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All Journal International Journal of Public Health Science (IJPHS) Masalah-Masalah Hukum Jurnal Media Hukum El-Mashlahah Jurnal Hukum IUS QUIA IUSTUM Jurnal Akta MATAPPA: Jurnal Pengabdian Kepada Masyarakat Jurnal Surya Masyarakat Nation State : Journal of International Studies Jurnal Yuridis Pena Justisia: Media Komunikasi dan Kajian Hukum PERSPEKTIF Abdi: Jurnal Pengabdian dan Pemberdayaan Masyarakat Jurnal Ilmiah Dunia Hukum Bubungan Tinggi: Jurnal Pengabdian Masyarakat Jurnal Surya Masyarakat Jurnal Penegakan Hukum dan Keadilan Jurnal Pengabdian dan Peningkatan Mutu Masyarakat (JANAYU) Jurnal Rechts Vinding : Media Pembinaan Hukum Nasional Media of Law and Sharia Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Prosiding Seminar Nasional Program Pengabdian Masyarakat Al-Manahij : Jurnal Kajian Hukum Islam Jurnal Hukum Indonesia International Journal of Sustainability in Research (IJSR) Journal of Islamic World and Politics LAWPASS SASI Journal of Law and Legal Reform Media of Law and Sharia Jurnal Legislasi Indonesia Jurnal Jurisprudence Kesmas: Jurnal Kesehatan Masyarakat Nasional (National Public Health Journal)
Nanik Prasetyoningsih
Universitas Muhammadiyah Yogyakarta
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemical Engineering, Chemistry & Bioengineering Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Medicine & Pharmacology Public Health Social Sciences Other

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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.
Eradicating the Spread of LGBT Through Maqashid Ash-Shari'ah Based Family Law: A Transcendental Prophetic Review Firmansyah, Indra; Prasetyoningsih, Nanik; Miftah Farid, Achmad
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 2 (2024): June
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i2.20

Abstract

Islam regulates human behavior, including biological relationships and offspring preservation. LGBT individuals face discrimination in society, with 3% of Indonesians being LGBT. LGBT activists often seek human rights that contradict Islamic law, accusing Islam of obstructing freedom of opinion. Islam disagrees with curbing natural sexual instincts, viewing them as gifts from Allah.This study aims to analyze the phenomenon of Lesbian, Gay, Bisexual, and Transgender (LGBT) as a moral deviation in Maqashid Ash-Shari’ah society under the perspective of, or seeking the purpose and wisdom of Islamic Rules related to this deviant phenomenon. Generally, this study explores the meaning of Islam in responding to deviations in humanity, including the LGBT which was classified as deeds cursed by Allah SWT.
Penegakan Hukum HAM dalam Bingkai Hukum Progresif Berdasarkan Kasus Paniai di Papua Rufaidah Rufaidah; Nanik Prasetyoningsih
Media of Law and Sharia Vol. 4 No. 2: March 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i2.16

Abstract

In Indonesia, there is a need for a new legal breakthrough in the enforcement of human rights law. Progressive law can be used as a legal thought in enforcing human rights law. Considering progressive law is a law that does not rely on the text of the law alone but can be sourced from the values of people's lives. This study will discuss the Enforcement of Human Rights Law in a Progressive Legal Perspective. Efforts to enforce human rights law and protect human rights in Indonesia, apart from being regulated through regulations, can also be legally processed through human rights courts. The thing that underlies the urgency of the Progressive legal approach is that the judiciary, which is a justice enforcement agency, has not provided the best results in the justice enforcement process. What needs to be emphasized and underlined is that progressive law is different from other laws which prioritize strict procedures rather than prioritizing the objectives of the law itself. Enforcement of human rights law is often difficult, due to the many requirements and regulations as well as political dynamics that hinder the legal process for enforcing human rights law. Komnas HAM as an institution that has responsibility for the implementation of human rights law enforcement, preferably in the process of resolving human rights law, or seeking human rights justice, does not only build a legal rationale based on the positivistic paradigm.
Analisis Dampak Reklamasi Pantai Manado dari Sudut Pandang Hak Asasi Manusia Hikmah Zougira; Nanik Prasetyoningsih
Media of Law and Sharia Vol. 4 No. 4: September 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i4.33

