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Pertimbangan Hakim Terkait Penolakan Permohonan Poligami Mustika Anggraeni Dwi Kurnia; Ahdiana Yuni Lestari
Media of Law and Sharia Vol 4, No 1: December 2022
Publisher : Faculty of Law Universitas Muhamadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i1.17333

Abstract

In order to obtain a permit for a polygamous marriage that is legal in the eyes of the state, a husband must apply for polygamy to the Religious Courts in his area and must meet the requirements set forth in the Marriage Law Articles 4 and 5. However, in practice, polygamous marriages are preceded by sirri marriages first. The purpose of this study is to present the basis for the judge's considerations in rejecting the decision on the licensing of polygamy which was preceded by sirri marriage at the Bantul Religious Court and the legal consequences that occurred to the second wife, joint assets, and children born as a result of refusing permission to polygamy. This type of research is normative research with data collection techniques using literature and interviews with informants. The source person was Dra H. Nafilah S.H M.H. The judge who decided this case at the Bantul Religious Court. The analysis technique uses qualitative data with descriptive methods. Based on the results of the study, it can be concluded that the Judge's considerations in rejecting the application for a polygamy permit are in accordance with Articles 4 and 5 of the Marriage Law, Al-Quran Surah An-Nisa verse 3, and the Book of Fiqh, which in essence the Petitioner does not meet the alternative and cumulative requirements if do itsbat marriage, the application will still be rejected in accordance with the provisions of SEMA Number 03 of 2018. The legal consequences of refusing the permit for polygamy for the second wife are that they do not receive an inheritance if their husband dies and they do not receive joint assets if they divorce
Profesionalisme Pelayanan Tenaga Kesehatan dalam Mencegah Malpraktek Medik: Professionalism of Health Services in Preventing Medical Malpractice Ahdiana Yuni Lestari; Atik Septi Winarsih; Yaltafit Abror Jeem; Titania Isyani Ramadhani; Widya Nur Aini Baride
PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat Vol. 8 No. 1 (2023): PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/pengabdianmu.v8i1.4058

Abstract

The partner of this community service program is the Banguntapan II Health Center which is located in Kapanewon Banguntapan, Bantul, Regency. The problems are Health workers don’t understand the manufacture and management of medical records according to applicable regulations; Limited public understanding of medical emergencies; The limited number of puskesmas staff in relation to excellent service. Solutions of theses problems are providing counseling about the legal aspects of medical records and medical malpractice, medical emergencies from the medical aspect, as well as knowledge service at the puskesmas. The method used to carry out this series of activities is counseling related to legal aspects of medical records and medical malpractice, medical emergencies from the medical aspect, as well as knowledge of excellent service to health workers of Banguntapan II Health Center, Community Health, Center HR, and Community Leaders. The results show that before counseling was held regarding the manufacture and management of medical records and malpractice according to applicable regulations, regarding medical emergencies, and excellent service, there were still some service participants who did not understand the counseling material. After the counseling was held, all service participants understood the counseling material. Thus, the provision of counseling shows that the service participants have understood the material that has been given during the counseling, so that the participants' understanding is significantmethodology, results, and conclusions but do not need to make these words explicit.
Tinjauan Hukum Islam Terhadap Batas Usia Minimal Perkawinan Menurut Undang-Undang Perkawinan Putri, Izzafi Imellya; Lestari, Ahdiana Yuni
Proceedings of Universitas Muhammadiyah Yogyakarta Graduate Conference Vol. 3 No. 1 (2023): Crafting Innovation for Global Benefit
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/umygrace.v3i1.558

Abstract

The minimum age of marriage for a man and woman according to Article 7 paragraph (1) of Law No. 16 of 2019 is 19 years. This paper will discuss how Islamic law reviews the minimum age of marriage according to Law No. 16 of 2019 concerning Marriage. The type of research is normative juridical law research using primary, secondary, and tertiary legal materials. The processing of research materials is carried out by examining the approach of theories, concepts, reviewing the relevant laws and regulations or with a statutory approach. The research material was analyzed in a qualitative descriptive manner. The result of his research is that the minimum age limit for marriage in Law No. 16 of 2019, which is 19 years for men and women, is considered mature to meet the age of maturity in accordance with Islamic religious teachings. However, Islamic law provides for marriage requirements when puberty is complete. Maturity does not depend on age but on the ability and ability to carry out marriage. In addition, the comparative analysis of the minimum age limit for marriage according to Islamic law and Law No. 16 of 2019 concerning Marriage is not much different. Because the Marriage Law is based on the Qur'an, further in Islamic law it is regulated in the Compilation of Islamic Law as a complement to the Marriage Law. Thus, the rules in the Marriage Law are acceptable to the community because there are no provisions that violate Islamic law.
Pertimbangan Hukum Hakim dalam Memutuskan Pihak Ketiga Sebagai Pelawan yang Baik dan Benar Nadya Indah Ayuningthyas; Ahdiana Yuni Lestari
Media of Law and Sharia Vol. 4 No. 4: September 2023
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v4i4.42

