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Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia Zainurohmah, Zainurohmah; Andini, Marcelia Puspa; Damayanti, Anisa Vira
Contemporary Issues on Interfaith Law and Society Vol 2 No 1 (2023): January-June, 2023
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.66295

The distribution of joint assets following divorce is a significant aspect of family law, particularly within the framework of Islamic law in Indonesia. This paper explores the discourse surrounding post-divorce asset distribution from an Islamic legal perspective, shedding light on the principles, practices, and challenges within the Indonesian context. Grounded in Islamic jurisprudence, the analysis delves into the principles governing asset distribution, including considerations of fairness, equity, and the well-being of family members. It examines the Quranic injunctions and Prophetic traditions that guide asset division, as well as the interpretations and applications of Islamic law by legal scholars and judicial authorities in Indonesia. Moreover, the paper scrutinizes the contemporary legal landscape and societal norms influencing post-divorce asset distribution in Indonesia. It addresses the evolving nature of family structures, economic dynamics, and gender roles, and their impact on asset division practices within Islamic law. Through a multidisciplinary approach encompassing Islamic studies, family law, and socio-legal analysis, this paper contributes to a deeper understanding of the complexities surrounding post-divorce asset distribution in the Indonesian context. By elucidating the intersection of Islamic legal principles, cultural norms, and modern legal frameworks, it aims to inform legal practitioners, policymakers, and scholars engaged in family law reform efforts and contribute to the promotion of justice and equity in family matters within Islamic societies.

Ensuring Legal Certainty for Customary Law Communities in Indonesia: Analyzing the Ratification Process of the Customary Law Communities Bill Zainurohmah, Zainurohmah; Mahmudi, Salim Noer; Alfarisi, Jihan
Contemporary Issues on Interfaith Law and Society Vol 3 No 1 (2024): January-June, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i1.78878

This study examines the pursuit of legal certainty for customary law communities in Indonesia through analyzing the ratification process of the Customary Law Communities Bill. Customary law communities, integral to Indonesia's cultural fabric, have long grappled with ambiguous legal recognition, leading to vulnerability and uncertainty. By scrutinizing the journey of the Customary Law Communities Bill towards enactment, this research aims to elucidate the prospects of establishing a robust legal framework safeguarding the rights and interests of these communities. Drawing from legislative documents, legal debates, and stakeholder insights, the study assesses the bill's opportunities and challenges. Additionally, the research delves into the implications of legal certainty for customary law communities, exploring its potential impact on autonomy, cultural heritage, and socio-economic development. Through case studies and empirical evidence, the study illuminates the practical ramifications of the bill's provisions across Indonesia. This study contributes to discussions on legal pluralism, indigenous rights, and community empowerment in Indonesia. By advocating for the recognition and protection of customary law communities within the legal framework, it seeks to foster inclusive governance and cultural diversity. Ultimately, it underscores the significance of ensuring legal certainty as a cornerstone of justice and equality for all communities, irrespective of their cultural or legal traditions.

Provisions of Legal Aid as a Form of Protection for Child Victims of Rape Zainurohmah, Zainurohmah; Febriansyah, Andhika; Andini, Marcelia Puspa; Saputro, Muhammad Eko; Mukhoyyaroh, Vina Durrotul; Rohman, Bintang Nur
The Digest: Journal of Jurisprudence and Legisprudence Vol 4 No 1 (2023): The Digest, June 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v4i1.67669

Indonesia as a state of law guarantees the human rights of its citizens, one of which is the right to equal treatment before the law. Legal aid is one of the state's efforts to fulfill this right for the poor. This research aims to examine the provision of legal aid in Indonesia, which departs from the case study of child rape that occurred in Banyumas. This research uses normative juridical method with statutory approach and conceptual approach. The results of this study show that the state has accommodated the need for legal aid as regulated in Law Number 16 of 2011 concerning Legal Aid. However, those who need legal aid are not only poor people but also children who are victims of rape. The provision of legal aid to child victims of rape is a form of state responsibility in providing legal protection to children so that the rights that children should get as stated in the Child Protection Law can actually be realized, not limited to being stated in the law.

Freedom of Religion and Belief in Higher Education: Between Policy and Practices Zainurohmah, Zainurohmah; Izza, Rizqiya Lailatul; Firdaus, Indriana; Damayanti, Fitria; Baidhowi, Baidhowi
The Indonesian Journal of International Clinical Legal Education Vol 5 No 2 (2023): Legal Education in Current Development: Problems and Challenges
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v5i2.74117

is a set of rules formed to regulate the order of social life. Regulations also regulate various lines of life including religion. Religion is defined as man's belief in the existence of God including the ordinances of worship. Freedom of religion also needs to be applied in universities as evidence of Freedom of Religion and Belief. This study aims to find out how the regulation of religious freedom in Higher Education (Semarang State University Campus Study) from the point of view of Freedom Of religion And Belief. This study used normative juridical methods. In this study, it can be concluded that the procurement of houses of worship in universities is still very rare. This is because there are no regulations or policies that regulate this matter. However, there are also several universities that already have multi-religious houses of worship, one of which is Semarang State University. The construction of the house of worship aims to strengthen religious moderation through tolerance.

