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All Journal Masalah-Masalah Hukum Jurnal Legalitas Al-Ulum Al-Mizan (e-Journal) Jurnal Al Himayah Jurnal Hukum Volkgeist Musamus Law Review Jurnal Restorative Justice Al-Adalah: Jurnal Hukum dan Politik Islam Al-Manahij : Jurnal Kajian Hukum Islam Al-Mujtahid: Journal of Islamic Family Law INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS) SASI
Asriadi Zainuddin
IAIN Sultan Amai Gorontalo
Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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CHALLENGES IN ENFORCING HATE SPEECH LAWS IN INDONESIAN POLITICS Diego Romario De Fretes; Asriadi Zainuddin; Darmawati Darmawati; Muhammadong Muhammadong; Putri Maha Dewi
INTERNATIONAL JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS (INJOSS) Vol. 2 No. 3 (2023): SEPTEMBER
Publisher : ADISAM PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/injoss.v2i3.89

Abstract

Enforcing hate speech laws in Indonesian politics has posed significant challenges in the past. These challenges have impeded the effective implementation of legal measures designed to address hate speech and ensure a fair and inclusive political environment. One of the key challenges was the need for a clear and comprehensive legal framework. Historically, hate speech laws in Indonesia were criticized for being vague and open to interpretation, leading to inconsistent application and potential bias in enforcement. The absence of specific guidelines and criteria for identifying hate speech hindered the prosecution process. Political pressures and biases also posed significant obstacles to enforcing hate speech laws. The influence of political affiliations and interests often interfered with objective decision-making, leading to selective enforcement or leniency based on political considerations. This compromised the impartiality and independence of the enforcement process. Moreover, limited capacity and training among law enforcement agencies and judicial institutions created further hurdles. There needs to be more understanding of hate speech issues, lack of expertise in investigating and prosecuting such cases, and inadequate resources hampering the effective implementation of hate speech laws. These challenges in enforcing hate speech laws in Indonesian politics have hindered the protection of fundamental rights, fostered polarization, and undermined the inclusive nature of the political discourse. Addressing these challenges requires comprehensive legal reforms, capacity building for law enforcement and judicial institutions, and strategies that effectively tackle hate speech in the digital realm.
Challenges and Implementation of Human Rights in the Personality Development of Elderly Prisoners Tajuddin, Mulyadi Alrianto; Darmawati, Darmawati; Zainuddin, Asriadi; Pramukti, Lilis
Al-Adalah: Jurnal Hukum dan Politik Islam Vol 9 No 2 (2024)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v9i2.6294

Abstract

This research aims to analyze the challenges and implementation of human rights in the personality development of elderly prisoners in Merauke Class IIB Prison. The research is limited to two main questions: How is, the personality development of elderly prisoners carriedis  out in the Merauke Class IIB Prison? Secon., what challenges are faced in implementing human rights in providing personality development to elderly prisoners in Merauke Class IIB Prison? This empirical juridical research examines legal regulations based on cases related to the implementation of personality development for elderly prisoners in Merauke Class IIB Prison. The research results show that first, the personality development activities for elderly prisoners carried out by the Merauke Class IIB Prison are limited to spiritual and moral development through direct and familial interaction between facilitators and inmates, systematic and planned development, and individual and group approaches. Second, Merauke Class IIB Prison faced several challenges in implementing human rights for elderly prisoners, such as inadequate provision of facilities and infrastructure, lack of socialization about human rights, which results in officers being less aware of prisoners' rights, and deficiencies in human resource capabilities and skills Necessary to direct organizational goals. Researchers suggest that the implementation of personality development for elderly prisoners must strictly adhere to the Minister of Law and Human Rights Regulation Number 32 of 2018. Every article in it can be taken carefully.
Ius Constituendum on the Doctrine of Unlawful Nature in the Law on the Eradication of Corruption After the Constitutional Court Decision Number 003/PUU-IV/2006 Nusa, Apriyanto; Zainuddin, Asriadi; Imran, Suwitno Yutye; Darmawati, Darmawati
JURNAL LEGALITAS Vol 17, No 2 (2024)
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jelta.v17i2.27960

