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All Journal JURNAL HUKUM Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Ahkam: Jurnal Ilmu Syariah LAW REFORM Al-Manahij: Jurnal Kajian Hukum Islam Jurnal Penelitian Agama Jurnal YIN YANG Pandecta Al-'Adalah Jurnal Online Mahasiswa (JOM) Bidang Keguruan dan Ilmu Pendidikan Diponegoro Law Review Ijtima'iyya: Journal of Muslim Society Research Al-Hayat: Journal of Islamic Education Al-Amwal : Journal of Islamic Economic Law Syariah: Jurnal Hukum dan Pemikiran Menara Ilmu Jurnal Ilmiah Publika International Journal of Social Science and Religion (IJSSR) Jurnal Cahaya Mandalika Labatila: Jurnal Ilmu Ekonomi Islam Journal of Accounting and Digital Finance Al-Manahij : Jurnal Kajian Hukum Islam Ijtimā`iyya: Journal of Muslim Society Research Jurnal Penelitian Agama Yinyang: Jurnal Studi Islam Gender dan Anak Volksgeist: Jurnal Ilmu Hukum dan Konstitusi PARADIGMA JURNAL EKONOMI BISNIS DAN MANAJEMEN (EKO-BISMA) Journal of Economics and Policy Studies (JEPS) El-Uqud: Jurnal Kajian Hukum Ekonomi Syariah

Nita Triana

UIN Prof. K.H. Saifuddin Zuhri Purwokerto

Author-ID : 405451

Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Hak Asasi Manusia dalam Perspektif Barat dan Islam Triana, Nita
Al-Manahij: Jurnal Kajian Hukum Islam Vol 1 No 2 (2007)
Publisher : Fakultas Syariah IAIN Purwokerto

Universal Declaration of Human Rights (UDHR) 1984 is a moral document that realizes the principles of United Nation charter as a measurement standard which is admitted for identifying rights and many kinds of freedom. In Islam's point in view, human rights have been explained since 14 centuries ago in Madinah charter and in Al Qurâ€™an as well. Human rights in both western and Islam perspective admit individual rights which are legally guaranteed by the nation. However, there are differences and those are explained in the Cairo Declaration of Human Rights in Islam (CDHRI).

MEMBANGUN PARTISIPASI MASYARAKAT DI ERA OTONOMI DAERAH (STUDI KRITIS PARTISIPASI ULAMA DALAM PENYUSUNAN PERATURAN DAERAH DI KABUPATEN BANYUMAS) Triana, Nita
Jurnal Penelitian Agama Vol 14 No 1 (2013)
Publisher : IAIN Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jpa.v14i1.2013.pp101-128

This study was aimed at explaining comprehensively the social participation, especially from religious leader or Ulama in composing District Rules (Perda) on Traditions. This is a nondoctrinal study with a qualitative method. Data were collected through interviews, observations, and document studies with sociolegal approach. Data were analyzed using interactive cycles of Strauss and J Corbin. The result showed that: the participation of religious leaders (Ulama) in composing Perda was at the level of tokenism, meaning that it seemed they had a participation in the activity, but it was not a real participation. They were invited to at the dicussion on development planning and socialization of the Perda. The problem related to the application of this system of participation was that the government bureaucracy was still not transparent and participative. Culturally, there was a patron-client tradition, i.e. the government was the patron or designer that determined the pattern, while the society realized what had been patronized by the government. It is necessary to build a responsive and participative law of bureaucracy both from the government and ulama. It can be realized if there is a continuous communication between the government and ulama.

