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All Journal Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Al-Jinayah: Jurnal Hukum Pidana Islam POLITICA: Jurnal Hukum Tata Negara dan Politik Islam Acitya Wisesa: Journal of Multidisciplinary Research RechtIdee
Mufidah, Nuruz Zakiyatul
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Religion Agriculture, Biological Sciences & Forestry Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Physics Social Sciences

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Disharmonisasi Konsep Hukum Dalam Undang-Undang Administrasi Pemerintahan di Indonesia Mufidah, Nuruz Zakiyatul
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.8753

Abstract

Regularity and suitability between legislations and concepts of law are commonly used very important. that's aim to ensure certainty of law. regularity and stability are called harmonization in law. The law Number 30/2014 about administrative Governance is the first law for the management of decision-making and/or actions for government officials and/or government bodies in the Indonesian government. The People's Representative Council takes 10 years to draft a law about governance administration. So, The drafting of this law should have no gaps. the drafting harmonizes with other legislations and commonly used legal concepts in Indonesian law. Therefore, it is necessary to do legal research using a statute approach and a conceptual approach. The aim of this research is so that the research results can be used to revise administrative law in the future. As A result of this research, many concepts in the administration government of law are not harmonized with other legislations and commonly used legal concepts. Firstly, administrative law concepts, secondly Court concepts, thirdly government concepts, fourthly disharmonization concepts of administration decree, and fifthly disharmonization of legal forming princips, sixty disharmonization concession concepts and then the drafting does not harmonize between norm and implementation.
DIGITAL CONTENT CRIMES IN CRIMINAL LIABILITY Hakiki, Azizul; Mufidah, Nuruz Zakiyatul; Kunarso, Kunarso; Setyawati, Natalia
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i3.651

Abstract

The retransmission or plagiarism of digital content on online platforms infringes intellectual property rights, especially copyright, and violates provisions related to electronic information. These actions include modifying, duplicating, rebroadcasting, or concealing the authenticity of works such as videos, photos, and music, which damages the moral and economic rights of the creator. This research uses a normative method to examine the classification of criminal acts of plagiarism in the Copyright Law and the ITE Law and the criminal sanctions imposed, namely imprisonment or fines in accordance with applicable regulations. The act of duplicating and plagiarizing digital content such as photos, videos, music, and other works with digital tools or through other irresponsible people violates the Copyright Law and ITE Law, so it can be subject to criminal sanctions or fines. This offense is considered to be committed intentionally, detrimental to the creator morally and economically, and will be sanctioned in accordance with applicable legal provisions. The result showed that people or groups who commit digital content crimes, like duplicating or plagiarizing copyrighted works on digital platforms, will face criminal liability under the Copyright Law and Electronic Transaction Information Law. These intentional acts, often done for commercial gain, violate the creator’s moral and economic rights and may result in imprisonment or fines as outlined in the law.
The Translocation of The Indonesian Capital City in Economic Analysis of Law Perspective Mufidah, Nuruz Zakiyatul; Hadi, Fikri
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 27 No 2 (2024): Al-Qanun, Vol. 27, No. 2, Desember 2024
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2024.27.2.157-170

Abstract

In August 2019, the President of Republic of Indonesia gave speech on an idea of the translocation of the Indonesian capital city. The new capital city has also already decided by the President. The decision is made before the legal analysis including the legal basis of the decision to have new capital city. This paper will analyze about the translocation of the Indonesian capital city from the perspective of economic analysis of law. The argument in this paper is written as a socio-legal research. This paper ends up with the conclusion that the concept of the Indonesian capital city is ineffective and inefficient from the perspective of economic analysis of law. There is no legal basis of the translocation of the Indonesia capital city. Besides, the masterplan of the new capital city does not accommodate the central business district for the industrial area, whereas the industrial area, at least state-owned enterprises of Indonesia should be located near the seat of government.  
Redesign of DPD RI’s Authority for Monitoring and Evaluation Raperda dan Perda as Derivative Supervision Mufidah, Nuruz Zakiyatul; Habibi, Miftakhur Rokhman; Sudarsono, Galih Putri; Ngaisah, Siti
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 28 No 1 (2025): Al-Qanun, Vol. 28, No. 1, Juni 2025
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2025.28.1.73-85

Abstract

There is a change in the scheme of monitoring draft local regulations (Raperda) and local regulations (Perda) since the amendment of Law No. 17/ 2014 about MPR, DPR, DPD, and DPRD. This amendment was made through Law No. 2 /2018 by adding Article 249 paragraph (1), letter j, by providing new authority for the House of Regional Representatives (DPD RI). The new authority of the DPD RI is to monitor and evaluate the draft local regulations (Raperda) and local regulations (Perda). The problem is that in the Indonesian constitutional system, the supervision of the draft local and local regulations is not the territory of DPD RI. So, it is true that the authority is given but cannot be implemented. The research concluded that derivative supervision can help translate DPD RI’s new authority to oversee regional legal products.  
Disharmonisasi Konsep Hukum Dalam Undang-Undang Administrasi Pemerintahan di Indonesia Mufidah, Nuruz Zakiyatul
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.8753