Abstract

The unlawful teachings in the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption have been considered by the Constitutional Court as a norm that is contrary to the Constitution of the Republic of Indonesia in 1945, and does not have binding legal force. This condition has legal implications for the meaning of unlawful elements in Article 2 paragraph (1) of the Law on the Eradication of Corruption, becoming vague (vague norm). The purpose of this study is to analyze the unlawful teachings in the Law on the Eradication of Corruption in Ius Constituendum. This research uses normative legal research, which formulates the aspired law (ius constituendum) on the meaning of the element against the law (wederrechtelijkeheid) in the Corruption Eradication Law after the Constitutional Court Decision Number 003/PUU-IV/2006. The results of the discussion show that by assessing the basis of the Constitutional Court's legal considerations (ratio decidendi) Number 003/PUU-IV/2006. The cancellation of the explanation of Article 2 paragraph (1) of the Law on the Eradication of Corruption which adheres to the teachings of the nature of the act of violating formal and material laws, because it is considered that the concept of materiele wederechtelijk, which refers to unwritten law, is an uncertain measure.  The unlawful element in Article 2 paragraph (1) of the Law on the Eradication of Corruption Crimes is still interpreted as against formiele wedderechtelijkeheid and against materiele wedderecjhtelijkeheid in its negative function. As for its positive function, it must be considered contrary to the principle of protection and fair legal certainty regulated in Article 28D of the 1945 Constitution.
Legal Authority and Marital Identity: A Study on the Kalosara Tradition of the Tolaki People in Southeast Sulawesi Ahmadi; Zainuddin, Asriadi; Zainal, Asrianto; Darlis, Syamsul
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 18 No. 2 (2024)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v18i2.11956

Abstract

For the Tolaki indigenous people, a marriage is considered valid when it is conducted in accordance with the kalosara tradition. This signifies that the legitimacy of marriage among the Tolaki people of Southeast Sulawesi is not determined by adherence to Islamic law or state regulations, but by the observance of the kalosara customary practice. This study seeks to explore the kalosara tradition as the prevailing authority in the marriage law of the Tolaki community in Southeast Sulawesi, and to analyze the perspectives of Islamic law through the concepts of ‘urf and maṣlaḥa mursala in relation to this tradition. Employing a qualitative research method with an empirical-normative approach, data were gathered through interviews with traditional leaders, community figures, and religious authorities. The findings of the study indicate that the kalosara tradition in Tolaki community wedding ceremonies consists of three stages: seeking permission, the proposal, and the marriage contract. The Tolaki people regard a marriage as valid only if it adheres to the kalosara tradition, establishing customary law as the dominant form of marriage law within the community. From the perspective of ‘urf, the kalosara tradition is deemed acceptable, as it fulfills the criteria of al-‘urf al-ṣaḥīḥ (good custom). Moreover, the kalosara tradition contributes to social welfare within the Tolaki community of Southeast Sulawesi. This research is expected to make a significant global contribution to the development of studies on marriage law and tradition. Furthermore, it is deserving of recognition as a valuable academic resource addressing societal legal needs concerning the practice of marriage traditions.
LEGAL PROTECTION OF YEI PEOPLE'S KNOWLEDGE OF LOCAL MEDICINES AND MEDICINAL PLANTS FROM EXTINCTION Purwanda, Sunardi; Rado, Rudini Hasyim; Susanti, Diana Sri; Zainuddin, Asriadi; Syahril, Muh. Akbar Fhad
Masalah-Masalah Hukum Vol 53, No 3 (2024): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.53.3.2024.237-248

Abstract

Food security investments have brought conflict between local indigenous communities and the government in South Papua. The research aims to encourage protection and recognition efforts from the state towards indigenous peoples' entities. This research uses socio-legal studies. The research found sixteen plants that function as medicine. Inventory in the form of "recording" communal intellectual property is the first step to protecting all communal intellectual property that has never been recorded before. The Yei Indigenous People or the local government should work together to register with the Ministry to obtain rights to communal intellectual property, which will impact state action in protecting and defending communal intellectual property rights. 
Model for Fulfilling the Right to Work for Persons with Disabilities as an Effort to Protect the Law Asriadi, darmawati; Zainuddin, Asriadi
Jurnal Hukum Volkgeist Vol. 9 No. 1 (2024): DECEMBER
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/volkgeist.v9i1.6696

