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All Journal JURNAL HUKUM Jurnal Hukum Khaira Ummah QIJIS (Qudus International Journal Of Islamic Studies) International Journal of Law Reconstruction Jurnal Ilmiah Hukum LEGALITY Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Khazanah Hukum Law Development Journal Proceedings Series on Social Sciences & Humanities Volksgeist: Jurnal Ilmu Hukum dan Konstitusi International Journal of Law Society Services Innovative: Journal Of Social Science Research Jurnal Ilmiah Sultan Agung SASI TABELLIUS
Andri Winjaya Laksana, Andri Winjaya
Fakultas Hukum Universitas Islam Sultan Agung
Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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The Sufism Healing as an Alternative Rehabilitation for Drug Addicts and Abusers Laksana, Andri Winjaya; Hartiwiningsih, Hartiwiningsih; Purwadi, Hari; Mashdurohatun, Anis
QIJIS Vol 11, No 1 (2023)
Publisher : IAIN Kudus

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21043/qijis.v11i1.15025

Abstract

This research aims to analyze and find the obligation of rehabilitation for drug addicts and abusers from the Islamic perspective and Sufism healing as an alternative rehabilitation for drug addicts. Sufism examines the spiritual aspects of Islam, while healing is the process of recovering from mental illness. This program plan becomes a hypothesis that is worth testing in prison for terrorism prisoners based on qualitative research methods with a phenomenological approach. Sufism healing has long been used to rehabilitate drug users in Islamic Boarding House (pesantren). The research approach in this research is a sociological juridical approach. The findings indicate that, according to an Islamic standpoint, rehabilitating those struggling with drug addiction is deemed obligatory due to the principle of al-Maqashid al-Syariah, which emphasizes the preservation of the mind (al-hifdzu al-aql) as an imperative need. The sufism healing, as a potential alternative approach to rehabilitating those struggling with drug addiction and substance misuse, centers on the objective of cultivating a greater connection with Allah the Almighty through the principles of takhalli, tahalli, and tajalli.
The Mother's Role in Building Children's Intelligence Using Social Media Musofiana, Ida; Madrah, Muna Yastuti; Laksana, Andri Winjaya
International Journal of Law Society Services Vol 3, No 2 (2023): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v3i2.32547

Abstract

Social media is a collection of internet-based applications based on web 2.0 ideology and technology to enable the creation and exchange of content by its users. The impacts arising from the covid-19 pandemic have affected all aspects, including legal, social, educational, etc. Like online schools, children often use cell phones to teach and understand that cell phones used to use social media should be intelligent and wise. This study uses sociological juridical research methods by going directly to the field to determine the actual conditions. This study indicates that mothers have difficulty understanding the importance of being intelligent and wise in using social media because if they are not wise and intelligent, it can cause new problems, not only social problems but also legal problems. The government has issued Law concerning Electronic Information and Transactions. It regulates various things to protect against the misuse of electronic information flows.
Criticism of legal protection for victims of drug abuse: the disharmony in legal substance regulation Laksana, Andri Winjaya; Widodo, Hendro; Siswanto, Moh Aris; Djunaedi, H. D.; Widiyoko, Setiawan
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36680

Abstract

This research aims to analyse the legal regulation of narcotics addicts in Indonesia and legal protection for victims of drug abuse, the disharmony in legal substance regulation.  Law Number 35 of 2009 concerning Narcotics in Indonesia establishes the legal framework for rehabilitation, protection and eradication of narcotics abuse at the national level. This regulation requires rehabilitation measures for narcotics users, especially those categorised as victims, and provides uniform law enforcement guidelines. On the other hand, regional regulations can expand and strengthen national regulations by adapting local approaches to suit the needs of local communities. This is legal research using qualitative research methods. Legal regulations for narcotics addicts in Indonesia are regulated in Law No. 35 of 2009 concerning Narcotics with a rehabilitative approach, but it still faces various challenges in its implementation. In Law No. 35 of 2009 concerning Narcotics, the disharmony of articles can arise due to several factors, including differing interpretations, unclear legal norms, or inconsistency with other relevant regulations. What is often debated is the different approaches between rehabilitation for narcotics addicts and criminal punishment for narcotics crime perpetrators in the Narcotics Law. Article 54 states that narcotics addicts are required to undergo medical and social rehabilitation. On the contrary, Article 127 paragraph (1) asserts that narcotics users without rights or against the law are subject to imprisonment.
The Injustice of Criminal Guidelines in the Act of Corruption Crime Margono, Margono; Bawono, Bambang Tri; Prayitno, Ahmad Hadi; Rimbawan, Andhika Yuli; Laksana, Andri Winjaya
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.40.2.359-374

