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Existence of Fatwa of the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) No. 108/DSN-MUI/X/2016 Concerning Guidelines for Organizing Tourism Based on Sharia Principles: Between Spiritual and Regulatory Novea Elysa Wardhani
Journal of Social Research Vol. 2 No. 9 (2023): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v2i9.1373

Abstract

The halal tourism industry, a significant sector in Indonesia, hinges on a harmonious blend of sharia principles and national legislation. This dual regulatory framework plays a pivotal role in ensuring the industry's robust growth while adhering to cultural values and legal safeguards. Sharia law, represented by fatwas (Islamic rulings), is a foundational element in halal tourism. These principles encompass various aspects, such as halal food, modest dress codes, and ethical behavior, aligning with the cultural and religious expectations of Muslim travelers. To fortify this alignment with the legal structure, it's crucial to integrate these fatwas into positive law, the national legal framework. This integration achieves several vital objectives. First, it establishes a legal foundation for the halal tourism industry, giving it a solid footing within the broader legal context of the country. Second, it enhances transparency, ensuring that halal tourism operators and tourists alike understand the rules and expectations, thereby fostering trust and credibility. Third, it ensures that the industry remains compliant with both Sharia values and national regulations, leading to a more sustainable and inclusive sector. The ultimate goal is to create a halal tourism industry that not only caters to the needs of Muslim travelers but also upholds legal standards, protects consumer rights and contributes positively to the nation's economy and cultural heritage. By synergizing Sharia principles with national legislation, Indonesia can pave the way for a dynamic and legally secure halal tourism industry that benefits both its people and its image on the global stage.
The Legal Force Of Interfaith Marriage In Indonesia Novea Elysa Wardhani
Journal Of Social Science (JoSS) Vol 2 No 9 (2023): JOSS : Journal of Social Science
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/joss.v2i9.121

Abstract

religions to obtain legality, but the existence of the life of a pair of people of different religions as husband and wife is a reality that cannot be denied in fact, many couples want to live together as husband and wife but are constrained to different religions or beliefs. Some choose a way of life to be together without marriage ties or "cohabitation" while still maintaining their respective religions and beliefs. This situation is still allowed to exist without a solution or their behavior is considered as community waste which must be approached with a controlling approach. Then what about the consequences of their relationship that are not protected by the laws in force in this country, such as the existence of offspring that are born, the assets that are generated, and other rights? This problem will not be a solution if the marriage of interfaith couples is not registered by the authorized institution.
A Legal Perspective on the Antecedents of Consumer Protection in Digital Financial Services Wardhani, Novea Elysa
Shirkah: Journal of Economics and Business Vol 9, No 1 (2024)
Publisher : IAIN Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22515/shirkah.v9i1.667

Abstract

This research delves into the factors influencing consumer protection within the context of digital financial services, with a focus on the regulatory landscape, technology integration, consumer awareness, and data privacy. The primary objective is to analyze the impact of these factors on the improvement of consumer rights and safety. A quantitative approach was employed, utilizing data collected through surveys of digital financial service users. Confirmatory factor analysis was used to validate the measurement model, followed by structural equation modelling to test the hypotheses. The results demonstrate the significant and positive impact of the regulatory landscape, technology integration, consumer awareness, and data privacy on consumer protection. This study theoretically contributes by empirically confirming the role of these factors in consumer protection in digital financial services. From a practical standpoint, it underscores the importance of robust regulations, seamless technology integration, and effective consumer awareness initiatives in upholding consumer rights and safety. However, it is important to acknowledge certain limitations within this study. Its context-specific nature may restrict its generalizability to other regions, and the analysis primarily focuses on antecedent factors while neglecting potential influences from other variables. Nevertheless, this study's novelty lies in its comprehensive exploration of the foundational factors and their profound impact on consumer protection in the digital financial services landscape, furnishing valuable insights for informed policymaking and industry practices.
Dayak Ngaju Customary Law's Criminal Sanctions Agains Adultery in Palangka Raya Wardhani, Novea Elysa; Kirstanto, Kiki; Januardy, Ivans; Putri, Anggelia Widya
Media Syari'ah : Wahana Kajian Hukum Islam dan Pranata Sosial Vol 26, No 1 (2024)
Publisher : Sharia and Law Faculty

