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All Journal PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Al-MIKRAJ: Jurnal studi Islam dan Humaniora Jurnal Pengabdian Masyarakat: BAKTI KITA MILRev: Metro Islamic Law Review International Journal of Sustainability in Research (IJSR) Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Hartiwiningsih
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Factors Causing Forced Marriage of Minors : (Sociological Review of Law) Gunarto; Hartiwiningsih
PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Vol 5 No 1 (2023): PROCEEDINGS ICTESS: "Human Security in Multidisciplinary Perspective” (Mainstream
Publisher : Universitas Slamet Riyadi Surakarta

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Abstract

Marriage is a bond that binds two human beings in a bond called household. Where the basic principle of a marriage is the agreement ofboth parties who will marry to unite the principles and responsibilities in running the household in the future. Children are gifts from Godthat are entrusted to both parents to be raised and educated according to the rules that apply. In the laws and regulations in Indonesia,children are also protected by the state regarding children's rights to live and get a decent life and education. In its journey there have beenso many cases of underage child marriages that have occurred due to forced marriages. The rise of forced marriage at an early age hasattracted the attention of all parties, both from the government and society, to address this problem. The high number of child marriages isa threat to the fulfillment of children's basic rights. The research method used is an normative research method with a legal sociologicalapproach. Early age forced marriages occur due to several factors, namely cultural factors, parents' wishes, lack of knowledge about positivelaw in Indonesia, incidents of immoral violations, and economic factors. Each of the factors that cause forced marriage at an early age hasan impact that can affect the child's survival.Keywords: Forced Marriage, Impact of Early Childhood Forced Marriage
The Effectiveness of Death Penal Sanction in Eradicating Corruption Crime in Indonesia Viewed from the Political Aspect of Law Wahid, Mochamad Ananda Wyman; Hartiwiningsih
International Journal of Sustainability in Research Vol. 2 No. 5 (2024): September 2024
Publisher : MultiTech Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59890/ijsr.v2i5.2452

Abstract

In eradicating corruption in Indonesia, legal politics plays a role as a tool of approach by prioritizing the benefits of law by making legal discoveries or reforms according to social phenomena in society and the urgency of legal needs in terms of law enforcement. The politics of the death penalty in an effort to eradicate corruption is only regulated in Article 2 paragraph (2) of the Corruption Crime Law. Although in its development the DPR (government) has passed Law No. 1 of 2023 concerning the Criminal Code and included the crime of corruption in the new Criminal Code as a new breakthrough in eradicating the crime of corruption, in fact in its regulation the DPR (government) did not include the death penalty in the new Criminal Code for the crime of corruption.
Safeguarding Maritime Sovereignty: Comparative Law Enforcement against Illegal Fishing in Positive and Contemporary Islamic Law Sri Dwi Retno Ningsih; Adi Sulistiyono; Hartiwiningsih; Emmy Latifah
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11303

Abstract

Illegal fishing poses a critical threat to maritime sovereignty, undermining national security, ecological sustainability, and economic stability. This study conducts a comparative analysis of law enforcement against illegal fishing under Indonesian positive law and contemporary Islamic law. Employing a qualitative legal research method supported by statutory, case, and conceptual approaches, it examines the normative foundations, enforcement challenges, and philosophical principles underpinning both systems. The findings show that Indonesian positive law provides a comprehensive regulatory framework through instruments such as Law No. 45/2009 and the Fisheries Act. However, its enforcement faces significant obstacles, including jurisdictional overlaps, limited institutional resources, and weak interagency coordination. In contrast, contemporary Islamic law frames marine resource protection as part of ḥimāyah al-bi’ah (environmental protection) and maṣlaḥah (public welfare), advocating community-based accountability and ethical stewardship rooted in moral responsibility. The study highlights the potential for normative synergy between the two systems, suggesting that integrated legal pluralism could enhance maritime governance by balancing legal deterrence with ethical imperatives. Such an approach promotes not only compliance but also shared moral commitment to resource preservation. This research contributes to the discourse on environmental justice within Islamic jurisprudence and offers policy recommendations for strengthening enforcement mechanisms through a holistic, values-based legal framework.
Penegakan Hukum atas Tindak Pidana Pencurian oleh Pengidap Kleptomania (Studi Putusan Nomor 32/Pid.B/2018/PN Kpg dan 574/Pid.B/2019/PN.Dps) Lorenza Ainun Merdekawati; Hartiwiningsih; Anita Zulfiani
AL-MIKRAJ Jurnal Studi Islam dan Humaniora (E-ISSN 2745-4584) Vol. 6 No. 1: AL-Mikraj Jurnal Studi Islam dan Humaniora
Publisher : Pascasarjana Institut Agama Islam Sunan Giri Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almikraj.v6i1.9766

