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All Journal Al Ishlah Jurnal Pendidikan WIDYAKALA JOURNAL Kosmik Hukum International Journal of Business, Law, and Education International Journal of Educational Review, Law And Social Sciences (IJERLAS) Journal of Social Research International Journal of Islamic Education, Research and Multiculturalism (IJIERM)
Dhia Al-Uyun
Fakultas Hukum, Universitas Brawijaya, Malang
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Neuroscience Social Sciences Other

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Comparative Analysis of Musculoskeletal Disorder Between Female and Male Mechanical Pickers in Gambung Tea Plantation, West Java Silvia Senjaya; Yayuk Yuliati; Dhia Al-Uyun; Kralawi Sita
WIDYAKALA: JOURNAL OF PEMBANGUNAN JAYA UNIVERSITY Vol 9, No 2 (2022): Urban Lifestyle and Urban Development
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat UPJ

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (524.388 KB) | DOI: 10.36262/widyakala.v9i2.570

Abstract

Previous research has shown that musculoskeletal disorders (MSDs) are one of the barriers for women to adopting tea-picking mechanization technology. Musculoskeletal disorders (MSDs) are defined as a group of injuries that affect the musculoskeletal system including nerves, tendons, muscles, and supporting structures. MSDs are also referred to as injuries due to overactivity or from using a device excessively. Some research results significantly show that gender greatly affects the level of risk of autonomic complaints and that women are more likely to show musculoskeletal symptoms than men. This study examines the comparison of musculoskeletal disorders due to the use of tea picking machines for male and female pickers.  Data collection on musculoskeletal disorders (MSDs) complaints was carried out using the Nordic Body Map instrument, in the form of an open questionnaire by interviewing mechanical tea pickers directly. From the data obtained, the average difference in scores for male mechanical tea pickers is 5.3 while the average difference in scores for female mechanical tea pickers is 9. This means that the average female mechanical tea pickers experience musculoskeletal complaints 70% more height than male mechanical tea pickers. MSDs complaints comparison between male and female tea pickers with NBM measurement is 5:9. In conclusion, female mechanical tea pickers suffer from MSDs almost twice as much as males. Considering that the majority of tea pickers are women, gender-responsive machine design interventions are needed.
Fostering Child-Friendly Schools Through Strengthened School-Parent Partnerships: Addressing Violence and Bullying Against Female Students in Senior High Schools Sonya Veronika Nggauk; Lucky Endrawati; Dhia Al Uyun
AL-ISHLAH: Jurnal Pendidikan Vol 17, No 2 (2025): JUNE 2025
Publisher : STAI Hubbulwathan Duri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35445/alishlah.v17i2.6329

Abstract

Creating a child-friendly school environment requires collaborative efforts between schools and parents, particularly in combating violence and bullying targeting female students. This study explores how school-parent partnerships can enhance student safety and foster inclusivity in senior high schools. Using a qualitative case study approach, research was conducted in three private senior high schools in Malang, Indonesia (SMA A, SMA B, and SMA C). Data collection methods included in-depth interviews, classroom observations, and document analysis involving principals, teachers, parents, and students. The findings indicate that strong school-parent collaboration significantly reduces gender-based violence, such as body shaming and sexual harassment. These partnerships improved communication, encouraged joint prevention efforts, and strengthened a shared sense of responsibility among stakeholders. A safer and more inclusive school climate emerged, positively impacting the well-being of female students. Effective engagement between schools and families plays a strategic role in establishing protective systems and promoting a respectful school culture. The study underlines the importance of gender-sensitive strategies and inclusive school policies in creating supportive learning environments. To ensure all students, particularly girls, feel protected, schools should strengthen communication with parents and involve them in safety initiatives. This research underscores the crucial role of school-parent collaboration in addressing gender-specific issues and advancing child-friendly educational spaces.
LEGITIMACY OF IMMEDIATE EXECUTABLE JUDGMENT (UITVOERBAAR BIJ VOORRAAD) IN SMALL CLAIMS COURT Gerry Geovant Supranata Kaban; Afifah Kusumadara; Dhia Al Uyun
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2702

