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Menelaah Keabsahan Kontrak Binary Option pada Unsur Pidana Perjudian Setiyawan, Deni; Rahmad, Noor
Jurnal Penegakan Hukum dan Keadilan Vol 5, No 1 (2024): March
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i1.19312

Abstract

The rapid development and advancement of technology had made everything easy, including accessing the internet. The economy is one of the many fields that have experienced rapid development as a result of technological developments, and investment is no exception. One of the investments that is currently being discussed is the binomo platform. But in reality, binomo is not an investment but a platform that provides binary option services for potential investors. The element of agreement is the most important element in determining whether binary options are included in gambling applications or not. This research aims to examine the validity of the agreement on binomo in determining whether the binary option is included in the gambling application or not. This research uses a normative juridical method with a conceptual approach. The results of this study explain that the validity of the futures contract on the binomo platform in terms of the Civil Code contradicts several articles in the Civil Code, when referring to the valid terms of the agreement in article 1320 of the Civil Code, binomo does not meet when viewed from the 3rd valid requirement, namely a certain thing and the 4th valid requirement, namely a lawful legal cause. the Binary Option Trading mechanism has fulfilled the elements of gambling in accordance with Article 303 Paragraph 3 of the Criminal Code, so that the Binary Option Trading affiliator can also be subject to Article 27 Paragraph 2 of the ITE Law Jo. Article 45 Paragraph 1 of the ITE Law.
Persepsi Mahasiswa Nahdliyin terhadap Mata Kuliah Al Islam dan Kemuhammadiyahan di Perguruan Tinggi Muhammadiyah Handoko, Puji; Akbar, Tian Khusni; Ya’qub, Muhammad; Rahajeng, Fitria; Setiyawan, Deni
Jurnal Studi Islam dan Kemuhammadiyahan (JASIKA) Vol. 4 No. 2: September 2024
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jasika.v4i2.139

Abstract

This research aims to explore the perceptions of Nahdlatul Ulama (NU) students regarding the Al-Islam and Kemuhammadiyahan (AIK) course at Muhammadiyah University of Gombong and to assess the effectiveness of the internalization of AIK values in the context of their daily lives. A survey was conducted among 100 NU students to understand their views on the comfort of studying at Muhammadiyah University, experiences of discrimination, and changes in perception towards Muhammadiyah before and after taking the AIK course. The method used was a qualitative approach with data collection techniques including in-depth interviews, participatory observation, and analysis of documents related to the Muhammadiyah course. The research results show that the majority of NU students feel comfortable studying at Muhammadiyah University of Gombong and do not experience discrimination. The AIK course is considered effective in introducing and deepening their understanding of Islamic teachings and the principles of Muhammadiyah, with 98.3% of students reporting a positive change in their views towards Muhammadiyah. Nevertheless, only 36.2% of students feel that the AIK material is relevant to their daily lives, indicating a need to better contextualize the learning material to make it more meaningful for NU students. Overall, this research concludes that Muhammadiyah University of Gombong has successfully integrated AIK values into the academic life of NU students, but there is a need to enhance the relevance of the material to the realities of student life to strengthen the internalization of these values.
The Phenomenon of Divorce during the Election Period in the Perspective of Islamic Law Setiyawan, Deni; Tuasikal, Hadi; Karana, Hafidz Adhi
Jurnal Media Hukum Vol 31, No 1: June 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i1.21868

Abstract

This article delved into the perspectives of Islamic law about the divorce phenomena as it pertains to the election period. This phenomenon has been the subject of very little research about Islamic law. Legal anthropology brings an Islamic and conceptual studies perspective to this study technique. Consequently, this study aims to provide an Islamic perspective on these events and analyze them from a legal Islamic perspective. This article explained that ikhtilaf happened throughout the Islamic culture. During the election period, societal shifts inside the family led to the dissolution of the marriage. Since political opinions do not constitute nusyuz against the spouse, Muslims are free to have differing views on this matter. Only in religious issues is a woman bound to obey her husband. Thus, divorce is forbidden in Islam because of disparities in personal decisions. This study is expected to provide the groundwork for Islamic law and help families work through disagreements over political candidates during election period.
Crime of Sexual Violence Against Children (Study at Kebumen Police Station) Setiyawan, Deni; Noor Rahmad
Journal of Law Justice (JLJ) Vol 2 No 2 (2024): Journal of Law Justice
Publisher : Fakultas Hukum Universitas Muhammadiyah Sorong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33506/jlj.v2i2.3311

