Article Per Year (5 Year)
p-Index From 2021 - 2026
1.116
P-Index
This Author published in this journals
All Journal Jurnal Hukum Novelty MUSLIM HERITAGE: JURNAL DIALOG ISLAM DENGAN REALITAS Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum In Right: Jurnal Agama dan Hak Azazi Manusia Jurnal Iqtisaduna Syakhshiyyah Jurnal Hukum Keluarga Islam Jurnal Kajian Hukum dan Sosial
Bustanul Arifien Rusydi
Universitas Islam Negeri Sunan Kalijaga, Yogyakarta
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

Published : 7 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 7 Documents
Search

 1 
PROBLEM KEHADIRAN DAN UPAYA HUKUM TERGUGAT DALAM PUTUSAN VERSTEK PERKARA PERCERAIAN PADA PENGADILAN AGAMA BANDUNG Bustanul Arifien Rusydi
Muslim Heritage Vol 5, No 2 (2020): Muslim Heritage
Publisher : IAIN Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/muslimheritage.v5i2.2362

Abstract

AbstractImposing court decisions in verstek are regulated in Article 125 HIR paragraph (1) or Article 149 RBg paragraph (1). The main requirement is that the plaintiff fulfills the summons to the trial, while the defendant has never attended the trial at all until the verdict is passed. The various types of decisions passed on the grounds of the party's presence also have an impact on legal remedies that can be taken by the party objecting to the decision. This study aims to determine the interpretation and implementation of judges on the provisions of the decision making verstek. The type of research used is juridical normative, namely the statutory approach and legal theory on cases that are the object of research. The results found, that in practice at the Bandung Religious Court there are judges who have other interpretations of the terms of the requirements for the imposition of verstek decisions. The defendant who was never present during the examination of the case but was present at the reading of the verdict, the judge can still issue a verdict in verstek. The presence of the defendant at the reading of the decision is equivalent to the notification of the contents of the decision. In addition, on the verstek decision that was appealed, there was a high judge who accepted and granted the legal remedy. Even though the legal action against the Verstek decision was by verzet, not filing an appeal. AbstrakPenjatuhan putusan pengadilan secara verstek diatur dalam Pasal 125 HIR ayat (1) atau Pasal 149 RBg ayat (1). Syarat utamanya yaitu penggugat memenuhi panggilan persidangan, sedangkan tergugat sama sekali tidak pernah menghadiri persidangan sampai dengan putusan dijatuhkan. Beragamnya jenis putusan yang dijatuhkan atas alasan kehadiran pihak maka berdampak pula pada upaya hukum yang dapat dilakukan oleh pihak yang keberatan atas putusan itu. Penelitian ini bertujuan untuk mengetahui penafsiran dan implementasi hakim terhadap ketentuan penjatuhan putusan verstek. Jenis penelitian yang digunakan adalah yuridis normatif yaitu pendekatan perundang-undangan dan teori hukum terhadap kasus yang dijadikan objek penelitian. Hasil yang ditemukan, bahwa pada praktiknya pada Pengadilan Agama Bandung terdapat hakim yang memiliki penafsiran lain terhadap ketentuan syarat penjatuhan putusan verstek. Tergugat yang tidak pernah hadir selama pemeriksaan perkara tetapi hadir pada saat pembacaan putusan, hakim tetap dapat menjatuhkan putusan verstek. Kehadiran tergugat pada saat pembacaan putusan disetarakan dengan pemberitahuan isi putusan. Selain itu, atas putusan verstek yang diajukan banding terdapat hakim tinggi yang menerima dan mengabulkan upaya hukum tersebut. Padahal upaya hukum terhadap putusan verstek adalah dengan verzet, bukan mengajukan banding.
Arbitrator Neutrality in Alternative Sharia Banking Dispute Resolution: Instruments for Consumer Protection Bustanul Arifien Rusydi
Jurnal Iqtisaduna Vol 9 No 1 (2023)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/iqtisaduna.v9i1.36831