Abstract

It is not impossible that the Chairperson of the Court will issue a stipulation of execution confiscation Number 7/Pen.Pdt.Eks/2020/PN.Tsm which will create new problems for parties that have nothing to do with the case, namely third parties. This study aims to analyze the judge's considerations in deciding on a third party as a good and correct adversary in Decision Number 21/Pdt.Bth/2022/PN Tsm. This research is a normative juridical research using secondary data. Research materials were analyzed prescriptively. The results showed that the judge decided that the third party was a good and correct opponent by considering the evidence presented by the opponent. The evidence consists of documentary evidence in the form of an authentic acte and the presence of two witnesses. The authentic acte submitted by Pelawan is the Sale and Purchase Acte made before the PPAT, in which the authentic acte has a perfect and binding evidentiary value. The two witnesses presented by Pelawan have fulfilled the formal and material requirements. This is in accordance with the provisions of Article 164 HIR in conjunction with Article 169 HIR.
Improving Healthcare Patient Data Security: An Integrated Framework Model For Electronic Health Records From A Legal Perspective Lestari, Ahdiana Yuni; Misran, Misran; Raharjo, Trisno; Annas, Muhammad; Riskanita, Dinda; Prabandari, Adya Paramita
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.56986

Abstract

This study aims to critically examine the legal responsibilities of healthcare facilities in Indonesia regarding the protection of patient data within Electronic Medical Records (EMR). The research employs a mixed-method approach, combining normative legal analysis with empirical data collection from healthcare facilities to assess the implementation of data protection regulations. The findings reveal significant gaps in the enforcement of Minister of Health Regulation Number 24 of 2022 and Law Number 27 of 2022 concerning Personal Data Protection, particularly in smaller clinics and independent practices. These facilities often lack the technical infrastructure and resources required to meet regulatory standards, resulting in inconsistencies in data protection and a higher incidence of data breaches. The study introduces the Integrated Security and Usability Framework for Electronic Medical Records (ISU-EMR), which combines the principles of the Confidentiality, Integrity, and Availability (CIA) Triad with Human-Computer Interaction (HCI) Theory. This framework addresses both the technical and human factors contributing to data breaches, offering a balanced solution for enhancing data protection while maintaining usability in EMR systems. The implications of this research extend to both theory and practice, providing a new model for data protection in healthcare that can be adapted to various settings.
TANGGUNGJAWAB HUKUM PERDATA DOKTER GIGI DALAM MENJALANKAN PRAKTIK AKIBAT PERBUATAN MELAWAN HUKUM Qotrunnada, Zumar Salma; Saputra, Rizki Adi; Nugroho, Fajar Tri; Yuni Lestari, Ahdiana
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v5i1.152

Abstract

The dentist profession is a profession that carries great risks. The reason is, a dentist has the responsibility to carry out medical procedures on his patients properly with the aim of curing or providing medical assistance to the patient. However, quite a few dentists commit negligence or medical malpractice which can cause harm to their patients. Therefore, dentists must be legally responsible for their actions, whether from civil law, criminal law, or other regulations relating to the profession of dentists. This article examines the legal consequences and responsibilities of dentists if medical malpractice occurs. This writing uses a type of juridical research sourced from secondary data which includes primary and secondary legal materials.
Post-Divorce Consequences: A Legal Study of Decision No. 1442/Pdt.G/2018/PA.Btl Arifia, Ayu Yustika; Lestari, Ahdiana Yuni
Media of Law and Sharia Vol. 6 No. 2: March 2025
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v6i2.227

