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All Journal LAW REFORM Brawijaya Law Journal : Journal of Legal Studies Jurnal Ilmiah Hukum LEGALITY Journal of Law and Legal Reform Jurnal Pengabdian Hukum Indonesia Indonesian Journal of Advocacy and Legal Services
Hassan, Muhamad Sayuti
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Law, Crime, Criminology & Criminal Justice

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Rights of women in the establishment and dissolution of marriage in Oman: between CEDAW and sharia perspective Aghbari, Fahad Al; Hassan, Muhamad Sayuti; Mamari, Saleh Al; Musa, Nurhafilah
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 1 (2024): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i1.31493

Abstract

The Sultanate of Oman has acceded to CEDAW in 2005. However, Oman has reservations about a few articles of the said Convention because some of its provisions conflict with Islamic Sharia or Oman's national laws, including Article 16 of CEDAW.  Therefore, the objective of this article is to critically analyse Article 16 of CEDAW and the extent to which Oman Personal Status Law addresses marriage and divorce-related issues is compatible or in conflict with the Convention. To accomplish this objective, the research employs doctrinal legal research and an analytical approach to examine the texts of the Convention and their Omani equivalents. The analysis revealed that the courts could enforce the articles of CEDAW to assert rights, except for the provisions that Oman expressed reservations about. Oman has reservations regarding several features outlined in Article 16 of the aforementioned Convention, as they conflict with Islamic Law. The study highlights that the Convention effectively governs certain areas that promote gender equality in family matters, including stipulating that a woman's permission is necessary for marriage and her entitlement to dissolve the marital union by divorce or khulu' under appropriate circumstances. In addition, Oman effectively implements certain provisions of the Convention to strengthen women's rights by modifying domestic legislation. In conclusion, the Oman National Law is consistent with the CEDAW, except for the State's reservations concerning the implementation of Article 16 of the aforementioned Convention.
Implications Of Illegal Community Mining For Economic Development In Bangka Regency, Indonesia Rahayu, Derita Prapti; Rahayu, Sri; Faisal, Faisal; Wulandari, Cahya; Hassan, Muhamad Sayuti
LAW REFORM Vol 19, No 2 (2023)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v19i2.52866

Abstract

The Kepulauan Bangka Belitung Province, Indonesia, is renowned for its extensive history of tin mining, a pivotal component of the local economy. Notably, this mining encompasses operations conducted by both corporate entities and individual community members, shaping the region's socio-economic landscape. This research seeks to investigate the multifaceted implications of community-led tin mining activities in Bangka Belitung. Employing a qualitative and socio-legal approach, the study underscores its significance in the acquisition of high-quality data derived from site visits, comprehensive surveys, and interviews with the diverse local community, encompassing various subsistence groups and socio-economic backgrounds. Our findings indicate that individual community mining activities have indeed contributed positively to the economic growth of the Kepulauan Bangka Belitung Province, particularly in the Bangka Regency. However, they also manifest negative repercussions in terms of illegal mining, which adversely affects state revenue due to unregistered taxpayers. Furthermore, these activities hinder human resource development and highlight a deficiency in the supervision of reclamation efforts undertaken by artisanal mining operators. Therefore, the study emphasizes the imperative for government intervention, focusing on community mining permits to enforce reclamation regulations and ensure sustainable, responsible mining practices.
Legal Reform for Victims in Criminal Justice System of Indonesia and Russian Juridical Review Wulandari, Cahya; Masyhar, Ali; Hassan, Muhamad Sayuti
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.v5i3.7322

Abstract

The realization of justice in a criminal process cannot be separated from the position of the victim in the criminal justice system. Victims as parties directly dealing with criminal acts certainly expect their rights and interests to be properly accommodated. This article is written based on a method of normative juridical research with a comparative approach in victim protection regulation in Russia and Indonesia. In the process of resolving criminal cases through the criminal justice system in Indonesia, the victim's interests are represented by the Public Prosecutor so that they do not have access to have their wishes heard further. Even though in Law Number 1 of 2023 concerning the Criminal Code, sentencing guidelines and purposes of sentencing have been regulated, which in this case requires the role of the victim and/or their family, and further regulation is needed in practice. This is of course very different from the position of the victim in the Criminal Procedural Code in Russia, which places the victim actively in the process of the criminal justice system. The presence of the prosecutor in court does not diminish the victim's right to fight for their rights, including by conducting private prosecution of the perpetrator in the form of material or immaterial compensation. To be able to realize the values contained in Pancasila which are not only as Grundnorm but also as Grundwerten, it is necessary to place this victim in the process of resolving criminal cases at every level in the criminal justice system
To Punish or Reintegrate? Balancing Legal Protection and the Future of the Child Terrorist Khalid, Ihab Natiq; Hassan, Muhamad Sayuti; Md Said, Muhammad Helmi
Brawijaya Law Journal Vol. 11 No. 2 (2024): The Role Of Human Rights on ASIA Pacific Policies and Strategies
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.blj.2024.011.02.05

