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Review Of Marital Rape In Law No. 23 Of 2004 Concerning The Elimination Of Household Violence (TPKDRT), And Law No. 12 Year 2022 Concerning Criminal Acts Of Sexual Violence (TPKS) Feminism Perspective Ulfa Fitriyah; Busriyanti Busriyanti; Sri Lumatus Sa'adah
Jurnal Syntax Admiration Vol. 4 No. 8 (2023): Jurnal Syntax Admiration
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jsa.v4i8.637

Abstract

Violations regarding sexual harassment need to be known so far; according to the public perspective, it is generally interpreted as adultery, samen leven (cohabitation), homosexuality, obscenity, prostitution, and acts of violence committed by a man against a woman, both of whom are not married. Such is the scope of sexual harassment that has been understood so far. Often there is no term regarding rape committed by a husband against his wife, or what we are currently familiar with is marital rape. Even marital rape is considered an oxymoron. However, even though it is still ambiguous, the facts that emerge based on reports in various complaint institutions indicate a high prevalence related to marital rape. Therefore this study aims to answer the research problem, Marital Rape in Law No. 23 of 2004 concerning the Elimination of Domestic Violence , and Law No. 12 of 2022 concerning Crimes of Sexual Violence ? and How to study the criminal sanctions of Marital Rape in Law no. 23 of 2004 concerning the Elimination of Domestic Violence , and Law no. 12 of 2022 concerning Crimes of Sexual Violence from a Feminism Perspective? This research uses a type of normative legal research using the method of literature and statutory approaches. Data collection techniques using data analysis were carried out using inductive descriptive techniques, the validity of which was content analysis. The results of this research show the elements of marital rape in the Law of concerning the Elimination of Domestic Violence , the Crimes of Sexual Violence, sanctions, and how these laws respond to marital rape behavior, and philosophically based on feminist legal theory, the legislation represents the feminist movement itself.
Design of The “Merdeka Belajar” Program for Students of High School Education Choiron Firmansyah; Ubaidillah Ubaidillah; Busriyanti Busriyanti
Munaddhomah: Jurnal Manajemen Pendidikan Islam Vol. 4 No. 1 (2023): Management of Islamic Education
Publisher : Prodi Manajemen Pendidikan Islam Pascasarjana Institut Pesantren KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/munaddhomah.v4i1.328

Abstract

Merdeka Belajar Program is a policy that aims to encourage students to master various competencies and knowledge that are important and useful when entering the world of work. This article reveals the Design Of The “Freedom to Learn” Program For Students Of High School Of Education Miftahul Midad Lumajang. In this type of qualitative research with a case study approach, the data is obtained from interviews, observation, and documentation then analyzed with the condensation stage, data display, and conclusion. The research findings show that based on the results of the study, it can be concluded that several programs implemented at Madrasah Ibtidaiyah 01 Candipuro are active literacy and numeracy programs for low-grade students, active programs visiting the library, entering class programs, extracurricular programs, exam success programs, helping adaptation technology using laptops or Android, assisting in the preparation of e-reports, as well as other administration needed by the school. Some designed programs can be implemented correctly according to the targeted objectives.
The Trend of Choosing Not to Have Children (Childfree) Perspective of the Concept of Interplay (Mubadalah) Nurul Kartika Laili; Busriyanti; Lutfi Nur Cahyono
Jurnal Syntax Admiration Vol. 4 No. 9 (2023): Jurnal Syntax Admiration
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jsa.v4i9.716

Abstract

The principle of mutual relations applies to husbands and wives, parents and children, individuals and families, employers and employees, government and citizens, and all individual citizens of the country. On the scale of family and small communities, someone who desires comfort must also provide comfort to others. The purpose of this research is to describe and analyze the phenomenon of childfree individuals in Indonesia and to describe and analyze the trend of choosing not to have children (childfree) from the perspective of the concept of mutual relations (mubadalah). This research uses a normative legal research method. The design in this research is a literature review (library research) using various literary sources as data sources in the study. The data collection technique in this research uses documentary techniques. The results of this research indicate that the childfree trend has five reasons, namely: a) personal reasons, in this case, the emotional and psychological aspects, b) psychological and medical reasons, which involve subconscious and physical aspects, c) economic reasons, relating to financial matters, d) philosophical reasons, related to principles, and e) environmental reasons, relating to the macrocosmic aspect.
Design of The “Merdeka Belajar” Program for Students of High School Education Choiron Firmansyah; Ubaidillah Ubaidillah; Busriyanti Busriyanti
Munaddhomah: Jurnal Manajemen Pendidikan Islam Vol. 4 No. 1 (2023): Management of Islamic Education
Publisher : Prodi Manajemen Pendidikan Islam Pascasarjana Institut Pesantren KH. Abdul Chalim Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31538/munaddhomah.v4i1.328

