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Fauzan
Universitas Pembangunan Panca Budi
Religion Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Public Health Social Sciences Other

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Juridical Study of the Concept of Maqashid Shariah in Inheritance Law in Indonesia Ali Sam'un; Fauzan
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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Abstract

Inheritance law is an important part of Islamic law that aims to maintain justice and family welfare. This study aims to analyze the application of the concept of sharia maqashid in inheritance law in Indonesia, focusing on evaluating the conformity between the principles of sharia maqashid and applicable inheritance law regulations, such as the Compilation of Islamic Law (KHI) and customary law practices. The approach used is a juridical normative study with primary data analysis from the Qur'an, Hadith, and laws, as well as secondary data in the form of literature and related case studies. This research is expected to provide an in-depth picture of how the principles of sharia maqashid can strengthen justice and benefits in the distribution of inheritance. The results of the study show that inheritance law in Indonesia still faces challenges in harmonizing between Islamic, customary, and national law. Sharia maqashid principles, such as the protection of property (hifz al-mal) and descendants (hifz an-nasl), are often not fully accommodated in the implementation of inheritance law. Although the KHI has attempted to accommodate Islamic law, differences in interpretation and customary influences often lead to inconsistencies with the main purpose of sharia maqashid. In some cases, the distribution of inheritance actually creates conflicts that are contrary to the principles of justice and family welfare. This study recommends inheritance law reform in Indonesia with a maqashid-based approach to sharia to ensure harmony between positive law, custom, and Islamic principles. This effort can be carried out through policy revisions, increasing the socialization of sharia maqashid, and empowering the community in understanding the importance of justice in inheritance law. Thus, inheritance law in Indonesia can be more oriented towards achieving sharia goals in protecting individual rights and creating harmony in society.
Legal And Ethical Aspects Of Medicine In Handling The Effects Of Postoperative Anesthesia: Protection Of Patients' Rights And Physician Responsibilities Muliadi; Fauzan
International Journal of Society and Law Vol. 2 No. 3 (2024): December 2024
Publisher : Yayasan Multidimensi Kreatif

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The handling of postoperative anesthesia requires special attention to legal and medical ethical aspects, as it involves the patient's right to safe treatment and the doctor's responsibility in providing services according to professional standards. The importance of legal protection and the application of medical ethics is becoming increasingly relevant given the potential complications of anesthesia that can affect the patient's quality of life. This article highlights two main areas, namely the protection of patient rights, such as the right to clear and honest information about the risks of anesthesia, as well as the responsibilities of doctors, including the obligation to ensure patient recovery and avoid medical negligence. This study uses a qualitative method with a juridical-normative approach. Data were obtained through analysis of health law literature, principles of medical ethics, and review of legal cases related to anesthesia malpractice. This approach provides systematic insight into the relationship between legal regulation and ethical principles in medical practice. The results of the study show that negligence in providing adequate information to patients regarding the effects of anesthesia can trigger legal conflicts, such as malpractice lawsuits. In addition, doctors' non-compliance with medical ethical principles, such as nonmaleficence (not harming patients), can damage patient trust and the reputation of the medical profession. In conclusion, the integration between legal protection and the proper application of medical ethics is key to improving the quality of postoperative care, protecting patient rights, and ensuring that doctors' responsibilities are optimally fulfilled.
Termination of Employment for Urgent Reasons: Issues on Worker Protection Fauzan
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 6 No. 2 (2025): October 2025
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/injects.v6i1.1550

