justice, and relevant scholarly literature, complemented by conceptual and comparative legal analysis. The findings reveal that current inmate rehabilitation regulations tend to prioritise administrative compliance and institutional order, while inadequately accommodating principles of proportionality, equality before the law, and restorative justice. Such regulatory orientation often results in unequal access to rehabilitation programs and undermines the correctional system's reintegrative objectives. This study proposes a reconstructed regulatory model grounded in legal justice principles, emphasising rights-based rehabilitation, restorative mechanisms, and fair assessment criteria for inmates. The study contributes to the development of correctional law by offering a normative framework that integrates legal justice into rehabilitation regulations, thereby supporting a more humane, equitable, and effective correctional system aligned with contemporary justice paradigms.
Bridging Formal Legality and Living Law Public Prosecutorial Policies to Achieve Justice Mashdurohatun, Anis; Wazna, Mahmoud W M Abu; Abdasmad, Mahmoud Elsayed Atyea; Joman Rabah Mahfouth Alkhatib
Contrarius Vol. 2 No. 2 (2026): Contrarius
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/contrarius.v2i2.272

Abstract

Recognition of living law: Article 2 of Law Number 1 of 2023 concerning the Criminal Code marks a paradigm shift in Indonesian criminal law from the principle of formal legality to material legality. However, this change has not been accompanied by an update to criminal procedural law. In fact, Criminal Procedure Code (KUHAP) remains oriented towards legal positivism and does not provide a procedural mechanism to integrate existing social norms into criminal justice practices. This situation creates tension between legal pluralism, legal certainty, and demands for substantive justice in the criminal justice system. This study aims to analyse: (1) the position of the Criminal Procedure Code in accommodating living law in the criminal justice process; (2) the role of the Prosecutor's Office as dominus litis in integrating living law through prosecution policy; and (3) the reconstruction model of prosecution policy in the perspective of ius constituendum in order to realize the integration between formal legality and material legality. The study uses a normative legal research method with a statutory, conceptual, and comparative approach, and is analysed using the theory of justice, the Pancasila theory of justice, and Gustav Radbruch’s theory of legal values. The results of the study indicate that: (1) the Criminal Procedure Code functions as a procedural law based on formal legality so that it has not been able to operationalize the recognition of living law procedurally; (2) the Prosecutor's Office has in fact accommodated living law through prosecutorial discretion and restorative justice, but does not yet have systemic procedural legitimacy; and (3) reconstruction of prosecution policy is needed through a facilitation model by prosecutors, judicial verification, court decisions, and state execution in order to balance legal certainty, substantive justice, and social benefits in the Indonesian criminal justice system.