Abstract

The immediate executable judgment (uitvoerbaar bij voorraad) is a form of judgment in civil procedural law that can be executed first, even though it does not yet have permanent legal force (inkracht van gewijsde). In the context of small claims court, the issuance of an immediate executable judgment raises questions regarding its legitimacy and implications for the principles of justice and legal certainty. This research aims to analyze the legitimacy of issuing immediate executable judgment in small claims court cases through juridical aspects. The research method used is normative juridical with a normative legal research approach and a conceptual approach. The data used includes relevant legal regulations, court decisions, and relevant legal literature. The research results indicate that judges have the authority and legitimate legitimacy to issue immediate executable judgment when examining, adjudicating, and deciding small claims court cases while still adhering to the strict terms and conditions outlined in Article 180 paragraph (1) of the HIR and Article 191 paragraph (1) of the RBg junctis SEMA Number 3 of 2000 concerning Immediate Executable Judgment (Uitvoerbaar bij Voorraad) and Provisional, to ensure aspects of legal certainty, usefulness, and justice.
The Right to Communicate and Accessing Information on the Termination of Access Policy of Unregistered Private Scope Electronic System Operators Rinalvin Achmad Wiryawan; Istislam Istislam; Dhia Al Uyun
Journal of Social Research Vol. 3 No. 2 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i2.1946

Abstract

The policy of terminating access to Private Scope Electronic System Providers (Private Scope PSE), to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, which occurred on July 30, 2022. The termination of Private Scope PSE Access is due to the unregistered Private Scope PSE, whose provisions are regulated in the Permenkominfo PSE Private Scope. The policy of terminating access to the Private Scope PSE by the government is detrimental to citizens as users of the Private Scope PSE platform services whose access is terminated by the Government. Citizens have the right to communicate and access Private Scope PSE services which are Human Rights, as stipulated in the provisions of Article 28F of the 1945 Constitution of the Republic of Indonesia, Article 14 of the Human Rights Law, Article 19 of the Universal Declaration of Human Rights, and Article 19 of the International Covenant on Civil and Political Rights.
BLOCKING ACCESS POLICY OF UNREGISTERED PRIVATE ELECTRONIC SYSTEM OPERATORS IN HUMAN RIGHTS PERSPECTIVE Rinalvin Achmad Wiryawan; Istislam; Dhia Al Uyun
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 1 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i1.1452

Abstract

The decision of the Panel of Judges in the State Administrative Court Decision at the Jakarta State Administrative Court Number 424/G/TF/2022/PTUN.JKT, contradicts with many human rights law, especially related to the right to communicate and obtain information and economic rights. The right to communicate and to access and obtain information is a right guaranteed and recognized by the Indonesian Constitution as stipulated in Article 28F of the 1945 Constitution, and regulated in Articles 14 of the Human Rights Act. In addition, the right to communicate and obtain information is also regulated internationally in the provisions of Article 19 of the Universal Declaration of Human Rights, and Article 19 of the International Covenant on Civil and Political Rights (ICCPR) which has been ratified in the provisions of the Law Number 12 of 2005 concerning the Ratification of the ICCPR (KIHSP Law). The right to economy and employment is a human right guaranteed in the Indonesian constitution, as stipulated in Article Article 27 paragraph (2) UUD NRI Tahun 1945, and regulated internationally in the provisions of Article 1 Number 2, Article 5 paragraph (2), and Article 6 of International Covenant on Economic, Social, and Cultural Rights (ICESCR) that has been ratified in the provisions of Law Number 11 of 2005 concerning the Ratification of the International Covenant on Economic, Social, and Cultural Rights (KIHESB Law).
An Alternative Model for Constitutional Question Adjudication in Indonesia: A Comparative Study of Ten Constitutional Court Jurisdictions Dhenasya Sukma Hardaningtyas; Muchamad Ali Safa'at; Dhia Al-Uyun
International Journal of Business, Law, and Education Vol. 7 No. 1 (2026): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i1.1486

