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Restitution as an Instrument of Justice for Victims of Domestic Sexual Violence: A Study of Positive and Islamic Law in the Contemporary Era Hendro Widodo; Anis Mashdurohatun; Kristiawanto; Andrianto Budi Santoso; Derick Yunanda
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10436

Abstract

Domestic sexual violence is a hidden form of gender-based crime that often goes unreported due to prevailing social norms and its status as a complaint-based offense. These conditions create serious obstacles to law enforcement and hinder victims from obtaining justice, ideally including immediate restitution and comprehensive protection from the state. This study explores the effectiveness of restitution as a criminal sanction in cases of domestic sexual violence, analyzed through the perspective of justice values in both positive law and Islamic law in the contemporary context. The research employs a normative juridical method, using a statutory approach by examining relevant legal instruments and Islamic legal principles. The findings reveal that although restitution is formally recognized in various laws—such as the Domestic Violence Law, the Law on Witness and Victim Protection, the Law on Sexual Violence Crimes (TPKS), and the 2023 Criminal Code—its enforcement remains limited. This is due to structural and cultural challenges, including weak legal awareness, ineffective implementation mechanisms, and the perpetrators’ inability to fulfill restitution obligations. From the perspective of Islamic law, the concept of compensation (Taʿwid) supports the idea of restoring victims' rights, but its application requires reinterpretation to fit the modern legal system. This study offers a new perspective by emphasizing the need to move beyond fines toward mandatory restitution, integrating restorative justice principles and strengthening institutional and cultural support. These steps are crucial for building a justice system that is more responsive, fair, and centered on the recovery and dignity of victims.
Copyright Problems of Lasem Hand-drawn Batik as an Object of Fiduciary Guarantee in Rembang Regency Kholifatul Aziz, Elfira Nur; Mashdurohatun, Anis
Jurnal Konstatering Vol 4, No 1 (2025): January 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

Abstract.This article aims to examine and analyze the implementation of copyright on Lasem batik tulis products as objects of fiduciary guarantees and the problems and solutions in the implementation of copyright on Lasem batik tulis products as objects of fiduciary guarantees in realizing the creative economy in Rembang Regency. This article is an empirical juridical legal research with the statue approach and historical approach methods. The data collection technique used is a field study in the form of observation and interviews as well as a literature study. The data analysis method used in analyzing the data is an interactive qualitative model analysis. The results of the study show that results of the research and study show that until now there has been no Banking or non-banking Institution that has implemented Intellectual Property such as copyright of Lasem batik artwork as an object of fiduciary guarantee or collateral. The non-implementation of intellectual property-based financing is due to several problems, namely regarding regulations, related Institutions or Officials, the concept of valuation and special Institutions for Intellectual Property valuation, the Copyright execution system as an object of fiduciary guarantee and for Creative Economy Actors. From the problems faced, there are solutions that can be done, including: 1) Renewal of regulations, 2) Increasing knowledge and understanding of related Institutions and officials, 3) Establishing a valuation system and special Institution to assess appropriate copyright, 4) Preparing a mechanism for executing Copyright as an appropriate and correct object of fiduciary guarantee and 5) increasing awareness of creative economy actors regarding the legal protection of Copyright.Keywords: Batik; Copyright; Fiduciary; Guarantee; Problems.
The Effectiveness of Implementing a Complete Systematic Land Registration (PTSL) Policy in Realizing Legal Certainty for Rightsholders Rahmanto, Endy Satya; Mashdurohatun, Anis
TABELLIUS: Journal of Law Vol 1, No 1 (2023): March 2023
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The purpose of the implementation of registration and issuance of land certificates as stated inGovernment Regulation Number 18 of 2021 concerning Management Rights, Land Rights, Flats Units, and Land Registration.is a manifestation of the purpose of land registration itself and one of the products is a certificate of land rights.The PTSL program is a land registration activity that is carried out simultaneously which covers all land registration objects that have not been registered in one village area or other names.The existence of the PTSL program indirectly provides legal protection to the community in owning land rights because mprotect the actual holder or owner of land rights and there is no guarantee from the government regarding the correctness of juridical data and physical data listed in the land book register or land certificate. Research objectives namely to find out and analyze the implementation of PTSL policies and the effectiveness of the PTSL program in realizing legal certainty for rights holders in the Lamongan Regency area. From the research carried out, it can be concluded that the PTSL of the District Land Office was carried out in several stages, namely: preparation, counseling, data collection and processing of juridical data processing, land inspection, announcement of physical data, validation of physical data, issuance of decisions on granting land rights, bookkeeping of rights over land, issuance and submission of certificates, document management, and reporting.Effectivenessthe implementation of the PTSL policy and its solutions are explained at several points, namely: 1)That the PTSL program has been effective can be seen from the objectives to be achieved through the PTSL program. This is also supported by the important role of several related parties such as the National Land Agency, the subdistrict, the village head and the head of the environment; 2) The PTSL program has been successfully implemented in Bluluk and Kedungpring Districts. The PTSL activity was successful because of the community's enthusiasm for the free land registration program and the 100% completion, namely 2,500 certificates; 3) The PTSL program already has simple facilities and infrastructure that support the success of this program such as a hall as a temporary post for the BPN and tables and chairs; 4) The program has been implemented in accordance with the plan, namely with evidence that the program has been implemented according to plan, namely the presence of BPN officers who are at the command post,Keywords: Certainty; Rights; Holders.
Religious Diversity in the Digital Economy: Interfaith Legal Pathways to Harmonize Sharia, Christian Ethics, and International Law Azam, Muhammad; Abdul-Majeed Hamdoun, Abdullah; Alhaleem Maslat Harahsheh , Eid Abed; Mashdurohatun, Anis; Sidauruk, Hamonangan Parsaulian
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 2 (2025): Digital Society and Interfaith Legal Challenges
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i2.33011

