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All Journal Jurnal Ilmiah Kebijakan Hukum Lex Scientia Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Jurnal Suara Hukum Journal La Sociale IBLAM Law Review Journal of Social Research International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Jurnal Gramaswara: Jurnal Pengabdian kepada Masyarakat
Dhia Al Uyun, Dhia
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Hierarchical Model of Delegated Legislation in Indonesia Al-Fatih, Sholahuddin; Safaat, Muchamad Ali; Widiarto, Aan Eko; Al Uyun, Dhia; Nur, Muhammad
Lex Scientia Law Review Vol 7 No 2 (2023): Justice in Broader Context: Contemporary and Controversial Issues in Indonesia an
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v7i2.74651

Abstract

In a democratic rule of law like Indonesia, delegated legislation emerges as a necessity. Unfortunately, Article 8, paragraph (1) of Law Number 12 of 2011 concerning the Establishment of Laws and Regulations, in conjunction with Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011, fails to articulate a clear hierarchy of delegated regulations. Employing a juridical-normative research approach encompassing statutory, historical, and conceptual dimensions, this study sheds light on the prevailing legal vacuum. The research reveals that a staggering 24,052 regulations at the level of Ministries, Agencies, and State Institutions run the risk of overlapping and becoming subject to judicial review in the Supreme Court. The definition of Delegated Legislations in Indonesia, as interpreted herein, is confined to regulations whose legal construction is executed by the executive, as long as formal legal norms continue to confer the authority of delegation in the legislative domain to implement superior regulations. This paper identifies three distinct models governing the structuring of Delegated Legislations within the hierarchy of laws and regulations in Indonesia. These models include the Hierarchical model based on the legal foundation of institution formation, the Hierarchical model based on the position of the institution, and the Hierarchical model based on the source of delegated authority in forming rules. This nuanced exploration seeks to address the complexities surrounding delegated legislation, aiming to provide clarity and coherence within the Indonesian legal framework.
Female Athletes' Experiences Applying Basic Pencak Silat Skills in the Professional World Ishak, Mega Maulidia; Al Uyun, Dhia; Wahyuni, Lilik
Journal La Sociale Vol. 5 No. 4 (2024): Journal La Sociale
Publisher : Borong Newinera Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37899/journal-la-sociale.v5i4.1314

Abstract

Pencak silat is classified as a type of hard sport and if a woman decides to learn pencak silat it is considered taboo or inappropriate. However, the phenomenon found by researchers in the field is that there are female athletes who dare to break away from society's construction of women who are involved in pencak silat accompanied by the contribution of female athletes in achievements in sporting events, especially in the martial arts sport of pencak silat. This shows that women tend not to be weak. Based on the initial explanation that has been put forward, the author is interested in exploring this research which focuses on the experiences of female athletes. This research was carried out in the form of experience in using basic pencak silat skills. This research is a descriptive qualitative literature and participatory research. Based on research results, gender equality is still a hot issue to be discussed throughout the world, various efforts have been made to improve gender equality in various fields, including sports. In the world of sports, men and women should have the same rights to participate, excel and pursue sports professionally, but there are still many people who consider that sport is a masculine activity, where it is identified with men's and women's activities, which they feel is lacking. suitable for being involved in the world of sports.
Legal Protection of Labour’s Freedom of Union Againts Union Busting in Indonesia Al Uyun, Dhia; Buryahika, Edgar; Siagian, Daniel Alexander
Jurnal Suara Hukum Vol. 6 No. 2 (2024): Jurnal Suara Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsh.v6n2.p279-297

Abstract

Freedom of association, assembly and expression is part of human rights that must be respected, fulfilled and protected. Constitutionally, freedom of association for workers/laborers has been guaranteed in Article 28E paragraph (3) which confirms that everyone has the right to freedom of association, assembly and opinion. Basically, trade unions / labor unions are organizations formed from, by, and for workers/workers both in the company and outside the company that are free, open, independent, democratic and responsible in order to fight, defend and protect the rights and interests of workers/workers and improve welfare. However, in practice there are various forms of violation of freedom of association for workers, one of which is the suppression of trade unions (Union Busting) which is often intended as an effort to weaken the bargaining position of workers against the company. Union Busting is a restrictive measure against the establishment and implementation of workers ' freedom of association, beginning with discrimination against workers. Union busting actions carried out by employers against unions, are usually carried out through unilateral layoffs, demositions, and mutage of positions. The restriction of freedom of association is contradictory as Article 104 Paragraph (1) of Law No. 13 of 2003 concerning manpower confirms that every worker/worker has the right to form and become a member of a trade union/trade union. Legal protection is the protection of human dignity and recognition of human rights owned by legal subjects based on legal provisions and as a collection of laws or rules that will be able to protect one thing from another. Legal protection is an effort to prevent and overcome the violation or non-fulfillment of the rights of legal subjects. Legal protection against Union Busting is actually needed to protect workers ' rights in forming and running unions so that there is a healthy working relationship between workers and companies.
The Decentralization Dilemma: Navigating Challenges In Building The Nusantara Capital City Dandi Wijaya; Al Uyun, Dhia; Hadiyantina, Shinta
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 1 (2025)
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.
Representation and Legislative Functions of Women in the Regional People's Representative Council (DPRD) of Lamongan Regency Sujarwati, Erna; Al Uyun, Dhia; Utaminingsih, Alifiulahtin
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.5700