Abstract

This study aims to determine the form of legal protection for consumers who are in dispute with Islamic banking institutions through arbitration forums. Implementation of Financial Services Authority Regulation Number 61/POJK.07/2020, namely the establishment of an Alternative Institution for Financial Services Sector Dispute Resolution (LAPS JK), one of the dispute resolution mechanisms through arbitration. The appointed arbitrator is obtained from the internal procedures carried out by the institution. So that there is potential for arbitrators to be non-neutral in examining cases that affect the protection of Islamic banking consumers. The type of research used is qualitative research with a normative approach. Data collection was carried out through a desk-review process, while the analysis process was carried out through data reduction, data presentation, and drawing conclusions. The results of the study show that even though the arbiters who examine cases between consumers and Islamic banking institutions come from Alternative Dispute Resolution Institutions, one of which is the Association of Indonesian Sharia Banks (ASBISINDO), the neutrality of these arbiters has been supervised by the existence of a code of ethics that has been established by the institution. If the arbiter is proven not to be neutral in examining a case, then there is a mechanism for enforcing the code of ethics. So that the potential for conflicts of interest in alternative dispute resolution through arbitration between Islamic banking institutions and their consumers can be avoided.
Local Examination in Child Custody Disputes: Judges’ Efforts to Find the Best Interests of the Child Bustanul Arifien Rusydi
Jurnal Hukum Novelty Vol 14, No 1 (2023)
Publisher : Universitas Ahmad Dahlan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26555/novelty.v14i1.a25563

Abstract

Introduction to The Problem: Implementation of local examinations in the provisions of Article 153 HIR, Article 180 Rbg, and Article 211 Rv is optional. The judge has the authority to determine whether it is necessary or not to carry it out. Generally, local inspections are carried out in civil cases with the object of dispute being land or fixed assets. However, it does not rule out the possibility that local examinations can also be carried out on child custody disputes because there is no limit to certain cases that can be carried out by local examinations. Some cases of child custody, some are examined by carrying out local inspections and some are not.Purpose/Objective Study: This study aims to describe the urgency of local examinations in child custody disputes, especially in ongoing cases and those that have been decided contradictory. Thus, it would exhibit the judges’ efforts in identifying and determining the best interests of the child from the course of the examination process at the trial.Design/Methodology/Approach: This study examines court decisions on child custody cases using a descriptive analysis approach in a qualitative study. This research was conducted on the basis of the efforts of judges to accommodate the interests of all parties so that research data were obtained from civil procedural law regulations, marriage laws, child protection laws, court decision documents, and related scientific journals. Data were analyzed using a normative approachFindings: In the process of proving the trial of child custody disputes, there are differences in the attitude of judges, especially in carrying out local examinations. There are judges who consider it necessary to carry out local examinations and there are also judges who do not. Indeed, in the regulation regarding local examinations it is optional, but in trials that carry out local examinations, the judge gets an important picture of how to determine the best interests of the child whose custody rights are disputed. From the two cases that have been studied, there are two important elements to determine the best interests of the child. First, regarding the significance of the social environment for children, namely regarding the environmental conditions of the father and mother. And second, regarding the significance of the child's will, namely the information obtained by the judge from the process of direct interviews with the child at his place of residence.Paper Type: Research Article
Manusia Silver dan Kebijakan Larangan “Pengemis Jalanan”: Anomali Implementasi Peraturan Daerah DIY No. 1 Tahun 2014 di Bantul, Yogyakarta Bustanul Arifien Rusydi
IN RIGHT: Jurnal Agama dan Hak Azazi Manusia Vol 12, No 1 (2023)
Publisher : UIN Sunan Kalijaga Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/inright.v12i1.2979

Abstract

Street begging or panhandler is a social issue that has long existed in Indonesia. The local government has paid attention to handling this social issue in the form of local legal policies (Perda). Even so, this social issue has always been an issue that is difficult for local governments to handle, including enforcement of regulations which often experience deadlock. Why does this impasse happen? This study aims to discuss the prohibition of 'begging' in the Yogyakarta area from a juridical perspective. The data in this study were collected by examining the regulations of 'begging' and supplemented by interviews with the Pol PP Unit (local officer) as the executor of law enforcement of local regulations. This research finds that the norm of 'begging' in the Yogyakarta regulation has an imbalance in legal substance where in the regional regulation 'begging' is defined completely, while the 'giver' is not. In addition to this normative imbalance, the law enforcement of this DIY regional regulation must depend on limited personnel and a sense of 'compassion' in society. This has more or less affected law enforcement for panhandler, especially for the givers, who is giving according to good faith
Workaholism as a Trigger for Marital Conflict: Psychological and Legal Perspectives Nurul Firdaus; Bustanul Arifien Rusydi
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 4 No 2 (2024): Syakhsiyah: Jurnal Hukum Keluarga
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/8jjr1593

