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All Journal Lex Jurnalica (Ilmu Hukum) Afkaruna: Indonesian Interdisciplinary Journal of Islamic Studies Syiar Hukum: Jurnal Ilmu Hukum Yustisia Al-'Adalah JURNAL LITIGASI (e-Journal) FIAT JUSTISIA: Jurnal Ilmu Hukum Jurnal Cita Hukum Al-Ahkam LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Rechtsidee Jurnal Asy-Syari'ah Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Konstitusi Recital Review YUSTISI Istinbath: Jurnal Hukum dan Ekonomi Islam Kosmik Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Cepalo Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Yustisi: Jurnal Hukum dan Hukum Islam Al-Ahwal Al-Syakhsiyyah: Jurnal Hukum Keluarga dan Peradilan Islam Iqtishaduna : Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syariah VARIA HUKUM: Jurnal Forum Studi Hukum dan Kemasyarakatan Journal Equity of Law and Governance Bengkoelen Justice : Jurnal Ilmu Hukum Journal Of Sharia Banking Proceedings Series on Social Sciences & Humanities Jurnal Konstitusi INTERNATIONAL JOURNAL OF EDUCATION, INFORMATION TECHNOLOGY, AND OTHERS CITIZEN: Jurnal Ilmiah Mulitidisiplin Indonesia Refleksi Hukum: Jurnal Ilmu Hukum International Journal Mathla'ul Anwar of Halal Issues Jurnal Iman dan Spiritualitas Al-Manahij : Jurnal Kajian Hukum Islam Jurnal Hukum dan Peradilan Jurnal Ilmu Hukum Journal of Artificial Intelligence and Digital Business Innovative: Journal Of Social Science Research Gudang Jurnal Multidisiplin Ilmu Strata Social and Humanities Studies Causa: Jurnal Hukum dan Kewarganegaraan Jurnal Keadilan Pemilu Zona Law And Public Administration Indonesia Jurnal Media Akademik (JMA) SASI
Dede Kania
Fakultas Syariah Dan Hukum UIN Sunan Gunung Djati Bandung
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Implementation of the Notary Position Professional Code of Ethics in Cooperation with Banks Ridwan, Ahmad; Sakinah, Nailus; Anwar, Syahrul; Kania, Dede
Zona Law And Public Administration Indonesia Vol. 2 No. 1 (2024): JANUARY 2024
Publisher : Yayasan Mentari Madani

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The purpose of this research is to find out the implementation of the code of ethics of the notary profession in cooperation with the Bank. The notary profession has the main task of making authentic deeds that serve as written evidence to resolve legal disputes in the future. This is relevant to maintaining the integrity, fairness, and compliance of notaries with the code of ethics in cooperation with banks. The researcher used a qualitative method. The data collection techniques are sourced from journals, books, the internet. The results of his research state that cooperation between notaries and banks continues to occur or maybe notaries become bank subscriptions, several aspects need to be considered. The concept of independence remains valid as long as there is no written provision that regulates otherwise in the cooperation agreement. The independence of a Notary in carrying out his duties lies in the function of notarization or recording in writing and authentically in accordance with the wishes of the confronters. Notaries are not dependent on any party and may not be directed by any party, and must remain neutral towards the parties.
Judges’ Acceptance of Sharia-Inspired Laws in Indonesia Kusmayanti, Hazar; Kania, Dede; Prasetyoningsih, Nanik; Zainol, Zinatul Ashiqin
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 17 No. 2 (2023)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v17i2.7716