Co-Authors Aaty El-Sonbaty, Atta Abdel Abda Abda Abdasmad, Mahmoud Elsayed Atyea Abdul-Majeed Hamdoun, Abdullah Abiem Pandya Prasojo Abun Hasbulloh Syambas Achmad Sulchan Agus Finaningrum, Kiki Agus Supriyadi Agustina Suryaningtyas AHMAD FAISOL ahmad habibi Ahmad Rofiq, Ahmad Ahmad Zaki Mubarok Ahmed Rabie Akbar S, Muhammad Aqlizar Al-Farjani, Saleh Hashem Alfarizi Lubis, Muhammad Fathur Alhaleem Maslat Harahsheh , Eid Abed Ananingati, Ananingati Andaryanti, Yuni Andhika Buana Prasadhana Andri Winjaya Laksana, Andri Winjaya Andrianto Budi Santoso Angga Nugraha Firmansyah Ar Rahiim Innash Arief Indra Kusuma Adhi Arif Zaenal Abidin Arpangi Arpangi, Arpangi Aryani, Fajar Dian Bagus Langgeng Prasetiyo Bahtiyar Efendi Bambang Tri Bawono Benseghir, Mourad Budi Setianingrum, Reni Cahaya Mutiara Mardiana Putri Cahyono, Ma’ruf Cristovão Pinto, Felix Dafitson Husthinob Daniel Yudi Christanto Daud Nento, Fadel DEBIANTHO Denny Kusuma Derick Yunanda Desi Wulan Anggraini Desy Kartika Caronina Sitepu Dodi Jaya Wardana Efendi, Bahtiyar Eid Abed Alhaleem Maslat Harahsheh Eko Soponyono Elsonbaty, Atta Eman Suparman Endah Wahyuningsih, Sri Endah, Sri Endang Kusnandar Endang Yuniarti Erawati, Wahyu Ririn Eristadora, Stephanie Erny Herawati Erwin Aditya Pratama Esti Royani, Esti Eyrsa Setya Kurnia Fatma Wati Fauzia, Ana Fifian Leliana Fonaha Hulu Fri Hartono Gholib Ivan Ali Gunarto Gunarto Gunarto Gunarto Gunarto H. Gunarto Hanung Hendratmoko Hari Purwadi, Hari Haris Budiman Hartiwiningsih Hartiwiningsih Hendro Widodo Henning Glaser Hidayat Abdulah Holyness Nurdin Singadimedja I Made Dwi Jayantara I Putu Angga Feriyana Indah Nailal Muna Indana Fawaizah Indriasari, Evy Irene Svinarky Irwan Irwan Istiniyati, Istiniyati Jawade Hafidz Joman Rabah Mahfouth Alkhatib Junaidi Junaidi K W, Jaka Kholifatul Aziz, Elfira Nur King On Putra Jaya Kismanto Kismanto Kristiawanto Kusuma, Andi Lathifah Hanim Latifah Hanim Latifah Latifah M. Ali Mansyur M. Hasyim Muallim Mahardika, Dinar Mahyuni Mahyuni Mariah S.M. Purba Masdoro, Masdoro Megacaesa Fuditia Fuditia Meta Suryani Moh. Abd Basith Mohamad Rofiqi Mohamed Abdel Samad Mehanna Mohamed, Muhammad Azimuddin Mohammad Irfan Rifai Muhammad Azam Muhammad Azam Muhammad Dias Saktiawan Muhammad Fahrudin Muhammad Hilmi Akhsin Muhammad Irwan Datuiding Mukti Fajar Nur Dewata, Mukti Fajar Muna, Nailatul Najati, Fia Agustina Nanang Sri Darmadi Ngadino Ngadino Ni Made Srinitri Nizar Anwar Nur Indah Setyoningrum Nuridin Nurkhasanah, Aisyatun Nurul Masrifah Pradikta Andi Alvat Prasetiyo Adhi Wibowo Pratama Hapsari, Ifahda Prihananto Prihananto Purwatik, Purwatik Putri Rahmawati Rabiie, Ahmed Rahmanto, Endy Satya Rahmat Fauzi Rekowarno Rekowarno Riska Fauziana Riskha Amaliya Lubis Rizal Anugrah Bachriar Rudi Iskandar Sahal Afhami Saktiawan , Muhammad Dias Salman, Mohammed Abdullah Sari, Pebrina Permata Setiawaty, Dewi Setiyawan, Deni Setyaningsih Setyaningsih Sidauruk, Hamonangan Parsaulian Simanjuntak, Alden Juniedy Sisno Pujinoto Siti Rodhiyah Dwi Istinah Somaerin Saputra Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sri Kusriyah, Sri Sugihartono, Bambang Suhanan, Aan Sukarmi Sukarmi Sulistyani, Ratu Vidi SUMIYATI SUMIYATI Supriyadi Supriyadi SUROTO Syafira, Nimasgari Dhaeyu Wildan Thomas Aquino A. S Tiyas Vika Widyastuti Toni Ariadi Efendi Tri Bawono, Bambang Tri Normalita Putri, Ajeng Tri Ulfi Handayani Utami, Fitri Pujianti Waruwu , Ingati Margaretha Wawan Setiyawan Wazna, Mahmoud W M Abu Widya Putri Idayatama Yeni Ratnasari Yurulina Gulo Yusfandi Usman YUZURU, SHIMADA Zamrudi, Ehwan Zulfikar Hanafi Bahri