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All Journal Seling: Journal of PGRA Study Program The Indonesian Journal of Islamic Law and Civil Law Jurnal Legisia Atthiflah: Journal of Early Childhood Islamic Education Journal of Innovative and Creativity Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan
Haniyah Haniyah
Universitas Sunan Giri Surabaya
Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Neuroscience Social Sciences Other

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Journal : Jurnal Legisia

 1 
STATUS HUKUM BAYI TABUNG (Kajian Hukum dan Status Keperdataanya) Haniyah Haniyah; Uji Santoso
JURNAL LEGISIA Vol 14 No 1 (2022): Ilmu Hukum dan Sosial
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (414.495 KB) | DOI: 10.58350/leg.v14i1.141

Abstract

The fact that not all couples can reproduce normally, some of them have various obstacles that do not denythem to have children, thisis why when the baby is not present, various efforts will be made by the married couple. Pesatnya in the field oftheologyof theology of married couples seeks to have offspring in one way, namely using technology fertilisasi in virto (IVF). This article discusses the legal status of IVF in its civil and legal perspective in Islam. IVF / artificial insemination if done with the wife's own sperm and ovum cells and is not transferred in the womb of other women including her own other wives (for polygamous husbands), both making is done in the Womb and outside the womb, then civil law and Islamic law are allowed, and regarding the child she gives birth to both civilly and Islamic shari'a is a legal child. IVF / artificial insemination is carried out with the help of sperm and egg donors, so islamic sharia is forbidden and the law is the same as adultery because there will be a mixture of nasab, while civilly Indonesia is also not allowed because it violates the norms of law, religion, decency and also decency. Artificial insemination is carried out with donors, be it from sperm cells or eggs, then to know the nasab of the child is determined from Islamic law, that the child's nasab comes from the mother / father who owns the seed, while in Indonesian civil the child is legally the mother who gave birth to the child and the father is the husband of the wife who gave birth to the child
PERAN JAKSA PENUNTUT UMUM DALAM PROSES DIVERSI TERHADAP ANAK BERHADAPAN DENGAN HUKUM (Studi Kasus No. 8/Pid.Sus-Anak/2015/PN.Sda) Wanda Meidina Akhmad; Haniyah Haniyah
JURNAL LEGISIA Vol 15 No 1 (2023): Januari
Publisher : Fakultas Hukum dan Sosial Universitas Sunan Giri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58350/leg.v15i1.258

Abstract

Prosecutors are Functional officials who are authorized by the Act to conduct prosecutions. In the Law of the Republic of Indonesia Number 11 of 2012 concerning the Juvenile Criminal Justice System, that at every level of diversion is sought for diversion, the concept of diversion is the transfer of the settlement of children's cases from the criminal justice process to processes outside the criminal justice system. The application of the concept of diversion has an influence on the role of the prosecutor in performing and carrying out his duties. Attorney General Regulation No. 006/A/J.A/2015 on diversion guidelines at the prosecution level requires law enforcement officials, especially the Public Prosecutor, to handle children's cases using a restorative justice approach and seeking d iversion. Similarly  kasus No. 8/Pid.Sus-Anak/2015/PN. Natural resources need to carry out a  diversion process, the purpose of this study is to make the public understand more, about diversion of cases of children facing the law, because so far there are many cases of children facing the law, who do not use diversion in solving children's cases.   The research methods used by normative juridical and empirical approaches,  based on the results of research at the Sidoarjo District Attorney's Office regarding the diversion process are not fully in accordance with the provisions of the law, but have attached importance to the principle of best interests for children.
Co-Authors Hadi Saputro M Sifa Fauzi Yulianis Rachmat Ihya' Uji Santoso Utami Puji Lestari Wanda Meidina Akhmad Yayu Sriwahyuni Hamzah