Abstract

Merdeka Belajar Program is a policy that aims to encourage students to master various competencies and knowledge that are important and useful when entering the world of work. This article reveals the Design Of The “Freedom to Learn” Program For Students Of High School Of Education Miftahul Midad Lumajang. In this type of qualitative research with a case study approach, the data is obtained from interviews, observation, and documentation then analyzed with the condensation stage, data display, and conclusion. The research findings show that based on the results of the study, it can be concluded that several programs implemented at Madrasah Ibtidaiyah 01 Candipuro are active literacy and numeracy programs for low-grade students, active programs visiting the library, entering class programs, extracurricular programs, exam success programs, helping adaptation technology using laptops or Android, assisting in the preparation of e-reports, as well as other administration needed by the school. Some designed programs can be implemented correctly according to the targeted objectives.
Legal Protection of Women's and Children's Rights in Religious Court Divorce Decisions Hidayatur Rahman; Sri Lum'atus Sa'adah; Busriyanti
Jurnal Syntax Admiration Vol. 4 No. 11 (2023): Jurnal Syntax Admiration
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jsa.v4i11.796

Abstract

Protection of women and children in the context of marriage, not only during marriage but after divorce. Protection of women and children after divorce has gained legality since the existence of SEMA No. 3 of 2018. Since the birth of SEMA, women have been able to claim their rights even through divorce, as was the case in the Jember Religious Court decision. This research was conducted to find out 1) How the Judges of the Jember Religious Court considered the post-SEMA no. 3 of 2018. 2) What is the legal protection for women and children in the Jember Religious Court decision after SEMA No. 3 of 2018. The results of this research show 1) The judge's considerations in the decision to clarify post-SEMA No. 3 of 2018 by looking at the reasons/arguments that can be proven to be legal facts. There are three aspects of consideration, namely the first, the philosophical aspect, namely, the juridical aspect, namely and sociological considerations. 2) A form of legal protection for the rights of women and children in the divorce decision at the Jember religious court's ruling, namely that the wife gets mut'ah, madhiyah and living expenses during the iddah, legal protection for children is the right to get decent living expenses. This is as stipulated in SEMA No. 3 of 2018 All these decisions contain three legal ideals, namely justice, certainty and legal benefits.
Women's Resilience in Building Family Resilience After Divorce in Silo Sub-District, Jember Regency Sofiatul Jannah; Busriyanti; Muhammad Faisol
Jurnal Syntax Admiration Vol. 4 No. 9 (2023): Jurnal Syntax Admiration
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jsa.v4i9.713

Abstract

Divorce is one of life's events that has significant impacts, not only on the divorcing couple but also on the families involved, especially the children. In this context, women often find themselves in a more vulnerable position as they frequently shoulder dual roles as mothers and workers. After a divorce, women often face substantial economic, social, and psychological pressures. The objective of this research is to describe and analyze the lives of women in Silo Subdistrict, Jember Regency, after divorce. The research approach chosen by the researcher is a legal research approach. This research was conducted in Silo Subdistrict, Jember Regency. The research subjects in this study included several single-parent women, widows, community figures (modin), and officials from Silo Subdistrict, Jember Regency. Data collection methods employed in this research included observation, interviews, and documentation. The researcher used a qualitative descriptive analysis technique in this study. The research findings indicate that the majority of single-parent women in Silo Subdistrict, Jember Regency, strive to meet their living needs by engaging in small-scale businesses such as selling cilok (Indonesian snack made from tapioca) and sausages, operating grocery stores and snack shops, and also selling vegetables. Additionally, some work as domestic assistants, overseas migrant workers (TKW), and engage in other activities, including labor work.
Analysis of the Implementation of Policies and Programs by the Situbondo Regency Government in Efforts to Reduce Early Marriage Rates Fatimatuz Zahro; Busriyanti Busriyanti; Muhammad Faisol
Academia Open Vol. 10 No. 2 (2025): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/acopen.10.2025.12979

Abstract

General Background: Early marriage remains a persistent social problem in Indonesia, contributing to educational discontinuity, psychological vulnerability, health risks, and weakened family resilience. Specific Background: In Situbondo Regency, despite stricter legal frameworks and the implementation of multiple preventive programs by the local government, marriage dispensation cases remain relatively high, indicating implementation challenges. Knowledge Gap: Previous studies have largely focused on the causes and impacts of early marriage, while limited attention has been given to in-depth analysis of how local government policies and programs are implemented and what factors shape their effectiveness. Aims: This study aims to analyze the implementation of early marriage prevention policies and programs by the Situbondo Regency Government and to identify supporting and inhibiting factors influencing their outcomes. Results: Using a qualitative empirical approach, the findings show that programs such as PERAK CINTA, BRUS, BINWIN, premarital health checks, psychological counseling, and cross-sector coordination have been implemented with clear objectives and structured mechanisms, yet their effectiveness is constrained by limited resources, uneven communication, strong cultural norms favoring early and unregistered marriages, and low community awareness. Novelty: This study integrates policy implementation analysis with local socio-cultural dynamics using the Van Meter and Van Horn framework in the context of early marriage prevention. Implications: Strengthening budget allocation, community education, and cross-sector synergy is essential to enhance the effectiveness and sustainability of early marriage prevention policies at the local level. Highlights: Policy Execution: Early marriage prevention policies are implemented through structured, cross-sector programs with clear operational mechanisms. Implementation Barriers: Cultural norms, limited resources, and low community awareness significantly constrain policy effectiveness. Strategic Implication: Strengthening community engagement and inter-agency coordination is crucial for sustainable prevention outcomes. Keywords: Early Marriage, Policy Implementation, Local Government, Prevention Programs
Asuransi Pertanian dalam Perspektif Undang-Undang No 19 Tahun 2013 Tentang Perlindungan dan Pemberdayaan Petani Arifatul Uyun; Busriyanti Busriyanti
Rechtenstudent Vol. 1 No. 3 (2020): Rechtenstudent December 2020
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v1i3.30

