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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 LEGAL POSITION OF ISLAMIC BOARDING SCHOOL (PESANTREN) AS A REHABILITATION EFFORT FOR NARCOTICS ABUSE Laksana, Andri Winjaya
International Journal of Law Reconstruction Vol 5, No 2 (2021): International Journal of Law Reconstruction
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/ijlr.v5i2.17756

Abstract

Islamic Boarding School or Pesantren is not only a place to teach religion, but also teaches other fields such as agribusiness and even rehabilitation for narcotics addicts. Rehabilitation is a process of integrated treatment activities to free addicts from drug dependence. Pesantren is one of the places that can be used to rehabilitate people who are addicted to drugs by using Islamic values that are usually applied to the students of Islamic boarding schools. This socio-legal research is descriptive in nature, strengthened by analysis of prescriptive interpretation. The results obtained from this study are the position of the Pesantren in the rehabilitation of drug abuse by applying two treatment methods for drug addicts, namely medical treatment and non-medical treatment. The rehabilitation process for narcotics addicts is the first, ablution, the second dzikr, the third five daily prayers in congregation, fourth, fasting on the Monday and Thursday, fifth or the last one is night prayer (Qiyamullail).
Rehabilitation of Drug Abuse Victims from a Humanist Perspective Laksana, Andri Winjaya; Argo Victoria, Ong
Law Development Journal Vol 7, No 3 (2025): September 2025
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.7.3.469-483

Abstract

Drug abuse is one of the crucial problems faced by the Indonesian nation, not only as a legal issue, but also as a health and human rights issue. In Law Number 35 of 2009 concerning Narcotics, rehabilitation is regulated as a form of treatment for addicts. However, there is still ambiguity regarding the status of rehabilitation: whether it is a right that must be guaranteed by the state, or an obligation that must be carried out by addicts. This article aims to analyze the position of rehabilitation in the perspective of Indonesian positive law and examine the concept within the framework of human rights. The method used is normative juridical with a legislative and conceptual approach. The results of the study indicate that rehabilitation should be positioned as a fundamental right guaranteed by the state in order to fulfill the right to health, as well as being a more humane alternative to criminal punishment. The results of this study indicate that interpersonal communication built between counselors and drug addict patients uses a humanistic approach, including (1) Approaching Drug Addict Patients to Foster an Open Attitude, which is very influential in fostering effective interpersonal communication between counselors and addicts. (2) Cultivating an Attitude of Empathy, Counselors towards patients or vice versa, as a willingness to understand others completely both what is visible and what is contained, both in the aspects of feelings, thoughts and desires, when empathy grows in the interpersonal communication process, then the atmosphere of the communication relationship will be able to develop and grow an attitude of mutual understanding and acceptance, (3) Cultivating Positive Feelings in patients/clients, the success of interpersonal communication depends a lot on the quality of one's views and feelings; positive or negative. Positive views and feelings about oneself, towards counselors to addicts or vice versa will give rise to positive interpersonal communication behavior patterns as well. (4) Providing Encouragement and Support, providing encouragement or kindling of enthusiasm from counselors to addicts, so that with support in this situation, interpersonal communication will last a long time because a supportive atmosphere is created.
Responsibilities of Officials Making Land Deeds (PPAT) for Deeds of Sale and Purchase of Land That Give rise to Disputes Resmi, Puji; Laksana, Andri Winjaya
TABELLIUS: Journal of Law Vol 3, No 3 (2025): September 2025
Publisher : Master of Notarial Law, Faculty of Law, Sultan Agung Islamic University