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/jms.v26i1.19603

Abstract

The law in each society has its own style and nature. Customary law is a law that always grows from a real need for life and a way of life in society, which is the whole culture of the community where customary law applies. Customary law if violated will certainly be subject to sanctions. Customary law in Palangka Raya against perpetrators of adultery will be punished in the form of sanctions, namely by paying a singer or jipen fine to complete peace according to Dayak Ngaju custom. Based on the facts in the field, if a criminal act of adultery is committed by a wife with an unmarried man against her husband, it certainly raises questions about Damang's authority as Dayak Traditional Chairman so that it can be known and understood that what are the legal acts in the settlement of adultery committed by the perpetrator. 
Perjanjian Kawin Dalam Perkara Sengketa Waris (Analisis Terhadap Putusan Nomor 21/Pdt.G/2022/PN Plk) Novea Elysa Wardhani; Sudiarti, Elin; Claudia Yuni Pramitha
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2247

Abstract

Marriage is a form of permanent relationship, which is carried out by a man and a woman, recognized as legitimate by the community concerned based on the applicable marriage regulations. Before entering into a marriage, the prospective husband and prospective wife can make a marriage agreement, which regulates the assets obtained before marriage, as well as the assets obtained after marriage. The assets obtained after marriage are related to the inheritance rights given to the heirs in the marriage. Indeed, the marriage agreement made must not conflict with the applicable positive law. If the marriage agreement is made not in accordance with the provisions of positive law, then the marriage agreement has no legal force if in the future there is a dispute between the parties related to the marriage.
Regulasi Penggunaan Artificial Intelligence dalam Perizinan UMKM di Kalimantan Tengah Kencana, Novanita Puspa; Wardhani, Novea Elysa; Hayati, Mulida
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 7 No. 4 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/rrj.v7i4.1506

Abstract

In the era of globalization and technological advances, artificial intelligence (AI) is the main catalyst for the growth of the UMKM sector. In Central Kalimantan, UMKM have a strategic role in local economic development. However, licensing challenges, especially related to the use of AI technology, require understanding and handling relevant legal issues. The purpose of this study is to determine the legal rules for the use of AI in licensing UMKM in Central Kalimantan and to determine the roles and responsibilities of relevant government agencies in supporting the integration of AI technology in UMKM through licensing regulations. Legal certainty is one of the basic principles in law that emphasizes the importance of clear, definite, and predictable laws. In the context of UMKM licensing regulations, this theory can be used to analyze whether existing laws and regulations provide legal certainty for UMKM actors. The following are the legal rules for the use of AI in licensing UMKM in Central Kalimantan Law Number 20 of 2008 on UMKM: regulates the definition, criteria, and rights of UMKM. Law Number 11 of 2020 on job creation (and derivatives): focus on simplifying licensing, including for UMKM. Government Regulation Number 5 of 2021 on risk-based licensing: regulates the classification of risks for licensing. Government Regulation Number 7 of 2021 concerning the ease, protection and empowerment of Cooperatives and SMEs: regulates the ease and empowerment of SMEs. Governor Regulation Number 3 of 2023 concerning the implementation of Risk-Based Business Licensing. UMKM licensing regulations in Central Kalimantan show efforts to provide convenience to small business actors. And the provision of an integrated OSS system is a form of preventive protection by simplifying licensing procedures.
Implementasi Asas Keadilan dalam Penyelesaian Sengketa Tanah di Indonesia: Implementasi Asas Keadilan dalam Penyelesaian Sengketa Tanah di Indonesia Kurniawan, Dwi Meilady; Wardhani, Novea Elysa; Hayati, Mulida
JOURNAL OF INDONESIAN COMPARATIVE OF SYARIAH LAW Vol 8 No 1 (2025): Ilmu Syariah dan Ilmu Hukum
Publisher : Journal of Indonesian Comparative of SyariÆah Law

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21111/jicl.v8i1.13913

Abstract

Penyelesaian sengketa tanah di Indonesia masih menghadapi berbagai tantangan, terutama dalam penerapan asas keadilan. Penelitian ini bertujuan untuk menganalisis implementasi asas keadilan dalam penyelesaian sengketa tanah berdasarkan pendekatan hukum normatif. Metode yang digunakan adalah penelitian hukum normatif dengan pendekatan perundang-undangan (statute approach) dan pendekatan kasus (case study approach). Sumber data yang digunakan terdiri dari regulasi terkait pertanahan, putusan pengadilan, serta doktrin hukum mengenai keadilan dalam penyelesaian sengketa tanah. Hasil penelitian menunjukkan bahwa ketimpangan akses terhadap keadilan, kompleksitas birokrasi, serta lemahnya penegakan hukum menjadi hambatan utama dalam penerapan asas keadilan. Undang-Undang Pokok Agraria (UUPA) No. 5 Tahun 1960, PP No. 24 Tahun 1997 tentang Pendaftaran Tanah, serta UU No. 30 Tahun 1999 tentang Arbitrase dan Alternatif Penyelesaian Sengketa masih menghadapi berbagai kendala dalam implementasinya. Oleh karena itu, diperlukan reformasi regulasi, digitalisasi administrasi pertanahan, serta penguatan penyelesaian sengketa non-litigasi guna memastikan sistem hukum pertanahan yang lebih adil dan efisien.
Katingan regency regional government synergy in mitigating forest and land fires Budiono, Teguh; Kristanto, Kiki; Wardhani, Novea Elysa
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.6107