Abstract

Indonesia is an agricultural country that has a tropical climate, with two seasons. This condition makes the agricultural sector in Indonesia very dependent on natural conditions. As a measure to protect farmers, the government undertakes protection measures with agricultural insurance as a step towards shifting the risk of possible losses due to certain factors. Agricultural insurance which is regulated in Law No. 19 of 2013 concerning the protection and empowerment of farmers regulates rice farming insurance and cow/ buffalo business insurance. This research uses normative legal research. The purpose of this study is to examine the concept of the agreement as well as aspects of protection and empowerment for farmers according to Law No. 19 of 2013. Agricultural insurance is a government program regulated in Law No. 19 of 2013 concerning Protection and Empowerment of Farmers to protect farmers from losses caused by due to natural factors, in which there is also a big role for the community and the government in implementing agricultural insurance.
Deconstructing Village Law through Maqasid al-Shari'ah: An Indonesian Legislative Study Risqi Dafiro; Busriyanti Busriyanti
Rechtenstudent Vol. 5 No. 2 (2024): Rechtenstudent August 2024
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v5i2.332

Abstract

This study employs a library research method to examine the formulation of Law Number 6 of 2014 concerning Villages through the lens of Maqashid Syariah, the objectives of Islamic law. The law is recognized as reflecting strong Islamic values, consistent with the perspective of Imam Al-Ghazali, who emphasized that Islamic law aims to achieve the well-being and happiness of humanity both in this world and the hereafter. The five key components of Maqashid Syariah protection of religion (hifdz ad-din), life (hifdz an-nafs), intellect (hifdz al-‘aql), lineage (hifdz an-nasb), and property (hifdz al-maal) serve as the evaluative framework in this analysis. The research findings indicate that the establishment of Law Number 6 of 2014 was intended to enhance the effectiveness of village governance, improve public service delivery, strengthen community empowerment, and encourage active citizen participation in national development. The law provides maslahah (public benefit) by addressing the universal needs of society and aligning with the principles of Maqashid Syariah. Additionally, the study affirms that the law not only benefits Muslims but also serves the interests of non-Muslim communities, thereby reinforcing the universal applicability of Islamic legal values. The analysis concludes that the integration of Maqashid Syariah into legislative processes, as demonstrated by this law, supports the development of regulations that are comprehensive, inclusive, and beneficial to society. It also underscores the role of Islamic legal philosophy as a valuable standard for law-making aimed at achieving sustainable and widespread societal welfare.
The Implementation of BAN-PT Regulations Regarding Accreditation Toward An Excellent Study Program Sholikul Hadi; Badrut Tamam; Busriyanti Busriyanti; St. Sariroh
Rechtenstudent Vol. 6 No. 1 (2025): Rechtenstudent April 2025
Publisher : Sharia Faculty, Kiai Haji Achmad Siddiq State Islamic University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/rch.v6i1.345

Abstract

Accreditation is a fundamental mechanism for evaluating the standard of higher education programs. The Constitutional Law Study Program within the Sharia Faculty at UIN Khas Jember has undertaken this process under the framework of BAN-PT, following the nine core criteria specified in BAN-PT Regulation No. 2 of 2019. This study investigates the challenges, hindrances, and potential solutions in implementing BAN-PT regulations to achieve superior accreditation status. Using an empirical legal research approach, the study collected data through interviews, direct observation, and document analysis. The accreditation process includes stages such as planning, submission, evaluation, and post-evaluation follow-up, involving various stakeholders lecturers, students, and administrative staff. Factors contributing to successful accreditation include qualified faculty, curriculum alignment, adequate infrastructure, and external partnerships. However, a significant challenge remains: limited international collaboration, which restricts access to research resources and funding. Achieving top-tier accreditation requires strategic planning, the formation of a competent accreditation drafting team, structured compliance with standards, and consistent application of the PPEPP quality cycle. Ultimately, excellent accreditation enhances institutional credibility and supports the advancement of legal education in Indonesia.