Abstract

The development of coastal areas using reclamation is an activity that is quite active in the city of Manado. Many coastal communities do not agree with reclamation because this activity is considered to only bring problems for them. loss of sea area as a place of livelihood is the core problem of reclamation, as a result, this has an impact on the economic decline of coastal communities. The purpose of this study regarding Manado Beach reclamation is to examine it from a human rights perspective. This research method is normative-empirical. Based on the results of Manado reclamation research, it has violated the human rights inherent in fishermen, this violates the Republic of Indonesia Law Article 28, Law 39/1999 Article 1 (1), Law No 1/2014 in conjunction with Law No 27/2007 Article 1 (31), Law No 27/2007 Article 23 (5), Article 34 (2), Article 63 (1), Permen No 25/PERMEN-KP/2019 Article 16 (1) and Manado City Regional Regulation No 1/2017 Article 23(2). As a result of this behavior, the perpetrators can be tried with sanctions written in the Minister of Maritime Affairs and Fisheries Regulation No. 25/PERMEN-KP/2019 Article 17 (1), (2), (3) in general, the holder of a reclamation permit is obliged to provide compensation to people who affected by reclamation activities.  
Independensi Lembaga Komisi Pemberantasan Korupsi Pasca Putusan Mahkamah Konstitusi Nomor 36/Puu-Xv/2017 Muhammad Rakha Ramadhan; Nanik Prasetyoningsih
Media of Law and Sharia Vol. 5 No. 3: June 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v5i3.60

Abstract

Fundamental changes occurred in the independent nature of the Corruption Eradication Commission (KPK) after the publication of Constitutional Court Decision Number 36/PUU-XV/2017, which before this decision was issued, the KPK was a state institution with independence in carrying out its duties and authority, namely enforcing and eradicating criminal acts. corruption, seeing that the Corruption Eradication Commission (KPK) in the Indonesian constitutional system is a state auxiliary (auxiliary state institution) with the characteristic of having independence. This legal research aims to examine the independence of the Corruption Eradication Commission (KPK) after the Constitutional Court decision Number 36/PUU-XV/2017. Explains the independence of independent state institutions in the Indonesian constitutional system, as well as the independence of the KPK institution as one of the independent state institutions following the Constitutional Court decision Number 36/PUU-XV/2017 concerning the dispute over the authority to grant the House of Representatives (DPR) questionnaire to the KPK institution. This research uses normative legal research methods which focus on positive law and legal doctrines. The types and sources of legal materials used in this research are primary legal materials, secondary legal materials, and tertiary legal materials. The technique for collecting legal materials is carried out by means of literature study, by reviewing and analyzing legal materials that are relevant to this research. The results of the research carried out by the author in this thesis are the weakening of the independence of the Corruption Eradication Commission as one of the independent auxiliary state institutions in the Indonesian constitutional system after the Constitutional Court decision Number 36/PUU-XV/2017 which decided that the DPR could use its right of inquiry. to the independent institution KPK.
Women's Inheritance Rights in Indonesia from the Perspective of the Triangular Concept of Legal Pluralism Suharsono, Agus; Prasetyoningsih, Nanik; Usman, Sunyoto
El-Mashlahah Vol 14 No 2 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v%vi%i.7657

Abstract

Indonesia's plural legal system, which includes Islamic, customary, and national laws, often leads to disparities in women's inheritance rights, particularly when national and customary laws interact, frequently disadvantaging women. This study aims to analyze the inheritance rights of girls in Indonesia through the lens of Wermer Menski's triangular concept of legal pluralism. It Utilizing uses a doctrinal approach focusing on legislative frameworks, concepts, cases, and interpretations,. Then, the research relies on secondary data, including primary and secondary legal materials, to draw conclusions and make recommendations. The findings reveal that inheritance rights are typically reserved for sons in patrilineal societies, while daughters are excluded but may receive gifts from the inheritance. Customary law prioritizes family harmony in inheritance distribution, allowing dissatisfied parties to pursue legal action. However, judicial decisions at lower courts vary, with some adhering to customary law that denies daughters inheritance rights while others apply state law granting daughters equal rights. The Supreme Court's Cassation Decision Number 197K/Sip/1961 affirmed equal inheritance rights for daughters, a consistently upheld stance culminating in jurisprudence Number 3/Yur/Pdt /2018. Analyzing this development through Menski's legal pluralism model suggests that women's inheritance rights in Indonesia have evolved to from level- 2 to level- 4, recognizing international legal influences. Meanwhile, Level- 5 is not by Indonesian law because the element of religious law is removed and replaced with natural law. For Level 5 to follow Indonesian law based on the Almighty God, further research is still needed.
The Potential and Challenges of Implementing the Omnibus Method in Indonesia: Lessons from Other Countries Prasetyoningsih, Nanik
Jurnal Ilmiah Dunia Hukum VOLUME 9 ISSUE 1 OCTOBER 2024
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jidh.v9i1.5389