Abstract

Termination of Employment for urgent reasons has made it easier for Employers to carry out layoffs without going through the Industrial Relations Dispute Resolution Institution process in accordance with the Job Creation Law in conjunction with Article 52 paragraph (2) of Government Regulation No. 35 of 2021. The provisions for layoffs for urgent reasons have experienced ups and downs, after being prohibited by the Constitutional Court Decision Number 012/PUU-I/2003 and then revived by the Job Creation Law in conjunction with Government Regulation No. 35 of 2021. In law enforcement, decisions of the Industrial Court also pave the way for layoffs for urgent reasons. This research uses a normative juridical approach, conducted to find out the history of regulations for layoffs for urgent reasons starting from those regulated in the Civil Code, Law No. 57 of 1957 in conjunction with Law No. 12 of 1964, Law No. 13 of 2003, Constitutional Court Decision No. 12/PUU-I/2003 and the Job Creation Law in conjunction with Government Regulation No. 35 of 2021 and to determine the application of the law by Industrial Relations Court judges in disputes over termination of employment for urgent reasons. The research findings regarding the provisions on termination of employment for urgent reasons as stipulated in the current provisions and the application of the law by Industrial Relations Court judges do not consider the principle of maintaining employment relationships to the extent possible.
JURIDICAL STUDY OF THE IMPLEMENTATION OF ADMINISTRATIVE MEASURES TO RESOLVE STATE ADMINISTRATIVE DISPUTES Bambang Harianto; Abdul Rahman Maulana Siregar; Fauzan
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 4 No. 3 (2024)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v4i3.1595

Abstract

The implementation of the Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number: 6 of 2018, dated 4 December 2018 concerning Guidelines for Settlement of Government Administrative Disputes after taking administrative measures, which is a further regulation of the provisions in Articles 75, 76 and Article 77 of Law Number 30 of the Year 2014 concerning Government Administration, bringing changes to the State Administrative Justice system in Indonesia, namely related to Administrative Efforts. This then gives rise to several problems, namely first, whether administrative measures are an obligation that must be taken first before filing a state administrative dispute lawsuit with the State Administrative Court (PTUN); secondly, what is the procedure for making objections to State Civil Service (ASN) employment disputes? The aim of this research is to analyze and describe the application of administrative efforts to state administration disputes. Normative juridical research methods are used to answer this problem. The results of the research show that administrative efforts must be carried out as legal protection for the people in State Administration disputes, and the legal procedure is to carry out objection efforts in ASN disputes as regulated in Article 129 of Law Number 5 of 2014 concerning State Civil Apparatus, and the Judge will reject the party If the plaintiff has not taken the available administrative measures.
PROCEDURE FOR CRIMINAL PROCEEDINGS NOT TO PAY SEVERANCE PAY IS AN ULTIMUM REMEDIUM Fauzan; Suci Ramadani
International Journal of Management, Economic and Accounting Vol. 4 No. 4 (2026): August 2026
Publisher : Yayasan Multidimensi Kreatif

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61306/ijmea.v4i4.789

Abstract

Severance pay is a workers' right arising from termination of employment and must be fulfilled by employers in accordance with the provisions of labor law. In practice, there are still entrepreneurs who do not pay severance pay even though the obligation has been determined through agreements, court decisions, or the provisions of laws and regulations. This study aims to analyze the procedures for the implementation of criminal proceedings against employers who do not fulfill the obligation to pay severance pay and examine the position of criminal law as a last resort or ultimum remedium in resolving labor disputes. The research uses a combination of normative and empirical methods. The normative approach is carried out through the study of labor regulations, criminal law, legal doctrine, and court decisions. The empirical approach is carried out by examining the implementation of law enforcement in cases of non-payment of severance pay. The results of the study show that criminal proceedings can be applied if the employer deliberately does not carry out the obligation to pay severance pay that already has a clear legal basis. The process begins with dispute resolution through bipartite negotiations, mediation or conciliation, and mechanisms at the Industrial Relations Court. If the obligation is still not carried out and the act meets the elements of an employment crime, the worker can make a report to the labor supervisor or law enforcement officials. However, the application of criminal law should be placed as the ultimum remedium after administrative, civil, and industrial relations settlement efforts have yielded no results. The application of these principles is necessary to maintain a balance between the protection of workers' rights, legal certainty, and the proportionality of law enforcement.
Co-Authors Abdul Rahman Maulana Siregar Ali Sam'un Bambang Harianto Muliadi Suci Ramadani