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All Journal Al-Ulum Innovatio : Journal for Religious Innovations Studies Hukum Islam Pena Justisia: Media Komunikasi dan Kajian Hukum ADHKI: Journal of Islamic Family Law Al-Azhar Islamic Law Review Agrimansion: Agribusiness Management & Extension Al-Manahij : Jurnal Kajian Hukum Islam JURIS (Jurnal Ilmiah Syariah) Al-Istinbath: Jurnal Hukum Islam Indonesian Journal of Applied and Industrial Sciences (ESA) Nusantara: Journal Of Law Studies Deposisi: Jurnal Publikasi Ilmu Hukum Kultura: Jurnal Ilmu Sosial dan Humaniora MILRev: Metro Islamic Law Review Hakim: Jurnal Ilmu Hukum dan Sosial Causa: Jurnal Hukum dan Kewarganegaraan Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan JURNAL HUKUM STAATRECHTS Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Jembatan Hukum: Kajian Ilmu Hukum, Sosial dan Administrasi Negara Jurnal AL-MAQASID: Jurnal Ilmu Kesyariahan dan Keperdataan Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora SIYASI: Jurnal Trias Politica Jurnal Hukum Keluarga Madania: Jurnal Kajian Keislaman Journal of Law and Nation Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Muhamad Hasan Sebyar
Sekolah Tinggi Agama Islam Negeri Mandailing Natal
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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KEBIJAKAN TINDAK PIDANA PADA KEJAHATAN NARKOTIKA DI INDONESIA Puput Dedi Kurniawan; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

Law No.22 of 1997 concerning narcotics states that narcotics are subtances or drugs derived from plants or non-plants,either synthetic or semi-synthetic,which can cause a decrease or change in consciousness,loss of taste,recudeor eliminate pain,and can cause dependence.According to the ministry of health of the republic of Indonesia,drugs are an abbreviation for narcotics,psychotropics and addictive subtances.All of these terms,whether narcoticsor drug use,refer toa group of subtances that generally pose a risk of addiction for their users.As time goes by,someone who was initially unfamiliar with narcotics turn into an addict who finds it difficult to get rid of his addiction.Rehabilitation of narcotics addicts is also a form of social protection that integrates narcotics ddicts into social order so that they no longer abuse narcotics.Narcotics crime is a very complex problem that requires comprehensive mitigation efforts involving multi-disciplinary ,multi-sector coorperation and active community participation which is carried out consistently ,consistently and consistently.The purpose of this research is to find out penal and non-penal policies in dealing with narcotics crimes at this time and the problem discussed is what the criminal policies for narcotics crime are in the country Indonesia.Penal policy is to overcome crimes committed by implementing criminal law in society,while non-policing penal means dealing with crime without using criminal law namely by influencing people’s views about crime through mass media and countermeasures without punishment
ANALISIS YURIDIS TINDAK PIDANA PENCABULAN TERHADAP ANAK DI BAWAH UMUR (PUTUSAN PIDANA PURWOREJO NOMOR 57/PID.SUS/2022/PN.PWR) Aji Benny Wicaksono; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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This scientific work aims to finddout what the legalppolicy is for perpetrators of criminal acts of molestation against minors, how the law is applied to perpetratorsdof criminaldacts of molestation againstdminors, and what the criminal responsibility for perpetrators of molestation of minors is in the Purworejo Criminal Decision case. Number 57/Pid.Sus/2022/PN.Pwr. The researchdmethodiused in this research is a normativeijuridical research method soait canabe concluded asafollows: 1. Legal policy is divided into two, namely panel legal policy and non-panel legal policy. 2 Theaapplication ofathe law forathe criminal act of molesting minors is regulatedain the CriminalaCode Articlesa289 toa296, to provide sanctions for perpetrators of criminal actsaof molestingiminors, namelyiby providing inaaccordanceaiwith Law no. 23 of 2002aconcerning ChildaProtection, includingathe provision of prison sentences andafines. 3. The person responsible for the defendant in the case of Purworejo Criminal Decision Number 57/Pid.Sus/2022/PN.Pwr, namely the defendant was foundaguilty becauseahe was provenato have committed an act of sexual immorality against a minor The defendant wasasentenced toaimprisonment for 8 (eight) yearsaand aafine of idr. 60,000,000,- (sixty millionarupiah) withathe provisionathat ifanot replacedaby imprisonmentafor 6 (six)amonths
ANALISIS PEMIDANAAN TERHADAP ANAK SEBAGAI PENGEDAR NARKOTIKA DALAM PERSPEKTIF PSIKOLOGI KRIMINAL Yulia Utami; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This study aims to determine the efforts in preventing children from becoming drug dealers and to understand the role of criminal psychology as a benchmark in imposing penalties on children. The research method used in this study is empirical, which focuses on empirical facts derived from human behavior, including verbal behavior obtained from interviews and actual behavior observed through direct observation. The results of this research show that the sentencing of children involved in drug trafficking. Judges make decisions based on sentencing theory, particularly the combined theory, where judges impose prison sentences as a deterrent and provide vocational training as a rehabilitative aspect. However, economic reasons consistently serve as a shield in mitigating sentences for children. In criminological theory, criminal actions do not exist in isolation, which is why criminal psychology plays a crucial role in balancing the imposition of penalties on children
PERLINDUNGAN HUKUM BAGI ANAK KORBAN KEKERASAN SEKSUAL Pruntus Sudarmaji; Muhamad Hasan Sebyar
JOURNAL OF LAW AND NATION Vol. 2 No. 1 (2023): Journal of Law and Nation
Publisher : INTELIGENSIA MEDIA