Abstract

It is fascinating how customary laws are accepted by judges in the Indonesian legal system. In Aceh, particularly, its customary law is inspired by sharia or Islamic law. In addition to the national law, this law also influences judges’ consideration in making their decisions. According to Van Den Berg’s theory of receptio in complexu, Islamic law has been recognized in Indonesian legal system as a customary law. This article tries to find out how judges accept sharia-inspired customary law to pass their decisions. The research used normative-legal method. Based on the research results, the author concluded the judge’s acceptance of customary law could be seen from a Sharia Court decision related to customary disputes. This decision was passed by the Takengon Sharia Court under No. 269/Pdt.G/2017/Ms-Tkn dated May 2, 2018. It concerned with the division of joint property. This decision referred to Islamic law in giving each party a half of the total assets after being deducted by the joint debts. This decision strengthened the foothold of Islamic law in customary law and national law enforcement, especially in Aceh Province. However, it would be a different case if the customary law was in conflict with Islamic law. In such a case, the panel of judges would not accept the customary law. An example of this was the case of adopted children. Rather than receiving an inheritance, as in the traditional parental communities, they would only receive a mandatory will. One of such decisions was the Aceh Sharia Court’s Decisions No. 125/Pdt.G/2011/MS and No.084/ Pdt.P/2016/MS.Bna.
Examining the Role of Indonesia's Constitutional Court as a Positive Legislator: Menelaah Peran Mahkamah Konstitusi Indonesia sebagai Legislator Positif Fikriya, Makhyatul; Sulastri , Dewi; Kania, Dede; Rizqia, Rania Nurul
Rechtsidee Vol. 12 No. 1 (2024): June
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v12i1.1022

Abstract

The judicial review process is pivotal in democratic governance, ensuring laws align with constitutional mandates. Constitutional Court Decision Number 90/PUU-XXI/2023, addressing amendments to Article 169, letter q of Law Number 7 of 2017 on Elections, has generated significant legal discourse. This study aims to analyze the legal dynamics within this judicial review, employing a descriptive-analytical methodology with a comparative approach. This involves comparing legal systems across different countries to understand the Constitutional Court's controversial role. Traditionally, the court's authority lies in acting as a negative legislator; however, in this case, it has taken on a role akin to a positive legislator, creating potential conflicts with the legislative body. The findings indicate a debate over the court's authority to add norms, revealing a fundamental tension between the judiciary and legislative functions. This decision introduces new legal implications, highlighting the necessity for further analysis to ensure the realization of substantial democracy. The study fills a knowledge gap by providing a comprehensive analysis of the court's expanded role, proposing solutive mechanisms to address the emerging legal challenges and maintain a balanced power dynamic between the judiciary and the legislature. This research underscores the importance of clear delineation of judicial and legislative responsibilities to uphold democratic principles. Highlights: The court's controversial role in amending election law norms. Debates over the court's authority and legislative implications. Need for solutions to maintain democracy and balance of power. Keywords: Judicial Review, Positive Legislator, Constitutional Court, Legal Authority, Democracy
PERAN DINAS PEMBERDAYAAN PEREMPUAN DAN PERLINDUNGAN ANAK (DP3A) KOTA BANDUNG TERHADAP PENYANDANG DISABILITAS KORBAN KEKERASAN SEKSUAL Faris, Andhiya Moza; Siregar, Muhammad Yusuf Hang Tuah; Muttaqin, Muhammad Zaqi; Kania, Dede
Citizen : Jurnal Ilmiah Multidisiplin Indonesia Vol. 4 No. 4 (2024): CITIZEN: Jurnal Ilmiah Multidisiplin Indonesia
Publisher : DAS Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53866/jimi.v4i4.653