Abstract

In Indonesia, cases of sexual violence have increased every year, the victims are not only adults but now have spread to teenagers, children and even toddlers. The purpose of this research focuses on identifying and analysing the obstacles faced by investigators and the efforts made by investigators in revealing cases of sexual violence against children. This research uses empirical methods through interview data and field observations, then conceptually analysed to find obstacles and efforts of investigators in overcoming cases of sexual violence in children. The results of the study found that the main obstacle for investigators in uncovering criminal acts of sexual violence against children is the lack of information from children who experience sexual violence due to trauma. The absence of a psychologist in the investigating team, difficulties in bringing in a psychologist when a case of child abuse occurs. Efforts made by Kebumen Police investigators are to call a psychologist when there is a case of sexual violence against a child. Efforts to provide assistance by psychologists, and traumatic recovery for children who experience sexual violence. It is hoped that the Kebumen police will have a field of psychology experts who specialise in handling child sexual abuse crimes in Kebumen.
Tingkat Pemahaman Masyarakat Terhadap Tindak Pidana (Hate Speech, Hoax) Dalam Undang-Undang Informasi Dan Transaksi Elektronik Didesa Pekuncen Kec. Sempor Rahmad, Noor; Setiyawan, Deni; Novita, Diana; Prasojo, Radityo Dwi
Jurnal SUTASOMA (Science Teknologi Sosial Humaniora) Vol 2 No 1 (2023): Desember 2023
Publisher : Universitas Tabanan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58878/sutasoma.v2i1.252

Abstract

His study aims to examine the level of public understanding of criminal acts in the form of Hate Speech and Hoax which are regulated in the Electronic Information and Transaction Law (UU ITE). The development of information technology and the internet has had a significant impact on the way people communicate and interact. However, the use of this technology has also created new problems, such as the rise of hate speech and hoaxes on online platforms. This study uses a survey method with questionnaires distributed to respondents randomly in several areas that represent the diversity of society. The questions in the questionnaire focused on people's understanding of the concept of Hate Speech and Hoax in accordance with the ITE Law, the impact of the spread of Hate Speech and Hoax, as well as knowledge of related legal sanctions.
Legal Threats to Home Industry Prostitution Service Providers Kurniawan, Dimas; Fajarianti, Amalia Tri; Novita, Dewi; Novita, Diana; Setiyawan, Deni
Socio Legal and Islamic Law Vol 2 No 1 (2023): June 2023
Publisher : Faculty of Law, Muhammadiyah University of Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/jssl.v2i1.21386

Abstract

The phenomenon of prostitution is an old phenomenon that has occurred for centuries. The rise of prostitution in Indonesia is growing along with progress ranging from transportation to technological developments. Apart from the development of science, the rapid growth of prostitution is also caused by fulfilling the essence of society's hedonistic lifestyle. Nowadays prostitution can be easily accessed through electronic technology and social media. The problem of prostitution can become a serious social problem if left untreated. One of the impacts of free prostitution is health problems, disease transmission from free sex can spread quickly and to anyone. In Indonesian law, prostitution is an act that is contrary to the rules of criminal law. The provisions are in Article 506 of the Criminal Code which clearly threatens prison sentences and fines. Keywords: Prostitutions, Criminology, Lifestyles.
Asset Restitution Reform to Ensure Legal Protection and Fairness for Investors Setiyawan, Deni; Alhadi, Muhammad Nurcholis; Yassine, Chami
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.1774