Abstract

The issue of fulfilling the rights of people with disabilities is still being discussed today. People with disabilities are often considered as citizens of society who are unable to carry out their duties and responsibilities so that they are sometimes not accepted in the world of work and their rights are often ignored. It is not uncommon for people with disabilities to also have limitations in accessing education due to limited SLB, infrastructure and accessibility for them. This phenomenon is starting to receive attention, especially in Gorontalo Province. The purpose of this study is to find out and analyze the implementation of the fulfillment of work for people with disabilities in Gorontalo Province and find the ideal concept of fulfilling the right to work for people with disabilities. The approach used is a empirical approach with data collection sourced from interviews, questionnaire distribution, literature searches through books, journals, and online media. The results of the study show that the fulfillment of the right to work for people with disabilities has not fully run as expected because it is caused by several factors including discrimination problems, difficulty in obtaining jobs due to the limitations of education and the abilities they have, accessibility and supporting facilities for the fulfillment of the right to education are still limited. The ideal concept of fulfilling the right to work for persons with disabilities is carried out by strengthening the policy framework, strengthening the private sector and the capacity of persons with disabilities and changing the perspective of the public regarding persons with disabilities.
Marriage Registration Law Reformulation in Indonesia (Studi of Law and Regulations on Marriage) Zainuddin, Asriadi; Jamil, Abdul; Sumanto, Dedi
SASI Volume 28 Issue 3, September 2022
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v28i3.1033

Abstract

Introduction: Marriage registration serves to create order in the administration of marriage in society as well as to ensure the upholding of the rights and obligations of husband and wife. This is a preventive state law policy to coordinate the community for the realization of order and order in the system of life, including in marital problems which are believed to be inseparable from various irregularities and disputes between husband and wife. Therefore, the involvement of the authorities/state in regulating marriage in the form of registration is a must.Purposes of the Research: The purpose of this study is to examine and analyze the formulation of legal substance regulation of marriage registration in Indonesia and to analyze and formulate the ideal concept of reformulation of marriage registration law in Indonesia.Methods of the Research: This research is a type of qualitative study that starts from the constructivism paradigm. The approach method used in this study is the socio-legal approach method (socio legal study). A study that examines law as a social fact that can be seen in the realm of experience as a pattern of behavior in the form of social institutions.Results of the Research: The reformulation concept offered by the author is to revise the sound of Article 2 paragraphs 1 and 2 which requires registration of marriages and contains criminal sanctions in it with the aim of providing a deterrent effect for perpetrators of underhand marriages. in the sense that this criminal sanction is used if the previous related sanctions are no longer powerless in the sense that this criminal sanction is a criminal sanction that is used after civil or administrative sanctions are applied.
Problematika Hukum Dalam Bingkai Pemikiran Muhammad Shahur Zainuddin, Asriadi; Nurkamiden, Sukrin; Sumanto, Dedi
Jurnal Al Himayah Vol. 9 No. 1 (2025): Al Himayah
Publisher : Jurnal Al Himayah

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Penelitian ini bertujuan untuk menganalisis problematika hukum dalam bingkai pemikiran Muhammad Shahrur, seorang pemikir Islam kontemporer yang memiliki pandangan unik tentang hukum Islam. Penelitian ini menggunakan pendekatan penelitian kualitatif dengan metode analisis tekstual dan kontekstual. Hasil penelitian menunjukkan bahwa pemikiran Shahrur tentang hukum Islam memiliki beberapa problematika, antara lain kritik terhadap pandangan tradisional ulama, penekanan pada akal dan logika, dan konsep hukum yang dinamis. Penelitian ini juga menunjukkan bahwa pemikiran Shahrur tentang hukum Islam memiliki implikasi yang signifikan terhadap otoritas ulama dan lembaga keagamaan tradisional. Pemikiran studi Islam telah mengalami banyak perkembangan. Beberapa tokoh dari latar akademik yang beragam muncul menawarkan format pemikiran yang mengakibatkan semaraknya nuansa intelektual Islam. Distingsi antara produk pemikiran tokoh yang satu dengan lainnya acapkali terlihat, namun tak jarang pula ditemukan kesamaannya. tterbuka terhadap beragam pemaknaan dan penafsiran.
Problematika Sertifikasi Tanah Wakaf Masjid Di Kecamatan Kabila Bone Dusa, Muslan K.; Faisal, Ahmad; Zainuddin, Asriadi
Al-Mizan (e-Journal) Vol. 21 No. 2 (2025): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v21i2.6865

