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All Journal Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Veritas et Justitia Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta International Journal of Law Reconstruction Jurnal Ilmiah Kebijakan Hukum Waskita: Jurnal Pendidikan Nilai dan Pembangunan Karakter Jurnal Supremasi Jurnal Al Azhar Indonesia Seri Ilmu Sosial International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains JHCLS International Journal of Educational Review, Law And Social Sciences (IJERLAS) Audito Comparative Law Journal (ACLJ) Al-Muamalat : Jurnal Ekonomi Syariah IBLAM Law Review International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Interdisciplinary Journal on Law, Social Sciences and Humanities Human Rights in The Global South (HRGS) Socio-Economic and Humanistic Aspects for Township and Industry Warkat indonesian Journal of Administrative Law and Local Government (IJALGOV)
Riana Susmayanti
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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REFORMULATION OF REGULATIONS ON INDONESIAN CITIZENS WHO HAD JOINED THE ISLAMIC STATE OF IRAQ AND SYRIA (ISIS) Susmayanti, Riana; Nur Widhiyanti, Hanif; Efendi, Muhammad Fadli
Arena Hukum Vol. 16 No. 2 (2023)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2023.01602.5

Abstract

The repatriation of ex-ISIS members to Indonesia will have an impact on the community, because previous jihadi alumni from Afghanistan carried out terrorist bombings in several locations after they returned to Indonesia. This research will analyze the classification of Indonesian citizens who had joined ISIS; the Indonesian citizens who had joined ISIS according to Indonesian regulations and the reformulation of regulations on Indonesian citizens who had joined ISIS. This normative juridical research uses statutory approach and conceptual approach. The results of this study shows that the classification of Indonesian citizens who had joined ISIS based on hierarchy in the organization and concerned involvement in ISIS, the regulatory violations committed by Indonesian citizens by joining ISIS, and the urgency of changing the citizenship law that applies to Indonesian citizens who join ISIS.
The Existence of the Papuan People's Assembly in Special Autonomy: A Comparative Legal Study Between Indonesia and France Denaryo, Redemptus; Barokah, Khiswatul; Serafim, Gladysta Viola; Lutfiana, Sabrina Amaliya; Susmayanti, Riana
Indonesian Journal of Administrative Law and Local Government Vol. 2 No. 2 (2025): INDONESIAN JOURNAL OF ADMINISTRATIVE LAW AND LOCAL GOVERNMENT (IJALGOV)
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/ijalgov.v1i02.36519

Abstract

Article 18B paragraph (1) of the 1945 Constitution provides an explanation regarding the birth of an asymmetrical decentralization policy or the granting of special autonomy to a region in Indonesia. This special autonomy is given to several regions in Indonesia, one of which is Papua through Law Number 21 of 2001 concerning Special Autonomy for Papua Province. In carrying out the implementation of special autonomy in Papua, the Papua People's Assembly (MRP) was formed which is a cultural representation of indigenous Papuans as regulated in PP No. 64 of 2008 concerning MRP. In this case, there are many challenges faced by the MRP to foster justice for the Papuan people. This research is a type of normative juridical research with statutory, comparative law, and case approach methods. Primary, secondary, and tertiary legal materials are analyzed using systematic interpretation techniques. Based on the results of the research, to solve the existing problems, a legal comparison can be made with the French state which also provides special autonomy to the New Caledonia region which has a representative institution such as the MRP.
EFFECTIVNESS OF DIVORCEMEDIATION IN INDONESIA: COMPARATIVE LEGAL STUDY OF UNITED STATES Ayu Ningtyas , Dyah Palupi; Al Uyun, Dhia; Susmayanti, Riana
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.141