Abstract

Forest and land fires (karhutla) in Katingan Regency, Central Kalimantan, are a serious issue that occurs almost every year, particularly in peatland areas. Karhutla not only causes ecological damage, such as ecosystem degradation and loss of biodiversity, but also has social and economic impacts, including health problems caused by haze, economic losses, and increased carbon emissions that accelerate global warming. Peatland areas are of particular concern due to their large carbon reserves, which, when burned, release significant emissions. The issue addressed in this study is the effectiveness of the synergy between Katingan  regency Local Government in forest and land fire mitigation, which still faces challenges, particularly in coordination between central and local governments, budget constraints, and suboptimal resources in fire control in vulnerable areas such as Katingan. This study evaluates the synergy between local governments, communities, and stakeholders in mitigating karhutla using a juridical-empirical approach. Although various policies have been implemented, such as regional regulations and the construction of canal blocks, their implementation faces challenges, including geographical factors, limited budgets, a lack of trained human resources, and weak law enforcement. The findings of this research indicate that the mitigation of forest and land fires in Katingan  regency is still constrained by limited resources and coordination, hence stronger synergy among stakeholders is required. Hence, a more integrated approach and collaboration among all parties are needed to develop effective mitigation strategies, preserve ecosystem sustainability, and support the achievement of Sustainable Development Goals (SDGs).
Mitigation of land-related crimes by the integrated team for the prevention and eradication of land mafia in Palangka Raya Sosanta, Theo Onesiforus; Wardhani, Novea Elysa; Kristanto, Kiki
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.6168

Abstract

The mitigation of land-related crimes in Palangka Raya has become a serious challenge due to the increasing prevalence of land mafia practices, which harm the public and hinder legal certainty. To address this issue, the government established the Integrated Team for the Prevention and Eradication of Land Mafia, consisting of various agencies, including the police, the prosecutor's office, the National Land Agency (BPN), and local government authorities. This team plays a crucial role in preventing, uncovering, and taking action against various land mafia schemes, such as document forgery, land encroachment, and illegal land transactions. This study aims to analyze the effectiveness of the integrated team's efforts in handling land-related crimes and to identify the challenges faced in policy implementation. Using an empirical approach, the study finds that although the integrated team has successfully uncovered several land-related cases, various challenges remain, including limited inter-agency coordination, weak law enforcement, and a lack of public awareness regarding their legal rights to land. Data was collected through interviews, direct observation, and documentation studies. Therefore, a more comprehensive strategy is needed, including regulatory strengthening, capacity-building for law enforcement officers, and public education, to create a transparent and equitable land governance system in Palangka Raya.
Legal review of artificial intelligence-based autopilot electric vehicles in Indonesia Kusuma, Brata; Wardhani, Novea Elysa; Kristanto, Kiki
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.6169

Abstract

The rise of electric vehicles using AI technology and Autopilot mode has potential benefits and issues in Indonesia's transportation system. These cars are more energy efficient and safe to drive. Yet, the legality of autonomous electric cars is still unclear due to lacking regulations. This article explores the legal concerns of AI-driven electric vehicles, such as safety standards, liability in accidents, and data privacy. This study employs a normative legal research method with legislative and conceptual approaches to analyze various applicable regulations, such as Law Number 22 of 2009 concerning Traffic and Road Transportation and Presidential Regulation Number 55 of 2019 concerning Battery-Based Electric Vehicles. The research findings indicate that despite some rules that can serve as a basis for regulation, there are still legal loopholes that need to be addressed promptly. The government needs to formulate specific regulations covering safety aspects, feasibility tests, and mechanisms of legal responsibility in accidents involving autonomous vehicles. Additionally, user data protection must be reinforced to prevent the misuse of information collected by AI systems. In conclusion, strict regulations are needed to ensure that technological advancements can move forward while safeguarding safety and legal certainty for the public. This research encourages new regulations governing security aspects, legal responsibility, and data protection in AI-based autopilot electric vehicles to address legal gaps in the Road Traffic and Transport Law (LLAJ) and the Electronic Information and Transactions Law (ITE).