Abstract

Waqf is a social act of worship that provides benefits to humanity, but it needs to be supported by certification to preserve its purpose. This article aims to identify and analyse the problems of certifying mosque waqf land in Kabila Bone Subdistrict. This research employs a descriptive qualitative approach in a field setting. The data sources comprise primary data collected through observation and interviews, as well as secondary data from statutory legislations, books, articles, and research results. The sample was determined through interviews using the purposeful sampling technique, employing a semi-structured interview model, with mosque administrators and the Religious Affairs Office in Kabila Bone Subdistrict. The results of the study indicate that the obstacles to implementing mosque land waqf certification in Kabila Bone Subdistrict are primarily due to a lack of coordination between mosque administrators and waqf donors (waqif), a limited understanding of the waqf certification mechanism, and incomplete administrative documents. Solutions to overcome these problems were implemented internally by the mosque administrators, who coordinated with the waqif and the Kabila Bone Subdistrict Religious Affairs Office, and externally by the Kabila Bone Subdistrict Religious Affairs Office through waqf socialisation.
Susuan Dalam Tinjauan Tafsir Ayat-Ayat Ahkam Ramadhona, Suci; Rafiqah, Lailan; Sumanto, Dedi; Zainuddin, Asriadi
Al-Mizan (e-Journal) Vol. 19 No. 2 (2023): Al-Mizan (e-Journal)
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat Institut Agama Islam Negeri Sultan Amai Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30603/am.v19i2.4084

Abstract

Breastfeeding is a bonding of a mother to her baby which is natural to meet the basic needs of the baby so that it can grow and develop physically and psychologically properly. Islamic teachings explicitly regulate this in the Qur'an and Hadith, which aim to make the basic life processes of a child follow Islamic law. This study aims to analyze breastfeeding (ar-radha'ah) problems, especially regarding breastfeeding of non-biological children which creates intimacy between mother and child, and contemporary problems related to breastfeeding through the verses of law in the Qur'an based on the opinion of scholars, especially commentators. The research in this paper uses qualitative methods with data collection techniques based on literature study by reading several references such as the Qur'an, hadith, books, and articles, and analyzing the opinions of commentators. The results of this study state that breastfeeding is recommended for mothers to their biological children, but breastfeeding is carried out by mothers to non-biological children, so this breastfeeding has legal implications, namely the prohibition of marriage. Breastfeeding creates friendship between mothers who donate breast milk and babies who are breastfed either through direct suction (tsadyu) or not, even if it's only one suck or by way of fair (sau'ut) which lasts for two years because this will form bones and grow flesh in the growth of the baby so that it will make marriage illegal. In ar-radha'ah include recommendations for breastfeeding, the father's obligation to provide support during breastfeeding, the permissibility of breastfeeding children other than the biological mother, and the nature of breastfeeding.
Co-Authors Abdul Jamil Abdul Jamil Ahmad Faisal Arpin Arpin Asriadi, darmawati Darlis, Syamsul Darmawati Darmawati Darmawati Darmawati Dedi Sumanto Dedi Sumanto Dedi Sumanto Diana Sri Susanti Diego Romario De Fretes Dusa, Muslan K. Erni Dwita Silambi I Ketut Suada Mardhati Mardhati Marwan Marwan Mochammad Imron Awalludin Mohammad Ramdan Suyitno Muh Rusli Muh. Akbar Fhad Syahril Muh. Rusli Muhammad Thahir Muhammadong Mulyadi Alrianto Tajuddin Nurkamiden, Sukrin Nusa, Apriyanto Pramukti, Lilis Prawira, Ilham Abdi Putri Maha Dewi Rafiqah, Lailan Ramadhona, Suci Rudini Hasyim Rado Saputri, Vioni Sunardi Purwanda Suwitno Yutye Imran Virahmawaty Mahera Zainal, Asrianto