Abstract

This article seeks to provide an analysis of the issue of over-regulation and the solutions offered by the omnibus method, as well as to examine the application of the omnibus method from a comparative study perspective. The research method employed is normative juridical, using a statutory approach (state approach) and a comparative approach. The data used includes primary data and secondary data, such as relevant legislation and various articles and information from literature sources. The findings indicate that the omnibus method is effective in reducing regulatory burdens, enhancing efficiency, and fostering innovation. In Canada, for instance, implementation through the Budget Implementation Act 2012 led to more responsive policies, although it faced criticism for reducing transparency. In Australia, the Omnibus Repeal Day Bills succeeded in lowering regulatory compliance costs but attracted attention regarding public interest protection. Meanwhile, in the United States, the Consolidated Appropriations Act demonstrated the omnibus method's ability to expedite budget approvals, despite concerns about reduced transparency. In conclusion, although the omnibus method offers promising solutions to address over-regulation, its implementation in Indonesia faces complex challenges, such as low regulatory coordination, resistance to change, and limited public participation. This highlights the importance of an inclusive approach and ongoing evaluation to achieve effective and equitable regulatory reform.
IMPLEMENTASI E-TAX COURT DAN PERAN ARTIFICIAL INTELLIGENCE UNTUK OPTIMASI KINERJA HAKIM PENGADILAN PAJAK DI INDONESIA Suharsono, Agus; Prasetyoningsih, Nanik
Jurnal Rechts Vinding: Media Pembinaan Hukum Nasional Vol 13, No 2 (2024): Masa Depan Profesi Hukum di Indonesia
Publisher : Badan Pembinaan Hukum Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33331/rechtsvinding.v13i2.1787

Abstract

This study analyzes the implementation of the E-Tax Court and proposes the development of using Artificial Intelligence to optimize the performance of Tax Court Judges in Indonesia to make decisions. This doctrinal research uses a legislative, conceptual, and interpretation approach, the data studied in the form of secondary data including primary and secondary legal sources are collected by observation and literature study, which is analyzed using content analysis to make conclusions and recommendations. The study results show that the Supreme Court has already implemented E-Court, which has been proven to simplify and speed up the judicial process and provide legal certainty for justice seekers. In the past year, the Tax Court has also implemented the E-Tax Court to accelerate the process of resolving tax disputes, which from year to year is very large compared to the number of judges, so the performance targets to decide are also huge. This research proposes the development of an E-Tax Court using Artificial Intelligence because, with the right prompt, it can quickly and accurately summarize the long text of the written opinions of the parties to make a judge's opinion in a decision. However, this study does not recommend the use of Artificial Intelligence to make judgments because it is unethical. This research proposal needs further testing before being integrated into the E-Tax Court.
Skema KKN Tematik Reguler Pemilu Dan Kebangkitan Ekonomi (Pemberdayaan Masyarakat Desa Randusongo Melalui Literasi Digital Marketing) Zulfakar, Andi Ahmad; Diandra, Aditya Rizki; Wicaksono, Annas; Fadholah, Arno; Oktaviana, Adelia Haninditya; Aji, Dodi Setya; Shaffira, , Kiran Nathania; Sari, Meilyana Cipta; Sahara, Oktavia Putri; Ardhanaisvara, Putri Adinda; Prasetyoningsih, Nanik
Prosiding Seminar Nasional Program Pengabdian Masyarakat Vol. 7 No. 1 (2024): SIBISA - Seminar Nasional Pengabdian kepada Masyarakat UMY 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/ppm.71.1250

Abstract

Community Service Program (KKN) Group 123 was held in Randusongo Hamlet, Donokerto, Turi District, Sleman Regency, Yogyakarta. This KKN lasted for 1 month starting on January 11, 2024 - February 11, 2024. Randusongo Hamlet has several problems with UMKM, namely regarding digital marketing problems in the context of UMKM marketing. Therefore, we held a socialization to the Randusongo hamlet community which focused on marketing procedures through online media. The method used in this activity is to provide an explanation of the use of social media, share experiences, discussions, direct practice of creating social media accounts (Tiktok, Shopee, Instagram and others), in order to make them attractive to buyers (pictures, words, prices, and others). The results show that some business people actively use social media as their promotional tool, some others use it occasionally, and the rest of the Randusongo hamlet community has never used social media marketing due to lack of technology skills. So the conclusion of this activity is that the community as UMKM actors has increased their knowledge related to their understanding of digital marketing properly. In addition, the socialization and FGD methods make it easier for the community to understand digital marketing material. The implication of this research is that UMKM actors who are the target of this socialization are able to create a good business image (branding), logo and packaging for the efficiency and effectiveness of the performance of the businesses they run. The success of this KKN program is reflected in the spirit of close cooperation between the KKN team, the hamlet head, the local community, and the campus, which shows that community service-oriented higher education can have a significant positive impact on the local community.
The Law Enforcement in Indonesia: Progressive Legal Perspectives and Islamic Law Hendrix Adinata; Nanik Prasetyoningsih
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i4.35172