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Abstract

The high strategic value of land makes it prone to disputes, so Land Deed Officials (PPAT) are required to understand land law in depth so that the deeds they make are legally valid and avoid legal conflicts due to misuse of transfer of rights. This study aims to analyze the importance of understanding land law for Land Deed Officials (PPAT) in ensuring the validity of land transfer deeds and preventing disputes due to misuse of land transactions. The type of research used is doctrinal research with a legislative and theoretical approach. Secondary data consists of primary, secondary, and tertiary legal materials. The data analysis method used is perspective analysis, which involves systematically compiling the data and then analyzing it descriptively and qualitatively to gain clarity on the research problem. The research results state that Land Deed Officials (PPAT) play a crucial role in ensuring the validity of land transactions through the preparation of authentic deeds, document verification, and registration with the National Land Agency, and are obligated to reject the issuance of deeds if there are disputes, incomplete documents, or indications of legal violations. Land disputes caused by duplicate certificates, unclear boundaries, illegal transactions, and slow settlement processes can be prevented by PPATs through proper procedures, and violations by PPATs can result in legal sanctions. Dispute resolution can be carried out non-penally through mediation and deliberation, or penally through the courts, in order to achieve legal certainty and fair protection for all parties.
The Effectiveness of Termination of Prosecution in Settling Fraud Crimes Based on Restorative Justice Widono, Janu; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49499

Abstract

This study aims to determine and analyze the implementation of the termination of prosecution in fraud crimes based on justice, the weaknesses of the termination of prosecution in fraud crimes based on restorative justice, and the effectiveness of the termination of prosecution in fraud crimes based on restorative justice. The approach method is sociological juridical, the research specification is analytical descriptive. The data used are primary and secondary data and the data collection method is field study and literature study, while the data analysis method uses qualitative analysis. The theories used are restorative justice theory, legal effectiveness theory and progressive legal theory. Based on the results of the study, it can be concluded that the implementation of the termination of prosecution in fraud crimes based on justice in the Pekalongan Regency District Prosecutor's Office has been carried out based on the Attorney General's Regulation Number 15 of 2020 concerning the Termination of Prosecution based on Restorative Justice and has reflected the theoretical principles of restorative justice. The weaknesses of the termination of prosecution in fraud crimes based on restorative justice have an impact on the termination of prosecution based on restorative justice not being able to run optimally and has not fully fulfilled the goals of recovery in the criminal justice system. The termination of prosecution in fraud crimes based on restorative justice has been effective, thus making the concept of recovery more acceptable than the retributive approach which emphasizes revenge.
Legal Analysis of Criminal Responsibility for Perpetrators of Hate Speech Through Electronic Media Within a Justice-Based Positive Legal Framework Silaban, Roynaldo; Laksana, Andri Winjaya
Jurnal Hukum Khaira Ummah Vol 20, No 4 (2025): December 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i4.49508

Abstract

This study aims to comprehensively identify and analyze the criminal liability of perpetrators of hate speech through electronic media from a justice-based positive legal perspective. The spread of hate speech through electronic media not only disrupts public order but can also degrade human dignity and deepen social fragmentation. This study was conducted to examine the basis for criminal liability for perpetrators of hate speech from the perspective of Indonesian positive law, while also evaluating the extent to which its implementation reflects the principle of justice for all parties, including perpetrators, victims, and the community. Thus, this study seeks to provide a more proportional understanding of the relationship between freedom of expression and the protection of fundamental social values. This study uses a normative juridical method by adopting a statutory, conceptual, and case study approach. The analysis focuses on provisions in the Electronic Information and Transactions Law (UU ITE), the Criminal Code (KUHP), and several other relevant regulations. This approach is strengthened by a review of legal doctrine and theories of justice to explore the philosophical foundations and objectives of criminal punishment in the context of hate speech. Thus, this study not only examines norms as texts, but also considers ethical values, the principle of proportionality, and aspects of human rights protection, which are integral parts of the legal system. The results explain and demonstrate that the basis for criminal liability for perpetrators of hate speech via electronic media is formally regulated within Indonesia's positive legal framework. However, its implementation has not been fully effective in delivering substantive justice. This is due to several obstacles, including unclear norms, overlapping regulations, and the potential for misuse of articles by law enforcement officials. Furthermore, the application of the law often fails to consider the social context, the perpetrator's motives, and the real impact on the victim. Therefore, regulatory harmonization, more proportional application of the law, and an approach that favors substantive justice are needed so that the handling of hate speech can truly protect the public interest without neglecting the constitutional right to freedom of expression.
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