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All Journal Masalah-Masalah Hukum Jurnal Ilmiah Penegakan Hukum DIDAKTIKA : Jurnal Kependidikan Pena Justisia: Media Komunikasi dan Kajian Hukum ARBITER: Jurnal Ilmiah Magister Hukum Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Pelita Masyarakat JUNCTO: Jurnal Ilmiah Hukum Jurnal Pengabdian Masyarakat (ABDIRA) Journal of Public Representative and Society Provision International Asia Of Law and Money Laundering (IAML) Legalpreneur Journal SASI
Maswandi Maswandi, Maswandi
Universitas Medan Area
Religion Aerospace Engineering Humanities Computer Science & IT Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Nursing Physics Public Health Social Sciences Other

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State and Fiqh: Examination of the Legal Status of Divorce in Verstek Decision Number 2939/Pdt.G/2023/PA.Mdn Maswandi, Maswandi; Frensh, Wenggedes; Siregar, Fitri Yanni Dewi; Hidayani, Sri
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 1 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i1.8722

Abstract

This research is grounded in Decision Number: 2939/Pdt.G/2023, wherein the presiding magistrate rendered a verdict of Verstek in his consideration of the case. In such cases, the decision is rendered by the court in the absence of either the defendant or their legal representative. The validity of a verstek verdict in the context of the legitimacy of a marriage may be contingent upon the applicable legislation within the jurisdiction in question; thus, this investigation will consider both positive law and Islamic law. The objective of this article is to undertake a critical analysis of the decision rendered in Decision Number: 2939/Pdt.G/2023, which pertains to the use of a verstek decision to terminate a marriage due to childlessness, followed by disputes and quarrels. This research is a normative legal study with a case-based approach. The principal data source is derived from court decisions in the field of marriage law. The analysis reveals that, in Decision Number: 2939/Pdt.G/2023, a verdict of divorce by verstek is considered valid if the stipulated procedures have been followed correctly and the party who is required to be present or provide a defence does not do so without a valid reason. Islamic law also establishes principles of justice and protection of individual rights, including in the marriage process. Accordingly, the legitimacy of a marriage concluded through a verstek verdict may be contingent upon the interpretation of Islamic schools of thought and the legal principles that are embraced. Likewise, in the context of marriage law in Indonesia, a verstek decision in a verstek divorce case can be recognized as valid if it has fulfilled the requirements stipulated in the law. Thus, to determine whether a verstek decision in a marriage is valid or not, it is necessary to consider the applicable legal context, both in terms of civil law and in terms of Islamic law (fiqh) or the applicable marriage law.
Advocate Immunity Is Active When Integrity In The Exercise Of The Profession Jamillah, Jamillah; Maswandi, Maswandi
Legalpreneur Journal Volume 2, No. 1 October 2023
Publisher : Universitas Dharmawangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46576/lpj.v2i1.3722

Abstract

n the practice of law enforcement, many advocates who abuse the right of immunity of this profession and similarly in contrast, many other law enforcers do not understand the rightof Advocate immunity. This right of immunity will be strong if an advocate carries out hisprofession in line with his integrity. The results concluded that the application of the rightof immunity is successful if between law enforcement agencies work in accordance with thedignity of the law and each legal actor maintains professionalism according to the code ofethics and adheres to the principle of good faith to uphold the law and justice to benefit thewider community and the right of immunityKeywords: Immunity, Law, Integrity
RESTORATIVE JUSTICE FORMULATION POLICY IN THE JUVENILE CRIMINAL JUSTICE SYSTEM IN INDONESIA Maswandi, Maswandi; Ingratubun, Fitriyah; Ingratubun, Junaidi Abdullah
Masalah-Masalah Hukum Vol 52, No 2 (2023): MASALAH-MASALAH HUKUM
Publisher : Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/mmh.52.2.2023.187-196

Abstract

The aim of this research is to understand and evaluate restorative justice formulation policies in the juvenile criminal justice system in Indonesia. The judicial normative method is employed in this research approach. It can be concluded that in order to achieve restorative justice for every child, to create a balance between the interests of the perpetrator and the victim, and to also pay attention to the impact settlement of criminal cases so that they can live, grow, and develop, it is necessary to pay attention to how these provisions can be implemented in society, not just in the formulation of all laws and regulations.
CIVIL LAW AND CRIMINAL LAW ASPECTS OF HOAX NEWS IN ELECTRONIC MEDIA rafiqi, rafiqi; maswandi, maswandi; marsella, marsella
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 22 No. 2 (2023): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v22i2.3909

