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TANTANGAN EKONOMI SYARIAH DALAM MENGHADAPI MASA DEPAN INDONESIA DI ERA GLOBALISASI Anis Mashdurohatun
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.Edsus.264

Abstract

In essence, globalization is the best means for Muslims to introduce the culture and the teachings of Islam to all corners of the world. Islamic economic challenges including the State that in fact many Muslim population tends to use the capitalist system; In economics and politics in view of the Islamic State is not strong so it is difficult to prove that the Islamic Economic System is superior to the capitalist and socialist, and Among the experts was still disagreement on the definition Islamic Economic System. Islamic Economy Facing Future In Indonesia in the Era of Globalization needs to consider several factors, namely Mastery Technologies, Sharia-based SME Development, Keeping the Sharia Economic Excellence, namely Islamic economic system, and also the prohibition of usury.Keywords:  islamic economic, globalization, capitalism
Model Fair Use/Fair Dealing Hak Cipta Atas Buku dalam Pengembangan IPTEK pada Pendidikan Tinggi Anis Mashdurohatun; M. Ali Mansyur
Jurnal Hukum IUS QUIA IUSTUM Vol. 24 No. 1: JANUARI 2017
Publisher : Fakultas Hukum Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/iustum.vol24.iss1.art2

Abstract

This research is to study: first, how is the model of fair use/fair dealing of Copy Right of Book in the development of Science and Technology in higher institution based upon the moral right, economic and social rights? Second, what things are deemed important as the base in measuring the use of book properly and equitably for many parties? This research was conducted using the juridical sociological approach. The result of the research showed that first, the model of fair use/fair dealing of Copy Right in developing the Science and Technology in Higher Institution based upon the aspects of moral right, economic right, and social right that is by balancing the elements of fair use/fair dealing towards the creator in State Higher Institutions and Private Higher Institutions, Publisher/IKAPI/YRCI/LMK, Book Store/Cooperation, Institute for Research and Community Service, Library Institute, Researchers/Lecturers/Students for creating the accessible, affordable and qualified books.  Second, the existence of MoU/cooperation between the Institute of Higher Education and the publishers/YRCI/ Collective Management Organization and Photocopies Entrepreneur through a licensing agreement by paying amount of money for royalties, the realization of book circulation which is comparable with the creation of decent appreciation to Writer.
Development Of The Criminal Justice System: Initiating LPSK As A Criminal Justice Subsystem In Indonesia I Putu Angga Feriyana; Anis Mashdurohatun; Arpangi Arpangi
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8386

Abstract

The development of the Criminal Justice System has led to efforts to initiate LPSK as a Criminal Justice Subsystem. The aim is to provide maximum protection to witnesses and victims of crime. The research method used is normative juridical with statutory approach, and descriptive analytical specifications. The results of the study concluded that the victimology study was a challenge for the Criminal Justice System, which had so far not paid attention to the interests of victims. Efforts to initiate LPSK as an Integrated Criminal Justice Subsystem in Indonesia are based on the importance of the institution's position in providing protection and services to victims of crime, so there is good coordination and cooperation between LPSK and other law enforcement institutions.Keywords: Development; Criminal Justice System; Initiating; LPSK.
Protection Analysis Of Children Rights That Was Born From The Rape Causing (Study in State Court (PN) in Ex-Residency Cirebon Jurisdiction) Endang Kusnandar; Anis Mashdurohatun; Siti Rodhiyah Dwi Istinah
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8395

