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All Journal FITRAH:Jurnal Kajian Ilmu-ilmu Keislaman Jurnal Al Himayah Journal of Law Science Akademika Prophetic Law Review Wisanggeni : Jurnal Pengabdian Masyarakat Al Hikmah : Jurnal Studi Keislaman Volksgeist: Jurnal Ilmu Hukum dan Konstitusi At-Tuhfah : Jurnal Studi Keislaman Al Hakam: The Indonesian Journal of Islamic Family Law and Gender Issues Al Hikmah: Indonesian Journal of Early Childhood Islamic Education JURALINUS Journal of Shariah Economics

Fira Mubayyinah

Universitas Nahdlatul Ulama Indonesia

Author-ID : 7019001

Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Hukum Dan Pertanggung Jawaban Korporasi Dalam Perspektif Hukum Fira Mubayyinah
Jurnal Al Himayah Vol. 5 No. 1 (2021): Al Himayah
Publisher : Jurnal Al Himayah

Show Abstract | Download Original | Original Source | Check in Google Scholar

Perkembangan ilmu pengetahuan dan teknologi membawa dampak postif maupun negative bagi kehidipan berbangsa dan bernegara. Dampak positif dari perkembangan ilmu pengetahuan dan teknologi bagi kehidupan berbangsa dan bernegara apabila kita dapat memanfaatkan ilmu pengetahuan dan teknologi itu untuk kesejahteraan masyarakat, bahkkan sebaliknya dapat menyengsarakan masyarakat. Bentuk-bentuk kejahatan korporasi berada dalam ruang lingkup “administrative penal law”, sekalipun kadang-kadang pidananya cukup berat, maka ada kecenderungan untuk lebih menggunakan asas subsidiaritas, yakni hukum pidana ditempatkan pada posisi sebagai “Ultimum Remedium” dan sanksi administrative dan perdata banyak diterapkan. Korporasi secara normative telah diberikan perumusan dalam perbagai perundang-undangan diluar KUHP yang pada intinya menentukan bahwa korporasi adalah kumpulan terorganisasi dari orang dan/atau kekayaan baik merupakan badan hukum maupun bukan badan hukum. Perumusan ini juga telah dimuat dalam pasal 189 RUU-KUHPPdana pokok yang dapat dijatuhkan terhadap korporasi adalah pidana denda. Sedangkan pidana tambahan yang dijatuhkan terhadap korporasi sesuai yang diatur dalam peraturan perundang-undangan

PROBLEMATIKA PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 46/PUU-VIII/2010 TENTANG STATUS ANAK DI LUAR PERKAWINAN Fira Mubayyinah
Al Hikmah: Jurnal Studi Keislaman Vol. 4 No. 1 (2014): AL HIKMAH
Publisher : LPPM Institut Agama Islam Al-Hikmah Tuban

That the decision of the Constitutional Court Number 46 / PUU-VII / 2010 regarding the judicial review of Law No. 1 of 1974 on Marriage contains the values of progressivism and would likely result in many possible issues in the future. Such values are contained in the legal interpretations made by the judges of the Constitutional Court in making a decision on the petition for the marriage law. The Constitutional Court did not simply decide it through positive law considerations, but through living laws in the community and legal norms even legal principles in order to create justice for the position of children born outside of marriage. The progressivism adopted by the Constitutional Court in its ruling on judicial review of Article 43 paragraph (1) Marriage Law No. 1 / 1974 results in the implications that drew criticism from the public. But the decision was the starting point in the protection of children born outside of marriage to have equal rights as other children. In the Constitutional Court's decision, the child will get a recognition in so far as he /she tries to prove it. The implication in this case is that there must be affirmative recognition of children out outside of marriage in the population administration. But the domino effect will continue with other children rights consequences when the recognition is applied. For example, the rights of inheritance and the ones of fulfilling the well-being of the child. For that reason, progressivism carried out by the Constitutional Court which is a form of protection for children born outside of marriage is still in need of regulations and restrictions on the implementation of the regulations.

MEMOTRET PENEGAKAN HUKUM DI INDONESIA Fira Mubayyinah
Al Hikmah: Jurnal Studi Keislaman Vol. 6 No. 1 (2016): AL HIKMAH
Publisher : LPPM Institut Agama Islam Al-Hikmah Tuban

Indonesia is a state law. This is clearly contained in the state constitution, namely article 1, paragraph (3) of the Constitution of the Republic of Indonesia Year 1945. Explanation of the Constitution of the Republic of Indonesia Year 1945 further mentioned State Indonesia based on the law (rechstaat), not by power sheer (machtsstaat). As a country which proclaimed itself as a country of law, then all aspects of national life must be based on law. The emergence of dual obligation is related to several articles, namely: (a). Article 2, paragraph (1), which puts the Attorney as government agencies which implies that the prosecutor's office is an agency under the executive, but the authority to implement state power in the prosecution of running the judiciary; and (b). Article 19 paragraph (2) and Article 22 of the Attorney General is appointed, dismissed and responsible to the president, it is structurally under the executive judiciary but functionally is that in carrying out its functions should remain in line with the government-run legal politics.