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Abstract

This research aims to examine legal protection for children who are victims of sexual violence. The research method in this research uses a literature study approach, focusing on theoretical studies, references, scientific literature, as well as reference books and similar research results. Qualitative analysis will be carried out to understand the relationship between theory and practice of the role of law in investigating revealed cases of children as accident victims. The results of this research show that legal protection for children who are victims of sexual crimes involves various forms of assistance such as legal aid, rehabilitation, health services and social security according to their needs. However, there are obstacles, both in terms of legal substance, legal structure, legal culture, as well as the lack of facilities and infrastructure that function optimally. Protection of child victims of sexual crimes requires updating and strengthening the substantive aspects of the law, increasing public awareness, as well as easy access for children to competent legal assistance. Rehabilitation services and psychological support also need to be a priority in their recovery process. Collaboration between the government, private institutions, civil society organizations and other related parties is considered key to providing effective protection for child victims of sexual crimes
Legal Status of a Wife Leaving Her Husband and Vice Versa in Contextual Fiqh Studies: A Pre-Divorce Analysis Haddad Ulum Harahap; Muhammad Fadhlan Is; Amrar Mahfuzh Faza; Muhamad Hasan Sebyar
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 1 (2025): April
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i1.7158

Abstract

The issue of a wife leaving her husband or vice versa before an official divorce is a critical topic in Islamic jurisprudence (fiqh), raising legal, ethical, and social concerns. This study examines the legal status of such separations through the lens of various schools of thought (madhhab), analyzing spousal rights and obligations in pre-divorce contexts. Employing a qualitative method, it draws from primary Islamic legal sources, as well as contemporary statutory frameworks in Muslim-majority countries. Findings reveal that Islamic law distinguishes between justified and unjustified separation. A wife who separates without valid reason may be deemed nusyuz, which affects her right to nafaqah (maintenance), while a husband remains responsible for financial obligations until the divorce is finalized. Conversely, if separation is due to harm, negligence, or abuse, mechanisms such as fasakh (annulment) or khulu' (divorce initiated by the wife) may be pursued under Islamic principles. These doctrines aim to protect the rights of both parties and prevent injustice in marital relationships. From the perspective of civil law, legal separation is not explicitly codified, but courts may provide temporary arrangements through mediation and judicial orders. Customary law often manages informal separations through community mediation and traditional consensus. In Indonesia, religious courts (peradilan agama) handle pre-divorce separations as part of divorce proceedings, emphasizing mediation and evaluating interim living arrangements, financial duties, and child custody. Beyond legal analysis, the study highlights broader social consequences: women and children are often left vulnerable during informal separations, while unresolved conflicts can fragment social harmony
Revitalising Maskan during ʿIddah: A Fiqh Analysis of Contemporary Post-Divorce Challenges in Indonesia Muhamad Hasan Sebyar; Anisa Anisa; Hadi Asrori; Sukiati Sukiati; Moh. Buny Andaru Bahy
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.11534