Abstract

Many law enforcement in Indonesia adhere to a positivistic legal paradigm, namely interpreting the law textually from articles written in statutory regulations only. Meanwhile, in society, there are positive values and religious norms that are often ignored and violated in law enforcement. This normative juridical legal research aims to find out and analyze how law enforcement in Indonesia is viewed from the perspective of progressive law and Islamic law. The research results show that progressive law can be a solution and alternative for law enforcement that can reflect society's values of justice. To uphold the values of justice in society, law enforcement officials must have a progressive perspective that frees them from the shackles of legal formalities. Meanwhile, from the perspective of Islamic law, law enforcement is carried out using the ijtihad method to resolve the cases faced fairly and to satisfy the parties seeking justice. Ijtihad must be carried out by a mujtahid who has fulfilled the requirements and has the authority and competence to uphold Islamic law. Ijtihad is also a way to make Islamic law have the same characteristics as progressive law so that its existence can be accepted in every era, regardless of place.
Co-Authors Adilah, Indira Naquita Agus Suharsono Ahmad Catur Adinugroho Aji, Dodi Setya Al Fath, M. Reformis Allan Fatchan Gani Wardhana, Allan Fatchan Gani Amirullah, Muhammad Nur Rifqi Ardhanaisvara, Putri Adinda Arie Kusuma Paksi Ascobat Gani Astuti, Sri Indah Banuaji, Muhammad Rahul Budiman, Nikko Dede Kania Diandra, Aditya Rizki Dianita Sugiyo, Dianita Dyah Pikanthi Diwanti Fadholah, Arno Fathi, Muhammad Fauzi, Muhammad Oky Ferdin Okta Wardana Firmansyah, Indra Firmansyah, Shandy Herlian Fuadi, Gumilang Gunawan Wibisono Hazar Kusmayanti, Hazar Hendrix Adinata Hikmah Zougira Hilman, Zihan Maulida Mulyani Ilham Putra Irma Purwaningsih Irrynta, Dwilani Iswandi, Kelik Iwan Satriawan Jamrudin, Hasrin Kelik Iswandi Leli Joko Suryono, Leli Joko Lis Noer Aini, Lis Noer M Adi Setiawan M. Reformis Al Fath Mahbub Pasca Al Bahy Marlinda, Ajeng Puspa Miftah Farid, Achmad Moh. Lubsi Tuqo Romadhan Muchammad Ichsan Muhammad Oky Fauzi Muhammad Rakha Ramadhan Muhari Muhari Mujiyana Mujiyana Nur Aida Ikrima Nur Fadilah Al Idrus Oktaviana, Adelia Haninditya Paksi, Arie Kusuma Podungge, Ismi Pratiwi Pratama, Sazia Aushar Chazradj Pujiono Pujiono Purwaningsih, Irma Putri, Windy Virdinia R. Yulianus Gatot Rahayu Werdiningih, Sri Rahmaddhani, Tiara Wiji Rettob, Fikram Ritonga, Sheila Hamdah Hanum Riyanto, Aisyah Ajeng Putri Rohadi, Ahmad Nur Romadhan, Moh. Lubsi Tuqo Rufaidah Rufaidah Rukmanda, Madha Agsyanohabi Sahara, Oktavia Putri Salma Aulia Farahdina Ariani Sambora, Riky Sari, Meilyana Cipta Shaffira, , Kiran Nathania Shandy Herlian Firmansyah Sulidewi, Nuraisyah Sunyoto Usman Supono Supono Tamara, Amelia Puspa Tanto Lailam Wardhana, Allan Wempy Setyabudi Hernowo Wicaksono, Annas wiranda, aditya nefa Wrediningsih, Sri Yeni Widowaty Yudi Setiawan Yulianto Achmad Yulianto Achmad Zaid Zaid Zinatul Ashiqin Zainol Zulfakar, Andi Ahmad Zulianto, Restu Andi