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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.
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.
Application of Academic Papers in Formulation Legal Products at the Regional Antari, Putu Eva Ditayani; Fadli, Moh.; Negara, Tunggul Anshari Setia; Susmayanti, Riana
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.78309

Abstract

The formation of legal products in the regions cannot be separated from the preparation of academic texts as the basis for their formation. However, the existence of alternative explanations/information as a substitute for academic texts has caused legal products at the regional level not to fully use academic texts. Based on this, it is necessary to elaborate on the urgency of academic papers in the formation of legal products at the regional level. In addition, further explanation regarding the mechanism for implementing academic papers in the formation of legal products at the regional level is the main research objective. The research method used in research is normative legal research or doctrinal legal research which bases arguments on theories, principles, concepts, and laws and regulations. The selection of the normative method is based on the existence of legal issues regarding the blurring of norms regarding the regulation of academic texts in the formation of legal products at the regional level. An explanation of this can only be obtained by conducting a doctrinal study. The results of the research lead to the conclusion that academic papers are needed as guidelines in drafting legal products at the regional level. Implementation of academic drafting should be carried out in the pre-legislative stage by identifying problems in society and elaborating them theoretically so that solutions can be formulated as outlined in the draft legal products at the regional level. The preparation of academic manuscripts also requires collecting data through interviews, observations, and literature studies to find solutions to problems in society. These results then go through a dissemination process in the form of FGDs with community representatives and parties related to the regional regulations that will be formed.