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All Journal Profetika LEGAL BRIEF USRAH: Jurnal Hukum Keluarga Islam Jurnal Al-Hakim : Jurnal Ilmiah Mahasiswa Studi Syariah, Hukum dan Filantropi BUANA GENDER : Jurnal Studi Gender dan Anak JUDGE: Jurnal Hukum Profetika: Jurnal Studi Islam
Suciyani
Universitas Islam Negeri Raden Mas Said Surakarta
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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 1 
Restorative Justice And Law Protection For Parents And Children : Case Of Human Trafficking In Indonesia Suciyani Suciyani
BUANA GENDER : Jurnal Studi Gender dan Anak Vol. 4 No. 2 (2019)
Publisher : UIN Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/bg.v4i2.2699

Abstract

This research aims to analyse criminal law supremacy in a case of fighting against human trafficking. The problem of criminal law that relates to child trafficking is extremely serious and never-ending in this country. This case becomes an evaluation to reconsider the criminal law enforcement in Indonesia. Several legal solutions are executed by criminal law enforcement within the collaboration with the social communities and other countries to handle the problem of child trafficking. The concept of restorative justice and civil law protection is needed to be implemented by involving all parties, including parents as a family member. This study uses legal research as an approach and to gather the data; a legal settlement in handling child trafficking involves children and parents. Throughout this study, normative and empirical juridical approaches are used. It can be a great compatible recommendation and solution for handling the increase of child trafficking. On the other hand, from this study, it can be seen that the performance level of the individual that concerns on law enforcement process in Indonesia has implemented the paradigm of restorative justice in criminal law enforcement based from data that show an increase of child trafficking. Indicators of criminal law enforcement as a baseline to solve the child trafficking problem are about the level quality of legal protection of children. The role of family, law enforcement, government, NGO and social community leaders is very crucial to maintain the effectiveness of restorative justice and law protection of children involved in human trafficking in Indonesia. The involvement of parents by selling their children or getting their children as an entity in case of debt transaction causes the weakness of restorative justice and law protection of children in the problem of child trafficking. The significant results from this research are that criminal law enforcement against child trafficking that involves parents can improve the legal protection for future criminal law enforcement in Indonesia.
Development of Sharia Economic Law in Indonesia (Positivation of Zakat Law) Suciyani Suciyani; Amrin Amrin
LEGAL BRIEF Vol. 11 No. 2 (2022): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (319.61 KB)

Abstract

In this study, we describe the development of sharia economic law in Indonesia with a focus on positivizing the Zakat Law. The method used in the literature review research is descriptive analysis approach with data collection techniques in the form of literature. The data analysis is using a normative qualitative method. Zakat regulation in Indonesia is still relatively new when compared to the time when Islam entered Indonesia itself. The history of zakat regulation in Indonesia can be classified into 3 (three) periods, namely (1) Pre-Independence, Zakat is only interpreted as an obligation that is managed individually. (2) During the Old Order and New Order, zakat management in the early days of independence was not much different from the period before independence. At this time, the management of zakat was still held by individuals, mosques, educational institutions that do not have the main activity in managing zakat. The government still chooses not to interfere with religious matters, including zakat. (3) During the Reformation Era, the Government began to accommodate zakat management with the issuance of a law, namely Law no. 38 of 1999 which was replaced by Law Number 23 of 2011
THE EFFECT OF GLOBALIZATION ON THE DETERMINATION OF ISLAMIC LAW AS THE BASIS OF THE STATE IN INDONESIA: Analysis of the thoughts of KH. Abdul Wahid Hasyim and Ki Bagus Hadikusumo about the implementation of Islamic law in Indonesia Suciyani Suciyani
Profetika: Jurnal Studi Islam Vol. 23, No. 2, Desember 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/profetika.v23i2.19649

