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All Journal Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan Res Judicata Activa Yuris: Jurnal Hukum Rechtsvinding
Arsyad Aldyan
Faculty Of Law, Sebelas Maret University
Arts Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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ASPEK KEPERDATAAN PERBUATAN MELAWAN HUKUM PADA PERKARA PENCEMARAN NAMA BAIK DALAM ERA PERKEMBANGAN TEKNOLOGI DAN INFORMASI GUNA REFORMULASI PENEGAKAN HUKUM Arsyad Aldyan; Muhammad Rustamaji; Ismawati Septiningsih; Zakki Adlhiyati; Itok Dwi Kurniawan
Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan Vol 11 No 2 (2022): JURNAL GLOBAL CITIZEN JURNAL ILMIAH KAJIAN PENDIDIKAN KEWARGANEGARAAN
Publisher : Prodi PPkn Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (126.567 KB) | DOI: 10.33061/jgz.v11i2.6743

Abstract

This article discusses the civilian aspect in defamation cases which is intended to reform law enforcement against defamation cases. This article uses normative research methods and uses a legislative approach. Defamation is indeed an act that violates the law and certainly harms the person whose reputation is tarnished, but with this loss, it is seen that it is possible to resolve this issue can be resolved through a civil law approach with aspects of illegal acts. This is because the application of criminal sanctions is the ultimate medium, and also of course the essence is to look at the resolution of the problem. Reformulation of law enforcement policy in defamation cases leading to civil settlement is of course intended so that the aggrieved person also receives compensation from the perpetrator, and also the perpetrator is obliged to pay compensation, so as not to release the perpetrator of defamation for the act committed, but not in the presence of criminal sanctions law enforcement.
The Indonesian State Law System Is Based on The Philosophy of Pancasila and Constitution Arsyad Aldyan
Res Judicata Vol 6, No 1 (2023)
Publisher : Fakultas Hukum, Universitas Muhammadiyah Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29406/rj.v6i1.4939

Abstract

The State of Indonesia is a legal state which, of course, has a different legal system from other countries, where the difference in the legal system of the Indonesian state is this Indonesian state applies several existing legal systems, including applying some of the characteristics of the legal system of continental Europe, Anglo Saxon, and also the Islamic Law System. The primary basis in the formation of law in the state of Indonesia is Pancasila, besides that this Pancasila, which is also the ideology of the Indonesian state, is also used as a reference in the legal system in the State of Indonesia, with the existence of Pancasila all differences in customs, ethnicity, race, religion, and culture can be united to can accommodate all the legal interests of the Indonesian people, of course, the legal system used in this State of Indonesia is a legal system based on Pancasila as the state ideology. The legal system in Indonesia recognizes the existence of customary law and Islamic law because this Indonesian state has many customary law communities, and the majority of the population is Muslim, so that with this, the state legal system based on Pancasila, of course, also includes law. Customary law and Islamic law in the legal system in Indonesia. In the context of developing law in Indonesia, of course, also proclaiming the values of Pancasila, the implementation of the fourth principle of Pancasila, namely law-making is carried out through democracy led by wisdom in representative deliberation, and in the context of law enforcement in Indonesia, of course, must also prioritize values. Social justice. Keywords: Legal System, Pancasila, State of Law.
Implementation Sharia Principles and Development of National Law In Sharia Share Trading In Indonesian Capital Market Arsyad Aldyan
Activa Yuris: Jurnal Hukum Vol 2, No 2 (2022)
Publisher : Universitas PGRI Madiun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25273/ay.v2i2.13153

Abstract

In the capital market sector in Indonesia, especially with regard to stock trading in the capital market, sharia principles have begun to be applied properly. This is indicated by the existence of facilities (Sharia Online Trading System (SOTS) as well as brokers or securities companies that facilitate trading of shares in sharia, in addition to that added by the number of issuers listing sharia shares. Besides that, it is also supported more by the regulations issued by the national sharia board of the Indonesian Ulema Council and Otoritas Jasa Keuangan related to share trading in sharia. Finance as the institution tasked with overseeing the capital market. The National Sharia Council of MUI, issued regulations regarding sharia shares, among others, the Fatwa of the National Sharia Council No: 40/DSN-MUI/X/2003 concerning the Capital Market and General Guidelines for the Implementation of Sharia Principles in the Capital Market Sector; Fatwa of the National Sharia Council No: 80/DSN-MUI/III/2011 concerning the Implementation of Sharia Principles in the Mechanism of Trading in Equity Securities in the Regular Market of the Stock Exchange; while regarding sharia shares, Otoritas Jasa Keuangan issued the following regulations. Otoritas Jasa Keuangan Regulation No. 17/POJK.04/2015 concerning Issuance and Requirements for Sharia Securities in the Form of Shares by Sharia Issuers or Sharia Public Companies; Otoritas Jasa Keuangan Regulation No. 53 /POJK.04/2015 concerning Contracts Used in Issuing Sharia Securities in the Capital Market; Otoritas Jasa Keuangan Regulation No. 15/POJK.04/2015 Regarding the Implementation of Sharia Principles in the Capital Market
Legal Protection of the Status and Rights of Biological Children (Case Study of Determination Number 114/Pdt.P/2025/Pa.Bi) Salsabila Khairunnisa; Burhanudin Harahap; Arsyad Aldyan
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1245

Abstract

This study aims to analyze the legal protection of the status and rights of biological children according to Islamic law and the Child Protection Law, especially in assessing the suitability of the judge's legal considerations in Determination Number 114/Pdt.P/2025/PA. Bi to the principles of child justice and the fulfillment of civil rights without burdening children due to parental errors. The method used is normative juridical by examining Islamic legal norms through sharia maqasid and national laws and regulations, through literature studies on primary legal materials in the form of court decisions and secondary, analyzed qualitatively with normative interpretation. The results of the study show that Islamic law places biological children as a divine mandate that is protected by nasab for the sake of hifz al-nasl, even though the legal status is limited to sharia marriage so that the right of inheritance of faraidh does not fully apply to children of serial polygamy as in the case of Determination 114/Pdt.P/2025/PA. However, the rights to alimony, education, and affection must still be fulfilled by the father reasonably to be independent; The Child Protection Law guarantees the right to identity, health, and participation without discrimination through a complete birth certificate after biological attestation via DNA test, although judges' considerations often limit legal status due to administrative violations of parental marriage, so that children only receive partial rights such as alimony through a district court lawsuit without full guardianship or inheritance priority, which has the potential to cause social stigmatization and difficulty accessing public services such as scholarships or BPJS in areas such as Kediri; This gap creates a subjective injustice because the child is innocent, as the Constitutional Court's Decision expands biological civil relations in the best interests of the child, but the implementation of religious courts is still formalistic so that optimal protection requires harmonization through progressive fatwas and restorative mediation to ensure family reintegration and long-term psychological stability of children.
Co-Authors Burhanudin Harahap Indah Wulandari Ismawati Septiningsih Itok Dwi Kurniawan Muhammad Rustamaji Salsabila Khairunnisa Zakki Adlhiyati