Abstract

This study explores the vulnerability of persons with disabilities to sexual violence and the critical role of government intervention in providing psychological and legal support for victims. The Women Empowerment and Child Protection Agency (DP3A) of Bandung City is tasked with addressing such cases. This research aims to analyze DP3A's role in handling sexual violence against persons with disabilities, as well as the challenges and efforts in its implementation. Using a descriptive-analytical method with an empirical juridical approach, the study reveals that DP3A plays a pivotal role through preventive and repressive measures. Preventive efforts are carried out via socialization programs, while repressive efforts include legal and psychological assistance to ensure victims’ rights are upheld. However, challenges such as the limited number of counselors remain, prompting DP3A to collaborate with disability communities and related organizations. Based on Lawrence Meir Friedman’s legal system theory, the handling of sexual violence against persons with disabilities has yet to be fully effective. DP3A’s role is hindered by a lack of disability counselors and persistent societal stigma viewing persons with disabilities as weak. To enhance DP3A’s role, it is recommended to increase the number of counselors specializing in disabilities, intensify public outreach about DP3A’s functions, and provide education to reduce stigma against persons with disabilities. These efforts aim to create a more inclusive and supportive environment for addressing cases of sexual violence involving persons with disabilities
BISNIS KOMODITAS TERLARANG DALAM PERSPEKTIF ETIKA BISNIS HUKUM EKONOMI SYARIAH Putri Tri Cahyani; Syahrul Anwar; Dede Kania
Mu'amalat: Jurnal Kajian Hukum Ekonomi Syariah Vol. 16 No. 2 (2024): Desember
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/mu.v16i2.11757

Abstract

The rapid growth of the business world brings significant challenges in terms of legality and morality, particularly regarding the trade of prohibited commodities. Although such businesses are considered illegal in many countries, their circulation continues to expand. The trade in prohibited commodities, such as drugs, alcoholic beverages, and other forbidden products, not only violates national laws but also contradicts the principles of Sharia economic law. This study aims to examine how Sharia economic law views the trade of prohibited commodities from an ethical perspective and how Islamic norms can uphold moral principles and justice in global trade. The research employs a qualitative method with an in-depth literature review approach, drawing on various references related to commodity trade and Sharia economic law. The findings indicate that Sharia economic law emphasizes the importance of justice, welfare, and the prohibition of harmful practices such as usury (riba), uncertainty (gharar), and gambling (maysir). Any form of trade containing elements of harm (mafsadat) to society is prohibited in Islam. In conclusion, the Sharia economic law approach offers a strong ethical foundation to prevent the circulation of prohibited commodities and encourages the establishment of a more just and moral economic system.
Protecting Children's Rights in Marriage Dispensation Cases: Evidence from Religious Courts in Indonesia Kania, Dede; Fatoni, Siti Nur
Asy-Syari'ah Vol 25, No 2 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i2.43846

Abstract

Abstract: The protection of children's rights is essential to ensure their well-being and development. In Indonesia, Law No. 16 of 2019 raised the minimum marriage age to 19 years, yet marriage dispensation remains an option for underage marriage in exceptional circumstances. This research examines trends in marriage dispensation cases in West Java and their implications for children's rights. The study employs an empirical, philosophical, sociological, and historical juridical approach, analyzing decisions from ten religious courts between 2019 and 2021. Findings reveal a significant increase in marriage dispensation cases after the law's enactment, driven by fears of moral transgressions (87%) and pre-marital pregnancies (8%). Despite legal provisions, 99% of applications were granted, often prioritizing cultural and religious norms over the principle of the child's best interests. This study highlights the need for strengthened judicial oversight and community engagement to align legal practices with protecting children's rights. The findings call for more robust preventive measures and an evaluation of the dispensation process to ensure compliance with the rights-based framework.
Protecting Children's Rights in Marriage Dispensation Cases: Evidence from Religious Courts in Indonesia Kania, Dede; Fatoni, Siti Nur
Asy-Syari'ah Vol. 25 No. 2 (2023): Asy-Syari'ah
Publisher : Faculty of Sharia and Law, Sunan Gunung Djati Islamic State University of Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/as.v25i2.43846

