Muhammad Johansyah Maulana
Universitas Muhammadiyah Surakarta

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Juridical Review of Digisexual Activities in Limited Cyberspace: Reviewed from Positive Law in Indonesia Novia Indah Prasetyowati; Danang Sugihardana; Muhammad Johansyah Maulana; Feri Budi Lestanto; Sekar Diah Ayu Almira; R Rizka
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The advancement of technology has resulted in various products to fulfill human sexual needs, ranging from sex toys, sex dolls, to vibrators. However, not only that, technology has also spurred the emergence of various dating applications catering to diverse sexual orientations through smartphones. This research also highlights the importance of public education, law enforcement, regulation, collaboration with the technology industry, further research, and support for victims. Practical implications and policy recommendations are presented to assist society in protecting themselves from the risks and negative impacts of digital sexual practices in the digital era. This study employs a legal approach focusing on norms and literature research methods to analyze the focal aspects of the research. The normative legal approach is utilized to analyze and comprehend all legal regulations related to the research topic. In Indonesia, the regulation of these activities from a positive legal perspective is still under development, largely due to the unique characteristics of digital media and its rapid evolution. The social impacts arising from digisexual activities entail fundamental changes in how individuals interact and experience sexuality. The absence of explicit regulations addressing digisexuality poses a significant challenge within the legal framework in Indonesia. The phenomenon of digisexuality, closely linked with the use of digital technology in the realm of sexuality, has yet to receive specific regulatory treatment at the national level.
Analysis of Legal Reasoning of Judge's Ruling Number 0124/PDT.P/2019/PA.SAL Concerning Pre-Marriage Pregnancy Marriage from An Islamic Legal Perspective Muhammad Johansyah Maulana; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Marriage age is the most crucial element in the household. The age limit for Indonesian citizens is principally intended so that anyone who marries has a mature mind, a mature soul and sufficient physical strength, so that the potential for marital breakdown which leads to divorce can be avoided because they have a mature understanding and awareness regarding the purpose of marriage. which focuses on aspects of inner and outer happiness. This research uses a type of normative legal research by examining regulatory aspects regarding the concept of implementing legal protection for marriage in Decision 0124/Pdt.p/2019/PA.Sal and Law Number 16 of 2019. The judge's reasons for granting marriage dispensation by the applicant are by considering the goodness or the benefit of the people, the benefit of the child being conceived by the bride who is currently 4 months pregnant. Granting the reason for marriage dispensation must be prioritized because it is feared that it will cause greater damage. These reasons are considered by the judge in granting the request for marriage dispensation in the Compilation of Islamic Law in Indonesia which is set out in Keppers No. 1 of 1991 and Decree of the Minister of Religion No. 154/1991 stipulates that a woman who becomes pregnant outside of marriage can only be married to the man who impregnated the woman. This kind of marriage can be carried out directly without waiting for the birth of the baby the woman is carrying and there is no need for remarriage (tajdidun nikah).