Abstract

This article explores the role of maskan (post-divorce residential rights) during the ʿiddah period as a meaningful mechanism for post-divorce reconciliation, employing a normative–empirical research design. The study integrates a conceptual analysis of Islamic legal sources with a socio-legal approach that engages contemporary legal practices, mediation processes, and the practical implementation of family law in Indonesia. Rather than treating maskan as an abstract doctrinal provision, this research situates it within the lived experiences of divorcing couples and legal actors. The findings reveal that when maskan is reduced to a mere legal formality, its capacity to foster dialogue, emotional stabilisation, and reconciliation is substantially weakened. In such contexts, residential arrangements during ʿiddah often fail to provide the psychological and relational space necessary for reflection and communication between former spouses. Conversely, empirical evidence shows that residential continuity during the ʿiddah period—when accompanied by effective mediation mechanisms and clear legal safeguards—can help prevent conflict escalation and significantly increase the prospects for marital reconciliation. By engaging contemporary socio-legal realities, this study reframes maskan as a protective and relational institution rather than a static legal rule. Drawing on the objectives of Islamic law (maqāṣid al-sharīʿah), maskan is conceptualised as serving broader aims, including the preservation of family integrity, the protection of human dignity, and the maintenance of social stability. On this basis, the article proposes a contextualised framework that bridges normative Islamic principles with practical legal needs. Policy recommendations include developing community-based transitional housing schemes, institutionalising court-integrated mediation during the ʿiddah period, and enforcing legal protections against unlawful eviction. Reconceptualised in this way, maskan emerges as both a legal entitlement and a socio-institutional instrument, enabling the ʿiddah period to function as a constructive phase that balances women’s rights, legal certainty, and the realistic possibility of post-divorce reconciliation. The primary academic contribution of this article lies in its reconceptualisation of maskan as a relational socio-legal institution within Islamic family law. By integrating normative Islamic legal principles with empirical socio-legal insights, this study moves beyond doctrinal readings that frame maskan solely as a post-divorce obligation.
Co-Authors A. Fakhruddin Abdul Halim Talli Abraham Ethan Martupa Sahat Marune Ahmad Dzulkifli Rahmatullah Aji Benny Wicaksono Anisa Anisa Ansori, Muhammad Iqbal Arminsyah Arminsyah Asmuni Asmuni Dinda Aprilita Herera Fauzul Fil Amri Faza, Amrar Mahfuzh Haddad Ulum Harahap Hadi Asrori Harahap, Purnama Hidayah Heri Wibowo Hidayat, Beni Darmawan Hina Al Kindiya Irham, M. Iqbal Jefriandi Jefriandi Juantilo Gurusinga Man, Yovenska L Moh. Buny Andaru Bahy Mualimin Mochammad Sahid Muhammad Fadhlan Is Muhammad Hidayat Muhammad Rezki Hidayah Nabila Haviazzahra Nur Azizah Nursa Erizon Oong Supono Orlando, Galih Pagar Pagar Prasetia, Yoga Pratama, Dayan Pruntus Sudarmaji Puput Dedi Kurniawan Putra, Fisika Prasetyo Rahmad Efendi Rahmadany, Rahmadany Ratu, Yulia Riko Aji Pratama Rio sandra Saputri, Risky Dita Siti Nurjanah Sukiati Sukiati Sukiati Sukiati Sukiati Sukiati Sumper Mulia Harahap, Sumper Mulia Supardi Mursalin Tauhid Tauhid Turnip, Ibnu Radwan siddik Wahyu Abdul Jafar Wulandari, Martina Ayu Yulia Utami Zahra Afina Mahran Zeni Sunarti Zulfahmi