Abstract

Regularity and suitability between legislations and concepts of law are commonly used very important. that's aim to ensure certainty of law. regularity and stability are called harmonization in law. The law Number 30/2014 about administrative Governance is the first law for the management of decision-making and/or actions for government officials and/or government bodies in the Indonesian government. The People's Representative Council takes 10 years to draft a law about governance administration. So, The drafting of this law should have no gaps. the drafting harmonizes with other legislations and commonly used legal concepts in Indonesian law. Therefore, it is necessary to do legal research using a statute approach and a conceptual approach. The aim of this research is so that the research results can be used to revise administrative law in the future. As A result of this research, many concepts in the administration government of law are not harmonized with other legislations and commonly used legal concepts. Firstly, administrative law concepts, secondly Court concepts, thirdly government concepts, fourthly disharmonization concepts of administration decree, and fifthly disharmonization of legal forming princips, sixty disharmonization concession concepts and then the drafting does not harmonize between norm and implementation.
The Urgency of Civil Code Reform That Is Responsive to the Needs of Modern Digital Business Munawaroh, Siti; Mufidah, Nuruz Zakiyatul; Haryadi, Wahyu Tris; M. Tilman, Alarico
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.31551

Abstract

The rapid advancement of Indonesia’s digital economy and e-commerce sector has significantly contributed to economic growth, job creation, and financial inclusion. Nevertheless, the prevailing civil law framework, which remains rooted in the colonial-era Indonesian Civil Code (KUH Perdata), is increasingly viewed as inadequate for regulating electronic transactions, consumer protection, and digital business innovation. The Electronic Information and Transactions Law (UU ITE) also fails to provide comprehensive regulation in these areas. Therefore, modernizing the Civil Code is imperative to accommodate the needs of digital transactions, ensure legal certainty, and enhance national competitiveness. This study employs a normative legal research method, utilizing statutory and conceptual approaches, and examines legal doctrines, theories, and expert opinions to analyze the necessity of civil law reform in the digital era. The findings indicate that the rigidity and ambiguity of the current Civil Code create legal vacuums, particularly concerning electronic contracts, smart contracts, and digital data protection,substantive reform of the Civil Code.
The Synergy between PPATK and Investigators in In Rem Asset Forfeiture within Civil Forfeiture Procedures : Sinergitas PPATK dan Penyidik pada Perampasan Aset Secara In Rem dalam Prosedur Civil Forfeiture Djalil, Mochammad; Mufidah, Nuruz Zakiyatul; Habibi, Miftakhur Rokhman
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 11 No. 2 (2025): December 2025
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2025.11.2.174-192

Abstract

Asset confiscation arising from criminal acts, particularly corruption, is a vital instrument for preventing offenders from enjoying illicit gains and for restoring state financial losses. However, Indonesia’s asset recovery rate remains low due to regulatory challenges, weak interagency coordination, and limited Non-Conviction-Based Asset Forfeiture (NCB) mechanisms. Therefore, new legal formulations are required to address these obstacles. This study employs legal research methods, including statutory, conceptual, and case approaches. The findings indicate that the in rem approach, which targets assets without requiring criminal conviction, is more efficient and adaptive in combating corruption, aligning with UNCAC 2003 recommendations. Effective synergy between the Financial Transaction Reports and Analysis Center (PPATK) and investigators is crucial for asset tracing, freezing, and confiscation, despite ongoing issues with data access and regulatory harmonization. Legal reform, strengthened international cooperation, and the protection of human rights are essential to optimize asset confiscation for justice and state financial recovery.
Integrasi Kebijakan Hukum dan Nilai-nilai Kearifan Lokal dalam Mewujudkan Pelayanan Dasar yang Optimal Ngaisah, Siti; Mufidah, Nuruz Zakiyatul; Sumaryanto, A. Djoko
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 28 No 2 (2025): Al-Qanun, Vol. 28, No. 2, Desember 2025
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2025.28.2.231-243

Abstract

This study explores the integration of national legal policies with local wisdom values as a strategic approach to realizing optimal basic public services and ensuring social justice in Indonesia. It highlights challenges in policy implementation, including centralistic legal frameworks that often overlook indigenous cultural values, leading to social resistance and conflicts.. The research emphasizes the importance of harmonizing national laws with local wisdom through adaptive, pluralistic legal mechanisms and participatory governance models. Case studies demonstrate how local legal products, customary dispute resolutions, and community-based governance strengthen social cohesion and legitimacy of law. The paper further recommends enhancing legal literacy, capacity building for local actors, and multi-stakeholder collaboration involving government, customary institutions, academia, and civil society to foster inclusive, responsive, and sustainable legal frameworks. Innovative public service models rooted in local cultural practices are shown to improve accountability, participation, and resilience. This integrative approach not only protects constitutional rights and indigenous heritage but also supports environmentally sustainable development and equitable public service delivery, contributing to national cohesion and governance effectiveness.
Co-Authors Djalil, Mochammad Fikri Hadi Galih Putri Sudarsono Habibi, Miftakhur Rokhman Hakiki, Azizul Haryadi, Wahyu Tris Kunarso Kunarso M. Tilman, Alarico Natalia Setyawati, Natalia Ngaisah, Siti Siti Munawaroh Sumaryanto, A. Djoko