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IMPLEMENTASI YURIDIS PERJANJIAN KAWIN DALAM SISTEM HUKUM POSITIF DI INDONESIA Arief, Hanafi
Syariah: Jurnal Hukum dan Pemikiran Vol 15, No 2 (2015)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Marital agreement is part of the ?eld of family law which must comply with the provisions of Book I of the Civil Code (BW) Setting of the marriage covenant in the Book of the Civil Code Act is described in Part VII of the Civil Code Article 139 s / d 154. Broadly speaking, marital agreements are binding the party / bride in case of marriage. Based on Article 139 of the Civil Code (BW), the existence of the agreement to marry is as an exception of provision of Article 119 of the Civil Code, namely when the marriage takes place then legally valid rounded unity between the wealth of the husband and wife or in other words the extent set. Article 139 of the Civil Code contains a principle that the prospective husband and wife are free to determine the contents of the marriage covenant they made. However, these freedoms are limited by some restrictions that must be considered by a prospective husband and wife who will make a covenant marriage. The substance of the agreement is not contrary to public order (openbareorde), decency, and religious law.

Sistem Hukum Indonesia: Kekerasan Seksual Terhadap Anak Kandung Dan Sanksi Pidana Moinkasari, Sandra; Muhibbin, Moh; Arief, Hanafi
Widya Yuridika Vol 6, No 3 (2023): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v6i3.4650

This study aimed to describe how the criminal law regulates sexual violence and to analyze how the penalties for perpetrators of sexual violence against biological children are regulated in Indonesian positive law. This study was conducted using normative legal research in the form of literature study using three types of legal material, namely primary legal materials, secondary legal materials, and tertiary legal materials, with qualitative descriptive research analysis. The result of the study stated that the crime of sexual violence as a whole is regulated in the Criminal Law Code (KUHP), Human Rights Law No. 39 of 1999, Domestic Violence Elimination Act No. 23 of 2004. Also, specifically against children as victims is provided in Act No. 35 of 2014 concerning Amendments to Act No. 23 of 2002 on Child Protection. Other research findings indicated that the penalties for sexual violence against minors are set out in Article 285 of the Criminal Law Code (KUHP), which carries imprisonment for a maximum of twelve years. Whereas in the Child Protection Act, imprisonment based on Articles is five years at the shortest and fifteen years at the longest, as well as a maximum fine of Rp5,000,000,000,00. If the offence is committed by parents, guardians, caregivers of children, educators, or educational staff, then the penalty shall be one third of the penalty referred to paragraph (1).

PENYULUHAN HUKUM DALAM UPAYA PENCEGAHAN EKSPLOITASI TERHADAP ANA DI MADRASAH ALIYAH SULTAN SULAIMAN KARANG INTAN Munawar, Akhmad; Aini, Muhammad; Hidayatullah; Arief, Hanafi; Megasari, Indah Dewi; Hastati Pujisari; Jayantara, I Made Dwi
Jurnal Pengabdian Sumber Daya Manusia Vol. 3 No. 2 (2023): EDISI Oktober 2023
Publisher : Scholar Center

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

Tindakan eksploitasi terhadap merupakan masalah yang berskala nasional dan internasional, dengan dampak negatif yang serius terhadap kehidupan nak-anak. Eksploitasi terhadap anak terkadang sering tidak disadari oleh orang tua ataupun anak-anak bahwasanya apa yang dilakukan ataupun diperintahkan orang tua itu adalah salah satu bentuk eksploitasi terhadap anak menurut Undang-Undang Perlindungan Anak. Eksploitasi anak lebih disebabkan oleh orang tua yang kurang mengetahui adanya larangan perbuatan tersebut dan tidak memahami isi dari peraturan Undang–Undang Perlindungan Anak nomor 35 Tahun 2014 Perubahan atas Undang-Undang Nomor 23 Tahun 2002. Penyebab terjadinya tindak eksploitasi anak dikarenakan faktor keterbatasan ekonomi, dimana anak tersebut dengan sengaja, dan juga ada pula dorongan dari orang tua. Upaya pemerintah dalam mengatasi tindak eksploitasi terhadap anak ialah dengan memberi tindakan sementara. Metode: Pelaksanaan yang digunakan dalam kegiatan pengabdian kepada masyarakat ini adalah: 1. Ceramah tentang bagaimana tindak pidana eksploitasi anak di Indonesia dan bagaimanakah perlindungan Undang-Undang No. 35 Tahun 2014 terhadap eksploitasi anak sanksi serta dampak dari penyalahgunaan narkotika berdasarkan undang-undang 35 tahun 2009; 2. Dialog (tanya-jawab) mengenai kasus-kasus yang sering terjadi di kalangan anak-anak terkait eksploitasi terhadap anak. Kesimpulan: Penyuluhan kepada Siswa/Siswi dalam bentuk "Penyuluhan Hukum Tentang eksploitasi terhadap anak kepada Siswa di Madrasah Aliyah Sultan Sulaiman Karang Intan" menunjukkan bahwa tingkat penerimaan atau akseptabilitas dari mitra telah meningkat dalam hal pemahaman dan pengetahuan mereka terkait materi penyuluhan. Sehingga mereka bisa membedakan hal-hal apa yang termasuk dalam kategori eksploitasi terhadap anak.