Abstract

Corruption is an extraordinary crime that can damage the joints of the life of the nation and state. Corruption can cause various negative impacts, such as: reducing state revenues from the tax sector, reducing government spending in the education sector, resulting in low-quality infrastructure being built, slowing economic growth, causing government instability. The aims of this study is to find out about the injustice in the regulation of criminal guidelines for corruption crimes which makes the enforcement of corruption laws less strict in their punishment. The research method used normative juridical. The results of the study state that the Criminal Guidelines for Articles 2 and 3 of the Corruption Eradication Law in order to better cover other articles of corruption crimes and must change the criminal guidelines for very large losses must consider implementing maximum punishment in accordance with the criminal guidelines, the novelty produced for the criminal guidelines for corruption crimes must be regulated regarding the highest loss value must be adjusted to the heaviest punishment in accordance with the criminal guidelines in the Criminal Code.
Critical Opinion Paradigm Regulation of Criminal Actions of Drug Abuse Through Religious Rehabilitation Based on the Legal System Laksana, Andri Winjaya; Widodo, Hendro; Pramana, Dian
Media Iuris Vol. 7 No. 3 (2024): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v7i3.62984

Abstract

Addicts or users of narcotics are both victims and criminal perpetrators of crimes. All narcotics abusers utilizing criminal provisions are governed by the Article 127 of Law No. 35 of 2009 pertaining to narcotics According to Article 127, those who abuse drugs face jail time, while those who are addicted to drugs or who have been abused by them are sent to facilities for social and medical rehabilitation. However, it is often found that addicts experience a relapse after carrying out medical and social rehabilitation. When it comes to keeping drugs users from relapsing, religious rehabilitation is superior to medical and social rehabilitation. This study was carried out with a sociological juridical methodology. Purposive nonrandom sampling was the method employed for sampling. The data collection was carried out by library and field studies (through observation, questionnaires and interviews) of the authors and book users. Data analysis was performed using qualitative descriptive analysis. There is a gap in the motivation to resume drug use to shortcomings in medical and social recovery. Additionally, treating addicts with a religious approach that touches their hearts makes them less likely to hesitate to take drugs in the future.
Perspektif Hukum Pidana Terhadap Produk Belum Bersertifikat Halal dalam Usaha Perdagangan Saraya, Sitta; Handayani, Yusrina; Ayu, Dian Ratu; Laksana, Andri Winjaya
Innovative: Journal Of Social Science Research Vol. 5 No. 1 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i1.17676

Abstract

The Indonesian state guarantees and protects all citizens in all aspects. Indonesian citizens have the right to legal protection, as stated in Article 27 paragraph (1) of the 1945 Constitution of the Republic of Indonesia, which states that “All citizens shall be equal before the law and government and shall uphold the law and government with no exception”. In this article, citizens have the right to legal protection. In connection with the rights, in Article 27 paragraph (1) mentioned above, citizens also have obligations, one of which is obliged to obey the law and government. In everyday life, despite the implementation of laws and regulations, there are often behaviors from the community and corporations that deviate or conflict with laws and regulations. In connection with trade activities that sell a product, there are still business actors who have not maintained the halalness of a product such as not obtaining a Halal Certificate, this is of course very detrimental to the community as consumers, various matters related to consumer protection issues have always been discussed by the community, especially the community as disadvantaged consumers. This research is a normative juridical legal research, the purpose of this research is to be able to produce legal arguments regarding the perspective of criminal law on products that have not been certified halal in Indonesia, as well as to find out the regulation of halal certification and halal labeling as a form of legitimacy of the halalness of a product and legal protection for consumers in Indonesia
The Efforts to Prevent and Overcome Criminal Acts of Money Politics Bawono, Bambang Tri; Laksana, Andri Winjaya
International Journal of Law Society Services Vol 5, No 1 (2025): International Journal of Law Society Services
Publisher : LAW FACULTY UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlss.v5i1.43995

