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All Journal Arena Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Hukum LEGALITY Lex Publica Contemporary Issues on Interfaith Law and Society
Supaat, Dina Imam
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The neglect of protection for undocumented Migrant Workers within the framework of Human Rights Law Rahayu, Devi; Supaat, Dina Imam; Yusuf, Mirna
Legality : Jurnal Ilmiah Hukum Vol. 32 No. 2 (2024): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v32i2.34993

Abstract

The safeguarding of fundamental rights for undocumented migrant workers represents a critical challenge that necessitates immediate attention. This article addresses the oversight within the human rights discourse regarding the fundamental rights of undocumented migrant workers. Through empirical normative research, incorporating a comprehensive review of normative literature, this study critically examines the regulations affecting migrant workers through the lens of human rights. It identifies a significant correlation between the lack of protective guarantees for undocumented migrant workers and the various cases and consequences that ensue. From a human rights perspective, regulations prioritize equality before the law, protection, and anti-discrimination. This stance contrasts with existing laws that govern Indonesian migrant workers, wherein protection is exclusively extended to those legally recognized. Such exclusivity denies undocumented migrant workers the assurance of their fundamental rights. Arguably, the provision of basic rights and protections should be indiscriminately extended to all migrant workers, irrespective of their legal status. While the specifics of migrant worker placement can still be regulated concerning requirements, processes, involved parties, and responsibilities, these regulations must not infringe upon the fundamental human rights of individuals. Consequently, this paper advocates for a thorough evaluation of current legislation with respect to its content, the comprehension of involved stakeholders, and the practical implementation of regulations concerning the management of migrant workers.
Restorative Justice for Juvenile Drugs Use in Indonesian Court: A Criminological Approach Supaat, Dina Imam
Lex Publica Vol. 9 No. 1 (2022)
Publisher : APPTHI

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (208.665 KB) | DOI: 10.58829/lp.9.1.2022.94-110

Abstract

In Indonesia there are still many children who have been sentenced after the enactment of the Law on the Juvenile Criminal Justice System and other regulations. A question arises as to whether there are any obstacles in the application of Supreme CourtRegulation (PERMA) Number 4 of 2014. This paper reviews restorative justice for criminal juvenile drug use users. The method used in this research is a normative juridical approach using a case approach and a statute approach where the research is carried out by examining library materials which are secondary data. The results of the study show that PERMA Number 4 of 2014 regulates diversion against children whose charges are in the form of subsidiary, alternative, cumulative, or combination (combined). One of which is punishable by under 7 (seven) years in prison. Furthermore, PERMA No. 4 of 2014 has not fully provided legal protection for children, especially perpetrators of drug use crimes, so that PERMA needs further regulation in accordance with the provisions to avoid contradictions. Therefore, there is a need for consolidation between law enforcers to formulate legal certainty from the juvenile justice system.
Resolving Fishing Disputes in Lubuk Larangan in Kuantan Singingi, Riau Province Firmanda, Hengki; Supaat, Dina Imam; Wafi, Mahmud Hibatul; Sudjito, Sudjito; Lestari, Rika
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 3: December 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i3.1194

Abstract

This research aims to explain the rules of management of lubuk larangan in Kuantan Singingi, and formulate the settlement of fishing disputes at lubuk larangan in Kuantan Singingi. This research is sociological legal research. The research location is the villages where there are lubuk larangan in Kuantan Singingi Regency, namely lubuk larangan in Indarung Muara Lembu Subdistrict, lubuk larangan in Bandar Alai Kari Village, Kuantan Tengah Subdistrict, and lubuk larangan in Lubuk Jambi, Kuantan Mudik Subdistrict. Informants in this research include Customary Chiefs in Indarung Muara Lembu Subdistrict, Bandar Alai Kari Village, Central Kuantan Subdistrict, and in Lubuk Jambi, Kuantan Mudik Subdistrict, as well as the Chairman of the Kuantan Singingi Customary Institution. This research shows that the rules for managing lubuk larangan in Kuantan Singingi from three research locations differ in the way they are managed. Lubuk Larangan in Indarung is managed jointly and controlled by traditional leaders. Settlement of fishing disputes in lubuk larangan in Kuantan Singingi is carried out through a customary process led by the customary leader. If the offenders are traditional leaders, they can be sanctioned twice harder compared to ordinary people.
Construction of Telemedicine Implementation License Arrangements Application Based in Indonesia Hadiyantina, Shinta; Supaat, Dina Imam; Sudjati, Xaviera Qatrunnada Djana; Rahmatika, Nur Auliya; Maharani, Tiara
Arena Hukum Vol. 17 No. 2 (2024)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2024.01702.10