Abstract

Criminal cases of rape very much creates difficulties in solving both at the stage of investigation, prosecution, or at the stage of the imposition of the verdict. The problems of this study are: forms of legal protection given to the rights of Children Which Born fom rape victims in Ex Residency Cirebon Jurisdiction and constraints in the implementation of the provision of legal protection against rape victims in Ex Residency Cirebon Jurisdiction and solutions.The method used by researchers is normative juridical law approach and specification in this study were included descriptive analysis. The source and type of data in this study are primary data obtained from field studies with interview members of the Police of Ciwaringin Cirebon, And secondary data obtained from the study of literature.Based on the results of research that as is the case in jurisdictions other areas, merely enacted regional regulation on Child Protection, but the regulation is not set up for a child born to mothers who were raped or pregnancy due to rape, as well as court decisions, no one has noticed the rape victims who become pregnant as a result of rape, either already known or unknown since the trial process after the imposition of the verdict (ponis), as well as the Agency duties and authorities are not up to provide protection to Children Which Born from rape, but the child of such status as well as victims. Obstacles such as the difficulty to obtain information from the victim because of the victim's mental condition of the child, still quite a lot of people who are reluctant to testify as a witness, investigators have no children, as well as the infrastructure is not yet complete. To overcome the obstacles faced by those already undertaken several measures, among others cooperate with relevant agencies to provide protection and assistance to child victims of rape, bring in psychologists to recover the child's mental disturbed for being a victim of rape cases, as well as trying to convince the witness that willing to give information and not to be afraid to provide testimony.Keywords : Rights Protection; Children; Rape.
Implementation Of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study On Jurisdiction Central Java Regional Police) Nizar Anwar; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5556

Abstract

This study, entitled "Implementation of Criminal Sanctions Against Crime Mining Potential Effects Without Permission For Deterrent Effect (Study In Region Central Java Regional Police)". Based on the description in this thesis, that will be examined are: 1). How does the application of criminal sanctions against the crime of mining without a license in the jurisdiction of the Central Java Regional Police? 2). Is it true that criminal sanctions against mining without permission a criminal offense can be a deterrent effect? 3). How the barriers and solutions so the application of criminal sanctions against the crime of mining can be a deterrent effect?The study concluded that: 1). Penal provisions against the crimes mining unlicensed / illegal mining regulated in Act Number 4 of 2009 on Mineral and Coal, under Article 158, Article 160 Paragraph (1) and Paragraph (2), Article 161, Article 163 Paragraph ( 1) and Paragraph (2), and Article 164. 2). Act Mineral and Coal just set the maximum threat. This is impacting on the demands of the Public Prosecutor and the decision to be handed down by the judge. In the absence of a minimum penalty, the prosecutors and the judge may impose demands and the decision to a penalty is low, so it is feared not give deterrent effect to the perpetrators of illegal mining. 3). Mining Law there are four (4) weakness which some contradictory to each other, namely: a). In Article 169 (a) regarding the validity of the Contract of Work. b). Act Number 4 Of 2009 on Mineral and Coal Mining (Mining Law) are not set on the Mining Authority (KP). c). Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs. Mining Law regulates the obligation of business entities and IUPK IUP holders whose shares are owned by foreign investors to divest shares. d). Mining Law makes the shifting patterns of relationship between the government and mining entrepreneurs.Keywords: Sanctions; Criminal Act; Mining.
Juridical Analysis Of Application Of Forgiveness (Rechterlijk Pardon) As A Basis Of Judge Consideration In Deciding The Criminal Sisno Pujinoto; Anis Mashdurohatun; Achmad Sulchan
Jurnal Daulat Hukum Vol 3, No 2 (2020): June 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i2.10085

Abstract

The formulation of the problem in this study are: How is the principle position Rechterlijk Pardon in the criminal system in Indonesia, how the principles are applied Rechterlijk Pardon in a criminal ruling Decision Number 241 / Pid.B / 2019 / PN.Mjl andHow the development / concept of the Rechterlijk Pardon principle in the renewal of the Indonesian criminal law that will come related to the draft criminal law on the monodualistic principle?This study uses a sociological juridical approach, with descriptive analytical research specifications. The data used in this study are secondary data obtained through library research and primary data obtained through field research which are then analyzed qualitatively using legal theory, the forgiveness agency theory, criminal justice system theory, and progressive legal theory. Based on the results of that study The position of the Rechterlijk Pardon Principle in the Criminal System in Indonesia is forgiveness is a form of forgiveness / deliverance from mistakes made. As a form of forgiveness, then with forgiveness, someone who is guilty is not sentenced or does not need to feel the punishment. Provisions such as this basically exist in conditional criminal conduct (voorwaardelijke veroordeling) regulated in Article 14a-14f of the Criminal Code. Conditional penalties are also referred to by part of the community with the term criminal trial or there is also termed as conditional punishment. Application of the Rechterlijk Pardon Principle in Criminal Verdicts Number 241 / Pid.B / 2019 / PN.Mjl it is applied later to act as the final safety valve in the criminal justice system if a case is not filtered at the prosecution and preliminary hearing judge stage. Development / Concept of the Rechterlijk Pardon Principle in the Future Renewal of Indonesian Criminal Laws Associated with the Draft Criminal Laws on the Monodualistic Principle are Forgiveness institution, is an important element to answer problems that cannot be accommodated with only 3 (three) types of decisions (free, loose, criminal funds).Keywords : Institutions; Forgiveness; Rechterlijk Pardon; Considerations; Judges; Decisions.
Effectiveness Of Act Number 23 Of 2004 Regarding Elimination Of Violence In Household (PKDRT) Against Psychological Violence In Semarang Moh. Abd Basith; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5673

