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The Concept of Al-Syatibi's al-Ta'arud wa al-Tarjih: Scientific Faith and Methodology Solution to Legal Istinbat Farkhani Farkhani; Elviandri Elviandri; Sigit Sapto Nugroho
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 1 (2018)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (978.72 KB) | DOI: 10.24090/mnh.v12i1.1331

Abstract

Al-Ta‘āruḍ wa al-tarjīḥ is a methodology offered by al-Syāṭibī to overcome problems that often arise in fiqh issues faced by the people. This study is a descriptive literature study (library research) aims to determine how the concept of al-Ta‘āruḍ wa al-tarjīḥ offered, with fahm al-naṣṣ methods that exist in its al-Muwāfaqāt. To al-Syāṭibī, no at-ta‘āruḍ (contradiction) in texts but there is a contradiction among mujtahids (Muslim jurists) in understanding the texts. Then, the mujtahids (jurists) should not be in a hurry to do istinbāṭ al-ḥukm (taking out the law) which originated from the ẓāhir contradictory arguments. A depth and universal study toward contradictive postulates seems needed by mujtahid both using their precision and intelligence. Because of the precision and intelligence mujtahids are varying, it causes the appearance of a conflict between mujtahids in looking at the arguments. To find a solution to the problem, the offer is the use of tarjīḥ method, looking for the most powerful arguments, and then serving them as the basis to take a single istinbāṭ al-ḥukm.
Otonomi Daerah Dalam Perspektif Pancasila Taufiq Yuli Purnama; Mudji Rahardjo; Sigit Sapto Nugroho; Heru Kuswanto
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 8 No. 2 (2022): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v8i2.191

Abstract

Abstract- In Indonesia, the state has a state basis, namely Pancasila, Pancasila is also a source of law and basic norms for organizing government administration. Pancasila can also be interpreted as the ideals of the Indonesian nation. In realizing regional autonomy in the government administration system, basic norms are needed to achieve it. There is a need for harmony between Law Number 23 of 2014 concerning Regional Government and the 1945 Constitution as mandated by Pancasila. In Indonesia, the highest power holder is the central government, but the location of the Indonesian state is very wide and consists of large and small regions so that in carrying out its authority, the central government is obliged to provide the competent authority. The method used in this journal is normative juridical. To manage their respective regions is called decentralization or regional autonomy. The principle of the Unitary State of the Republic of Indonesia cannot be separated from the principle of Regional Autonomy Article 18 of the 1945 Constitution, therefore Regional Autonomy is a subsystem of the power system of the Unitary State of the Republic of Indonesia. then in aggregate it will contribute to national welfare. Meanwhile, one dimension of the decentralization policy is improving the quality of public services. The estuary of these characteristics is realizing the constitutional mandate, namely realizing general welfare and educating the nation's life.
A Midwife: Professional Ethics in Midwifery Practices, Managing Pregnancy and Childbirth Complications, and Legal Rights for Nursing Mothers Ayesha Hendriana Ngestiningrum; siska diana sari; Rizka Rizka; Taadi Taadi; Sofyan Wimbo agung Pradnyawan; Sigit Sapto Nugroho; Dewi Iriani
Journal of Global Pharma Technology Volume 12 Issue 09 (2020) Sept. 2020
Publisher : Journal of Global Pharma Technology

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Abstract

This study aims to discuss a midwife as a health professional, professional ethics in midwifery practices, the management of pregnancy and childbirth complication, and legal rights for nursing mothers. This qualitative research utilizes interview as a main instrument. The data are collected from interviews conducted with: 1.) pregnant women who gave premature birth, 2.) nursing women and families supporting breastfeeding program, and 3.) Public Health Office staffs. The study reveals that legal ethics between midwives and patients is significantly crucial. There is a need for effective communication between midwives and patients. Patients have the right to obtain information as clearly as possible and midwives also have the right to get the trust of patients to perform medical procedures without any interventions. In addition to the aforementioned result, this study reports that there is pregnancy and premature childbirth complication. It is a maternal health issue occurred during pregnancy causing premature birth. This study also highlights a breach of guarantee to nursing mothers who breastfeed up to 2 years of age. The results of study conclude three points. First, it reports informed consent. It is a process for getting permission before conducting a healthcare intervention on a person, or on disclosing personal information. Second, legal practice regulating rights for nursing mothers and its legal sanctions for someone who prohibits breastfeeding for working women or health workers who provide formula milk to newborns without medical indication. Third, the authorized party will conduct an investigative audit of cases of complications of pregnancy and childbirth that cause infant mortality.
The Right for a Healthy Environment in Indonesia: Comparison of Global Laws Sigit Sapto Nugroho; Sarjiyati Sarjiyati; Anik Tri Haryani; Yuni Purwati; Susiani Tri Wahyuningsh; khudzaifah dimyati; Heru Santoso Wahito Nugroho
Journal of Global Pharma Technology Volume 12 Issue 09 (2020) Sept. 2020
Publisher : Journal of Global Pharma Technology