Participatory Rural Appraisal as a Legal Education for Prevention of Trademark Infringement (Case of Bandungan, Central Java, Indonesia) Arifin, Ridwan; Alkadri, Riska; Wedhatami, Bayangsari; Zainurohmah, Zainurohmah; Putri, Nadiyah Meyliana; Huda, Muhammad Wahyu Saiful; Husodo, Sukma Jati; Swasti, Sinta
The Indonesian Journal of International Clinical Legal Education Vol 5 No 3 (2023): Critical Perspectives on Contemporary Policy and Legal Issues: A Multifaceted Exa
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijicle.v5i3.75136

Trademarks play a crucial role in protecting the intellectual property rights of businesses and individuals. However, in rural and remote areas, awareness of trademark infringement and the legal mechanisms to prevent it may be limited. This study explores the use of Participatory Rural Appraisal (PRA) as an innovative approach to legal education in preventing trademark infringement, focusing on the case of Bandungan in Central Java, Indonesia. The research utilizes a mixed-methods approach, combining qualitative and quantitative data collection techniques. Through a series of workshops, surveys, and participatory activities, the study engages with the local community in Bandungan to assess their understanding of trademarks, identify potential infringement issues, and deliver legal education on trademark protection. The findings reveal that the PRA approach effectively enhances the community's awareness of trademark rights and the legal remedies available to prevent infringement. Participants actively participate in discussions, share their experiences, and collaboratively generate strategies to protect local businesses' intellectual property. Moreover, the study identifies specific challenges faced by the community in safeguarding trademarks, such as limited access to legal resources and awareness of the legal system. The research contributes to the field of legal education and rural development by highlighting the potential of PRA as a practical and community-driven method for raising awareness about trademark infringement prevention. It underscores the importance of tailoring legal education programs to the specific needs and contexts of rural communities, ultimately empowering them to protect their intellectual property rights and foster economic development.

Comparative Analysis of Governmental Systems: Assessing Democracy in Indonesia’s Presidential System and France’s Semi-Presidential System Zainurohmah, Zainurohmah; Josephine, Emma
Indonesian State Law Review (ISLRev) Vol 6 No 1 (2023): Indonesian State Law Review, April 2023
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/islrev.v6i1.68226

This paper conducts a comprehensive comparative analysis of governmental systems to assess the democratic principles inherent in Indonesia's Presidential System and France's Semi-Presidential System. Employing a normative juridical research method with a statutory, conceptual, and comparative approach, the study unveils the distinct features of each system and their implications for democratic governance. The research reveals similarities and differences in power distribution, emphasizing the commonality of the trias politica concept in both countries, albeit with unique characteristics. Notably, the divergence lies in the roles of state leaders: Indonesia designates the president as both head of state and government, whereas in France, the president is the head of state, and the prime minister assumes the role of head of government. Through this analysis, the paper aims to contribute to the field of comparative constitutional law and deepen our understanding of how different governmental structures impact the democratic fabric of nations.

Community Learning Through Participatory Rural Appraisal Method in Preventing Trademark Infringement Arifin, Ridwan; Wedhatami, Bayangsari; Alkadri, Riska; Putri, Nadiyah Meyliana; Huda, Muhammad Wahyu Saiful; Zainurohmah, Zainurohmah
Jurnal Panjar: Pengabdian Bidang Pembelajaran Vol 5 No 2 (2023): August, 2023
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/panjar.v5i2.74099

This research aims to optimize the role of the community in Kenteng Village, Bandungan Sub-district, Semarang District, in the prevention of trademark infringement crimes through the application of the Participatory Rural Appraisal (PRA) method. Trademark infringement crimes can harm brand owners, disrupt the market, and have a negative impact on the local economy. Therefore, the role of the community is crucial in supporting trademark infringement prevention efforts. This study was conducted through a series of steps, including stakeholder identification, training and awareness-raising about trademark rights, an analysis of trademark infringement issues in Kenteng Village, and the formulation of collective solutions through active community participation. The research results indicate that through the PRA method, the Kenteng community can better understand the impact of trademark infringement and contribute to prevention efforts through initiatives such as awareness campaigns, reporting infringements, and the establishment of trademark monitoring committees. In this context, the optimization of the community's role not only enhances trademark protection at the local level but also strengthens the relationships between brand owners, local government, and rural communities. This research provides valuable insights into how trademark infringement prevention can be an integral part of sustainable rural development by actively involving community participation.