Abstract

Every family dreams to build family harmony, happy and loved each other, but in fact many families are feeling uncomfortable, depressed and sad because of violence in the family, whether the violence is physical, psychological, sexual, or neglect.Purpose of the effectiveness of the implementation of Act Number 23 of 2004 on the Elimination of Domestic Violence against psychological violence in the city of Semarang, namely: to determine the effectiveness of the implementation of Act Number 23, 2004. The method used Soerjono Soekanto said that the effectiveness of the implementation of the law in a society is determined by several factors, namely (1) the rule of law, (2) law enforcement officials, (3) legal facilities, (4) community and (5) culture. The approach I use in this study is a sociological juridical legal approach, ie an approach by examining the secondary data first, followed by conducting research in the field of primary data. The results showed that effect implementation of Act Number 23 of 2004 in reducing psychological violence in the city, namely (1) the perceived inadequate (2) and ineffective. This is evident from the level of psychological domestic violence volatile and without a significant decrease. Suggestions authors hope that the government and relevant institutions more concerned about PKDRT and routinely provide information, education and prevention of domestic violence.Keywords: Effectiveness; Psychological Violence; Domestic. 
Crime Investigation on Theft by eighting with The Modus Of Prying Automated Teller Machine (ATM) in Jurisdiction Area of Central Java Mohamad Rofiqi; Anis Mashdurohatun
Jurnal Daulat Hukum Vol 1, No 3 (2018): September 2018
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v1i3.3357

Abstract

This study aims to: 1) Review and analyze the implementation of the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 2) Assess and analyze the factors that hinder the investigation related to solve investigator in the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java. 3) Assess and analyze the efforts of investigators linked the criminal investigations against theft by weighting with the modus of prying Automated Teller Machine (ATM) in the jurisdiction area of Central Java? Results: 1). The process of investigations conducted by the Central Java Police in solving criminal cases of theft through Automated Teller Machine (ATM) with prying mode in accordance with the rules contained in the Criminal Procedure Code and the Law on Police No. 2 of 2002. 2). Based on the description of the Central Java Police investigators, the obstacles faced by the team of investigators of Central Java Police, among others: a. Evidence is hidden and difficult for investigators to look suspect. b. The suspect managed to flee with his colleagues by car, so investigators have to chase. c. In providing information with convoluted.3) Relatedwith efforts to overcome obstacles investigator in a criminal law enforcement ATM theft with prying mode is as follows: a. In search of evidence of the crime of investigators need to conduct more intensive searches of suspects. b. Coordinating with other entities by way of exchange of information / Data notify each DPO (List of People Searching) and when in the area to find people who sought immediately apprise and made arrests. c. Providing information (by extension agents) to the public to participate actively in supporting the work of police in the investigation of the theft through ATM.Keywords: Investigation; Crime of Theft By Weighting; Prying Automated Teller Machine (ATM).
The Urgency of Legal Protection to the Trademarks in the Global Era Anis Mashdurohatun; Gunarto Gunarto; Lathifah Hanim
Jurnal Pembaharuan Hukum Vol 5, No 3 (2018): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v5i3.3373