Abstract

In West Asia regions such as Iraq and Syria, children are vulnerable to terrorists, especially the Islamic State of Iraq and Syria (ISIS). Iraq has suffered years of massacre by ISIS using children recruited and transformed into “lions”. This resulted in the enactment of the Iraqi Anti-Terrorism Law in 2005 to address the menace. However, this law did not distinguish between adult offenders and child offenders; rather, it issued general punishment for the crime of terrorism. The study aims to determine the justification for punishment for child terrorists in light of the surrounding circumstances of indoctrination and transformation into dehumanized humans. Studies on child recruitment by ISIS, child soldiers, and ISIS and children were collected and analyzed using doctrinal legal analysis. The findings were thematically analyzed and discussed accordingly. It was discovered that justification for the punishment of children recruited by ISIS would be more effective when certain factors like the method of child recruitment are examined, the experiences of the children, and the impact the recruitment has had on the recruited children to avoid recidivism. That has turned them into terrorists and lacking human sympathy. This study suggests the need to punish these children under the provision of Juvenile Welfare Care with the purpose of de-radicalizing, rehabilitating, and reintegrating them into society while considering the safety of the community. Relevant strategies are essential for safeguarding the future of children and protecting their human rights.
Assessment of Political Principles in the Constitution of Oman from International Law Perspectives Al Aghbari, Fahad; Hassan, Muhamad Sayuti; Musa, Nurhafilah
LAW REFORM Vol 21, No 1 (2025)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i1.61436

Abstract

The Constitution of the Sultanate of Oman incorporates several political principles that guide the state’s policy in international relations, including non-interference in internal affairs, adherence to international treaties, and observance of customary international law. The significance of this research lies in assessing the compatibility of these constitutional principles with international law. This study adopts a descriptive-analytical approach to examine these principles. Additionally, it compares the application of international law by various states and the rulings issued by international judicial bodies.The primary objective of this paper is to evaluate the extent to which the political principles enshrined in the Omani Constitution align with the principles of public international law, while also identifying the challenges associated with their domestic implementation. The findings indicate that these principles have played a crucial role in enhancing Oman’s international reputation and fostering positive relations with various countries and international organizations.Finally, this paper presents several recommendations to address the challenges related to the application of these principles. The study concludes that Oman’s adherence to these principles has facilitated the effective implementation of international law. However, it also highlights the need to address specific challenges concerning the application of international treaties and conventions.
Impacts of Revising Criminal Wrongful Convictions on Judicial Credibility in China: A Cocktail Party Effect Analysis Said, Muhamad Helmi Md; Li, Yaoyao; Hassan, Muhamad Sayuti; Liu, Jingyu; Tinuk Dwi Cahyani
Journal of Law and Legal Reform Vol. 6 No. 1 (2025): January, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i1.11046

Abstract

In the Disruption Era, the revision of criminal wrongful convictions is vital to the protection of human rights. Moreover, it has a wide and profound impact on judicial credibility with complex mechanisms for shaping such impact. This commitment to rectify errors and uphold justice through criminal revision, while commendable, is overshadowed by a prevailing public perception that attributes such revisions to systemic deficiencies such as corruption, misuse of authority, and biased judicial decisions. This study delves into the intricate landscape of rectifying wrongful convictions by introducing the nuanced perspective of the Cocktail Party Effect (CPE), a sophisticated acoustic theory. The CPE's impact unfolds in three distinct stages—aptly termed "Screen-Mask-Polarize"—as the public navigates through the revision process. At its core, this study elucidates how signals emanate from wrongful conviction revisions to undergo automatic screening, influenced by the public's subjective preferences, thereby establishing a biased negative cognitive context. This cognitive bias, in turn, possesses the potential to erode public trust in the legal system and diminish confidence in the judiciary. Consequently, this comprehensive research offers insightful recommendations for judicial organs, the news media, and the public, complemented by two instrumental measures: the implementation of a state compensation system and the establishment of an accountability framework for wrongful convictions. The overarching goal of this study is to empower the public with the tools needed for a more objective and logical analysis of wrongful conviction revisions, fostering a nuanced understanding and trust in the criminal justice system.
Literacy, Compliance, and Digital Legal Awareness: The Role of JDIH UNNES in Disseminating Legal Information Wulandari, Cahya; Sugianto, Sugianto; Putra, Anggyi Trisnawan; Emha, Zidney Ilma Fazaada; Hassan, Muhamad Sayuti
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 1 (2025): The Global Challenges on Advocacy and Law Enforcement
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i1.26600