Abstract

The rapid expansion of the digital economy has generated new opportunities for commerce, communication, and innovation, while simultaneously producing complex legal and ethical challenges with profound implications for religious communities in plural societies. Practices such as fraudulent halal certification in online markets, algorithmic bias affecting devotional content, misinformation that exacerbates interreligious tensions, and fintech models that risk violating prohibitions on riba, gharar, and maisir illustrate how digital governance intersects with religious norms and international legal standards. This article examines five key domains in which these interactions are most visible: consumer protection, religious data privacy, online speech and blasphemy-adjacent harms, fintech ethics, and the recognition of cross-border electronic contracts. The study analyzes statutory instruments, international regulatory frameworks, and Sharia jurisprudence alongside Christian and secular legal-ethical perspectives to assess points of convergence and divergence. The findings reveal substantial agreement across traditions on prohibiting fraud, ensuring transparency, and protecting human dignity, alongside persistent tensions regarding religious sensitivities in advertising, content moderation, and financial design. To address these challenges, the article proposes a harmonization roadmap that includes soft-law guidance for digital platforms, faith-sensitive model clauses for e-contracts and online dispute resolution, judicial interpretive canons grounded in maqāṣid al-sharīʿah and international human-rights norms, regulatory sandboxes for ethical fintech innovation, and academic partnerships for training, auditing, and accountability. By situating digital-economy governance within an interfaith legal framework, the article offers a pathway for transforming digital marketplaces into spaces of fairness, inclusivity, and constructive interreligious coexistence, with particular relevance for Muslim-majority contexts such as Indonesia.
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.
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.
IDENTIFIKASI FAIR USE/FAIR DEALING HAK CIPTA ATAS BUKU DALAM PENGEMBANGAN IPTEK PADA PENDIDIKAN TINGGI DI JAWA TENGAH Mashdurohatun, Anis; Mansyur, M. Ali
Yustisia Vol 4, No 3: December 2015
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v4i3.8682