Abstract

Health services have become more accessible than ever due to the rise of telemedicine. Among the most popular are application-based telemedicine services, especially those offered by tech companies specialising in teleconsultation. In Indonesia, users are particularly drawn to e-services that partner with healthcare providers, pharmaceutical services or maternity care providers. However, unlike Malaysia and Singapore, which have made significant strides in telemedicine for their communities, Indonesia still faces a legal gap in regulating, implementing, guiding and overseeing telemedicine services—especially those that are application-based and developed by tech companies. This study adopts a juridical-normative approach, analysing Indonesian laws and regulations and comparing them with those in Malaysia and Singapore. Using statutory, conceptual and comparative methods, the study aims to generate specific ideas for implementing regulations to govern the licensing of application-based telemedicine in Indonesia. The findings indicate that Indonesia lacks specific licensing regulations for telemedicine services developed by tech companies. More detailed regulations could be introduced through government regulations that align with the legal framework and ‘beleidsregel’ (policy rules), utilising the discretionary authority of administrative officials to address this regulatory gap. This approach aligns with the legal principle lex semper dabit remedium, meaning ‘the law always provides a remedy’, resonating with the spirit of progressive law in society.
Integrating Islamic Principles with Modern Legal Frameworks: Addressing Children’s Origin in Religious Courts Sistyawan, Dwanda Julisa; Pakarti, Muhammad Husni Abdulah; Harmono, Harmono; Judijanto, Loso; Supaat, Dina Imam
Contemporary Issues on Interfaith Law and Society Vol. 4 No. 1 (2025): Intersections of Religious Diversity, Legal Frameworks, and Human Rights
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v4i1.20639

Abstract

This study investigates the legal complexities in determining the status of children born out of wedlock within the framework of Islamic family law, focusing on cases adjudicated by the Temanggung Religious Court. The research is driven by the increasing number of disputes related to birth records, the evidentiary role of DNA testing, and the legal implications for children's civil status and inheritance rights. Employing a normative legal research method, this study analyzes statutory regulations, authoritative legal literature, and selected court decisions to evaluate how legal norms are applied in actual case resolutions. The study aims to explore several critical issues: the implications of different birth records, the role of DNA testing in establishing paternity, and the legal recognition of children born out of wedlock in Islamic family law. Findings indicate that DNA testing has emerged as a pivotal tool in confirming biological paternity, thereby providing legal certainty and safeguarding children's inheritance rights. However, inconsistencies in birth record documentation often result in ambiguity and pose challenges in determining legal parentage. The jurisprudence of the Temanggung Religious Court demonstrates varied approaches, reflecting both the rigidity and adaptability of current legal interpretations in reconciling religious doctrine with scientific evidence. The study concludes that despite the availability of scientific methods, the absence of uniform legal standards contributes to inconsistencies in the protection of children's rights. Legal reform is therefore necessary to harmonize Islamic legal principles with modern evidentiary practices. Strengthening procedural clarity and integrating scientific proof within religious adjudication frameworks will promote a more equitable and rights-based approach in family law, particularly in matters of parentage and inheritance.
Co-Authors Devi Rahayu Harmono, Harmono Hengki Firmanda Judijanto, Loso Pakarti, Muhammad husni Abdulah Rahmatika, Nur Auliya Rika Lestari Shinta Hadiyantina Sistyawan, Dwanda Julisa Sudjati, Xaviera Qatrunnada Djana Sudjito Soeparman Tiara Maharani, Tiara Wafi, Mahmud Hibatul Yusuf, Mirna