Abstract

Emerging concerns in the legal domain are a direct result of the digital age's advancements in the economic sphere. Binary options' rise to prominence is a topic worthy of discussion, particularly with regard to the breadth of asset returns in such instances. Binary option victims are questioning the fairness of the state's claim to assets in light of the recent court ruling in the Indra Kenz and Doni Salmanan case. This research aims to help victims of binary options get their money back through restitution by analyzing the problem and offering remedies. The victims of binary option crimes will have their rights protected; that much is certain. Solutions to the problem of investor asset return can be found by using normative methodologies in the examination of statutes, case studies, and concepts. This study finds that victims of illegal activities can regain their possessions through restitution, which also provides a sense of justice and guarantees legal protection for their rights. People can suffer materially, emotionally, and psychologically as a result of committing a criminal offense. Based on the priorities of legal protection and justice, this research is anticipated to provide a solution for law enforcement in the return of assets for binary option criminal offenses.
Konsep Peraturan Perundang-Undangan Tentang Kepastian Usia Prespektif Kedewasaan Perkawinan Setiyawan, Deni; Kurniawan, Dimas Awal
JATIJAJAR LAW REVIEW Vol 2, No 1 (2023): JATIJAJAR LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Muhammadiyah Gombong

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26753/jlr.v2i1.1249

Abstract

There is still a discrepancy between the marriage boundaries between the KHI and the Marriage Law which can affect the chances of leniency in applying for a marriage dispensation because there is no legal certainty regarding marriage boundaries. Whereas the purpose of marriage is to form a sakinah, mawaddah, warahmah family. To achieve this, a mature character is needed to regulate household life and offspring.  From these problems, it is deemed necessary to conduct further research studies on the concept of maturity in marriage, what is the positive legal basis for the age of marriage? and how the law as a means of social control of early marriage? The method used in this study uses a normative juridical approach with a Statute Approach and a conceptual approach.The results obtained, that the concept of maturity in marriage can be seen from 3 perspectives, namely the positive law contained in Law No. 1 of 1974 which has been changed to Law No. 16 of 2019 concerning Marriage, but then from KHI still refers to the Marriage Law but also remains in accordance with the Qur'an and As-Sunnah and use the discretion of the judge through the ratio decided. Second, that the positive legal concept in early marriage has been regulated in Law No. 1 of 1974 which has been changed to Law No. 16 of 2019 concerning Marriage, article 7 paragraph (1) and in the KHI article 16 paragraph (1). Third, that the law is a tool for social engineering and as a tool to regulate human beings which is included in the Law concerning the age limit for marriage as a form of legal engineering to regulate early marriage. So with the law regarding the age of marriage, it is expected to reduce and provide education to the public about the impact and prohibition of early marriage. So that it will create certainty, benefit and legal justice
Implementasi Pendidikan AIK dalam Membentuk Akhlak Mahasiswa di Perguruan Tinggi Muhammadiyah Handoko, Puji; Akbar, Tian Khusni; Setiyawan, Deni
Borobudur Educational Review Vol 4 No 2 (2024)
Publisher : Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31603/bedr.11796