Abstract

Abstract: The protection of children's rights is essential to ensure their well-being and development. In Indonesia, Law No. 16 of 2019 raised the minimum marriage age to 19 years, yet marriage dispensation remains an option for underage marriage in exceptional circumstances. This research examines trends in marriage dispensation cases in West Java and their implications for children's rights. The study employs an empirical, philosophical, sociological, and historical juridical approach, analyzing decisions from ten religious courts between 2019 and 2021. Findings reveal a significant increase in marriage dispensation cases after the law's enactment, driven by fears of moral transgressions (87%) and pre-marital pregnancies (8%). Despite legal provisions, 99% of applications were granted, often prioritizing cultural and religious norms over the principle of the child's best interests. This study highlights the need for strengthened judicial oversight and community engagement to align legal practices with protecting children's rights. The findings call for more robust preventive measures and an evaluation of the dispensation process to ensure compliance with the rights-based framework.
PERAN ETIKA PROFESI DALAM MENGATASI TANTANGAN TUGAS PENYELIA HALAL DI INDUSTRI HALAL DI INDONESIA Cahyani, Putri Tri; Kania, Dede; Anwar, Syahrul; Fitriyani, Fitriyani
International Journal Mathla’ul Anwar of Halal Issues Vol. 5 No. 1 (2025)
Publisher : Universitas Mathla’ul Anwar Banten

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30653/ijma.202551.120

Abstract

This study aims to analyze the challenges faced by halal supervisors in Indonesia and examine the role of professional ethics in addressing these challenges. The study employs a qualitative approach with a literature review method, gathering data from various sources such as scholarly journals, books, and official documents. The analysis is conducted descriptively and analytically to understand the relevance of professional ethics in supporting the duties of halal supervisors. The findings indicate that the application of professional ethics, which includes values such as honesty (shiddiq), trustworthiness (amanah), professionalism (fathanah), and sincerity, serves as a primary solution in overcoming various challenges faced by halal supervisors in Indonesia's halal industry. These ethical principles not only preserve the integrity of halal supervisors but also provide concrete guidance in addressing moral dilemmas, such as pressures to relax halal standards and conflicts of interest. The ethical values outlined in SKKNI No. 215 of 2016, such as accuracy, precision, independence, and objectivity, assist halal supervisors in performing their duties to high standards, ensuring product halalness, and maintaining transparency in decision-making. While technical training is important, this study emphasizes the need for training programs that integrate the strengthening of ethical values and real-case simulations to prepare halal supervisors for more complex challenges. Thus, professional ethics plays a strategic role not only in supporting the execution of halal supervisors' duties but also in reinforcing public trust in halal products in Indonesia.
A COMPARATIVE ANALYSIS OF THE INDONESIAN AND PHILIPPINE JUDICIAL SYSTEMS: IDENTIFYING THE ROLE OF CUSTOMARY COURTS Kusmayanti, Hazar; Dewi Judiasih, Sonny; Kania, Dede; Sulastri, Dewi
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3677

Abstract

Customary dispute resolution institutions in Indonesia and the Philippines serve to provide indigenous peoples with access to justice beyond state courts. This research, employing a normative juridical approach with a descriptive-analytical specification, highlights key differences between the two systems. In Indonesia, customary courts derive recognition from the 1945 Constitution, while in the Philippines, they are explicitly regulated under the Indigenous Peoples’ Rights Act (IPRA) of 1997, leading to greater integration with the national legal system. Indonesian customary courts handle a broader range of disputes, whereas Philippine customary courts primarily focus on land rights and natural resource management. Additionally, Indonesian customary court decisions often face dualism in the application of customary and national law when reviewed by state courts, while Philippine customary court decisions are more systematically recognized and enforced within the formal legal framework.
COMPARISON OF THE APPLICATION OF RESPONSIVE LEGAL THEORY IN RESPONDING TO SOCIAL CHANGE IN THE CRIMINAL LAW AND CIVIL LAW Afaf Naufal Pahlevi; Nengsarah Permatasari; Dede Kania
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 1 (2025): April 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i1.40023