Abstract

Indonesia's constitutional review system entrusts the Constitutional Court with the authority to review statutes against the 1945 Constitution, yet it does not provide a procedural channel through which ordinary judges may refer constitutional doubts arising in pending cases. This doctrinal and comparative legal study formulates an alternative model of constitutional question adjudication for Indonesia by examining ten constitutional-court jurisdictions: Austria, Italy, Germany, South Africa, South Korea, Hungary, Croatia, Romania, the Czech Republic, and the Russian Federation. The study uses statutory, conceptual, case-based, and comparative approaches and analyses primary legal materials, constitutional-court legislation, judicial decisions, and relevant scholarship on centralized constitutional review and concrete norm control. The findings show that constitutional question mechanisms share several core features: they arise from concrete litigation, are normally initiated by judges, require the challenged norm to be decisive for the pending case, usually suspend the underlying proceedings, and produce decisions with binding force beyond the individual dispute. At the same time, the jurisdictions differ in their referral filters, admissibility thresholds, procedural timelines, and remedial effects. Building on these comparative findings, this article proposes a semi-mandatory judicial referral model for Indonesia. The model requires constitutional amendment to Article 24C of the 1945 Constitution, preliminary screening by the Supreme Court, strict admissibility criteria, a stay of proceedings, expedited review by the Constitutional Court, and final and binding decisions with erga omnes and limited retroactive effects. The proposed model preserves judicial independence, reduces the risk of docket congestion, and strengthens preventive protection of constitutional rights in concrete adjudication.
Legal Recognition of Societal Organizations as Civil Society Representatives in Democratic Lawmaking Argie Wahyu Wibawa Purwanto; Dhia Al Uyun; Arif Zainudin
International Journal of Business, Law, and Education Vol. 7 No. 2 (2026): International Journal of Business, Law, and Education (on progres)
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v7i2.1489

Abstract

Public participation is an indispensable element of democratic lawmaking because it links statutory authority with social legitimacy. In Indonesia, societal organizations (organisasi kemasyarakatan, ormas) have a strategic position as intermediary institutions that aggregate collective interests and transmit them to state institutions. Although Law No. 12 of 2011 on Lawmaking, as amended most recently by Law No. 13 of 2022, recognizes public participation and introduces the language of meaningful participation, the statutory framework still does not expressly establish an enforceable obligation to involve societal organizations at each decisive stage of the legislative process. This article examines the legal consequences of that gap for democratic legitimacy, legislative accountability, and the quality of public control. Using normative legal research supported by statutory, conceptual, and comparative approaches, the article analyses Indonesian constitutional guarantees of association and expression, the legal functions of societal organizations under Law No. 17 of 2013, the doctrine of meaningful participation developed by the Constitutional Court, and selected comparative lessons from the Philippines. The study argues that the present Indonesian model remains vulnerable to procedural formalism because participation is frequently treated as access to consultation rather than as an institutionalized right to be heard, considered, and answered. The article recommends reformulating the Lawmaking Law by converting discretionary consultation clauses into mandatory provisions, establishing minimum procedural standards for consultation, requiring written feedback on civil society submissions, and creating a reviewable record of participation. Such reform would strengthen the rule of law by transforming societal organizations from occasional invitees into legally recognized partners in democratic legislation.
Judicial Reasoning and the Evidentiary Assessment of Premeditation: A Case Study of a Criminal Judgment Ardi Syahwal; Nurini Aprilianda; Dhia Al-Uyun
Kosmik Hukum Vol. 27 No. 1 (2027)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v27i1.32857

Abstract

This study aims to critically examine the judicial reasoning in establishing the element of premeditation (met voorbedachten rade) in determining the criminal liability of a Child in Conflict with the Law, particularly in Decision Number 4/Pid.Sus-Anak/2023/PN.Jkt.Sel. The decision concerns the Child’s participation in aggravated assault with premeditation under Article 355 paragraph (1) in conjunction with Article 55 paragraph (1) of the Indonesian Penal Code. The court established the element of premeditation based on the Child’s awareness of the principal offender’s anger, the provision of access that enabled the offender to meet the victim, and the existence of what the court characterized as “close cooperation.” This reasoning raises a fundamental question concerning the evidentiary standards for establishing the Child’s subjective state of mind in relation to premeditation. This study employs normative legal research using statutory, case, and conceptual approaches. The findings reveal that the court’s reasoning conflated the objective contribution and conscious cooperation required to establish joint participation (medeplegen) with the distinct subjective requirements of premeditation (met voorbedachten rade). Specifically, the court failed to demonstrate the formation of a deliberate and considered intent, the existence of a sufficient interval for reflection and reconsideration of that intent, and the consistency between the alleged prior planning and the subsequent execution of the offense. Consequently, the finding of premeditation fails to satisfy the evidentiary threshold prescribed under Article 183 of Law Number 8 of 1981 on Criminal Procedure. This study argues that such deficiencies in the evidentiary construction preclude the attribution of premeditation to the Child. Nevertheless, the failure to establish this qualifying element does not automatically extinguish the Child’s criminal liability for other offenses, provided that their requisite elements have been legally and sufficiently proven.
Legal Protection for Citizens Affected by The Termination of Access Policy of Unregistered Private Scope Electronic System Operators Rinalvin Achmad Wiryawan; Istislam Istislam; Dhia Al Uyun
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.574

