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All Journal PROCEEDING ICTESS (Internasional Conference on Technology, Education and Social Sciences) Al-MIKRAJ: Jurnal studi Islam dan Humaniora MILRev: Metro Islamic Law Review International Journal of Sustainability in Research (IJSR)
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

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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

Show Abstract | Download Original | Original Source | Check in Google Scholar

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.
Pertanggungjawaban Pidana Terhadap Tindak Pidana Pertambangan di Wilayah Konservasi di Indonesia (Studi Kasus Kawasan Ekosistem Leuser di Aceh) Mochamad Rizal Tsany; Hartiwiningsih; Sulistyanta
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.v6i1.9295

Abstract

This study examines the issuance of a Production Operation Mining Business License (IUP) within the Kawasan Ekosistem Leuser and analyzes the potential criminal liability of public officials for granting such license. The case concerns the Decree of the Head of the Investment Coordinating Board (BKPM) No. 66/I/IUP/PMA/2017, which upgraded PT Emas Mineral Murni’s license to production operations covering 10,000 hectares, despite the environmental feasibility approval (AMDAL) only covering 3,620 hectares and part of the area being located within a legally protected conservation zone. Using a normative juridical method with statutory and case approaches, this research analyzes the decisions of the Mahkamah Agung Republik Indonesia No. 91 K/TUN/LH/2020 and No. 77 PK/TUN/LH/2021. The findings indicate serious administrative defects and the potential fulfillment of the elements of abuse of authority under Article 604 of the Criminal Code, provided that intent or gross negligence can be established, thereby demonstrating that the issuance of mining licenses in conservation areas may give rise not only to administrative annulment but also to criminal liability.
Co-Authors Adi Sulistiyono Emmy Latifah Gunarto Mochamad Rizal Tsany Sri Dwi Retno Ningsih Sulistyanta Wahid, Mochamad Ananda Wyman