Abstract

Victims of Domestic Violence (KDRT) are increasing every year, which is one of the causes of divorce. CATAHU Komnas Perempuan 2022 reported that as many as 4,779 cases of divorce were due to domestic violence. The divorce process is preceded by a mediation stage as a dispute resolution by mediators at the Religious Courts. Mediators who handle divorce cases must be thorough and have a strategy for identifying and dealing with domestic violence. Domestic violence screening (KDRT screening) needs to be done so that the identification of cases of domestic violence can be explained specifically. One of the countries that have implemented screening is the United States, which considers it an appropriate and effective method. Comparison of the legal system becomes an analytical knife regarding the legal process of mediation between Indonesia and the United States. Domestic violence screening conducted in divorce mediation can identify violence that occurs. If there is an act of violence, the mediator can use a different approach during mediation. Mediation should be able to help both parties reach an agreement that is fair and profitable for both while taking into account the rights and obligations of the parties.
Questioning State Supervision in Guaranteeing Halal Products in Indonesia Muttaqin, Irsyadul; Dhia Al Uyun; Riana Susmayanti
Al-Muamalat: Jurnal Ekonomi Syariah Vol. 12 No. 2 (2025): July
Publisher : Department of Sharia Economic Law, Faculty Sharia and Law, UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/am.v12i2.51437

Abstract

This article examines the state's responsibility in ensuring the halal status of products in Indonesia by highlighting the weaknesses in the implementation of the Halal Product Assurance Law. The formation of Government Regulation No. 42/2024 has created an illusory authority for the BPJPH and reinforced the fragmentation of authority between the BPJPH and related ministries in the supervision of halal products. As a result, legal uncertainty and the emergence of double standards have weakened BPJPH's role in supervisory implementation. This study uses a doctrinal legal analysis approach to halal product assurance legislation, focusing on text interpretation, identification of ambiguities, and disclosure of normative conflicts between the Halal Product Assurance Law, the Job Creation Law, and Government Regulation No. 42/2024. The analysis shows that institutional fragmentation in the supervision of the Halal Product Assurance has weakened BPJPH's authority. Instead of enforcing adequate supervision, the disharmonious institutional distribution design has created legal uncertainty, sectoral ego, and the risk of abuse of discretion, so that the substantive supervisory function has not been achieved and has legal implications for the state's failure to fulfill the objectives of Sharia law. A comparison with Malaysia shows that the centralization of authority under JAKIM, reinforced by criminal regulations, has resulted in a more integrated and consistent halal supervision system. This article emphasizes the need for institutional reform that affirms BPJPH's centralization as the sole authority and strengthens legal instruments by revising the Halal Product Assurance Law.
THE LEGAL STATUS OF WILL EXECUTORS IN DEEDS OF BEQUEST UNDER PMNA/KBPN NO. 3 OF 1997 AND ARTICLE 1813 OF THE CIVIL CODE Deas Oktaviara Habiansyah; Riana Susmayanti; Endang Sri Kawuryan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4672

Abstract

This research aims to analyze the legal status of the executor of a will (executeur testamentair) in the deed of gift by will (hibah karena wasiat) as regulated in Article 112 paragraph (1) a point 3 letter b of the Regulation of the State Minister for Agrarian Affairs/Head of the National Land Agency No. 3 of 1997 in relation to Article 1813 of the Indonesian Civil Code. The main issue lies in the normative conflict between the concept of a power of attorney, which terminates upon the death of the grantor, and the executor’s legal mandate, which remains valid after the testator’s death. This study employs a normative legal research method using statutory and conceptual approaches, grounded in the theories of legal certainty proposed by Gustav Radbruch, Van Apeldoorn, and Hans Kelsen. The findings indicate that the executor of a will has a distinct legal position from an ordinary agent, as their authority derives from a legal mandate rather than a contractual relationship. Therefore, the executor’s authority does not terminate upon the testator’s death, provided that it is carried out in accordance with the will and applicable law. Nevertheless, normative ambiguity persists, leading to interpretative discrepancies among notaries and land deed officials (PPAT). Regulatory clarification is required to strengthen the executor’s legal legitimacy and ensure the implementation of the testator’s final will in line with the principles of legal certainty and justice.
Supreme and Constitutional Court’s Decisions on Permission of Ex-Corruptors to be Parliamentary Candidates : Whose Rights Should be Protected ? Susmayanti, Riana; Hidayat, Fitri
Brawijaya Law Journal Vol. 12 No. 2 (2025): The Evolution of International Humanitarian Law : Historical Roots to Future D
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2025.012.02.09