Abstract

The role of women legislators cannot be maximized if the quantity of women legislators is still low. In the DPRD of Lamongan Regency, out of 50 DPRD members, 11 are female legislators. Seeing the affirmative representation of women at 30%, the Lamongan district DPRD is still at 22%. Looking at the existing human resources of the 11 women legislators, have they carried out their legislative functions in accordance with their roles and functions? The purpose of this research is to find out the roles, constraints, and efforts to overcome obstacles to female legislators in carrying out legislative functions in the Lamongan Regency DPRD for the 2019-2024 period. The method used in this research is descriptive qualitative. In this study, it was found that from the three dimensions of roles expressed by Soerjono Soekanto, namely norms, individual concepts of society as an organization, and none of the behaviors are optimal. The conclusion of this study is that the role of women councilors in carrying out the legislative function in the DPRD of Lamongan Regency has not been maximized. Suggestions that can be put forward after conducting the research are that female council members are expected to be more active in maximizing their role at every meeting, female council members must make constraints a motivation for achievement and motivation for self-improvement to further develop, and female council members are given additional education programs about law and legislation in order to understand and maximize its role in carrying out legislative functions.
Penguatan Kompetensi Metode Penelitian dan Pengabdian dalam Penyusunan Proposal bagi Para Dosen Muda di IAI Al-Qolam Gondanglegi Malang Setiawati, Eti; Al Uyun, Dhia; Riskiyah, Faridatur; Pratiwi, Baiq
Jurnal Gramaswara: Jurnal Pengabdian kepada Masyarakat Vol. 3 No. 2 (2023)
Publisher : Faculty of Cultural Studies, Universitas Brawijaya

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

Abstract

An advanced nation is one whose human resources are of the highest quality. The excellence of human resources can only be achieved through education, which involves educators and students, lecturers and pupils, lecturers and university students. Community service is carried out as a manifestation of expertise contribution, the utilization of educational outcomes, and/or research in the fields of science, technology, and/or art, in efforts to meet demands or initiate improvements in the quality of life of the community. Therefore, this community service aims to enhance the competence of community service proposals at the Islamic Religious Institute (IAI) Al-Qolam, commonly referred to as IAI Al-Qolam. The outcome of this community service is to provide training and mentoring, strengthen research and community service methods in proposal development for young faculty members at IAI Al-Qolam Gondanglegi Malang, so that faculty members can perform their duties more professionally and effectively.
Peran Bantuan Hukum Struktural dalam Transformasi Sosial: Sebuah Upaya Mewujudkan Kesetaraan Gender dan Perubahan Struktur dalam Masyarakat Ningtyas, Dyah Palupi Ayu; Al Uyun, Dhia; Susmayanti, Riana
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 3 (2023): November Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.327-348

Abstract

Structure-oriented or system-oriented movements will be more advanced than ordinary movements without relying on a system (normative). Structural legal aid is included in the movement of non-governmental organizations whose work system leads to structural or systemic changes, rather than changes at the individual or case-by-case level. The legal aid movement aims to ensure access to justice for people in need, especially women. With normative legal research, it is hoped that this can provide important findings about community colaboration, aid service providers, NGOs, and CSOs in societal change and equality. Thus, structural legal aid is a legal aid strategy based on the movement by eliminating power relations and gender inequality. In addition, village women paralegals can act as a movement to realize structural gender legal assistance for women, children, and other marginalized groups, and not just for the poor. The old perspective on traditional legal aid is not effective, makes structural legal aid an alternative from legal aid, that can be encouraged by movement that can eliminate gender inequality and change existing structures in society. Women’s participation as paralegals in a social movement can be optimized with support from NGOs and CSOs such as legal aid organizations. So that women’s social movements produce gender equality, fulfill women’s rights, and overcome discrimination. Apart from that, the legal aid movement needs to be focused and structured so that women’s rights are fulfilled. The challenge for paralegals is to be able to go beyond the duits stated in the UUBH.
EFFECTIVNESS OF DIVORCEMEDIATION IN INDONESIA: COMPARATIVE LEGAL STUDY OF UNITED STATES Ayu Ningtyas , Dyah Palupi; Al Uyun, Dhia; Susmayanti, Riana
IBLAM LAW REVIEW Vol. 3 No. 3 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i3.141

Abstract

Victims of Domestic Violence (KDRT) are increasing every year, which is one of the causes of divorce. CATAHU Komnas Perempuan 2022 reported that as many as 4,779 cases of divorce were due to domestic violence. The divorce process is preceded by a mediation stage as a dispute resolution by mediators at the Religious Courts. Mediators who handle divorce cases must be thorough and have a strategy for identifying and dealing with domestic violence. Domestic violence screening (KDRT screening) needs to be done so that the identification of cases of domestic violence can be explained specifically. One of the countries that have implemented screening is the United States, which considers it an appropriate and effective method. Comparison of the legal system becomes an analytical knife regarding the legal process of mediation between Indonesia and the United States. Domestic violence screening conducted in divorce mediation can identify violence that occurs. If there is an act of violence, the mediator can use a different approach during mediation. Mediation should be able to help both parties reach an agreement that is fair and profitable for both while taking into account the rights and obligations of the parties.
The Right to Communicate and Accessing Information on the Termination of Access Policy of Unregistered Private Scope Electronic System Operators Achmad Wiryawan, Rinalvin; Istislam, Istislam; Al Uyun, Dhia
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.
Co-Authors Aan Eko Widiarto Achmad Wiryawan, Rinalvin Alifiulahtin Utaminingsih Ayu Ningtyas , Dyah Palupi Buryahika, Edgar Dandi Wijaya Eti Setiawati, Eti Ishak, Mega Maulidia Istislam Istislam, Istislam Lilik Wahyuni Muchamad Ali Safaat Muhammad Nur Ningtyas, Dyah Palupi Ayu Pratiwi, Baiq Riana Susmayanti Riskiyah, Faridatur Shinta Hadiyantina Sholahuddin Al-Fatih Siagian, Daniel Alexander Sujarwati, Erna