Moh Zakky
Universitas Islam As-Syafiiyah

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Penerapan Pemberian Hak Asuh Anak Belum Mumayyiz kepada Ayah dalam (Studi Kasus Perkara Nomor 2887/Pdt.G/2017/Pa Js) Asima Naslah; Rohmad Adi Yulianto; Moh Zakky
Jurnal Hukum Jurisdictie Vol 3 No 1 (2021): Aspek Syariah dalam Perkembangan Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (406.928 KB) | DOI: 10.34005/jhj.v3i1.37

Abstract

This study entitled the application of mumayyiz (maintaining and educating children to adults or able to stand alone) child custody rights to fathers. The formulation of the problem in this study are: (1) How is the arrangement of custody of children to children not yet mumayyiz in the Islamic Law Compilation? (2) Does the Compilation of Islamic Law also regulate the granting of unmumayyiz child custody to the father after the divorce? (3) How is the application of the provision of child custody rights to the father in case Number 2887 / Pdt.G / 2017 / PA JS? This research method is Normative Law. legal research is a method that examines document studies, namely using various data such as court decisions, legal theory, legislation and the opinions of scholars in the research location. Data were analyzed using descriptive analysis method. The results of the study show that the regulation and legal basis regarding granting custody of children is not yet mumayyiz to the father which is a marriage bond between a man and a woman, but on the way to fostering a household it has broken based on the Court's decision in 2015, from the divorce has given birth. two children who are not yet mumayyiz. The occurrence of a lawsuit for child custody has not yet been filed with the Court. Where the main point of the dispute between the Plaintiff and Defendant is regarding child custody based on the provisions of Article 49 paragraph (2) number 11 of Law Number 7 of 1989, as amended by Law Number 3 of 2006 and Law Number 50 Years 2009 jo. Article 156 letter e Compilation of Islamic Law, this case is the absolute competence of the religious court. Previously the Panel of Judges had attempted to reconcile the Plaintiff and Defendant, as well as the mediation process was carried out, but it was unsuccessful, and the parties had two witnesses who gave testimony during the process. the trial which has a proof value is independent (vrij bewijs kracht). From the hadil of the research, the stages of handling cases of child custody have not been mumayyiz which decided that the child custody falls to the father to guarantee a sense of security, peace.
Perlindungan Konsumen Muslim terhadap Produk Pangan Daging Non Kemasan melalui Jaminan Produk Halal Intan Nurani; Moh Zakky; Efridani Lubis
Jurnal Hukum Jurisdictie Vol 3 No 1 (2021): Aspek Syariah dalam Perkembangan Hukum
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (480.993 KB) | DOI: 10.34005/jhj.v3i1.40

Abstract

Related to the validity of non-packaged meat food products, Law No. 8 of 1999 on Consumer Protection only stipulates that business actors are prohibited from producing and/or trading goods and/or services that do not follow the provisions of halal production, as stated "halal" contained in the label. Regarding the necessity of halal information in non-packaged meat food products, it can be seen in Law No. 33 of 2014 on Halal Product Guarantee, which includes "products" in the Halal Products Act are goods and / or services related to food, beverages, drugs, cosmetics, chemical products, biological products, genetic engineering products, and used goods used, used, or utilized by the community. While what is meant by halal products is products that have been declared halal in accordance with Islamic sharia. The Halal Product Law has clearly stipulated that products entered, circulated, and traded in the territory of Indonesia must be halal certified. So basically, if the product sold is halal, then it must be halal certified. Consumer protection law today gets quite attention because it concerns the rules for the welfare of society, not only the community as consumers who get protection, but business actors also have the same right to protection, each has rights and obligations. The government plays a role in regulating, supervising, and controlling so as to create a conducive system that is related to each other, thus the goal of the welfare of society at large can be achieved. In healthy business activities there is a balance of legal protections between consumers and producers. The absence of balanced protection causes consumers to be in a weaker position even if the product produced by the manufacturer is a limited type of product, it will certainly harm the consumer. Haram food has been detailed in the Quran, while halal food is not explained, which is why in Indonesia it is regulated about halal certification with the aim that the interests of consumers can be protected.
Penegakkan Hukum terhadap Tindak Pidana Pencurian Data Pribadi melalui Internet Ditinjau dari Undang-Undang Nomor 19 Tahun 2016 tentang Perubahan Atas Undang-Undang Nomor 11 Tahun 2008 tentang ITE (Informasi dan Transaksi Elektronik) Mia Puspita Sari; Damrah Mamang; Moh Zakky
Jurnal Hukum Jurisdictie Vol 3 No 2 (2021): Hukum dalam Dunia Digital
Publisher : Fakultas Hukum Universitas Islam As-Syafi'iyah

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (229.148 KB) | DOI: 10.34005/jhj.v3i2.44

Abstract

Mia Puspita Sari, 1220150021, Law Enforcement of the Crime of Personal Data Theft Through the Internet Judging from Law No. 11 of 2008 concerning Amendments to Law No.19 of 2016 concerning ITE (Information and Electronic Transactions) Faculty of Law, Islamic University As-Syafi’iyah, 2020. This thesis discusses the theft of personal data that often occurs but law enforcement is still minimal. The object of research uses a case study of the Purwakarta District Court Decision with the problem approach used is the normative juridical problem approach, namely the approach taken through literature study by examining secondary data in the form of laws and regulations, and empirical juridical by conducting interviews with several sources of regulation analysis and analysis law enforcement process. Lack of awareness of the victims to report their cases, makes the law enforcement process is still minimal. Based on the results of the research and discussion carried out that in law enforcement against the theft of personal data of the user of the provider is carried out by means of prosecution and non-punishment by the Purwakarta Regional Police and the Ministry of Communication and Information.