Abstract

Workaholism is a phenomenon that is increasingly prevalent in modern society. While working is a positive activity, excessive focus on work can trigger an imbalance between professional and personal life. In the context of marriage, this imbalance can lead to conflicts, relationship breakdowns, and even divorce. A concrete example of the impact of workaholism on family life can be found in the Bantul Religious Court Decision No. 840/Pdt.G/2022/PA.Btl. In this case, workaholism was cited by the plaintiff as the reason for filing for divorce in court. This study employs a library research method with descriptive-analytical analysis of the court ruling as the object of research. The purpose is to explore the psychological and legal impacts of workaholism from a psychological perspective using the work-family conflict theory and the theory of spouses of workaholics. Additionally, the maslahah mursalah approach is used to assess whether workaholism as a social phenomenon brings benefits or harms. The findings of this study reveal that workaholism can trigger disputes between married couples, leading to divorce. From the perspective of maslahah mursalah, workaholism provides benefits, such as fulfilling the family’s economic needs and achieving career goals.  Moreover, there is also harm, such as being a trigger for conflicts within the household.
Ambiguity of Damages in Civil Court Decisions: A Case-Based Analysis of Racial and Ethnic Discrimination in Indonesia Rusydi, Bustanul Arifien
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 58 No 1 (2024)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v58i1.414

Abstract

This study examines the ambiguity of damages in civil court decisions concerning racial and ethnic discrimination in Indonesia. Using a normative legal method with philosophical, conceptual, and case study approaches, the research focuses on the application of adequate causality theory by Johannes von Kries to assess the causal relationship between discriminatory acts and non-material harm. The study analyzes court decisions Surabaya District Court Decision No. 529/Pdt.G/2014/PN. Sby, Central Jakarta District Court Decisions No. 588/Pdt.G/2017/PN.Jkt.Pst and No. 13/Pdt.G/2018/PN.Jkt.Pst, which were declared inadmissible due to insufficient proof of harm. Findings reveal that current evidentiary standards are limited to material losses, leaving psychological harm—such as trauma, fear, and social stigma—unaddressed. This research proposes normative parameters for evaluating non-material damages, including psychological intensity, public exposure, duration of impact, and social vulnerability of victims. The study highlights the need for a more responsive evidentiary framework that accommodates the realities of symbolic and immaterial harm in discrimination cases.
Resolution without Enforcement: A Critical Study of Case Closure and Substantive Justice in Indonesian Court Mediation Bustanul Arifien Rusydi; Ahmad Khairun Hamrany; Tata Wijayanta; Deslaely Putranti
Justicia Islamica Vol 23 No 2 (2026): IN PRESS
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i2.13286

Abstract

This study analyses the quality standards of mediated outcomes and the safeguarding mechanisms associated with withdrawal and consent judgments under Supreme Court Regulation (Perma) No. 1 of 2016, through the lens of ṣulḥ, to offer a substantively just model of mediation. Methodologically, the research adopts a normative-conceptual approach, applying dispute system design doctrine to Indonesia’s mediation regulation. Qualitative analysis is conducted on ten sample court decisions representing post-mediation dispositions. The findings indicate that Perma No. 1 of 2016 frames mediation “success” in terms that prioritize case closure over the locking-in of enforceable commitments, thereby weakening protection for claimants in high-stakes disputes. A ṣulḥ-based procedural design is argued to support mediated settlements that are more binding, executory, and capable of deterring dispute recurrence. This study recommends that Perma No. 1 of 2016 be supplemented with a substantive initial classification mechanism requiring mediators to identify the type of dispute and its economic value, and to steer mediation toward an executory consent judgment.
Co-Authors Ahmad Khairun Hamrany Deslaely Putranti Nurul Firdaus Tata Wijayanta