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Settlement of Land Procurement Disputes at the State Administrative Court Sugiarto, Yuni; Mustomi, Otom
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): 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.v4i4.3059

Abstract

The purpose of this study is to analyze the legal protection for citizens over land acquisition disputes in determining the location of development for the public interest at the State Administrative Court. This research paper is included in the category of normative legal research. Data analysis in this type of normative legal research will use qualitative descriptive techniques. The results of this study provide an understanding of state-owned land disputes through the state administrative court. This study concludes that the implementation of the provisions of the Supreme Court Regulation Number 2 of 2016 concerning Guidelines for Proceeding in Disputes on Determining Development Locations for the Public Interest at the State Administrative Court is not effective in providing legal protection for the rights of citizens who are disadvantaged from the determination of development locations for the public interest By the Governor.
Powers of the President as Chief Executive in Determining the Number of State Ministries Based on the 1945 Constitution Mustomi, Otom; Siregar, Hamdan Azhar
JHSS (JOURNAL OF HUMANITIES AND SOCIAL STUDIES) Vol 7, No 2 (2023): JHSS (Journal of Humanities and Social Studies)
Publisher : UNIVERSITAS PAKUAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33751/jhss.v7i2.7628

Abstract

Powers of the President as Chief Executive in Determining the Number of State Ministries According to the 1945 Constitution. With the amendments to the 1945 Constitution, the President and his partner, namely the Vice President, are directly elected by the people. And the pair that gets the most votes will be sworn in as President and Vice President. Thus began a new chapter in a government led by the President and Vice President. In addition to the President being assisted by the Vice President, based on article 17 paragraph (1) of the 1945 Constitution "The President is assisted by state ministers.". Whereas paragraph (2) based on the first amendment to the 1945 Constitution contains "Ministers are appointed and dismissed by the President" which is actually the same as the contents of the 1945 Constitution before the amendment. The only difference is the word "dismissed" with the change to "dismissed." Then in paragraph (3) of the 1945 Constitution before the change, the contents were "Those ministers lead government departments" were changed to "Each minister is in charge of certain affairs in government." That the article meant that only ministers were in charge of certain affairs/certain tasks. In addition, there is the addition of one paragraph to the third amendment to the 1945 Constitution, namely paragraph (4) which contains "The formation, change and dissolution of state ministries is regulated in law." This is intended to form new departments and dissolve departments that need to be regulated by law so that it is not too easy to dissolve them. Based on the addition of paragraph (4) in the third amendment to article 17 LJIJD 1945, the President is limited in terms of how to form, change and dissolve state ministries. If the state ministries are regulated in law, this will limit the prerogative of the President as the head of the executive power in determining the state ministries, where apart from having the right to determine the ministers who lead the departments, the President also has the right to determine the departments
Reimagining Islamic Justice: Unveiling Civic Perceptions of The Religious Court in Urban Bogor Mustomi, Otom; Faqih, Achmad
Jurnal Ilmiah Mahasiswa Raushan Fikr Vol 14 No 1 (2025): Jurnal Ilmiah Mahasiswa Raushan Fikr
Publisher : Lembaga Kajian dan Pemberdayaan Mahasiswa UIN Prof. KH. Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jimrf.v14i1.13303

Abstract

Justice is a core principle in Islamic law, aimed at ensuring balance and legal certainty. This study explores public perceptions of Islamic justice in Bogor City using library research and empirical methods, including interviews and surveys. It examines how justice is interpreted and what sociocultural factors influence these views. Findings show that justice is rooted in the Qur’an, Hadith, and classical scholarship. However, interpretations vary depending on education, social background, and familiarity with national law. Some view justice through Islamic moral values, while others see it within state legal frameworks. This divergence reveals a cognitive and normative gap in understanding Islamic justice. The study highlights the need for legal literacy, integrated religious education, and inclusive policy. It encourages collaboration among scholars, legal experts, and policymakers to promote a more coherent and accessible understanding of justice that reflects both religious teachings and modern societal needs
Legal Protection for Consumers in Electronic Transactions E-Commerce Shopee Fawwaz, Shafira Mufiidah; Mustomi, Otom
Al Mashaadir : Jurnal Ilmu Syariah Vol. 6 No. 1 (2025)
Publisher : STIS Ummul Ayman, Meureudu, Pidie Jaya, Aceh, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52029/jis.v6i1.349