Progressivity of Judges in Domestic Violence Disputes Settlement in The Case of Divorce in The Religious Court Nita Triana
Ulul Albab: Jurnal Studi dan Penelitian Hukum Islam Vol 2, No 1 (2018): Vol. 2, No. 1, Oktober 2018
Publisher : Sultang Agung Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jua.v2i1.3543

This study aims to describe and analyze the Judge Progressiveness in the case of a divorce related to domestic violence. The principle of law governing civil judges is passive, in reality this principle creates difficulties for women (wives) victims of domestic violence to achieve justice. The research method used is non-doctrinal tradition with a socio-legal approach, and qualitative descriptive analysis. The results of the study illustrate. Religious Courts Judges as one of the law enforcers are very potential to seek justice for victims of domestic violence, the majority of whom are women, because many cases of domestic violence ended in divorce cases in the Religious Courts. But the consideration of the religious Court Judge in deciding the case of a divorce petition is not yet progressive, the Judge still adheres to the principle of law, that the Civil Judge is passive. So that when the Plaintiff (Wife) does not demand income and compensation from her husband. The Plaintiff (Wife) as a victim of domestic violence will not get a living idah, mut'ah, maskan, kiswah and any compensation from the Defendant (Husband). Religious Court Judges have not yet explored other relevant legislation, including progressive religious texts that favor women as victims of domestic violence to strengthen the building of their arguments. Whereas in the case of divorce by talak, the Judge views the law in book in his legal considerations by giving protection to the wife, namely by giving the wife the right to earn a living Idah, Mutah (a living for one year to entertain the wife divorced by her husband), maskan and kiswah, according with what is stipulated in the Marriage Law and the Compilation of Islamic Law. The paradigm of the operation of the Judge in a country with a pluralistic culture such as Indonesia, it's time to change to a more progressive direction, Judge is no longer limited to the existence of a mouth that sounds the sentence of the law ( le judge est uniquenment la bouche qui pronance le most de lois) Judge also not tools designed to be logical and work mechanically, but whole people who have sensitivity to humanitarian and social concerns. Progressive judges learn and are good at making interpretations that are not literal (connotative), and have a high sense of empathy to be able to catch social norms that contextually support each prescription of the Act. The holistic understanding of the judges has the potential to provide justice for women victims of domestic violence.

URGENCY OF ARBITRATION CLAUSE IN DETERMINING THE RESOLUTION OF SHARIA ECONOMIC DISPUTES Nita Triana
AHKAM : Jurnal Ilmu Syariah Vol 18, No 1 (2018)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v18i1.8872

This study explains the importance of the arbitration clause in determining the resolution of sharia economic disputes. The settlement of economic disputes in the Court is less in the interest of the economic actors, because of the long time, the limited resources and the results of the win-loss cause damage to future business relations. Resolution of arbitration disputes is an alternative choice. The research method used is a qualitative method, a type of doctrinal research with a normative juridical approach. Dispute resolution arbitrarily has many advantages over litigation (Court), the nature of which prioritizes negotiations, can avoid hostility so that business relationships will still be intertwined properly. To ensure that in the future will use the arbitration event, if there is a dispute in a commercial agreement between the two parties it is important to make an arbitration clause separate from the commercial agreement (principal agreement). The arbitration clause is binding on both parties. The power of the arbitration clause will give legal consequences to prevent one of the parties who have agreed on an arbitration agreement to seek a dispute resolution in the Court. These legal consequences are usually implemented in the form of the right to file exceptions to absolute authority over a lawsuit or case filed with the Court whose parties have been bound by an arbitration agreement. Arbitration agreements (arbitration clauses) are very important to be carried out to smooth the movement of the sharia economy in the future, especially when the sharia economic movement is international. Arbitration in Islamic law has long been known as a form of dispute resolution known as tahkim. Tahkim is to appoint someone as a referee or peacemaker, by two or more people who are in dispute in order to settle the case which they have peacefully divided. The selected referee or peacemaker is a person who is approved by both parties because they are considered able to resolve the dispute between them. This person who acts as a referee, peacemaker or arbitrator in Islamic law is called hakam