Women and Domestic Violence: Legal Protection Perspective Arief, Hanafi
Pagaruyuang Law Journal Volume 2 Nomor 1, Juli 2018
Publisher : Universitas Muhammadiyah Sumatera Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31869/plj.v2i1.910

This study aims to describe the position of women in the family/household, violence against women, as well as how the protection of laws against women victims of domestic violence. This research is the juridical normative and prescriptive. In a family, woman as the wife is a member of the family besides father and son. Women have the same position with the other family members, including equality in rights and opportunities as well as the protection of rights in the field of civil, political, economic, social, cultural, and other fields. Violence against women is a violation of the rights of women in the household. The birth of the Domestic Violence Act, Number 23, the year of 2004 was the protection of women, carried out based on the principles of respect for human rights, justice, gender equality and non discrimination. Protection is based with a variety of considerations, among them is that every citizen has the right to get a sense of security and freedom from all forms of violence.

Violence Against Husbands in Domestic Life Adam, Ferian; Arief, Hanafi; Aini, Muhammad
Journal of Social Research Vol. 4 No. 12 (2025): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v4i11.2857

Domestic violence is a topic that has recently been discussed extensively, from ordinary people to public figures, becoming a trending topic on social media and national television. Victims of domestic violence are also experienced by husbands, with forms of violence that can be physical or psychological. However, the laws that have been formed are often understood by the general public as only providing legal protection to wives who are victims of domestic violence, leading to misunderstandings regarding husbands' rights to legal protection. This research aims to determine the regulation and protection of husbands who experience domestic violence. This research employs normative legal research methodology, using statutory and conceptual approaches. The legal materials consist of primary and secondary sources, analyzed through various legislative sources and legal expert references. The research results indicate that legal arrangements for wives who commit domestic violence against husbands according to Law Number 23 of 2004 concerning the Elimination of Domestic Violence consist of two forms: (1) prison sentences and fines, specifically regulated in Articles 44 to 49, with Article 44 specifically addressing physical violence; and (2) additional punishment, which shows that the form of punishment for perpetrators of domestic violence in positive law is regulated in separate regulations outside the Criminal Code.

Criminal Actions Against People Exploiting Children In Accordance To Indonesian Criminal Law Junaeddy, M.; Parmono, Budi; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.47

Exploitation of children is now more widespread, not carried out by families but also by small to large institutional groups. The perpetrators are sometimes the parents themselves with the intention of making a profit. The purpose of this study is to describe the position of children in Indonesian criminal law and to analyze criminal sanctions for child exploitation. As normative legal research, this study examines laws and regulations related to child exploitation and criminal sanctions. Research results: Article 45 of the Criminal Code defines a child as an immature person if he is not yet 16 years old. Criminal law has positioned children as legal subjects who must protect themselves and their interests as well as the special rights of the state. Economic, social and sexual exploitation of children with the intention of benefiting oneself or others is a criminal act. Criminal sanctions for those who commit, order to do, and those who participate in committing the act; give or promise something by abusing power or dignity, by violence, threats or misdirection, or by giving opportunities, means or information, encouraging other people to take action; intercourse (not the wife) is punishable by imprisonment for a maximum of nine years

Corporate Responsibility For Criminal Actions Of Song Copyright Under The 28 Law Of 2014 Putera, Ade; Sunardi, Sunardi; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 1 (2023): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i1.50

Research entitled "Corporate Responsibility for Crime of Song Copyright According to Law Number 28 of 2014" aims to analyze how copyright crimes are regulated in Indonesian positive law and to analyze corporate responsibility for copyright infringement according to the Copyright Law Number 28 of 2014. This research is normative legal research, which examines laws and regulations in a coherent legal system and unwritten legal values ??that live in society, which are related to corporate responsibility for copyright infringement according to the law 28 of 2014. The results of the study stated that copyright crimes, including song copyrights, are regulated in the Copyright Act as part of Indonesian positive law. Article 112 of the Copyright Law Number 28 of 2014 states that everyone who without rights commits the acts referred to in Article 7 paragraph (3) and/or Article 52 for commercial use, shall be punished with imprisonment for a maximum of 2 (two) years and/or a maximum fine of 300,000,000.00 (three hundred million rupiah). Because legal entities are equated with people, legal entities that commit criminal copyright infringements can also be punished under this article as a form of responsibility. Criminal acts by Corporations are regulated in Article 3 of MA RI Regulation 13/2016 which are criminal acts committed by people based on work relationships, or based on other relationships, both individually and jointly acting for and on behalf of Corporations inside and outside Corporate Environment.