Abstract

Marriage is a union formed between a man and a woman legally. However, divorce often brings various challenges, one of which is the issue of child custody when children are born into the marriage. The research examines who is granted custody of the child in case No. 1442/Pdt.G/2018/PA.Btl and the responsibilities of parents after divorce based on the same case ruling. The study aims to determine the legal custody arrangement as per the verdict in case No. 1442/Pdt.G/2018/PA.Btl and how parental responsibilities are implemented post-divorce. The research employs an empirical normative legal approach. The study's findings reveal, custody is implicitly granted to the mother, as the child is still a minor (under 12 years old) and had been living with the mother prior to the divorce. Moreover, the responsibilities of divorced parents align with Article 41 of Law No. 1 of 1974 on Marriage and Article 104(1) of the Compilation of Islamic Law (CIL), which state that both parents remain obligated to care for and educate their child, with the father responsible for covering the child's living and educational expenses
Protection of Inheritance Rights for Balinese Men Who Convert to Another Religion Sadewa, M.Ilham Akbar; Anugrah, Afrian; Lestari, Ahdiana Yuni
Jurnal Penegakan Hukum dan Keadilan Vol. 6 No. 2 (2025): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v6i2.21046

Abstract

This study discussed how legal protection guarantees the inheritance rights of Balinese men who convert. The research method used a normative legal approach by utilizing primary, secondary, and tertiary legal materials. The research materials were analyzed prescriptively. The study shows that according to Balinese custom, a man will be recognized as an heir and has the right to receive inheritance if he has the same religion as the testator, such as Hinduism. Legally, a child who apostatizes from his religion, in this case, leaving the Balinese or Hindu religion, remains an heir. Article 830 of the Civil Code states that inheritance occurs due to death, and Article 838 of the Civil Code emphasizes that heirs are those who have legitimate blood relations. In essence, according to the Civil Code, inheritance can be given to heirs even though they have a different religion from the testator or even though the heir no longer follows customary law or his religion. Thus, the state provides a guarantee that Balinese men who have a different religion from the testator will still receive protection to receive a share of the inheritance according to the Civil Code.
Pelaksanaan Pembagian Harta Warisan Menurut Hukum Adat di Kecamatan Gondangrejo, Kabupaten Karanganyar: Sebuah Studi Kasus Haq, Fatah Imanuddin; Lestari, Ahdiana Yuni
Jurnal Analisis Hukum Vol. 8 No. 2 (2025)
Publisher : Universitas Pendidikan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38043/jah.v8i2.6830

Abstract

This study explores inheritance distribution based on customary law in Gondangrejo District, Karanganyar Regency. Although the majority of the population is Muslim, inheritance practices are predominantly shaped by Javanese traditions and abangan Islamic culture rather than Islamic law. Using a qualitative method, the research identifies three common patterns: segendong sepikul (male heirs receive double), dum-dum ketupat (equal distribution), and consensus-based division. Assets are viewed as joint marital property, without distinction between individual and shared ownership. Uniquely, parts of the inheritance may be transferred before the testator’s death through oral messages or symbolic gifts. Local customs, especially selametan rituals, influence the timing of distribution, which is commonly expected within six months after death. The findings highlight that harmony, mutual agreement, and cultural values play a more dominant role than formal legal rules. In Gondangrejo, inheritance practices reflect a deep connection to local wisdom and tradition, emphasizing social cohesion over rigid legal structure.
Perkembangan Bisnis Pariwisata Syariah Dalam Perspektif Maqashid Al-Syariah Al Kautsar, Izzy; Muhammad, Danang Wahyu; Lestari, Ahdiana Yuni
Istinbath : Jurnal Hukum Vol 19 No 02 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4812

Abstract

The tourism sector based on Islamic values ​​or called halal tourism is a new breakthrough. This sector is projected to be a method and way for Muslim travelers to travel. This is based on the tourism sector which will not run out of time due to the flexible nature of the tourism industry. Consumer protection. This study uses a normative research method with a statutory and conceptual approach. The results of this study are; 1) consumption preferences tend to benefit and harm the goods and services consumed so that goods that are beneficial are preferred over those that have no benefits and those that are harmful need to be avoided or far away do not need to be used as consumption choices in the family. 2) The concept of sharia tourism contains proper morals and character, represented by Islamic values ​​from sharia tourism products and services, in carrying out tourist trips not only aiming to enjoy the occasion but must be based on 5 things, including; efforts to protect religion, efforts to protect intelligence and reason, efforts to protect life, protection of wealth; and protection for offspring. 3) The Consumer Protection Law is an alternative law that practically seeks to protect the rights of tourists including the implementation of Islamic teachings, product and service safety, product and service clarity, choice of needs, and state guarantees in order to obtain sharia tourism products and services in accordance with the provisions principles of sharia tourism implementation.