JUSTICE IN MANY ROOMS IN SHARIA BANKING DISPUTE RESOLUTION TO ACHIEVE JUSTICE Nita Triana; Deddy Purwinto
Diponegoro Law Review Vol 3, No 1 (2018): Diponegoro Law Review April 2018
Publisher : Fakultas Hukum, Universitas Diponegoro

This paper examines the dispute resolution of Sharia Banking. The method is a non-doctrinal legal research using qualitative research and Socio Legal approach. Sharia banking cannot be separated from the problems between the banking and the Customer. This problem is calledproblematic financing. The resolution of problematic financing of sharia banks in litigation is now the absolute authority of the Religious Courts. The downside of litigation settlement usually takes a long time, the need for proof, the cost is quite expensive and the result is winningor lost. Therefore, the settlement of sharia banking is very rarely resolved through litigation. Alternative Dispute Resolution is a choice of dispute settlement chosen by Sharia Banking. The first stage isto carry out negotiation between all parties, namely Banking (lender) and The Customer (Debtor) in the form of warning and guidance. If it does not succeed, there will bedebt restructuration. The second step is mediation, in the form of consultation with third party as a mediator. The mediation determines the rescue process of debt by Banks when a debtor is still unable to return his debt, executed by the bank. According to Marc Galanter these various dispute resolutionsis called justice in many rooms. In Islamic Law it is known as Sulh (peace). However, to a large extent this non-litigation settlement is more satisfactory to both parties in resolving the dispute because it senses fairness and a win-win solution.

URGENCY CRITICAL LEGAL STUDIES PARADIGM FOR THE PROTECTION OF WOMEN VICTIMS OF DOMESTIC VIOLENCE IN THE DIVORCE CASE Nita Triana
Syariah: Jurnal Hukum dan Pemikiran Vol 18, No 2 (2018)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

This research describes the protection of women victims of domestic violence in divorce cases. Domestic violence victims are hidden in divorce cases in the Religious Courts. The positivistic paradigm adopted by the Judges gives less protection to victims of domestic violence. The method used in this study is a qualitative method, a type of doctrinal legal research with a socio-legal approach. Domestic violence victims in the Religious Courts need a new paradigm to provide protection for victims of domestic violence. Religious Court Judges who have a positivistic paradigm see the law as a book (act). The judge in examining the domestic violence in divorce only adheres to the law relating to marriage, namely Law No. 1 of 1974 and Compilation of Islamic Law. Paradigm of Critical Legal Studies. build critical awareness in law enforcement by improving the legal system and carrying out a reformation in the institutions responsible for the protection of victims of domestic violence, one of which is the Religious Courts. Also consider the PKDRT Law No. 23 of 2004 concerning the elimination of domestic violence even covering legal culture of family, community, health and psychological.

Reconstructing Sharia Economic Dispute Resolution Based on Indonesian Muslim Society Culture Nita Triana
Ijtimā`iyya: Journal of Muslim Society Research Vol 2 No 1 (2017)
Publisher : Postgraduate Program, State Institute on Islamic Studies Purwokerto

This paper describes the settlement of disputes in the field of Islamic economy based on Indonesian Muslim society culture. The research method used is Library research with normative juridical approach. In business, whether based on conventional or sharia, conflict or dispute sometimes happens and can not be avoided. The settlement of disputes in the Court, takes a long time, the cost is huge and the result is a win-lose, resulting in a sense of unfairness to either party. For that Sulh (peaceful) in resolving the dispute sharia economy becomes the choice of the sharia economic actors if there is a dispute between the parties. Sulh (peace) can be developed with various models, such as negotiation, mediation or arbitration. This dispute resolution model is more acceptable to the society, because philosophically the values of Sulh (peace) already exists intrinsically in the culture of Indonesian society which prioritizes deliberation and harmony in the life of society.

