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KEPASTIAN HUKUM DAN PERLINDUNGAN HUKUM HAK ATAS TANAH Hadisiswati, Indri
Ahkam: Jurnal Hukum Islam Vol 2, No 1 (2014)
Publisher : IAIN Tulungagung

Giving ownership of land is intended to guarantee rights ofpeople legally. As an implementation of UUPA, the governmentregisters the ownership of land in Indonesia as stated in chapter19 UUPA. Technically, the basis for registering land is statedin Peraturan Pemerintah Number 10/1961 about land registerwhich is renewed in Peraturan Pemerintah No 24/1997.Kata kunci: Kepastian Hukum, Perlindungan Hukum, Hakatas Tanah

KEPASTIAN HUKUM DAN PERLINDUNGAN HUKUM HAK ATAS TANAH Hadisiswati, Indri
Ahkam: Jurnal Hukum Islam Vol 2 No 1 (2014)
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2014.2.1.118-146

Giving ownership of land is intended to guarantee rights ofpeople legally. As an implementation of UUPA, the governmentregisters the ownership of land in Indonesia as stated in chapter19 UUPA. Technically, the basis for registering land is statedin Peraturan Pemerintah Number 10/1961 about land registerwhich is renewed in Peraturan Pemerintah No 24/1997.Kata kunci: Kepastian Hukum, Perlindungan Hukum, Hakatas Tanah

PEMENUHAN HAK DAN TANGGUNG JAWAB KONSUMEN DAN PELAKU USAHA SEBAGAI UPAYA PERLINDUNGAN HUKUM MELALUI KONSEP PEMBERDAYAAN Siswati, Indri Hadi; Puspitasari, Reni Dwi
Ahkam: Jurnal Hukum Islam Vol 8 No 2 (2020): November
Publisher : IAIN Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2020.8.2.333-350

Often the losses experienced by consumers in conducting transactions are the result of ignoring the responsibilities of business actors as stipulated in the Consumer Protection Law Number 8 of 1999 concerning Consumer Protection. The losses also happen because consumers often do not have the courage to defend their rights due to the lack of courage and helplessness due to a one-sided take-or-leave-it contract that gives business actors more authority so that the two parties are not in a balanced and equal position. Therefore, empowering consumers by showing their rights and how to defend their rights is important. Likewise, with the empowerment of business actors which emphasizes the fulfillment of their responsibilities, it is possible that the products and / or services offered have a small possibility of detrimental to consumers. In return, it also benefits to business actors in increasing the level of marketing of their products. Keywords: Empowerment, Consumers, Bussines Actors, Fulfillment or Rights and Responsibilities.

HARMONISASI PENGATURAN UPAYA ADMINISTRATIF DALAM PENYELESAIAN SENGKETA ADMINISTRASI NEGARA DARI PERSPEKTIF TEORI AL-ADALAH DAN AL-SHURA Hadisiswati, Indri; ., Darmawan
Ahkam: Jurnal Hukum Islam Vol 12 No 2 (2024): November 2024
Publisher : UIN Sayyid Ali Rahmatullah Tulungagung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21274/ahkam.2024.12.2.293-324

The regulation regarding administrative efforts in resolving state administrative disputes is governed by two different legal foundations. There is a dualism of opinion regarding the necessity of administrative efforts before filing a lawsuit in court, whether it is imperative or facultative, based on the provisions of these two legal foundations, namely the State Administrative Court Law and the General Administrative Procedure Law. This legal issue will be examined through normative legal research, The study concludes that administrative efforts in resolving state administrative disputes are facultative as long as they are not explicitly regulated in sectoral laws. The facultative nature of these administrative efforts also requires simplification in resolving administrative disputes. This simplification can be achieved by limiting the process to two levels of administrative court examinations, ending with a review and decision by the Supreme Court. Harmonious administrative arrangements in resolving state administrative disputes must consider the fundamental principles of Islamic law, such as al-Adalah (Justice) and al-Shura (Deliberation). Justice ensures that decisions taken fairly fulfill the rights and obligations of the involved parties, while deliberation emphasizes the importance of collaboration and participation in decision-making, allowing for outcomes that are more widely accepted by all parties.