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Abstract

Objective: The research purpose is to explains according the constitution every citizen has the right to obtain the constitutional guarantee to live and access the healthy environment. Method: The research methods is normative juridical method is conducted by examining literature material. Citizens also have the right to live in a good and healthy living environment for their growth and development. This is regulated in Article 28 on the Declaration of the Human Rights, the Stockholm Declaration, and the constitutions of countries in the international world. Results: Result of the research is the rights for a good and healthy environment brings a burden of responsibility for the state to protect and to sustain the living environment’s supporting power for the sake of the future generations. Conclusion: The conclusion from this research is that the efforts to uphold these rights may be guaranteed by the constitution. Thus, every citizen may file a lawsuit to the court if the state does not fulfil this right
PARTISIPASI MASYARAKAT DALAM PENGAWASAN PEMILU DI DESA NGUJUNG, KECAMATAN MAOSPATI, KABUPATEN MAGETAN Taufiq Yuli Purnama; Sigit Sapto Nugroho; Subadi; Mudji Rahardjo
JURNAL DAYA-MAS Vol. 8 No. 1 (2023): JURNAL DAYA-MAS
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/dymas.v8i1.103

Abstract

The purpose of writing this journal is to achieve balance and realize a democratic state based on Pancasila. Bawaslu Regulation Regulation of the General Election Supervisory Agency Number 21 of 2018 concerning Supervision of the Implementation of General Elections which regulates forms of public participation. The method used in the implementation of community service uses legal and practical counseling methods. In this socialization, it is a form of community participation in supervising general elections. Community service activities are carried out for the community and village officials regarding the form of community participation in supervising general elections. The results of the implementation of community service are the importance of the participation of elements of the community in this oversight function will affect the realization of strengthening the authority of Bawaslu in the implementation of elections in Indonesia where this also has an influence on the law enforcement of election organizers in Indonesia, in this case is community participation, the benchmark for community participation here can be measured from the existence of community participation in supervising the implementation of elections, especially in Ngujung Village to achieve balance and realize a democratic state based on Pancasila.
Eksekusi Putusan Verstek Terhadap Pemenuhan Hak Istri Dan Anak Dalam Perkara Gugat Cerai Anik Tri Haryani; Sigit Sapto Nugroho; Nindichya Imtiyyas Pusparini; Retno Iswati
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 1 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i1.236

Abstract

Abstract -- The aim of this research is to find out how the verstek decision is imposed on the defendant in a divorce case and to find out how the execution of the verstek decision affects the fulfillment of the rights of his wife and children in a divorce case. The method applied in this research is normative juridical through statutory and conceptual approaches. With primary and secondary sources of legal materials used. The results of this research are regarding the responsibility of the husband (defendant) for meeting the needs of his wife and children due to the verstek decision. The judge will give a verstek decision if a defendant does not come to court at all. The judge will give a penalty to the defendant regarding the claim for payment of maintenance, by adding "...which was paid before the defendant took the divorce certificate" to the posita and petitum of the lawsuit, if the husband in a divorce lawsuit is given the burden of maintenance and does not come, this is the same as SEMA Number 2 of 2019. With this, if the defendant wants to take the divorce certificate, he must pay for the execution first.
Penegakan Hukum Terhadap Pendirian Bangunan Dikawasan Daerah Aliran Sungai (Das) (Studi Di Kecamatan Dolopo Kabupaten Madiun Jawa Timur) Heru Kuswanto; Sigit Sapto Nugroho; Sarbini
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 10 No. 1 (2024): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v10i1.265

Abstract

Abstract— The purpose of this study was to determine law enforcement against the construction of buildings in the Watershed area of Dolopo District, Madiun Regency and find out the settlement of the construction of buildings that violate the watershed area. The type of research used is empirical research with a qualitative approach based on primary data, namely observation, interviews and document studies. Secondary data are social facts referenced from books, research results and scientific journals. And analyzed using descriptive research methods, that researchers in analyzing wish to provide an overview or description or subject and research object as the results of the research he did. Based on the results of the research, it shows that law enforcement against the construction of buildings in the watershed area, it is better for the community to obtain permits (IMB) to construct buildings in the river basin and the government is expected to be more intensive in conducting outreach and site surveys in the watershed area to the fullest so that the community is aware and no longer constructing buildings in the watershed area.
Sosialisasi Tentang Pangan Industri Rumah Tangga (PIRT) Dan Pengurusan Sertifikat Halal Pada UMKM Di Desa Ngujung Kecamatan Maospati Kabupaten Magetan Anik Tri Haryani; Sigit Sapto Nugroho; Taufiq Yuli Purnama
Buletin Pemberdayaan dan Pengembangan Masyarakat Vol. 2 No. 2 (2023)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/bppm.v2i2.19100