Abstract

The rapid development of digital has driven the growth of electronic transactions through e-commerce platforms, one of which is Shopee. This platform offers convenience and speed in online buying and selling. However, behind this convenience, there is a potential risk of loss for consumers, such as goods that are not in accordance, late delivery, to fraud by sellers. This raises the issue of the extent of legal protection provided to consumers in electronic transactions on the Shopee platform. This study aims to examine the form of legal protection for consumers in electronic transactions on Shopee and how the dispute resolution mechanism is in legal protection for consumers in Shopee E-commerce transactions and How the Principles of Islamic Law Legal Protection for Consumers in Shopee E-Commerce Transactions. This study uses a normative juridical method, with a statutory approach and literature studies as the main data sources. The analysis was carried out qualitatively by examining laws and regulations, Shopee policies, and case studies related to consumer protection. The results of the study show that Shopee has implemented several consumer protection mechanisms such as an escrow system, a refund service, and a complaint channel. However, there are still shortcomings in the implementation of consumer rights, especially in terms of information transparency and ineffective dispute resolution. The conclusion of this study is that legal protection for consumers in Shopee has a fairly strong basis, but its implementation is not yet optimal. Additional regulations are needed that specifically regulate e-commerce transactions and increase supervision of digital business actors.
Dimensions of Legal, Justice and Gender Equality in Education Abustan, Abustan; Siregar, Hamdan Azhar; Mustomi, Otom
AMCA Journal of Community Development Vol. 5 No. 1 (2025): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v5i1.208

Abstract

Indonesia is a country based on the rule of law. As a country, with the fourth largest population in the world, the Indonesian state must always pay attention to all citizens in it, including women. The legal dimension provides firm guidance that all human beings, without distinction between women and men, because both are social beings, were created by the Almighty to develop a very important mission as "leaders on earth". Therefore, women and men are expected to work hand in hand, work together to create a just, peaceful, happy and humane society. Of course, with efforts to promote gender-equitable education throughout Indonesia, the aspirations of the nation's founding fathers, namely advancing general welfare, educating the nation's life, and social justice can soon be realized. Writing this paper takes the subject matter related to: Law, Social, and Humanities. By prioritizing the legal dimension of truth (legal truth) in realizing justice (legal justice) for women in the education sector. The purpose of this writing is to find out the legal dimensions related to gender justice, as well as the extent to which the right to educational outcomes supports the attainment of justice. For this reason, empirical research was carried out using a sociological juridical approach.
The Covid-19 Pandemic And Its Positive Impact On The Growth Of The Digital-Based Creative Industry In Indonesia Solehudin, Rd. Heri; Budiarti, Erna; El Khuluqo, Ihsana; Haris, Abdul; Mustomi, Otom
AMCA Journal of Community Development Vol. 5 No. 1 (2025): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v5i1.350

Abstract

The COVID-19 pandemic that has spread throughout the world since early 2020 has had a major impact on various sectors, including the digital creative industry in Indonesia. This research aims to analyze the positive impact of the COVID-19 pandemic on the growth of digital-based creative industries in Indonesia. In a challenging situation, digital-based creative industries demonstrated rapid adaptation and significant innovation, capitalizing on the increasing need for digital services and home entertainment. In Indonesia, this pandemic has not only brought challenges but also new opportunities, especially for digital-based creative industries. This research aims to explore the positive impact of the COVID-19 pandemic on the growth of the digital creative industry in Indonesia. This research uses a qualitative approach. A qualitative approach is used to understand the perspectives of stakeholders and creative industry players. Participants in this research are creative industry players in several big cities in Indonesia (Jakarta, Bandung, Yogyakarta, Surabaya, and Makasar), as well as stakeholders from government, creative industry associations, and academia. Secondary data was taken from the official report of the Ministry of Tourism and Creative Economy (Kemenparekraf), the Central Statistics Agency (BPS), and other relevant annual reports. The research results show that the COVID-19 pandemic has become a catalyst for accelerating digital transformation, expanding market reach, and increasing collaboration and creativity among the creative industries. In conclusion, although the COVID-19 pandemic presents many challenges, it has also provided a significant impetus for the growth of digital-based creative industries in Indonesia, creating opportunities that have the potential to change the landscape of the creative economy in the long term.
The Economic Vibrancy of Muslims during Ramadan Haris, Abdul; Rismawati, Rismawati; Marlina, Marlina; Mustomi, Otom
AMCA Journal of Community Development Vol. 5 No. 2 (2025): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v5i2.390

Abstract

The month of Ramadan, which is a holy month for Muslims, has a significant impact on the economy in various countries with large Muslim populations. During this month, Muslims observe fasting from sunrise to sunset. These changes in routine and spiritual focus create several distinctive economic trends that recur every year. Several important aspects of economic activity in the month of Ramadan include food and beverage consumption, increased sales of food and clothing, the food service sector, changes in working hours, e-commerce, hospitality and food services, entrepreneurial innovation, etc. All of these aspects greatly influence the economy for the perpetrators. Ramadan brings complex changes in the economy from increased personal consumption to changes in social and commercial activities. Despite challenges such as reduced productivity in some sectors, this month also offers many economic opportunities, especially in retail, food and tourism. The atmosphere of the month of Ramadan seems to be the same because it is present every year, but if you examine it, there are always different phenomena. The unique phenomenon every Ramadan will bring out the creativity of business people. Several places around the world have prepared their routine agendas to welcome the holy month of Ramadan. But there are also those that are surprising. This means that business activities only occur in the month of Ramadan and will close after Ramadan is over. The economic impact on the communities and areas where entrepreneurs trade is that there is quite a large circulation of money and exchange of goods. Therefore, it is very interesting to research in more depth using qualitative methods, in order to obtain in-depth data. In fact, it is alleged that there has been an extraordinary increase as a result of the exchange and circulation of money.
Legal Protection of Intellectual Property Rights in the Field of Trademarks Registered in Indonesia Mustomi, Otom; Trisista, Ratna Galuh Manika; Haris, Abdul; Solehudin, Rd. Heri
AMCA Journal of Community Development Vol. 5 No. 1 (2025): AMCA Journal of Community Development
Publisher : AMCA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51773/ajcd.v5i1.391