Abstract

Abstract This paper discusses the implementation of Al-Islam and Kemuhammadiyahan (AIK) education on Muhammadiyah campuses plays an important role in shaping student morals. This education is expected to not only improve academic understanding, but also shape character and ethics in accordance with Islamic values. Through interactive teaching methods, experiential approaches, and integration of moral values in the curriculum, students are expected to internalise Islamic teachings in their daily lives. The purpose of this study is to conduct an in-depth exploration of the role of AIK in strengthening student morals. This research method uses library research with a qualitative and conceptual approach. The results of the study through the method of Al-Islam and Kemuhammadiyahan education can strengthen morale. There is a relationship between AIK education and moral improvement of students. Al-Islam and Kemuhammadiyahan education as a moral characteristic of Muhammadiyah students. This research is expected to increase knowledge about the relationship between Al-Islam and Muhammadiyah education and strengthening student morals. Abstrak Makalah ini membahas tentang implementasi pendidikan Al-Islam dan Kemuhammadiyahan (AIK) di kampus Muhammadiyah berperan penting dalam membentuk moral mahasiswa. Pendidikan ini diharapkan tidak hanya meningkatkan pemahaman akademis, tetapi juga membentuk karakter dan etika yang sesuai dengan nilai-nilai Islam. Melalui metode pengajaran yang interaktif, pendekatan berbasis pengalaman, serta integrasi nilai-nilai moral dalam kurikulum, mahasiswa diharapkan dapat menginternalisasi ajaran Islam dalam kehidupan sehari-hari. Tujuan penelitian ini untuk melakukan eksplorasi yang mendalam mengenai peran AIK dalam memperkuat moral mahasiswa. Metode penelitian ini, mengunakan library research dengan pendekatan kualitatif dan konseptual. Hasil penelitian melalui metode pendidikan Al-Islam dan Kemuhammadiyahan dapat memperkuat moral. Adanya keterkaitan antara pendidikan AIK dan perbaikan moral mahasiswa. pendidikan Al-Islam dan Kemuhammadiyahan sebagai penciri moral mahasiswa muhammadiyah. Penelitian ini diharapkan menambah pengetahuan tentang hubungan Pendidikan Al-Islam dan Kemuhammadiyahan dan penguatan moral mahasiswa
Exploring Abhakalan Culture (Early Marriage) in Madura: A Dialogue of Customary Law, Religion, and The State Setiyawan, Deni; Wahyuningsih, Sri Endah; Hafidz, Jawade; Mashdurohatun, Anis; Benseghir, Mourad
AHKAM : Jurnal Ilmu Syariah Vol 24, No 2 (2024)
Publisher : Universitas Islam Negeri Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/ajis.v24i2.36070

Abstract

This study explores the culture of Abhakalan in Madura in the context of early marriage, analyzing its intersections with customary law, religion, and the state. While aimed at preserving family honor, this practice often prioritizes the principle of ḍarran (harm), leading to gender inequality and injustices toward women. The research seeks to evaluate the implications of this cultural practice on women's rights and gender equality, using an empirical legal method grounded in conflict theory and social change, combined with Islamic concepts of ‘urf (accepted custom), naf'an (benefit), and ḍarran (harm). Findings indicate that Abhakalan culture denies women agency in marriage decisions, perpetuating stereotypes of female inferiority and limiting their opportunities for empowerment and education. This study highlights the need for cultural reform through gender advocacy, mindset shifts, and family economic empowerment. By fostering dialogue among customary law, religion, and state policies, the research underscores pathways to equitable and sustainable gender equality. AbstrakPenelitian ini mengkaji budaya Abhakalan di Madura dalam konteks pernikahan dini dengan menganalisis keterkaitannya dengan hukum adat, agama, dan negara. Meskipun bertujuan menjaga kehormatan keluarga, praktik ini sering mengedepankan prinsip ḍarran (bahaya) yang berujung pada ketidakadilan terhadap perempuan dan ketimpangan gender. Penelitian ini bertujuan untuk mengevaluasi dampak budaya ini terhadap hak-hak perempuan dan kesetaraan gender, menggunakan metode hukum empiris yang berlandaskan teori konflik dan perubahan sosial, serta konsep Islam seperti ‘urf (adat yang diterima), naf’an (manfaat), dan ḍarran (kerugian). Temuan menunjukkan bahwa budaya Abhakalan mengabaikan hak perempuan dalam pengambilan keputusan terkait pernikahan, memperkuat stereotip inferioritas perempuan, serta membatasi peluang pendidikan dan pemberdayaan mereka. Penelitian ini menekankan pentingnya reformasi budaya melalui advokasi gender, perubahan pola pikir, dan pemberdayaan ekonomi keluarga, dan dengan mendorong dialog antara hukum adat, agama, dan kebijakan negara, studi ini menawarkan langkah menuju kesetaraan gender yang adil dan berkelanjutan