Progresifitas Hakim dalam Dinamika Positivisasi Hukum Islam di Indonesia Nita Triana
Al-Manahij: Jurnal Kajian Hukum Islam Vol 5 No 2 (2011)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Penerapan hukum modern di negara Indonesia sering menciderai rasa keadilan masyarakat, karena hukum tidak membumi lepas dari pemahaman aspek filosofis dan sosialnya, sebab itu progresifitas hakim sangat dibutuhkan untuk mampu melompat out of the box ketika menemukan kebuntuan legalitas formal dari hukum modern. Syariâ€™ah Islam sebagai modal sosial-kultural â€inner moralityâ€ yang telah ada dalam sejarah panjang bangsa Indonesia, mempunyai formulasi sebagai tawaran bagi penyelesaian persoalan hukum di tanah air, Hakim yang progresif diharapkan mampu membaca makna dari inner morality syariâ€™ah Islam. Dinamika positivisasi hukum Islam akan terus bergerak, ketika para hakim membaca dan menemukan hukum-hukum baru dari pemaknaan secara kontekstual dalam hukum Islam. Positivisasi dalam arti luas adalah upaya para penegak hukum, seperti hakim yang menggunakan substansi atau nilai-nilai filosofis hukum Islam dalam memeriksa, menimbang dan memutus perkara di Pengadilan

Menggagas Hak Kekayaan Intelektual Perspektif Hukum Islam ke dalam Hukum Nasional Nita Triana
Al-Manahij: Jurnal Kajian Hukum Islam Vol 12 No 2 (2018)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

This study aims to describe and analyze Intellectual Property Rights (IPR) under the rules of Trade-Related Aspects of Intellectual Property Rights (TRIPs) which are in several respects different from the laws that live in Indonesia. Therefore, it is necessary to initiate Intellectual Property Rights Law that is in accordance with the values that live in Indonesia, the majority of which are Muslim communities. The results of this study illustrate that the legal protection of the owners of InÂtellectual Property Rights (IPR) in Indonesia has been regulated in various laws and regulations that are included in the Intellectual Property Rights Law system. These regulations must refer strictly to the TRIPs Agreement. The Intellectual Property Rights regime with the rules of TRIPs has two sides in the protection of intellectual property rights, on the one hand it protects individual interests from piracy and theft of intellectual property, but on the other hand empirically this leÂgal protection greatly benefits developed countries. Based on this, the Intellectual Property Rights Law must be rebuilt with the source of material law originating from values that live in Indonesian society, namely Islamic law.

Mengkonstruksi Alternative Dispute Resolution (ADR) yang Berlandaskan Hukum Islam dalam Kerangka Hukum Nasional Nita Triana
Al-Manahij: Jurnal Kajian Hukum Islam Vol 3 No 1 (2009)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

ADR is an alternative dispute resolution, that consider peaceful and agreement. Such a dispute has been a long time known by Indonesia society. Musyawarah and mufakat principles that exist in Adat Law and Islah principle that exist in Islamic Law constitute Living Law in Indonesia. Principle of Law as forgiving, peaceful and agreement that exists in Islah can construct ADR in frame National Law system.

Co-Authors ', Darmawati A. R., Hafizh Faikar Ade Tuti Turistiati Adliya, I'anatul Ahmad Zayyadi, Ahmad Ainul Yaqin Aji, Briliyan Wisnu Alfiani, Melita Elza Assafii, Abdul Rahman Deddy Purwinto Farah Nuril Izza Farah Nuril Izza Farah Nuril Izza, Farah Nuril Hegiarto, Aldy Santo Imam Mahadi Khashogi, Luqman Rico Khoerul Umam, Khoerul Kurnianingsih, Nurinawati Liddini, Laily M Syukur M Syukur MD Rasip, Osman Monk, Lincoln James Faikar Naqiyah Naqiyah Mukhtar Naqiyah Mukhtar Nizar, Firman Pradini, Anez Yuniar Putri Herawati, Sesi Rofiuddin, Mohammad Romdhoni, Ahmad Saputri, Apik Anitasari Intan Suasa Suasa Zakaria, Gamal Abdul Nasir

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