Abstract

Globalization, Islamic law, Islamic figures. Nationalist figures who are considered not to represent Muslims in the formulation of Pancasila as the state ideology. The categorization of the dominance of power and thought becomes a problem among Muslims. The discourse of Islamic leaders in the formulation of Pancasila, such as ideas and concepts and their correlation with power and politics at that time. The existence of globalization is the cause and root of the problem of the classification of Islamic nationalists and secular nationalists. In the discourse theory of Michel Foucault and the paradigm theory of the characteristics of Islamic thought, the facts behind the discourses of Islamic figures are inseparable from historical factors. The writings of Islamic figures involved in the formulation of Pancasila were heavily influenced. This study only takes two Islamic figures as the focus of the study. These two great figures are the key to the determination of Pancasila, namely KH. Abdul Wahid Hasyim and Ki Bagus Hadikusumo. The involvement of Islamic leaders in the formulation of Pancasila is the impact of power. Islamic figures have a cultural role behind the scenes, because of the concept of the dichotomy of Islamic culture in Indonesia. Islam is seen as Knowledge rather than power or politics. The mention of secular nationalists and Islamic nationalists is based on ideas, not power. The discourse of Islamic figures in the formulation of the basic state is a political compromise regarding Islamic identity and Islam as values. The existence of a struggle for ideas or thoughts instead of a power struggle among Islamic leaders is mostly driven by the pressure of global political conditions. The result of the formulation of Pancasila puts forward the unity of Indonesia. The discourse of Islamic figures originated from different thoughts. The existence of the current Islamic law enforcement movement is due to the desire to power not based on Islamic scholarship.
THE EFFECT OF GLOBALIZATION ON THE DETERMINATION OF ISLAMIC LAW AS THE BASIS OF THE STATE IN INDONESIA:Analysis of the thoughts of KH. Abdul Wahid Hasyim and Ki Bagus Hadikusumo about the implementation of Islamic law in Indonesia S Suciyani
Profetika: Jurnal Studi Islam Vol. 23, No. 2, Desember 2022
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/profetika.v23i2.19649

Abstract

Globalization, Islamic law, Islamic figures. Nationalist figures who are considered not to represent Muslims in the formulation of Pancasila as the state ideology. The categorization of the dominance of power and thought becomes a problem among Muslims. The discourse of Islamic leaders in the formulation of Pancasila, such as ideas and concepts and their correlation with power and politics at that time. The existence of globalization is the cause and root of the problem of the classification of Islamic nationalists and secular nationalists. In the discourse theory of Michel Foucault and the paradigm theory of the characteristics of Islamic thought, the facts behind the discourses of Islamic figures are inseparable from historical factors. The writings of Islamic figures involved in the formulation of Pancasila were heavily influenced. This study only takes two Islamic figures as the focus of the study. These two great figures are the key to the determination of Pancasila, namely KH. Abdul Wahid Hasyim and Ki Bagus Hadikusumo. The involvement of Islamic leaders in the formulation of Pancasila is the impact of power. Islamic figures have a cultural role behind the scenes, because of the concept of the dichotomy of Islamic culture in Indonesia. Islam is seen as Knowledge rather than power or politics. The mention of secular nationalists and Islamic nationalists is based on ideas, not power. The discourse of Islamic figures in the formulation of the basic state is a political compromise regarding Islamic identity and Islam as values. The existence of a struggle for ideas or thoughts instead of a power struggle among Islamic leaders is mostly driven by the pressure of global political conditions. The result of the formulation of Pancasila puts forward the unity of Indonesia. The discourse of Islamic figures originated from different thoughts. The existence of the current Islamic law enforcement movement is due to the desire to power not based on Islamic scholarship.
KEBIJAKAN PENUNDAAN PERNIKAHAN SUAMI DALAM MASA IDAH ISTRI: STUDI IMPLEMENTASI DI KUA MASARAN DALAM PERSPEKTIF MAQĀṢID JASSER AUDA Sindi Septiana; Suciyani
USRAH: Jurnal Hukum Keluarga Islam Vol. 7 No. 2 (2026): April
Publisher : LPPM STAI Muhammadiyah Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46773/abzab413