Redenomination of the Indonesian Rupiah: A Legal-Policy Analysis from a Maqāṣid Perspective Nur, Iffatin; Puspitasari, Reni Dwi; Hadisiswati, Indri; Nur Ilmas, Divia Nur Alan
International Journal of Law and Society Vol 4 No 3 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i3.155

This article examines the proposed redenomination of the Indonesian Rupiah through a normative–conceptual legal-policy analysis informed by the Maqāṣid al-Sharīʿah framework. The study evaluates the legal foundations, philosophical justification, and policy implications of redenomination within Indonesia’s current macroeconomic and institutional context. Drawing on primary legal materials such as Law No. 7 of 2011 on Currency, Bank Indonesia regulations, and Ministry of Finance instruments alongside doctrinal writings and legal-philosophical scholarship, the research integrates doctrinal interpretation, legal-policy analysis, and maqāṣid reasoning. The findings indicate that redenomination is normatively grounded in constitutional mandates to ensure currency sovereignty and monetary stability. It enhances transactional efficiency, supports price transparency, and strengthens currency credibility when implemented under stable macroeconomic conditions. From the Maqāṣid framework, redenomination aligns with ḥifẓ al-māl (protection of wealth), al-ʿadālah (justice), and maṣlaḥah (public welfare). This study contributes an interdisciplinary framework bridging legal doctrine, public policy, and Islamic legal philosophy. Limitations arise from reliance on secondary sources, indicating the need for empirical and comparative research.

Regulating Arbitrary Divorce in Islamic Family Law: A Maqāṣid al-Sharīʿah–Based Comparative Analysis of Muslim-Majority Legal Systems Fadhilah, Nur; Musonnif, Ahmad; Hadisiswati, Indri
Al-Hukama': The Indonesian Journal of Islamic Family Law Vol. 15 No. 2 (2025): December
Publisher : Islamic Family Law Department, Sharia and Law Faculty, UIN Sunan Ampel Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alhukama.2025.15.2.149-175

This article examines how contemporary Islamic family law regulates arbitrary divorce and evaluates the extent to which such regulation operationalizes maqāṣid al-sharīʿah, particularly as conceptualized by Jamāl al-Dīn ʿAṭiyyah. Arbitrary divorce is understood as unilateral marital dissolution that occurs without adequate judicial oversight, substantive justification, or fair compensation, resulting in harm to women and children. The study asks how different legal systems constrain or reproduce arbitrary divorce and which regulatory model most effectively realizes substantive justice. Employing a qualitative and comparative method, the research analyzes statutory regulations, judicial structures, and doctrinal frameworks governing divorce in Indonesia, Iran, and Algeria as material objects of study. The findings demonstrate three distinct regulatory patterns. Indonesia adopts a procedural model that formally judicializes divorce but fails to prevent substantive injustice due to weak enforcement and partial protection of women’s financial and custodial rights. Iran reflects an administrative–doctrinal model that retains significant male prerogatives while introducing limited compensatory mechanisms. In contrast, Algeria represents a substantive maqāṣid-oriented model in which expanded judicial authority, mandatory reconciliation, and compensation for harm effectively constrain unilateral divorce and promote financial justice and child welfare. The study concludes that effective regulation of arbitrary divorce depends not on procedural formality alone but on the institutional capacity to translate ethical objectives into enforceable outcomes. This maqāṣid-based typology contributes to Islamic family law scholarship by offering a comparative framework for evaluating justice-oriented legal reform.

Wisdom in the Digital Era: Bridging Human Rights, Indonesian Cyber Law, and Progressive Fiqh Nur, Iffatin; Hadisiswati, Indri; Fajarwati, Hiba; Fithriy, Haniefa Nuruddienil; Muhammad Diyaulhaq Rais
The Journal of Society and Media Vol. 10 No. 1 (2026): Social Transformation in the Digital Media Ecosystem
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26740/jsm.v10n1.p315-340

Digital technologies have reconfigured the landscape of public discourse, religious expression, and civic participation, generating both democratic opportunities and profound ethical challenges. While existing legal frameworks seek to regulate harmful online behavior, law alone proves insufficient to cultivate responsible digital conduct. This article argues that wisdom (ḥikmah) constitutes a critical, yet under- explored, ethical capacity for navigating the digital public sphere. Employing a normative–philosophical legal methodology, this study integrates three normative traditions: international human rights law, Indonesia’s Electronic Information and Transactions Law (EIT Law/UU ITE), and Progressive Fiqh grounded in maqāṣid al-sharī’ah, maṣlaḥah, and istiḥsān. Through conceptual and comparative analysis, the article demonstrates how wisdom functions as a mediating moral rationality that harmonizes freedom of expression with human dignity and social responsibility. The findings propose a model of “digital wisdom” that shifts governance from reactive legal control toward anticipatory ethical responsibility. This framework contributes to contemporary debates on digital governance, Islamic legal theory, and human rights by offering a culturally grounded yet universally resonant model of ethical digital citizenship. Future studies are encouraged to empirically examine how wisdom-based ethical frameworks can be institutionalized through digital literacy education, judicial practice, and religious discourse in diverse socio-legal contexts

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