Abstract

One of the problems that often plagues the Indonesian nation is related to the crime of money politics. The crime of money politics is one of the ironies that has never been resolved to this day. In fact, the occurrence of these crimes is carried out simultaneously by the community. The type of research used in this study is sociological legal research using a qualitative approach. The results of the study state that the legal construction of the crime of money politics in the concept of legal certainty has been regulated in Government Regulation in Lieu of Law (Perpu) No. 1 of 2022 concerning Amendments to Law No. 7 of 2017 concerning General Elections and Law No. 6 of 2020 concerning Perpu No. 2 of 2020 concerning the Third Amendment to Law No. 1 of 2015 concerning the Stipulation of Perpu No. 1 of 2014 concerning the Election of Governors, Regents, and Mayors into Law. While efforts are being made to combat the occurrence of money politics, it is necessary to reconstruct that recipients should be allowed to receive money politics, but what is prohibited is only related to openly saying to choose a candidate for leader because it is contrary to the principle of secrecy.
The Protection of Human Rights in the Case of Non-Criminal Narcotics Users Laksana, Andri Winjaya
SASI Volume 29 Issue 4, December 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i4.1779

Abstract

Introduction: Narcotics use as a complex global issue has an impact on human rights, especially in the context of criminal law. Although some countries, including Indonesia, are beginning to recognize human rights protections in non-criminal narcotics use, the main challenge is striking a balance between strict regulation and appropriate protection for individuals who need narcotics for treatment or non-criminal purposes. Purposes of the Research:  The aim of this research is to analyze relevant laws and regulations and related practices in protecting human rights in the case of non-criminal narcotics users. Methods of the Research: This research uses normative legal research methods to analyze laws and regulations related to non-criminal narcotics use. Data sources include statutory documents, court decisions, and legal literature. Data analysis will look for patterns and evaluate regulatory compliance with human rights principles.Results of the Research: To protect human rights in cases of non-criminal narcotics use in Indonesia, legislation plays an important role, although challenges such as abuse of power and social stigma remain. Cooperation between government, NGOs and civil society is needed to implement existing regulations and increase public understanding of human rights. Indonesia needs to find a balance between strict narcotics regulations and protecting individual rights. This involves clear definitions for “non-criminal” narcotics, fair law enforcement, as well as safeguarding individual privacy. The challenges involve racial and social injustice in drug law enforcement and require an evidence-based approach that engages diverse stakeholders. Continuous research and analysis is needed to support better policies to address the narcotics problem.
Integrating Australian Employment Law Practice in Support of People with Disabilities in Indonesia Arpangi; Suwondo, Denny; Laksana, Andri Winjaya; Yassine, Chami
Khazanah Hukum Vol. 7 No. 2 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i2.44946