Abstract

On July 30, 2022, the government's policy in terminating access to unregistered private scope electronic system operators to several internet platforms including: Paypal, Yahoo, Epic Games, Steam, Dota, Counter Strike, Xandr.com, and Origin, has resulted in material and immaterial losses to citizens who use the platform of unregistered private scope electronic system operators. The government's policy in terminating access or blocking access to PSE LP, harms the digital rights of citizens. Blocking has an impact on the inaccessibility of services and loss of revenue due to termination of PSE LP access. Citizens are eligible for legal protection, which includes preventive and repressive legal protection. Preventive protection includes the right to communicate and access information guaranteed in human rights provisions. Repressive protection includes the right to legal guarantees for legal remedies in filing state administrative court lawsuits.
The Decentralization Dilemma: Navigating Challenges In Building The Nusantara Capital City Dandi Wijaya; Dhia Al Uyun; Shinta Hadiyantina
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 1 (2025): International Journal of Islamic Education, Research and Multiculturalism (IJIERM
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i1.442

Abstract

Sejalan dengan pemindahan ibu kota baru di wilayah Kalimantan Timur, dalam ketentuan pasal 4 Ayat (1) Huruf b UU IKN menyebutkan bahwa Otorita Ibu Kota Nusantara sebagai lembaga setingkat kementerian yang menyelenggarakan Pemerintahan Daerah Khusus Ibu Kota Nusantara, dan Pasal 5 Ayat (4) UU IKN yang menyebutkan bahwa Kepala Otorita Ibu Kota Nusantara merupakan kepala Pemerintah Daerah Khusus Ibu Kota Nusantara yang berkedudukan setingkat menteri, ditunjuk, diangkat, dan diberhentikan oleh Presiden setelah berkonsultasi dengan DPR.Tujuan penelitian ini untuk menganalisis dampak jangka panjang yang timbul dari model pemerintahan terpusat terhadap pelaksanaan sistem pemerintahan baru di Wilayah Ibu Kota Nusantara. Penelitian ini menggunakan jenis penelitian hukum normatif dengan menggunakan Pendekatan Perundang-undangan dan Pendekatan Konseptual. Adapun hasil penelitian ini, dampak yang timbul akan berpengaruh pada politik lokal, demokrasi serta representasi masyarakat atas perwakilannya, dan yang paling mendasar adalah hak konstitusionalnya sebagai warga negara. Sudah dipastikan tidak ada representasi lokal pada sistem politik perwakilan seperti saat ini.Kata Kunci: Ibu Kota Nusantara, Desentralisasi, dan Sentralisasi. In line with the relocation of the new capital city in the East Kalimantan region, in the provisions of Article 4 Paragraph (1) Letter b of the IKN Law, it is stated that the Nusantara Capital City Authority as a ministerial-level institution that organizes the Special Regional Government of the Nusantara Capital City, and Article 5 Paragraph (4) of the IKN Law which states that the Head of the Nusantara Capital Authority is the head of the Nusantara Capital Special Regional Government with a ministerial position, appointed and dismissed by the President after consulting with the House of Representatives. The purpose of this study is to analyze the long-term impact of the centralized governance model on the implementation of the new governance system in the Nusantara Capital city region. This study uses a type of normative legal research using a Legislative Approach and a Conceptual Approach. As for the results of this study, the implications will affect local politics, democracy, community representation of their representatives, and the most basic is their constitutional rights as citizens. It is certain that there is no local representation in the representative political system like today.Key Words: Nusantara Capital City, Decentralization, and Centralization.
Co-Authors Afifah Kusumadara Ardi Syahwal Argie Wahyu Wibawa Purwanto Arif Zainudin Dandi Wijaya Dhenasya Sukma Hardaningtyas Faridatur Riskiyah Gerry Geovant Supranata Kaban Istislam Kralawi Sita Lucky MH SH. Endrawati Muchamad Ali Safaat Nurini Aprilianda Rinalvin Achmad Wiryawan Rinalvin Achmad Wiryawan Shinta Hadiyantina Silvia Senjaya Sonya Veronika Nggauk Yayuk Yuliati