Abstract

Philippe Nonet and Philip Selznick stated that responsive law is a law that is oriented to the fulfillment of social needs and is able to adapt according to the dynamics of society. This study aims to compare the application of responsive legal theory in responding to social changes in the field of criminal and civil law. The research method used is normative or doctrinal legal research with a conceptual and comparative approach. The conceptual approach is used to understand the basic principles of responsive legal theory that emphasize legal flexibility in dealing with social dynamics. A comparative approach is applied to analyze the similarities and differences in the application of this theory in criminal and civil law. The results show that the application of responsive law theory in criminal law tends to focus on the rehabilitation of perpetrators and the restoration of social relations through a restorative justice approach. On the other hand, in civil law, this theory is implemented through flexible alternative dispute resolution, such as mediation and arbitration, which considers substantive justice for the parties to the dispute. Although the goals and processes in these two areas of law are different, they emphasize the need for legal adaptation to social changes and societal needs. Thus, responsive legal theory is expected to be able to create a legal system that is more inclusive, fair, and relevant to the development of Indonesian society. Keywords: Civil Law, Criminal Law, Responsive legal theory, Social Change.
Co-Authors Abdullah, Fadli Daud Afaf Naufal Pahlevi Afriansyah, Mochammad Rizky ahmad arifin Ahmad Ridwan Ahmad, Fayiz Syafiq Aldira Dean Pratama Andhiya Moza Faris Anggarainiko, Litya Surisdani Anggraeniko, Litya Surisdani Anita Afriana Anjani, Nur Anwar, Shahrul Burhanuddin Burhanuddin Burhanuddin Burhanuddin Cahyani, Putri Tri Chairunnisa, Madiha Dzakiyyah Darodjat, Rafan Dea Dahlia Dede Mulyanto Deri Afwan Dewi Sulastri Difky Maulana N. F Endeh Suhartini Faris, Andhiya Moza Fatoni, Siti Nur Faturokhman, Aziz Fikriya, Makhyatul Fitriyani Fitriyani Galuh Puspaningrum Habibah Arifin, Desi Siti Hafidah Ulya Adila Hazar Kusmayanti Hazar Kusmayanti Hazar Kusmayanti Hazar Kusmayanti, Hazar Humaira Siti Salma, Shofya Hyung-Jun Kim Idzam Fautanu Imam Muttaqin, Faruqi Ine Fauzia Irfan Muhammad Ihsanuddin Juarsa, Eka Litya Surisdani Anggraeniko Masykur, Mohammad Hamidi Maulana, Ramza Fatria Mauludiyah, Sri Mochammad Rizky Afriansyah Muhammad Islah Siregar Muhammad Miftahul Ikhsan Mutaqien, Gildan Muslim Muthiara Angraeni Muttaqin, Muhammad Zaqi Najamudin Najamudin Najib, Moh. Nanik Prasetyoningsih Nengsarah Permatasari Neni Nuraeni Neni Nuraeni, Neni Neni Sri Imaniyati Nur Syahidah Dharmawan, Syifa Nurrohman Syarif, Nurrohman Nursamsi, Widia Nurwijayanti Palah, Nurul Patmanasari, Rike Putri Tri Cahyani Qolbun Salim, Muhammad Rahmanillah, Vienka Rahmannillah , Vienka Rajamanickam, Ramalinggam Ramalinggam Rajamanickam Ridwan, Ahmad Hasan Rifqi Lidzikrirrofiqi, Muhammad Riswadinata, Indra Rizky Kurnia, Agam Jabar Rizky Munandar Rizqia, Rania Nurul Rusman Rusman Saepi, Saepi Saepullah, Usep Safira Nur Arifah Safitriani, Mida Sakinah, Nailus Salma, Nida Sheva Al-Hambra Siregar, Muhammad Yusuf Hang Tuah Siti Masyitoh Siti Nur Fatoni Siti Nurfatoni Sofie Mayda Sugihfauzia Permana Sonny Dewi Judiasih Sri Mulyanti, Asti Sujana, Ahmad Sulastri , Dewi Sulastri, Dewi Sulistiyo, Budi Suntana, Ija Susanto, Yoghi Arief Syahrul Anwar Syahrul Anwar Tedi Priatna Teti Saputri Tierra Kresna Umi Kulsum, Siti Sarah Widia Nursamsi Yoghi Arief Susanto Zinatul Ashiqin Zainol