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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 al-Afkar, Journal For Islamic Studies 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 DAS SEIN: Jurnal Pengabdian Hukum dan Humaniora 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 Jurnal Dinamika Hukum
Dede Kania
Fakultas Syariah Dan Hukum UIN Sunan Gunung Djati Bandung
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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

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; Permatasari, Nengsarah; 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.
Gender Equality Implementation in Women’s Legal Cases in Religious Courts Kania, Dede; Fatoni, Siti Nur; Kusmayanti, Hazar; Rahmanillah, Vienka
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25472

Abstract

This article analyses the implementation of the Supreme Court Regulation Number 3 of 2017 concerning Guidelines for Trial of Cases Involving Women Facing Legal Challenges (which is then written as SC Reg. 3/2017) in Religious Affairs Courts. This regulation provides a guideline and serves as a reference point for judges which helps them to better understand and implement the principles of gender equality and non-discrimination in hearing and trying a case involving women. This study employs juridical-empirical approach method and purposive sampling as the data collection technique in interviewing several judges at multiple religious affairs courts in Java Island, as well as in literature review. The result of this study shows that judges at religious affairs courts have adopted Supreme Court Regulation Number 3 of 2017 (hereinafter, SC Reg. 3/2017), although in their practices, even after four years since the enactment, there still isn’t any consensus or shared views amongst judges in implementing matters such as post-divorce women’s rights, especially regarding verstek (in absentia) judgment. However, several religious affairs court judges have shown a good understanding of equality between men and women, indicated by judgments that favours women. Religious court judges in their ex officio capacity may grant rights to divorced wives, even if they are not requested.
Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java Kusmayanti, Hazar; Kania, Dede; Sulastri, Dewi; Suhartini, Endeh; Rajamanickam, Ramalinggam
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1467

Abstract

Introduction:  The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research:  In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).
Study of Indonesia's Economic Development Based on Sharia Economic Law Philosophy and MUI Fatwa Juarsa, Eka; Syarif, Nurrohman; Kania, Dede; Imaniyati, Neni Sri
Syiar Hukum Volume 23, No 1 (2025) : Syiar Hukum : Jurnal Ilmu Hukum
Publisher : Fakultas Hukum, Universitas Islam Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29313/shjih.v23i1.14509

Abstract

This library research focuses on books and literature as primary sources. It provides an overview of Indonesia's economic development from the perspective of sharia economic law philosophy and its application in DSN-MUI fatwas. Islamic economic philosophy is rooted in the Qur'an and Sunnah, which also guide DSN-MUI in formulating fatwas addressing economic issues. DSN-MUI plays a strategic role in developing sharia economic law to meet society's need for legal fatwas on economic activities, particularly in response to evolving product innovations.
Co-Authors Abdullah, Fadli Daud Afaf Naufal Pahlevi Afriansyah, Mochammad Rizky Agi Attaubah Hidayat ahmad arifin Ahmad Ridwan Ahmad, Fayiz Syafiq Aldira Dean Pratama Aldira Dean Pratama Andhiya Moza Faris Andhiya Moza Faris Anggarainiko, Litya Surisdani Anggraeniko, Litya Surisdani Anita Afriana Anjani, Nur Anwar, Shahrul Asti Sri Mulyanti 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 Kharissa, Silviana Cindy Litya Surisdani Anggraeniko Masykur, Mohammad Hamidi 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 Neni Nuraeni Neni Nuraeni, Neni Neni Sri Imaniyati Nur Syahidah Dharmawan, Syifa Nur ‘Azah Nurrohman Syarif, Nurrohman Nursamsi, Widia Nurwijayanti Palah, Nurul Patmanasari, Rike Permatasari, Nengsarah Putri Tri Cahyani Qolbun Salim, Muhammad Rahmanillah, Vienka Rahmannillah , Vienka Rajamanickam, Ramalinggam Ramalinggam Rajamanickam Ramza Fatria Maulana Ridwan, Ahmad Hasan Rifqi Lidzikrirrofiqi, Muhammad Riswadinata, Indra Rizki Aji Permana Rizky Kurnia, Agam Jabar Rizky Munandar Rizqia, Rania Nurul Romadhon Rusman Rusman Saepi, Saepi Saepullah, Usep Safira Nur Arifah Safitriani, Mida Sajidah, Hurun Sakinah, Nailus Salma, Nida Sheva Al-Hambra Siregar, Muhammad Yusuf Hang Tuah Siti Nur Fatoni Siti Nurfatoni Sofie Mayda Sugihfauzia Permana Sonny Dewi Judiasih Sujana, Ahmad Sulastri , Dewi Sulastri, Dewi Sulistiyo, Budi Suntana, Ija Susanto, Yoghi Arief Syahrul Anwar Syahrul Anwar Tedi Priatna Teti Saputri Tia Ludiana Tierra Kresna Umi Kulsum, Siti Sarah Widia Nursamsi Yoghi Arief Susanto Zinatul Ashiqin Zainol