Abstract

Individuals with disabilities encounter markedly diminished work prospects relative to their non-disabled counterparts, attributable to societal hurdles, cultural bias, and inadequate legal safeguards. This study seeks to assess and incorporate inclusive employment practices from Australia into the legal and institutional framework of Indonesia. The research employs a normative legal method, incorporating doctrinal analysis and comparative study, to examine Australia's *Disability Employment Services (DES)* framework and the *Disability Discrimination Act 1992 (DDA)*, revised as of July 2023. The contrast underscores possible adaptations within Indonesia’s employment legislation framework, which remains deficient in explicit procedures for reasonable accommodation, efficient enforcement of disability employment quotas, and organized career coaching assistance.  Furthermore, the study highlights significant disparities in institutional capability and legal culture between the two nations—Australia maintains a rights-based anti-discrimination legal framework, but Indonesia persists with sectoral and charity-focused methodologies. The results demonstrate that the partial integration of DES and DDA concepts is achievable, contingent upon contextual modifications to accommodate Indonesia's socio-political conditions, institutional constraints, and prevailing legal structures. Essential recommendations encompass the formulation of adaptable work accommodation regulations, the introduction of wage subsidies or tax incentives, the creation of training programs specific to disability categories, and the enhancement of employment oversight agencies equipped to combat workplace discrimination. These findings confirm that implementing Australia’s inclusive employment policies could strategically advance the establishment of a fairer and empowered workplace for individuals with disabilities in Indonesia, aligning with global standards and Indonesia’s constitutional commitment to equality.
Implementasi Restorative Justice dalam Penghentian Penyidikan di Kepolisian Resor Kendal Saraya, Sitta; Laksana, Andri Winjaya; Wahyuningsih, Sri Endah
Proceedings Series on Social Sciences & Humanities Vol. 23 (2025): Proceedings of Seminar Nasional Kebaharuan KUHP Nasional dan Urgensi Pembaharuan KUH
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v23i.1553

Abstract

Dalam penegakan hukum pidana, restorative justice merupakan alternative penyelsaian perkara tindak pidana yang semula mekanismenya berfokus pada pemidanaan atau penjatuhan sanksi pidana dan bersifat pembalasan, kemudian melalui proses mediasi yang melibatkan korban, pelaku, keluarga pelaku maupun korban dan pihak lain yang berkaitan baik itu tokoh masyarakat, tokoh agama,tokoh adat, pemangku kepentingan, serta pihak Kepolisian yang bertujuan pada pemenuhan hak korban guna pemulihan korban. Restorative Justice juga sering dikenal dengan keadilan restoratif. Dalam penelitian yang dilakukan oleh penulis, bahwa penerapan keadilan restoratif seringkali seakan dipaksakan walaupun beberapa kasus atau tindak pidana bisa dihentikan penyidikannya melalui Restorative Justice. Namun ada tindak pidana yang atas permintaan dari korban pada akhirnya penyidikan dihentikan sesuai Peraturan Kapolri Nomor 8 Tahun 2021 tentang Penanganan Tindak Pidana Berdasarkan Keadilan Restoratif, meskipun korban menanggung kerugian secara fisik dan psikis. Penelitian ini disimpulkan rumusan masalah yang pertama implementasi penghentian penyidikan di Kepolisian melalui Restorative Justice dan yang kedua hambatan yang dihadapi pihak Kepolisian Resor Kendal dalam penerapan Restorative Justice pada penghentian penyidikan. Metode penelitian ini merupakan metode yuridis sosiologis dan hasil penelitian ini diambil dari hasil kesimpulan penulis sebagai saksi ahli di Kepolisian Resort Kendal yang merujuk pada Peraturan Kapolri Nomor 8 Tahun 2021 Tentang Penanganan Tindak Pidana Berdasarkan Keadilan Restoratif.
Co-Authors Adriano, Muhammad Ricky Ali, Nuraliah Anis Mashdurohatun Anugerah, Muhammad Dito Argo Victoria, Ong Arpangi Bambang Tri Bawono Dian Pramana Djunaedi, H. D. dwi wahyono Fareha, Nur Handayani, Yusrina Hargiharso, Muhammad Dimas Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Hendro Widodo Hidayat, Yudhi Taufiq Nur Ida Musofiana, Ida Khasanah, Dian Ratu Ayu Uswatun Madrah, Muna Yastuti Malau, Nike Rumondang Margono Margono Marpaung, Marzuki Joshua Maulidiawati, Wahdah Moh. Nurul Huda, Moh. Nurul Muhammad Iqbal Nooryono, Makhsyar Partimi, Yuli Prayitno, Ahmad Hadi Putratama, Muhammad Rafly Resmi, Puji Rimbawan, Andhika Yuli Saraya, Sitta Sijabat, Niko Andri Silaban, Roynaldo Siswanto, Moh Aris Sitanggang, Marulitua Johannes Sri Endah Wahyuningsih Suranto Suranto Suwondo, Denny Widayati Widayati Widiyoko, Setiawan Widono, Janu winanto, winanto Yassine, Chami