Abstract

The issuance of Circular Letter Number P-005/DJ.III/HK.00.7/10/2021 concerning Marriage during the Wife's Waiting Period has caused legal uncertainty due to inconsistent implementation in various Religious Affairs Offices (KUA). This study seeks to examine how the circular letter is implemented in the Masaran Subdistrict KUA and review it from the perspective of Jasser Auda's contemporary Maqāṣid al-syarī‘ah. This study uses a qualitative method with a legal-empirical orientation, in which data is obtained directly from the field through interviews, document reviews, and literature exploration. This study found that the Masaran Subdistrict KUA consistently implements this circular letter as an administrative guideline for marriage registration, even though it realizes that this policy has no legal binding force. From the perspective of Jasser Auda's Maqāṣid al-syarī‘ah, this implementation reflects an orientation towards purposefulness and efforts to maintain public interest, particularly in realizing administrative order and legal certainty in marriage. This research contributes theoretically to the development of contemporary maqāṣid studies in administrative law, as well as providing practical contributions to policymakers regarding the legitimacy of administrative policies within the framework of Islamic law.
Masalah Penegakan Hukum Bandar Judi Online : Perspektif KUHP Baru Dan Hukum Islam Rosyid Zain Achmadi; Suciyani
Judge : Jurnal Hukum Vol. 6 No. 08 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i8.2200

Abstract

The rise of online gambling practices (judol) in Indonesia poses a serious challenge for law enforcement, as existing normative instruments have not fully anticipated the digital tranformation and transnational nature of such crimes. This study examines the probhlems of law enforcement against organizers or operators of online gambling through two normative frameworks: Article 426 of Law Number 1 of 2023 concerning the new criminal code (New Penal Code) and the perspective of Islamic law. Using a doctrinal legal research method, this study positions law as a written gap, an imbalance in enforcement practices that predominantly target low level offenders, regulatory disharmony, and the lack of focused crminal liability on operators as the primary actors. The perpective islamic law emphasizes the importance of imposing punishment on those who control the system and gain the greates benefit. This study recommends a reorientation of law enforcement towars substantive justice and community protection.
Penghentian Penyidikan Kasus Kecelakaan Lalu Lintas di Polres Boyolali Elsa Ananda Putri; Suciyani
Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi Vol. 4, No. 2 November 2022
Publisher : Fakultas Syariah, Universitas Islam Negeri Raden Mas Said Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/jurnalalhakim.v4i2.5865

Abstract

Traffic accidents are caused by human error and negligence.  Traffic accidents that can harm property or the lives of others caused by human factors, vehicles, roads and the environment as well as weather factors.  Traffic accidents that result in the death of the victim must be subject to legal proceedings according to applicable law starting from an investigation by the police, prosecution by the prosecutor's office and the court by the court to obtain a decision, but in practice investigators can stop the legal process.  This research is classified as a qualitative research, namely by processing primary data obtained by the parties concerned with cases of traffic accidents that cause the loss of other people's lives, as well as data that are considered important which are generated by direct interviews at the research location.  The conclusion in this study is that the process of stopping the investigation carried out by the police at the Boyolali Police can reflect a sense of justice between the suspect's family and the victim's family which was carried out with family deliberation so that they were given the opportunity to express their opinions and desire to find good solutions to the problems faced by both parties.  party.  Islam places peace/islah as an alternative in resolving criminal cases, as long as the case has not yet reached the hands of the judge.  This principle can be realized by resolving criminal cases with peace at the level of investigation.
Masalah Penegakan Hukum Bandar Judi Online : Perspektif KUHP Baru Dan Hukum Islam Rosyid Zain Achmadi; Suciyani
Judge : Jurnal Hukum Vol. 6 No. 08 (2026): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i8.2200

Abstract

The rise of online gambling practices (judol) in Indonesia poses a serious challenge for law enforcement, as existing normative instruments have not fully anticipated the digital tranformation and transnational nature of such crimes. This study examines the probhlems of law enforcement against organizers or operators of online gambling through two normative frameworks: Article 426 of Law Number 1 of 2023 concerning the new criminal code (New Penal Code) and the perspective of Islamic law. Using a doctrinal legal research method, this study positions law as a written gap, an imbalance in enforcement practices that predominantly target low level offenders, regulatory disharmony, and the lack of focused crminal liability on operators as the primary actors. The perpective islamic law emphasizes the importance of imposing punishment on those who control the system and gain the greates benefit. This study recommends a reorientation of law enforcement towars substantive justice and community protection.
Co-Authors Amrin Elsa Ananda Putri Rosyid Zain Achmadi Sindi Septiana