Abstract

AbstractThe purpose of this research is identified the implementation of fair use/ fair dealingof book’s copyright of science and technology book on High Education in Central Java. This research conducted by sociological and juridical approach. The sampling technique with purposive nonrandom sampling. The data collection is used with literature study and field (observation, questionaires, and interview) for the author and users book. Analizing data is used with qualitative desctription analizing. The result shows that identification of implementation fair use/fair dealing of book’s copyright for development science and technology in High Education in Central Java has some problem with perception of users’s book society at Salatiga, Semarang District and the Semarang City, that cause of offence of book’s copyright, and low reward of moral rights and economic rights of creators/holders, also reading habit of people are low and purchasing power of people for books are very low, so because of it development of science and technology in High Education are needed fair use/fair dealing policy model of book’s copyrights of developing science and technology in High Education in Central Java with based balance rights value and utilization of books easy, which qualified in form of text books and e-Books in affordable price. AbstrakTujuan penelitian adalah untuk mengidentifikasi implementasifair use/ fair dealinghak cipta atas buku pengembangan IPTEK pada Pendidikan Tinggidi Jawa Tengah. Penelitian ini  dilakukan dengan menggunakan  pendekatan yuridis sosiologis. Teknik pengambilan sampel dengan menggunakan purposive nonrandom sampling. Adapun pengumpulan data dilakukan dengan studi kepustakaan dan lapangan (observasi, kuesioner dan wawancara) terhadap penulis dan pengguna buku. Analisis data dilakukan dengan menggunakan analisis deskriptif kualitatif. Hasil penelitian menunjukkan bahwa identifikasi implementasi fair use/fair dealing hak cipta atas buku dalam pengembangan IPTEK pada pendidikan tinggi di Jawa Tengah terkendala dengan beragamnya persepsi masyarakat pengguna buku di Salatiga, Kabupaten Semarang dan Kota Semarang, sehingga memicu terjadinya pelanggaran hak cipta atas buku, dan rendahnya penghargaan hak moral dan hak ekonomi pencipta/pemegang hak cipta, selain itu juga reading habit masyarakat yang rendah dan daya beli masyarakat terhadap buku masih sangat rendah, oleh karena itu dalam pengembangan IPTEK pada Pendidikan Tinggi diperlukannya kebijakan model fair use/fair dealing hak cipta atas buku dalam pengembangan IPTEK pada pendidikan tinggi di Jawa Tengah dengan berasaskan keseimbangan hak dan pemanfaatan buku yang menjamin aksebilitas buku mudah, yang berkualitas dalam bentuk buku teks dan e-Books dengan harga yang terjangkau.
PROBLEMATIKA PERLINDUNGAN HAK CIPTA DI INDONESIA Mashdurohatun, Anis
Yustisia Vol 1, No 1: April 2012
Publisher : Faculty of Law, Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/yustisia.v1i1.10600

Abstract

AbstractDevelopment of copyrighted works as part of the intellectual property rights that stem from results of  human creation gave birth to a right of the creator of the so-called copyright. Copyright inherent in the creator differs from other intellectual property rights, because the inherent consists of two types of rights, moral rights and economic rights. The problems of copyright protection in Indonesia is caused by several things including: Islamic view of Copyrights, the public's view of the Copyright, Still Lack Popularizing Copyright Act, the Purchaser is not in the questioning, and legal awareness. 
Co-Authors Aaty El-Sonbaty, Atta Abdel Abda Abda Abdul-Majeed Hamdoun, Abdullah Abiem Pandya Prasojo Achmad Sulchan Agus Finaningrum, Kiki Agus Supriyadi Agustina Suryaningtyas AHMAD FAISOL ahmad habibi Ahmad Zaki Mubarok Ahmed Rabie Ahmed Rabiie Akbar S, Muhammad Aqlizar Al-Farjani, Saleh Hashem Alden Juniedy Simanjuntak Alfarizi Lubis, Muhammad Fathur Alhaleem Maslat Harahsheh , Eid Abed Andaryanti, Yuni Andhika Buana Prasadhana Andi Kusuma 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 Ehwan Zamrudi 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 Istiniyati, Istiniyati Jawade Hafidz Junaidi Junaidi Kholifatul Aziz, Elfira Nur King On Putra Jaya Kismanto Kismanto Kristiawanto Lathifah Hanim Latifah Hanim Latifah Latifah M. Ali Mansyur M. Ali Mansyur, M. Ali 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 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 Pratama Hapsari, Ifahda Prihananto Prihananto Purwatik, Purwatik Rahmanto, Endy Satya Rekowarno Rekowarno Riska Fauziana Riskha Amaliya Lubis Rizal Anugrah Bachriar Rudi Iskandar Sahal Afhami Salman, Mohammed Abdullah Sari, Pebrina Permata Setiawaty, Dewi Setiyawan, Deni Setyaningsih Setyaningsih Sidauruk, Hamonangan Parsaulian 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 Utami, Fitri Pujianti Waruwu , Ingati Margaretha Wawan Setiyawan Widya Putri Idayatama Yeni Ratnasari Yurulina Gulo Yusfandi Usman YUZURU, SHIMADA Zulfikar Hanafi Bahri