Abstract

Pengabdian masyarakat memiliki tujuan untuk meningkatkan pemahaman kepada masyarakat mengenai pentingnya perizinan PIRT Dan sertifikasi halal pada produk UMKM di Desa Ngujung, Kecamatan Maospati, Kabupaten. Sosialisasi tentang perizinan PIRT dan sertifikasi halal Di Desa Ngujung diadakan pada tanggal 19 Desember 2023. Pelaksanaan Pengabdian masyarakat ini dilakukan dengan metode ceramah, tutorial, dan diskusi dalam hal ini peningkatan pemahaman peserta tentang manfaat mengurus PIRT dan sertifikat halal, persyaratan dan prosedur mengurus PIRT, sertifikat halal, Adapun indikator keberhasilan materi  yaitu peningkatan pemahaman peserta tentang manfaat sertifikasi halal, prosedur sertifikasi halal, dan kewajiban yang harus dilakukan setelah tersertifikasi halal. Hasil dari program pengabdian masyarakat ini adalah memahami pentingnya perizinan PIRT dan sertifikasi halal, dan termotivasi untuk melanjutkannya, memahami prosedur perizinan PIRT, dan memahami prosedur sertifikasi halal. dengan demikian, minat beli konsumen dan kepercayaan konsumen diharapkan meningkat dengan adanya nomor PIRT dan label halal. Selain itu juga diharapkan dapat meningkatkan penjualan produk dan kesejahteraan masyarakat di desa Ngujung, Kecamatan Maospati, Kabupaten Magetan
The Role of the Madiun City Goods and Services Procurement Work Unit (UKPBJ) in Accelerating Development and Public Services from a Legal Perspective Septiana Widya Handayani; Faturrahman; Sarjiyati; Sigit Sapto Nugroho
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.352

Abstract

Abstract Introduction to the Problem: Government procurement of goods and services plays a crucial role in development implementation, as well as serving as a manifestation of good governance and an indicator of the quality of public service performance. Therefore, the Madiun City Goods/Services Procurement Work Unit (UKPBJ) was established and established to carry out procurement of goods and services professionally. Purpose/Study Objectives: The purpose of this study is to analyze the role of the Madiun City Goods and Services Procurement Work Unit (UKPBJ) in accelerating development and public services through government procurement of goods/services and to analyze the obstacles or constraints faced in the implementation of Presidential Regulation Number 16 of 2018 concerning Government Procurement of Goods and Services as amended by Presidential Regulation Number 12 of 2021 on the Madiun City UKPBJ and how to solve them. Design/Methodology/Approach: The research method used in this research is empirical juridical, data sources are primary data in the form of observations, interviews and document studies while secondary data are in the form of books, journals, reports, etc. The data analysis uses qualitative analysis methods. Findings: The results of the study show that the role of the Madiun City Goods and Services Procurement Work Unit (UKPBJ) in accelerating development and public services includes: (1) Management of Goods/Services Procurement, (2) Management of Electronic Procurement Services (LPSE), (3) Development of Human Resources (HR) and Institutional Procurement of Goods/Services (PBJ), (4) Mentoring, Consultation, and Technical Guidance, (5) Implementing other tasks. While internal obstacles are: (1) Lack of human resources (HR) for Functional Positions of Goods/Services Procurement Managers, the solution is to apply for recruitment either through the selection path for State Civil Apparatus Candidates (CASN) or through transfer of positions for ASN in other functional positions, (2) Obligation of Goods and Services Procurement Officials (PPBJ) to be certified, the solution is to follow education and training according to the required standards. Meanwhile, externally, namely: (1) Not following and mastering the dynamics of legal regulations, the solution is to follow technical guidance and training. (2) Gaptek (Technology Ignorance) in Procurement of Goods and Services, the solutions include: (1) Education and Training, (2) Use of Digital Systems, (3) Technical Support Systems, (4) Improving Internet Access. Paper Type: Research Article
Implementation of Public Information Disclosure Regulations in An Electronic-Based Government System in Madiun City Rizal Budi Arthanto; Anwar; Sigit Sapto Nugroho
YUSTISIA MERDEKA : Jurnal Ilmiah Hukum Vol. 11 No. 2 (2025): JURNAL YUSTISIA MERDEKA
Publisher : Universitas Merdeka Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33319/yume.v11i2.353

Abstract

Abstract Introduction to the Problem: This research is very urgent to find out the implementation of regulations on public information disclosure in electronic-based information systems in Madiun City with various obstacles. Purpose/Study Objectives: The purpose of this study is to analyze the implementation of regulations on public information disclosure in electronic-based information systems in Madiun City and to analyze the weaknesses of regulations on public information disclosure in electronic-based information systems in Madiun City. Design/Methodology/Approach: The research method used in this study is legal sociology research (socio legal research), data sources in the form of primary data and secondary data and analyzed data using qualitative descriptive analysis. Findings: Based on the results of research and discussion shows that the implementation of public information disclosure regulations in electronic-based information systems in Madiun City carried out by the Implementing PPID of Madiun City can be seen that the average value of public information disclosure in the Implementing PPID of Madiun City reaches 95%. The indicators are there are no public information disputes and no objections and the number of complaints from the Madiun City Government related to the quality of services such as administrative services, indications of Corruption Crimes (Tipikor) and service officers is 0 (zero) or no complaints. Meanwhile, the weaknesses of public information disclosure regulations in electronic-based information systems in Madiun City are internally no obstacles but management is constrained by human resources, limited facilities and infrastructure; and expertise in the field of information and technology. The efforts made are by conducting periodic technical guidance and commitment to complete infrastructure facilities. Paper Type: Research Article