Legal Assistance and Penal Mediation in Theft Cases Involving Physical Altercations: Enhancing Pancasila Values in Kenteng Village: Bantuan Hukum dan Mediasi Pidana dalam Kasus Pencurian dengan Kekerasan Fisik: Penanaman Nilai-Nilai Pancasila di Desa Kenteng Arifin, Ridwan; Riyanto, R. Benny; Fibrianti, Nurul; Karsinah, Karsinah; Ananta, Bintang Rafli; Zainurohmah, Zainurohmah; Indraswara, Dede; Sulaksmi, Galih Niken Anggoto
Annual Review of Legal Studies Vol. 1 No. 3 (2024)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol1i3.13199

Cases of theft leading to altercations pose significant legal and social challenges that require effective resolution strategies. In Kenteng Village, such incidents frequently escalate into prolonged conflicts between perpetrators and victims. This study aims to evaluate the effectiveness of legal assistance in theft cases through penal mediation, with a focus on reinforcing Pancasila values at the village level. A qualitative approach with an in-depth case study methodology was employed. Data were collected through interviews with perpetrators, victims, authorities, and mediators, as well as document analysis. The study investigates how legal assistance and penal mediation can facilitate conflict resolution while supporting the application of Pancasila values in the case resolution process. The findings reveal that integrated legal assistance and penal mediation can reduce tensions between disputing parties and increase the likelihood of peaceful resolution. Penal mediation, involving a third-party mediator, enables constructive dialogue and fair settlements, considering the interests of both parties. The reinforcement of Pancasila values, such as social justice, humanity, and unity, proves effective in fostering mutual respect and tolerance within the village community. In conclusion, legal assistance and penal mediation not only address legal disputes but also strengthen Pancasila values within the community. Recommendations for future research include the development of mediation and legal assistance training programs based on Pancasila values to extend their application to other regions.

Discourse on Post-Divorce Distribution of Joint Assets in the Perspective of Islamic Law in Indonesia Zainurohmah, Zainurohmah; Andini, Marcelia Puspa; Damayanti, Anisa Vira
Contemporary Issues on Interfaith Law and Society Vol. 2 No. 1 (2023): Sharia and Society: Navigating Faith, Law, and Modernity
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v2i1.31375

The distribution of joint assets following divorce is a significant aspect of family law, particularly within the framework of Islamic law in Indonesia. This paper explores the discourse surrounding post-divorce asset distribution from an Islamic legal perspective, shedding light on the principles, practices, and challenges within the Indonesian context. Grounded in Islamic jurisprudence, the analysis delves into the principles governing asset distribution, including considerations of fairness, equity, and the well-being of family members. It examines the Quranic injunctions and Prophetic traditions that guide asset division, as well as the interpretations and applications of Islamic law by legal scholars and judicial authorities in Indonesia. Moreover, the paper scrutinizes the contemporary legal landscape and societal norms influencing post-divorce asset distribution in Indonesia. It addresses the evolving nature of family structures, economic dynamics, and gender roles, and their impact on asset division practices within Islamic law. Through a multidisciplinary approach encompassing Islamic studies, family law, and socio-legal analysis, this paper contributes to a deeper understanding of the complexities surrounding post-divorce asset distribution in the Indonesian context. By elucidating the intersection of Islamic legal principles, cultural norms, and modern legal frameworks, it aims to inform legal practitioners, policymakers, and scholars engaged in family law reform efforts and contribute to the promotion of justice and equity in family matters within Islamic societies.

Ensuring Legal Certainty for Customary Law Communities in Indonesia: Analyzing the Ratification Process of the Customary Law Communities Bill Zainurohmah, Zainurohmah; Salim Noer Mahmudi; Jihan Alfarisi
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 1 (2024): Legal Reform, Religious Pluralism, and Social Transformation in Contemporary So
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i1.31395

This study examines the pursuit of legal certainty for customary law communities in Indonesia through analyzing the ratification process of the Customary Law Communities Bill. Customary law communities, integral to Indonesia's cultural fabric, have long grappled with ambiguous legal recognition, leading to vulnerability and uncertainty. By scrutinizing the journey of the Customary Law Communities Bill towards enactment, this research aims to elucidate the prospects of establishing a robust legal framework safeguarding the rights and interests of these communities. Drawing from legislative documents, legal debates, and stakeholder insights, the study assesses the bill's opportunities and challenges. Additionally, the research delves into the implications of legal certainty for customary law communities, exploring its potential impact on autonomy, cultural heritage, and socio-economic development. Through case studies and empirical evidence, the study illuminates the practical ramifications of the bill's provisions across Indonesia. This study contributes to discussions on legal pluralism, indigenous rights, and community empowerment in Indonesia. By advocating for the recognition and protection of customary law communities within the legal framework, it seeks to foster inclusive governance and cultural diversity. Ultimately, it underscores the significance of ensuring legal certainty as a cornerstone of justice and equality for all communities, irrespective of their cultural or legal traditions.

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