Abstract

Kleptomania is a disorder of habit and impulse that drives sufferers to steal compulsively, not for economic motives. This condition creates significant legal complexities, particularly in applying criminal liability as regulated under Article 44 of the Criminal Code regarding grounds for exemption from punishment. This study aims to analyze law enforcement regarding theft crimes committed by kleptomaniacs in Indonesia and to identify obstacles encountered in the enforcement process. This research employs a normative legal method using statutory and case approaches, examining two court decisions: Decision Number 32/Pid.B/2018/PN Kpg and Decision Number 574/Pid.B/2019/PN.Dps. The results indicate inconsistency in law enforcement against theft perpetrators who suffer from kleptomania. The first decision adopted a rehabilitative approach by mandating psychiatric treatment, while the second was more retributive without a rehabilitation order. Identified obstacles include weak legal substance, complexity of clinical proof, stigma against mental disorders in legal culture, and philosophical tension between punishment and medical rehabilitation needs.
Human Rights in the Prospect of Implementing Non-Conviction Based Asset Forfeiture in Corruption Cases in Indonesia Vincentius Patria Setyawan; Hartiwiningsih; Erna Dyah Kusumawati
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 4 No. 3 MEI 2026
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

Non-Conviction Based Asset Forfeiture (NCB AF) is an alternative legal mechanism that allows the state to recover assets derived from corruption without requiring a prior criminal conviction. This mechanism has gained global relevance as corruption often involves complex transactions, shell companies, and transnational financial flows that hinder criminal prosecution. However, the application of NCB AF raises significant human rights concerns, particularly regarding the presumption of innocence and the right to property. This study examines the human rights implications of implementing NCB AF in corruption cases within Indonesia’s legal system using a normative juridical and comparative approach. The comparative analysis draws insights from the United Kingdom, the United States, and the Philippines jurisdictions that have successfully balanced asset recovery objectives with fundamental rights protections. The findings indicate that while NCB AF strengthens Indonesia’s anti-corruption strategy, its implementation must incorporate strict procedural safeguards and judicial supervision to prevent arbitrary deprivation of property. The study concludes that a balanced legal framework integrating effective asset recovery with human rights protection is essential to ensure justice, accountability, and the legitimacy of the state’s anti-corruption efforts.
PENGUATAN KESADARAN HUKUM MASYARAKAT MELALUI EDUKASI ASPEK PIDANA PENGELOLAAN SAMPAH DI WILAYAH KADIPIRO SURAKARTA Hartiwiningsih; Anita Zulfiani; Subekti; Diana Lukitasari; Lushiana Primasari; Dian Esti Pratiwi; Elsa Febri Saputri; Dewi Lanjarwati Kusumaningrum
Jurnal Pengabdian Masyarakat : BAKTI KITA Vol. 7 No. 2 (2026): Mei - Oktober
Publisher : LPPM Universitas Islam Darul 'Ulum Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52166/baktikita.v7i2.14037

Abstract

Waste management is essential for achieving a clean and healthy environment. However, improper waste management practices are still found in Kadipiro, Surakarta City. Waste management is regulated under Surakarta City Regional Regulation No. 4 of 2022, which establishes obligations and sanctions for violations. This study aims to analyze community waste management culture and the level of public understanding of the legal consequences of waste management violations. The study employs a mixed-method approach combining normative and empirical legal approaches. The activity was conducted on July 18, 2026, in Kadipiro Village, Banjarsari District, Surakarta City, involving 17 respondents. Data were collected through observation, structured questionnaires, and interviews with community members and parties involved in waste management at the village level, complemented by legal education activities. The data were analyzed qualitatively by comparing normative legal provisions with empirical findings. The results show that the community's waste management culture remains suboptimal. Although 82.4% of respondents stated that they consistently separated household waste, open burning and indiscriminate waste disposal were still found. Public understanding of the legal consequences of waste management violations also requires improvement. Therefore, continuous legal education, supervision, and community participation are needed to improve compliance and foster a responsible waste management culture. The findings indicate that strengthening waste management culture through increased understanding of regulations and their legal consequences is an important factor in achieving effective and sustainable waste management.
Co-Authors Adi Sulistiyono Anita Zulfiani Anita Zulfiani Dewi Lanjarwati Kusumaningrum Dian Esti Pratiwi Diana Lukitasari Elsa Febri Saputri Emmy Latifah Erna Dyah Kusumawati Gunarto Lorenza Ainun Merdekawati Lushiana Primasari Sri Dwi Retno Ningsih Subekti Vincentius Patria Setyawan Wahid, Mochamad Ananda Wyman