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All Journal Reformasi Hukum Trisakti Intellektika: Jurnal Ilmiah Mahasiswa
Raka Haikal Anfasya
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Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Implikasi Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja Sektor Perkebunan terhadap Eksistensi Masyarakat Hukum Adat Rohmah Dwi Cahyanigsih; Raka Haikal Anfasya; Akhmad Kautsar Fattah; Abdul Haris Nafis; Handoyo Prasetyo; Atik Winanti
Intellektika : Jurnal Ilmiah Mahasiswa Vol. 3 No. 1 (2025): Intellektika : Jurnal Ilmiah Mahasiswa
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/intellektika.v3i1.2035

Abstract

This study analyzes the impact of Government Regulation in Lieu of Law (Perppu) No. 2 Year 2022 on Job Creation, particularly in the plantation sector, on the rights of Masyarakat Hukum Adat (MHA). The initial purpose of this Perppu was to increase investment through simplification of regulations and acceleration of licensing, but the formulation of existing norms and regulations can threaten the existence of MHA. This research is a normative research and uses a legislative approach by analyzing primary and secondary legal materials, and using John Rawls' Theory of Justice and Mochtar Kusumaatmadja's Theory of Development Law. The results show that there are significant changes in the application of Perppu No. 2 Year 2022 on Job Creation compared to Law No. 34 Year 2014 on Plantations, including changes in land area limitations, elimination of environmental permits, and elimination of criminal sanctions related to permits and the environment. The implications of the implementation of this Perppu are that it exacerbates the marginalization of Indigenous Peoples, ignores customary rights, and causes overlapping land tenure, as well as ecosystem and environmental damage. This research suggests several strategic steps: accelerating the inventory of customary land and the granting of customary rights certificates, requiring MHA to be involved in every stage of decision-making through FPIC mechanisms, and passing a special law for MHA. Investment policies should also focus on sustainable development with stricter environmental standards than at present.
Analisis Yuridis Perkembangan Perbankan Syariah di Indonesia dan Malaysia : (Studi Perbandingan Hukum) Raka Haikal Anfasya; Handar Subhandi Bakhtiar; Atik Winanti
Intellektika : Jurnal Ilmiah Mahasiswa Vol. 3 No. 3 (2025): Intellektika : Jurnal Ilmiah Mahasiswa
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/intellektika.v3i3.2791

Abstract

This research analyzes the legal development of Islamic banking in Indonesia and Malaysia through a comparative law approach. Islamic banking has become an important component of the global financial system, yet its growth varies across countries. Indonesia's Islamic banking industry, while experiencing significant progress in recent years, still faces regulatory and institutional challenges. In contrast, Malaysia has emerged as a global hub for Islamic finance due to its integrated regulatory framework, strong government support, centralized Shariah compliance system, and established human resource development. This study employs normative legal research using primary and secondary legal sources, and applies comparative legal theory. The findings highlight the importance of legal harmonization, centralization of fatwa authorities, active government involvement, and comprehensive infrastructure development in supporting the growth of Islamic banking. Lessons from Malaysia's experience can serve as valuable references for Indonesia to enhance its Islamic banking industry and improve its competitiveness in the global market.
PERBANDINGAN HUKUM KETENTUAN PERKAWINAN POLIGAMI DI INDONESIA DAN MESIR Raka Haikal Anfasya; Natasya Yunita Sugiastuti
Reformasi Hukum Trisakti Vol 5 No 2 (2023): Reformasi Hukum Trisakti
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/refor.v5i2.15839

Abstract

According to Indonesian law, monogamy is the foundation of marriage, although this principle is not unbreakable but rather flexible. Marriage law sets forth strong guidelines and requirements for polygamous marriages in order to prevent violations of and injury to wives' rights and to generally safeguard women. This study compares the polygamy provisions based on Egyptian and Indonesian law to examine the polygamy issue. The research is normative, using secondary data, qualitative analysis, and deductive conclusion. Research findings: Indonesian law regarding polygamous marriages is more comprehensive and complex than Egyptian law. Here some characteristics of polygamous marriages: the husband asks permission to engage in polygamy from the court; there is an obligation of notification and permission from the first wife; a reason to practice polygamy; sanctions for parties who violate the provisions on polygamy. In conclusion, Muh.Irham's decision was proven to have abandoned Nurdiana because she remarried secretly and according to Article 45 (1) PP No.9 1975 Muh.Irham was threatened with a fine of Rp.7500. Meanwhile, Big Ramy was proven to have committed polygamy secretly and according to Article 23 Bis Law 100 of 1985 was threatened with imprisonment for 6 months and a fine of 200 (Two Hundred) Pounds.
Co-Authors Abdul Haris Nafis Akhmad Kautsar Fattah Atik Winanti Handar Subhandi Bakhtiar Handoyo Prasetyo Natasya Yunita Sugiastuti Rohmah Dwi Cahyanigsih