PUTUSAN ARBITRASE DALAM PENYELESAIAN SENGKETA PARA PIHAK Fira Mubayyinah
Al Hikmah: Jurnal Studi Keislaman Vol. 6 No. 2 (2016): AL HIKMAH
Publisher : LPPM Institut Agama Islam Al-Hikmah Tuban

The court as a means of dispute resolution, most known, but among business will always strive to be avoided by many, due process and the relatively long period of time and protracted due to there are multiple levels in the hierarchy of the courts which have to be passed. In addition it is also because the identity of the parties to the dispute will be known by the public, because the principle of the hearings of the judiciary is, in principle, open to the public. For those who already have a name in the business world, does not want his identity known to the public because the case in court, this was due to worry big name kebonafiditasnya are always protected and preserved will be tarnished, especially among business associates, in addition also for justice that exist in Indonesia today are considered less able to meet the sense of justice in society. Therefore based on the background of the above, to be revealed in this study is whether the Arbitral as an alternative dispute resolution already has a legal binding for the parties to the dispute and shall be final. Arbitral always dependent on technical capabilities Arbiter to give a satisfactory decision and in accordance with the sense of justice of the parties. May not be suitable for the demands made up of various parties. Need to get a court order to do so, when there are parties, especially the losers do not want to implement the Arbitration Award, and (6). Final and binding principles that are attached to the Arbitral not absolutely true, in other words still open a few remedies that can be done to deny an Arbitration Award. Inconsistency of the Arbitral besides a problem, but also make the barriers and obstacles on the level of practice, especially in terms of the execution of an Arbitration Award.

PERBANDINGAN SISTEM HUKUM PEMBUKTIAN DALAM PENANGANAN PERKARA TINDAK KORUPSI DENGAN PERKARA TINDAK PIDANA LAINNYA Fira Mubayyinah
Al Hikmah: Jurnal Studi Keislaman Vol. 7 No. 1 (2017): AL HIKMAH
Publisher : LPPM Institut Agama Islam Al-Hikmah Tuban

Proof is one of a series conducted in the court process to seek the truth, proving a guideline in ways that justified the law remedy prove whether the defendant's right or wrong, Proof is also a provision governing evidence which justified the law and may be used to prove mistakes indicted judges (M. Yahya Harahap) KUHAP we have set in Article 183 "The judge must not convict someone unless at least two valid evidence he gained confidence that a crime actually occurred and that the defendant is guilty of doing it". From this article it can be seen that the judge's decision should be based on two (2) things: 1. A minimum of two items of evidence 2. From the evidence that judges gain confidence that the defendant is guilty of a criminal act. Becomes important we know the proof is in the general criminal law in this regard set out in the Criminal Code and specific criminal.

Revocation Of Re-Elected Rights For Corruptor In Public Offices Without Time Limitation The Progressive Law Perspective Fira Mubayyinah
FITRAH: Jurnal Kajian Ilmu-ilmu Keislaman Vol 5, No 2 (2019): 11 Articles, Pages 181-386
Publisher : IAIN Padangsidimpuan

The problem of corruption has always been a public discussion, not only because of its consequences. But also because the perpetrators of corruption that they caught were from political parties. And it tends to be after they go through the criminal period, re-enter the area of policy holders or authority through political channels again. Additional criminal imposition of revocation of political rights for the corutor is stated in the Decision of the Supreme Court Number: 537k / Pid.Sus / 2014, and Number 1195K / Pid.Sus / 2014. The application is not limited to the period as stipulated in article 38 of the Criminal Code. Revocation of political rights on the one hand is considered contrary to human rights, but revocation of political rights becomes an important punishment imposed, considering that the perpetrators of corruption do not come from political parties. The application of criminal acts is a means of reason to prevent criminal acts. Revocation of political rights which is still debated can have an impact on its implementation. Therefore, in its implementation, of course requires a Law Enforcement Officer who has a step of thinking and progressive steps. Penal punishment is the authority of the Judge. Judges in imposing crimes should rely on the principle of substantive justice and are intended to provide protection to society (social deffence)

Pembagian Peran Suami Istri di Desa Sidodadi Bangilan Kabupaten Tuban Perspektif Gender dan Hukum Islam Arina Fiddaroini .; Fathonah K. Daud; Fira Mubayyinah
Akademika Vol 16, No 2 (2022): Akademika
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/adk.v16i2.939

This study discusses the division of husband and wife roles in the family in Sidodadi Village, Bangilan District, Tuban Regency. This study aims to understand the division of husband and wife roles in the family in Sidodadi Village, Bangilan District, Tuban Regency and to understaand the overview of gender equality and Islamic law on the division of husband and wife roles in the family in Sidodadi Village, Bangilan District, Tuban Regency. This study uses a qualitative method, namely the author collects data from the informants and then compares the sources with each other. The results of this study indicate that the lfe of Sidodadi Bangilan Tuban village community is a traditional society. The division of roles that occurs in the family in that village is divided into two groups with different role distribution patterns where first, husband and wife take roles in the public and domestic sectors; second, husbands take on public roles and wives take on public and domestic roles. The division of husband and wife roles that occurred in Sidodadi village, Bangilan district, Tuban district partly still has gender inquality. Meanwhile, according to the point of wiew of Islamic law that there is no prohibition for the wife to work, as long as both the wife and husband fulfill their rights and obligations, Islam views it as a good thing and no one is harmed.