Abstract

Globalization is nothing but capitalism in its most recent form. Strong and rich countries practically control the world economy and smaller countries are increasingly powerless because they are unable to compete through Intellectual Property Protection including trademarks. The purpose of this research is to examine and to analyze the role of the State in providing legal protection Against trademarks, and factors that influence and formulate their legal protection policies. The approach method in this research is empirical juridical. The data used were primary and secondary data. The results of the research were analyzed analytical descriptively. The results of the study found that the role of the State in providing legal protection for trademarks of business people was not optimal, this was due to several factors including the low understanding of the importance of trademark intellectual property rights protection for businesses and society as consumers. Government policies globally through the Asean Economic Community Blueprint, which contains four main pillars, including the economic competitiveness of Intellectual Property Rights integrated with the global economy.
PENEGAKAN HUKUM TERHADAP EKSISTENSI BECAK BERMOTOR UMUM (BENTOR) BERDASARKAN UNDANG-UNDANG NOMOR 22 TAHUN 2009 TENTANG LALU LINTAS DAN ANGKUTAN JALAN Meta Suryani; Anis Mashdurohatun
Jurnal Pembaharuan Hukum Vol 3, No 1 (2016): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v3i1.1341

Abstract

The influence of industrialization which is identical to the use of machines in various areas of life influences the development of transportation. Humans begin creating motorized transport such as motorcycles, cars, aircraft, fire Crete, ships and including motorized pedicab and other motor tricycles. The existing of motorized pedicab caused controversy in some areas, because of the problems of legal regulation of traffic and regulatory issues. The problem statements that will be discussed are how the existence of a common motorized pedicab (bentor) as one of land transportation in Indonesia today, and how law enforcement on the existence of a common motorized tricycles (bentor) pursuant to Act No. 22 of 2009? The results showed that: the existence of a common motorized pedicab as one of land transport is increased in all parts of Indonesia; Enforcement of the law against the existence of a common motorized pedicab can not be effective, although Bentor has been unlawful provisions of Law No. 22 of 2009 and other regulations. The law enforcement is more focus on the principle of expediency, so the police do the discretion of the bentor as common operational as public transport, by seeing the its expediency for middle class, especially in district and rural areas and as a form of cultural characteristics existing communal society Indonesia.
Co-Authors Aaty El-Sonbaty, Atta Abdel Abiem Pandya Prasojo Achmad Sulchan Agus Finaningrum, Kiki Agus Supriyadi Agustina Suryaningtyas AHMAD FAISOL ahmad habibi Ahmad Zaki Mubarok Ahmed Rabie Akbar S, Muhammad Aqlizar Al-Farjani, Saleh Hashem Alfarizi Lubis, Muhammad Fathur 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 Baehaqi, Faisal Bagus Langgeng Prasetiyo Bahtiyar Efendi Bambang Tri Bawono Benseghir, Mourad Budi Setianingrum, Reni Budiman, H. Haris Cahaya Mutiara Mardiana Putri Cahyono, Ma’ruf Cristovão Pinto, Felix Dafitson Husthinob Daniel Yudi Christanto Denny Kusuma Derick Yunanda Desi Wulan Anggraini Dodi Jaya Wardana Efendi, Bahtiyar 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 Gholib Ivan Ali Gunarto Gunarto Gunarto Gunarto Gunarto H. Gunarto Hanung Hendratmoko Hari Purwadi, Hari 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 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, Muhammad Azimuddin Mohammad Irfan Rifai Muhammad Azam Muhammad Azam Muhammad Dias Saktiawan Muhammad Fahrudin Muhammad Hilmi Akhsin Mukti Fajar Nur Dewata, Mukti Fajar Muna, Nailatul Najati, Fia Agustina Ngadino Ngadino Ni Made Srinitri Nizar Anwar Nur Indah Setyoningrum Nuridin Nurkhasanah, Aisyatun Nurul Masrifah Pradikta Andi Alvat Pratama Hapsari, Ifahda Prihananto Prihananto Purwatik, Purwatik Rabiie, Ahmed Rahmanto, Endy Satya Rekowarno Rekowarno Riska Fauziana Riskha Amaliya Lubis Rivan Achmad Purwantono Rizal Anugrah Bachriar Rudi Iskandar Sahal Afhami Saktiawan , Muhammad Dias Salman, Mohammed Abdullah Sari, Pebrina Permata Setiyawan, Deni Setyaningsih Setyaningsih Simanjuntak, Alden Juniedy Sisno Pujinoto Siti Rodhiyah Dwi Istinah Somaerin Saputra Sri Endah Wahyuningsih Sri Endah Wahyuningsih 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 Waruwu , Ingati Margaretha Wawan Setiyawan Widya Putri Idayatama Yeni Ratnasari Yurulina Gulo Yusfandi Usman YUZURU, SHIMADA Zamrudi, Ehwan Zulfikar Hanafi Bahri