Abstract

The advancement of information technology (internet) and allforms of benefits in it brings its own negative consequences whichare increasingly troubling the community. The abuse that occursin this cyber space is what is then known as cyber crime orInformation Technology and Electronic other regulators use theterm computer crime. The formulation of the problem in this studyis how the aspects of Civil Law and Criminal Law of Hoax newsElectronic Media How Efforts in Identifying the Spread of Fake /Hoax News as a Form of Cyber Crime in Indonesia. The researchmethod in this writing uses Normative Juridical, the nature of thisresearch is prescriptive research. The results of the discussion inthis study are aspects of civil law and criminal law ElectronicMedia Hoax News In Article 1372 of the Civil Code states thatcivil suits regarding defamation are aimed at obtainingcompensation and restoration of honor and good name. Themeasure used to determine whether a person's actions haveoffended honor is very broad. The difference between the regulationof fake news in Law Number 1 of 1946 concerning Criminal LawRegulations and the regulation of fake news regulated in LawNumber 11 of 2008 and Law Number 19 of 2016 concerningInformation and Electronic Transactions is that Articles 14 and15 do not mention what kind of fake news, while the Informationand Technology Law is more detailed in mentioning fake news inthe context of electronic transactions and speech that causeshatred. Efforts to Identify the Spread of Hoaxes as a Form of CyberCrime in Indonesia The Chairperson of the Indonesian Anti-HoaxSociety, Septiaji Eko Nugroho provides 5 simple steps that can helpin identifying hoaxes and which are real news, the followingexplanation Be careful with provocative titles, Look at the siteaddress, Check the facts, Check the authenticity of photosParticipate in anti-hoax discussion groups.I. IntroductionThe advancement of internet technology has led to new
Islamic criminal law: A Comparison Of its Application in Indonesia and Other Countries Maswandi, Maswandi; Jamillah, Jamillah; Duha, Junindra
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 1 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i1.4213

Abstract

The crucial issue in grounding Islamic criminal law is that there are still many Islamic criminal law terms that use Arabic terms and Arabic backgrounds, so that Islamic criminal law is only considered to fit the Arabic context. And in Islamic law criminal law is called jinayah which is defined as actions prohibited by shara' which are threatened by Allah SWT with jarimah (punishment) hudud, qishas and diat or ta'zir, in other words, doing or not doing is only considered a criminal offense if a penalty has been determined and threatened against it. The type of research used is qualitative research with comparative descriptive method. The data collection technique in this research is the literature method, which traces the existing literature and carefully examines the data related to the issues discussed. The results of this study are the criminal laws of Indonesia, Malaysia and Brunei Darussalam as regulated in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013 have similarities and differences in terms of determining a criminal act of adultery. When viewed in terms of the definition of adultery in Qanun No. 14 of 2003 on Khalwat (Mesum), Enakmen Jenayah Syari'ah Selangor Number 9 of 1995 and Kanun Jenayah Syari'ah Brunei Darussalam 2013, both are not contrary to the provisions of jinayah fiqh. All three have similarities in determining the elements of a criminal act of adultery, namely the element without a legal marriage bond is one of the elements that determine an act of adultery, because if the relationship is based on a legal marriage then automatically the conditions in a marriage have been fulfilled and the relationship is a permissible act
Co-Authors ARDIANSYAH ARDIANSYAH Arifin, Syasyain Beby Suryani Fithri Desen, Kana Duha, Junindra Frensh, Wenggedes Hasbullah Hasbullah Hidayani, Sri Ingratubun, Fitriyah Isnaini Isnaini Jamillah Jamillah, Jamillah JUMARDI Junaidi Abdullah Ingratubun khadapi, rio Marsella, Marsella Panjaitan, Lola Purba, Jeni Indriani Qushaery, Ahmad Rafiqi Rafiqi, Rafiqi Riswan Munthe, Riswan Samsul Samsul Siregar, Fitri Yanni Dewi Sitepu, Fadel Sitompul, Ariman Sitorus, Nanang Tomi Suryani Hardjo, Suryani Tarigan, Indra Jaya Sakti Utama Nst, Amrin Mulia Zulyadi, Rizkan