Abstract

Legal protection of trademark rights in Indonesia in implementing the TRIPs agreement based on Law No. 20 of 2016 concerning Trademarks and Geographical Indications. The research aims to analyse the forms of legal protection for registered trademarks in Indonesia and how the government attempts to prevent the emergence of trademark counterfeiting. The scope of research concerns the legal protection of trademark rights in Indonesia. The research method uses normative qualitative research methods. Research results show that the significance of trademarks in discerning the origin of high-quality products becomes more pronounced. This serves to deter imitation or unauthorised utilisation of trademarks. The law is a deliberate set of rules created by society to foster orderly, safe, and peaceful living. As for the conclusion, to secure legal protection, start by applying for trademark registration. If it's discovered that the registered trademark belongs to someone else, the necessary legal step is to initiate a lawsuit to cancel the registered trademark. The development of legal protection for trademark rights is on the rise due to rapid economic growth, resulting in numerous imitations by irresponsible individuals.
Normative Review of Direct Regional Head Elections in the Perspective of Constitutional Democracy and the Principle of Shura in Islamic Law Ihsan, Muhammad; Mustomi, Otom
JURNAL AT-TURAS Vol 12, No 3 (2025)
Publisher : Universitas Nurul Jadid

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33650/at-turas.v12i3.12459

Abstract

This study aims to analyze the mechanism of leadership legitimacy in Indonesia’s direct regional head elections through the perspectives of constitutional democracy and the principle of shura in Islamic law. The critical issues underlying this research include the prevalence of money politics, weak accountability, and the limited application of deliberative values within the modern democratic system, all of which undermine the quality of leadership legitimacy at the regional level. The method employed is library research with a normative approach, utilizing primary legal sources such as Law No. 10 of 2016 on Regional Head Elections and the 1945 Constitution of the Republic of Indonesia, as well as secondary sources on democracy and shura. The analysis is conducted through a comparative and conceptual approach, systematically examining the compatibility between the principles of constitutional democracy and the teachings of shura in Islam. The findings reveal that direct regional head elections represent a manifestation of people’s sovereignty as guaranteed by the constitution, yet remain vulnerable to abuse if not safeguarded by the principles of justice, transparency, and accountability. From the perspective of Islamic law, shura emphasizes deliberation in leadership selection, prioritizing public interest and social justice. Thus, constitutional democracy in the context of regional head elections can be viewed as compatible with the principle of shura insofar as it is implemented based on the values of justice, responsibility, and integrity. This research underscores the importance of integrating constitutional democracy and Islamic values to strengthen participatory and just local governance.
Tata Kelola dengan Prinsip Amanah, Adalah, dan Maslahah: Nilai-Nilai Hukum Islam dalam Pelayanan Publik Terpadu Satu Pintu Jakarta pada Era Otonomi Daerah Muri; Mustomi, Otom
Jurnal Ilmiah Mahasiswa Raushan Fikr Vol 14 No 2 (2025): Jurnal Ilmiah Mahasiswa Raushan Fikr
Publisher : Lembaga Kajian dan Pemberdayaan Mahasiswa UIN Prof. KH. Saifuddin Zuhri Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/jimrf.v14i2.15159

Abstract

This study explores the implementation of the One-Stop Integrated Service (Pelayanan Terpadu Satu Pintu, PTSP) within the framework of regional autonomy, focusing on DKI Jakarta as both the administrative center and economic hub of Indonesia. Using a qualitative, library-based approach, the research examines the integration of Islamic legal principles—amanah (trustworthiness), adalah (justice), and maslahah (public benefit)—as normative and practical guidelines for governance. Findings show that these values reinforce good governance: amanah promotes honesty and accountability in the exercise of authority; adalah requires fairness and non-discrimination in service delivery; and maslahah directs policy toward collective welfare and harm prevention. The study concludes that embedding Islamic principles in PTSP governance enhances transparency, accountability, and equity, aligning administrative reform with the ethical imperatives of Islamic jurisprudence. Thus, PTSP can serve as a model that bridges legal, managerial, and moral-spiritual dimensions of public service.