Abstract

Along with the trend of many Parliamentary members being caught in corruption, Law No. 7/2017 on General Elections apparently allows ex-corruptor to run for or be nominated as Parliamentary members. Parliamentary is an institution that has the legislative power to form laws (including the Anti-Corruption Law, etc). Allowing ex-corruptors to run for Parliamentary candidate means that the seriousness of this country's fight against corruption is questionable. This study analyzes the permissibility of ex-corruptors to become parliamentary candidates based on KPU Regulation 20/2018 and 31/2018, Law 7/2017, Supreme Court Decision No. 46 P/HUM/2018 and Constitutional Court Decision No. 87/PUU-XX/2022. Moving on from that analysis, this normative juridical research is intended to answer the legal issues : 1) What is the human rights perspective of ex-corruptors regarding on permission of ex-corruptors from running for or being nominated as members of parliament ? and 2) What is the human rights perspective of other citizens regarding on permission of ex-corruptors from running for or being nominated as members of parliament ? Using the case, conceptual and statutory approach, the author aims to show that it is not only the human rights of ex-corruptors that must be protected, but also the human rights of the other citizen to get members of Parliament who are clean from corruption. Some previous studies discuss former corruptors as parliamentary candidates, such as Agus Amelia Virismanda Vantri (2019 and also Andri Yanto and Faidatul Hikmah (2023), but none have examined human rights from the perspective of former corruptors and citizens of other countries. When the author presented this paper at an international conference, it turned out that ex-corruptors becoming parliamentary candidates is also a problem in other countries, making this theme important for foreign readers.
Urgensi Penyelenggaraan Pelayanan Publik Ditinjau dari Peraturan Presiden Nomor 89 Tahun 2021 Daud, Erita Rosa Larasati; Prasetyo, Ngesti Dwi; Susmayanti, Riana
Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Vol 10, No 1 (2025): Maret 2025
Publisher : Universitas Negeri Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.17977/um019v10i1p82-91

Abstract

This study aims to identify the urgency of implementing a Public Service Mall in the context of Indonesian bureaucracy and the challenges of implementing it in light of Presidential Regulation Number 89 of 2021. This study used a normative juridical method with a descriptive qualitative approach, focusing on the analysis of secondary legal materials such as laws and regulations, official documents, and other legal literature. Data collection techniques in this study were conducted through library research. Data analysis in this study uses qualitative normative techniques to interpret legal provisions and examine their legal implications. The Public Service Mall is a strategic innovation aimed at improving the effectiveness, efficiency, and quality of public services. The implementation of the Public Service Mall in practice still faces various challenges, such as inter-agency coordination, infrastructure readiness, and service system integration. The success of the Public Service Mall requires ongoing commitment and synergy from all stakeholders to realize modern, transparent, and adaptive public services.
Co-Authors Aan Eko Widiarto Abdullah, Nadhifa Ahmad Najmi Faris Aiza, Didha Narin Al Anwary, Muhammad Anis Zhafran Al-Uyun, Dhia Ananda, Heppy Trio Anggit Metha Mustika Yon Surya Antari, Putu Eva Ditayani Arif Zainudin Aritonang, Syofina Dwi Putri Ayu Ningtyas , Dyah Palupi Barokah, Khiswatul Daud, Erita Rosa Larasati Deas Oktaviara Habiansyah Denaryo, Redemptus Dhia Al Uyun Dhia Al Uyun, Dhia Dian, Novitasari Efendi, Muhammad Fadli Endang Sri Kawuryan Fadli, Moh. Faisyah, Nur Herman Suryokumoro Hidayat, Fitri Hifdillah, Achmad Aldy Izza Safira Liah, Jeremiah Jung Lutfiana, Sabrina Amaliya Muchamad Ali Safaat Muttaqin, Irsyadul Nabila, Selma Ngesti Dwi Prasetyo Ningtyas, Dyah Palupi Ayu Nugroho, Ahmad Nur Widhiyanti, Hanif Prischa Listiningrum Putri, Luh Putu Yeyen Karista Ramadhan, Febriansyah Ramdhani, Syafiq Rosida, Fitriatur Safa’at, Muchamad Ali Saputra, Bima Serafim, Gladysta Viola Setyo Widagdo Sherlita Nurosidah, Sherlita Shinta Hadiyantina Syahrani, Nabila Tasya, Izzuma Tunggul Ansari Setia Negara