Abstract

Public legal awareness is an important foundation in creating a fair and effective legal system. The low level of legal understanding is the main trigger for public non-compliance with the law. Therefore, legal literacy is a strategic key in shaping legal awareness. The novelty of this article discusses the urgency of legal literacy and compliance in realizing a law-aware society and highlights the role of JDIH UNNES as an important tool in disseminating legal information. The method used in this study is normative juridical. The results of this study show that legal literacy not only includes the ability to understand the content of the law, but also encourages proactive legal attitudes and behavior. JDIH UNNES has proven to play a strategic role in providing legal information that is easily accessible, accurate, and relevant so as to support information disclosure and public participation in law enforcement and encourage the development of a legal culture in Indonesia. Thus, strengthening legal literacy through means such as JDIH has practical implications in shaping a society that understands, obeys, and is aware of the law in a sustainable manner.
Implementation of the Bullying Box and Establishment of Prevention Team to Address Bullying Cases at SMA Islam Al-Azhar 30 Salatiga Cahya Wulandari; Sukadari, Sukadari; Winarsih, Winarsih; Rahmayani, Chanidia Ari; Hassan, Muhamad Sayuti; Aditya, Agung
Jurnal Pengabdian Hukum Indonesia Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.26400

Abstract

Bullying in Indonesia is increasingly on the rise, especially among children and teenagers, and most of it occurs in school environments. Bullying that occurs to a student will affect their psychological and social development and raise concerns about their health in the future. The problem faced by the students of SMA Islam Al-Azhar 30 Salatiga is the prevalence of bullying experienced by students, perpetrated by their own peers, both individually and in groups. This is due to the students' lack of knowledge, which stems from insufficient attention and education about bullying provided by parents and the school. The service team help solve the Partner's problem by creating a bullying box as a place for students to report bullying behavior they have experienced, witnessed, or heard, and by forming a bullying prevention and resolution team or violence prevention team. The purpose of this activity is to help prevent and resolve bullying among students at SMA Islam Al-Azhar 30 Salatiga.
Advocating for Sustainable Work: A Legal Perspective on Labor Regulation and Human Resources Practices in Indonesian Higher Education Mursidah, Siti; Wulandari, Cahya; Khoiruddin, Moh.; Hassan, Muhamad Sayuti; Fauzi, Ricky Dermawan; Nugroho, Andre Setyo
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 2 (2025): Contemporary Issues on Advocacy and Legal Services
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i2.29155

Abstract

This study examines the implementation of labor regulations aligned with the Sustainable Development Goals (SDGs) within the context of human resource (HR) management at Universitas Negeri Semarang (UNNES), a leading institution in Indonesia’s higher education sector. As universities are expected to model sustainable and equitable employment practices, this research explores how labor laws—particularly those concerning decent work, gender equality, and inclusive employment—are applied in institutional HR policies and practices. Employing a normative juridical approach supported by empirical data, the study analyzes the legal frameworks governing labor rights in Indonesia and their integration into HR procedures at UNNES. The findings reveal a partial but growing compliance with SDGs-based labor principles, highlighting areas where legal advocacy and institutional commitment are still needed to ensure fair labor standards. The study further discusses the role of legal services and advocacy in advancing labor justice and institutional accountability within higher education settings. By focusing on the intersection of labor law, sustainability, and human resource management, this paper contributes to the broader discourse on legal reform and advocacy for sustainable work environments in Indonesian universities.
Co-Authors Aditya, Agung Aghbari, Fahad Al Al Aghbari, Fahad Ali Masyhar Anggyi Trisnawan Putra Cahya Wulandari Derita Prapti Rahayu Emha, Zidney Ilma Fazaada Faisal Faisal Fauzi, Ricky Dermawan Khalid, Ihab Natiq Li, Yaoyao Liu, Jingyu Mamari, Saleh Al Md Said, Muhammad Helmi Moh. Khoiruddin Mursidah, Siti Musa, Nurhafilah Nugroho, Andre Setyo Rahmayani, Chanidia Ari Said, Muhamad Helmi Md SRI RAHAYU Sugianto Sugianto Sukadari Sukadari, Sukadari Tinuk Dwi Cahyani Winarsih Winarsih