Juridical Review of Elections Dispute Settlement in Indonesia Yamani, Akhmad Zaki; Sunardi, Sunardi; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.52

The research on “Juridical Review of Election Dispute Resolution in Indonesia” aims to describe the mechanism of election dispute resolution in Indonesia, and analyze the current weaknesses of election dispute resolution in Indonesia. This is a normative legal research, which examines laws and regulations in an Indonesian legal system that are coherent with written legal values, especially those related to election dispute resolution in Indonesia. The results of the study state that election settlement mechanisms are important to protect the rights of citizens and help determine whether elections are truly a reflection of the will of their citizens, as well as for elections to be considered credible, voters and election contestants must have access to effective election dispute resolution mechanisms. independent, fair, accessible and effective. Weaknesses in the settlement of election disputes that have been carried out so far have not fulfilled a sense of justice because dispute resolution is carried out through the Constitutional Court based on Article 24 C paragraph (1) of the 1945 Constitution, whose authority is then elaborated in Article 10 paragraph (1) of Law (UU) Number 24 2003 concerning the Constitutional Court as amended by Law Number 8 of 2011 (UU MK). Dispute resolution through the Constitutional Court in Jakarta is felt to be very burdensome for election participants because it is not in accordance with the principle of a cheap, fast and efficient trial. Election dispute settlement, which has been carried out for a maximum of 7 (seven) days, begins with the stages of receiving reports, researching, clarifying, conducting studies, and making decisions. The very limited completion time, which is a maximum of 7 (seven) days, can create a sense of injustice for justice seekers, because this short process can lead to haste in the examination which in turn creates a feeling of insecurity.

Status of the Verbalish Witness Recognition to Violence Against Suspects as a Tool of Evidence Rahman, Faizal; Sunardi, Sunardi; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.53

In the examination of a criminal case trial requires several pieces of evidence as contained in the Criminal Procedure Code called KUHAP, such as: witness statements, expert statements, letters, instructions, and statements of the accused. Verbalized witnesses are not included in the KUHAP, but they often occur in criminal justice practices. This study aims to find out how the position of evidence in Indonesian criminal law and how verbal witness confessions can be used as evidence of criminal acts of mistreatment of suspects. This research is descriptive in nature, with a statutory approach, primary, secondary and tertiary legal materials and qualitative analysis is carried out systematically in order to obtain answers to problems, Witness statements are legal evidence as regulated in Article 184 paragraph (1) of Law Number 8 of 1981 concerning called KUHAP. A verbal witness is an investigative witness who is presented by a judge in a trial because the defendant withdraws the Minutes of Examination called BAP. The presence of this verbal witness was to prove the testimony of the defendant who said that during the investigation the defendant was under pressure or coercion. Verbal witness statements can be used as a judge's consideration in accepting the reasons for revocation of the BAP carried out by the defendant and the judge's considerations in making a decision. Moreover, verbal witness testimony was taken in a trial.

Juridical Analysis of Criminal Acts in Environmental Pollution in Accordance to the 32 Law of 2009 Concerning Protection and Management Environment Chaidir, Noor; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.58

This study aims to describe the regulation of criminal acts of environmental pollution in Indonesian positive law and to analyze the responsibility for criminal acts of environmental pollution according to Law Number 32 of 2009. This study uses normative legal research in the form of library research using three types of legal materials, namely primary, secondary and tertiary legal materials, qualitative descriptive research, normative juridical research, statutory and conceptual approaches. The results of the study stated that the regulation of criminal acts of environmental pollution in Indonesian positive law is regulated in Law Number 32 of 2009 concerning the Environment. This law stipulates that if environmental pollution and damage has already occurred, it is necessary to take repressive measures in the form of effective, consistent and consistent law enforcement against environmental pollution and damage that has occurred so as to apply the principle of primum remedium criminal law. The crime of environmental pollution is not only imposed on individual perpetrators of environmental crimes, but also on corporations. In addition, also to customary law communities based on the Constitutional Court decision No. 35/PUU-X/2012 by using conditionality in recognizing the existence of indigenous peoples as legal subjects which are still maintained as long as in reality they still exist and their existence is recognized, and confirmation of their existence is stipulated by Regional Regulations.

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