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Prinsip Etik dalam Al-Quran tentang Profesi Notaris di Indonesia Saiful Munir; Hidayati, Rahmatul; Sunardi
REVELATIA Jurnal Ilmu al-Qur`an dan Tafsir Vol. 6 No. 2 (2025)
Publisher : IAIN Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/revelatia.v6i2.19014

Abstract

The notary profession plays an important role in maintaining the credibility of notarial practice. The existence of Law No. 2 of 2014 concerning the Position of Notary has not yet been able to fully uphold this credibility, as in reality, issues related to improper recording practices in Indonesia often referred to as bogus records are still frequently encountered. This study aims to interpret notarial practice based on principles from the Qur'an, which emphasize the actualization of notaries as professionals. A qualitative-interpretative method was used, guiding the researcher to interpret the professional conduct of notaries. In conducting this interpretation, the researcher refers to QS. Al-Baqarah (2): 282, At-Taubah (9): 119, An-Nahl (16): 90, and Al-Ahzab (33): 72. The findings of this study indicate that Qur'anic values such as honesty (sidq), justice (‘adl), and trustworthiness (amānah) are essential in shaping the professional ethics of notaries. The implementation of these values can strengthen the integrity of the notary profession serving as a moral guideline in carrying out their duties not merely as an administrative obligation. This study proposes the need for integrating Qur'anic values into notary professional education and reinforcing ethical code supervision to create a more moral and civilized legal system.
The Position of the Heritage Property Center (BHP) in Providing Legal Protection for the Civil Rights of Persons in Custody and the Child in Custody Budiarti, Lilik; Hidayati, Rahmatul; Sunardi, Sunardi
Journal of Law, Politic and Humanities Vol. 5 No. 6 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i6.2106

Abstract

This study uses normative juridical research, using the statute approach, conceptual approach, and historical approach. This thesis is studied to analyze all laws and regulations related to the administration, guardianship, duties and functions of BHP. In order to analyze the position of BHP in providing legal protection for the civil rights of people in custody and children in guardianship, namely as supervisors and guardians. as well as analyzing the legal consequences of a Notary deed or PPAT that contains a determination of custody and guardianship and is not notified or registered at BHP. Legal consequences of the Notary deed or PPAT, the act can be declared to violate Article 418 of the Civil Code, thus the deed can be declared null and void or worthless. So that this of course causes harm to the parties, for that the parties can file a civil lawsuit with a Notary or PPAT to be demanded for compensation for the losses that have been incurred from the making of the deed and can be administratively dismissed. To avoid the problems mentioned above, synergy and cooperation between all parties is needed, the Court, Dukcapil, BPN, Notary and PPAT and the Government also immediately issue a law that clearly regulates the affirmation of the Registration of Court Determination at BHP and strict sanctions if it is violated.
Legal Review of the Process of Handling Cases of Sexual Violence Against Children Utama, Bobby Edwan Ramnissa; Hidayati, Rahmatul; Parmono, Budi
Journal La Sociale Vol. 6 No. 6 (2025): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v6i6.2478

Abstract

This study aims to examine and analyze the handling of cases of sexual violence against children from a positive legal perspective, focusing on the implementation of legal procedures at the Batu Police Department. The method used is normative juridical, with a statutory and conceptual approach. The primary data sources consist of primary legal materials, such as the Criminal Code (KUHP), Law Number 35 of 2014 concerning Child Protection, Law Number 12 of 2022 concerning Criminal Acts of Sexual Violence, and Law Number 11 of 2012 concerning the juvenile criminal justice system. Secondary legal materials were obtained from academic literature, scientific journals, and relevant law enforcement documents. The results of the study indicate that normatively, the handling of cases of sexual violence against children is clearly regulated through laws and regulations that require maximum protection for child victims, including in investigations, special treatment during examinations, and the fulfillment of victims' rights. However, in practice at the Batu Police Department, law enforcement still faces various challenges, such as limited investigative resources, minimal psychological support, and a lack of understanding of the victim's perspective. Furthermore, the legal process still does not fully comply with the principles of restorative justice mandated by the latest regulations. This study recommends improving the capacity of investigators through gender-sensitive and child protection training, strengthening synergy between the police, child protection agencies, and supporting agencies, and ensuring ongoing oversight of the case handling process to ensure optimal protection of child victims' rights at every stage of the legal process.
Regulasi Hukum Terhadap Pemidanaan Orang Yang Melakukan Kohabitasi (Kumpul Kebo) Sholikah, Ana; Hidayati, Rahmatul; Parmono, Budi; Muhibbin, Muh; Ilmania, Nurika Falah
JUSTISI Vol. 10 No. 1 (2024): JUSTISI
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/js.v10i1.3009

Abstract

Cohabitation (cohabitation) is an act that violates the juridical and social norms of criminal law carried out in the State of Indonesia. The research was prepared to find out the legal rules for cohabitation offenders and a comparison of cohabitation according to the Criminal Code Law Number 1 of 1946, Law Number 1 of 1951 and Emergency Law Number 1 of 1951 concerning Temporary Measures to Organize the Unity of the Structure of Powers and Procedures of Civil Courts. This research is normative juridical research using the technique of approaching the law. The results of the study reveal that in the regulation there is no explicit formulation policy on cohabitation in the Criminal Code / WvS. Legal arrangements for cohabitation offenders are contained in Article 412 of Law Number 1 of 2023 but have not been enforced. So that the legal arrangements for cohabitation offenders use Jurisprudence, but only certain regions use it. Keywords: Regulation; Legal Consequences; Cohabitation.
Non-Decriminalization of Political Offenses in Indonesia: A Study on Article 154 of the Criminal Code (KUHP) Parmono, Budi; Hidayati, Rahmatul; Ahnaf, Muhammad Qatrunnada
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 8, No 4 (2025): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33258/birci.v8i4.8136

Abstract

Article 154 of the Indonesian Criminal Code (Kitab Undang-undang Hukum Pidana; KUHP) is classified as a political offense because it is directed against the state, aims at public harm (public wrong), and involves non-violent expression of enmity or contempt (oral, written, or visual). The Dutch Government, however, viewed Article 154 KUHP as undemocratic and contrary to free expression and opinion, arguing it was only justifiable in colonial Indonesia for their interests. This created a divergence between the legislative interests of a colonized nation and a democratic one regarding 'expression' or 'opinion'. The Netherlands has equivalent provisions in Articles 137a to 137e of their Criminal Code, focusing on public insult against authorities or specific groups. While the Dutch code formulates these as formal insult offenses, Indonesia’s Article 154 KUHP is broader, covering both formal and material insult. Notably, Articles 137a and 137b of the Dutch Criminal Code were revoked in 1978 for conflicting with Dutch freedom of expression, while Article 154 KUHP remains enforced in Indonesia because its elements are considered identical to Political Offenses.