Keberlanjutan Virtual Criminal Court dalam Perspektif Ius Constituendum Fira Mubayyinah Mubayyinah
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 1 No 1 (2021): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v1i1.194

Abstract This research is based on the development of virtual trials during the pandemic. This paper examines and reflects and sees the urgency of the sustainability of criminal court e-court in the future. In the judiciary, the use of technology has not been maximally used for the benefit of law enforcement in serving the community. During the Covid-19 epidemic, almost all activities depended on the existence of technology, including law enforcement and services for people seeking justice. The phenomenon of virtual trial implementation during the Covid-19 pandemic provides many lessons and new awareness regarding the importance of reform in criminal justice systems. Various obstacles, both in juridical and empirical aspects, are modalities for correcting criminal justice systems in the future. This research is a normative juridical study using a statutory approach, with primary, secondary and tertiary legal materials then analyzed by descriptive analysis. The results of the study conclude that the implementation of virtual civil court during the pandemic is a form of modernization in criminal justice systems that must be continued in the future. There are at least three reasons for the sustainability of the virtual civil court, namely political, sociological and practical. These three considerations serve as the justification for the formulation of policies on the use of technology in the judiciary. Keywords : Virtual Civil Court, Ius Constituendum

GAGASAN RESTORATIVE JUSTICE SEBAGAI PENYELESAIAN TINDAK PIDANA KORUPSI: STUDI ANALISIS MAQÂṢID AL-SYARÎAH Fira Mubayyinah
Al Hakam : The Indonesian Journal of Islamic Family Law and Gender Issues Vol 2 No 1 (2022): Al Hakam
Publisher : Study Program of Islamic Family Law, Syari'ah Faculty, University of Al-Hikmah Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35896/alhakam.v2i1.289

This research begins with a discourse of thought that is currently being debated in the community, which is related to law enforcement in eradicating corruption with state financial losses under fifty million rupiah. Some people still have the belief that eradicating corruption must be carried out with repressive means and the imposition of the maximum amount of punishment. Others are concerned that the Restorative Justice approach in eradicating corruption is mitigating and not causing a deterrent effect for potential perpetrators. This discourse began to be widely discussed after the Attorney General, Burhanudin, publicly stated that the steps in law enforcement at the Prosecutor's Office in dealing with corruption cases with a state financial loss of less than fifty million rupiah should be resolved using a Restorative Justice approach. This research is focused on how Restoractive Justice is used as an approach to solving corruption cases with state financial losses under fifty million rupiah in the perspective of Maqâshid al-syarî'ah. The research method used is juridical-normative, with a statutory and conceptual approach. The results of the study indicate that the settlement of corruption cases with a Restorative Justice approach is in accordance with Maqâshid al-syarî'ah.

Analysis of family law related to divorce due to parental interference Rina Septiani; Fira Mubayyinah
Journal of Law Science Vol. 6 No. 2 (2024): April : Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v6i2.4967

This research aims to describe the form parental intervention in the child's household cause divorce and analysis of Islamic family law regarding parental intervention in household of children which causes divorce. This research is a normative-empirical type of research. This research describes and describes how parents intervene in the household children who cause divorce. This research describes and describes how parents intervene in the household children who cause divorce are then analyzed through family law This research produced two findings. First, Parental intervention in a child's household can lead to divorce. This is based on the child's mindset who still depend on parents and children who still live with other people. secondly based on family law analysis parental intervention in their child's household is not could be a reason for divorce, but this conflict triggers the birth of reasons be grounds for divorce. actually parental intervention in their child's household is permitted but first we will see how far the intervention has gone. Divorce due to parental intervention is not included in the classification of reasons for divorce, However, this problem will fall under Article 116 KHI letter (f), namely constant quarrels and no hope of getting along again.

Co-Authors Abdul Qodir Aras Prabowo, Muhammad Arina Fiddaroini . Aryani, Habsyah Fitri Erfandi AM Ersyafdi, Ilham Ramadhan Fathonah K. Daud Febri Handayani Fitri Aryani, Habsyah khusnul khotimah Lutfa, Asna Muhammad Aras Prabowo Noviyanti Noviyanti, Noviyanti Nurhidayat, Samsul Rina Septiani Sifa', Moh Agus Umam, Fuadul Yasik, Fatkhu

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