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Perlindungan Hukum Terhadap Hak Asasi Manusia Dalam Hukum Tata Negara Kuswan Hadji; Devina Angelica; Efi Lailatun Nisfah; Erlingga Savril Maharani; Herfita Ayu Nayla; Clara Oktaviana
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v2i3.851

Abstract

Human rights are fundamental rights inherent in every individual without exception, which must be respected, protected, and fulfilled by the government in accordance with the principles of applicable constitutional law. This study aims to analyze the legal protection of human rights in the context of constitutional law. The research method used is a descriptive analytical approach that discusses the concept of human rights, its relation to constitutional law, as well as concrete steps that can be taken by the government to ensure effective human rights protection. The results showed that legal protection of human rights in constitutional law is very important to maintain a balance between state power and individual rights. A balance between individual freedom and public interest is needed in carrying out government duties in accordance with the constitution and applicable laws and regulations. This research is expected to provide deeper insight into efforts to protect human rights within the framework of constitutional law, and can be a reference for governments, legislative institutions, and law enforcement agencies in improving human rights protection as one of the key aspects in realizing a democratic and just rule of law.
Peran Teknologi dalam Mengurangi Pajak di Era Digital Herfita Ayu Nayla; Clara Oktaviana; Desriana, Kurniawati Dwi
Judge : Jurnal Hukum Vol. 6 No. 02 (2025): Judge : Jurnal Hukum
Publisher : Cattleya Darmaya Fortuna

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54209/judge.v6i02.1331

Abstract

Tax evasion is an illegal act committed by taxpayers to reduce the amount of tax payment that should be paid according to the prevailing laws and regulations. This act may involve document forgery, inaccurate data reporting, failure to report income, false expense claims, and the use of fake tax invoices. Tax evasion reflects a disregard for formal tax obligations by parties who are supposed to comply with the national tax system. This study aims to describe and analyze the role of information technology in minimizing tax evasion practices in the digital era. Using a descriptive qualitative approach, this study explores how information technology can enhance transparency, efficiency, and accuracy within the tax system and strengthen oversight of taxpayer behavior.
Tinjauan Sosio-Legal terhadap Pembatalan Hibah Orang Tua kepada Anak dalam Perspektif Hukum Islam di Indonesia Nabila Raihana; Clara Oktaviana; Herfita Ayu Nayla; Kurniawati Dwi Desriana; Sulistiowati Sulistiowati; Dyah Hayu Woro Indrasti; Najwa Aulia Widyaningrum; Ersy Aulia Anggraeni
JOURNAL OF ADMINISTRATIVE AND SOCIAL SCIENCE Vol. 6 No. 1 (2025): Journal of Administrative and Social Science
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jass.v6i1.2106

Abstract

Hibah is a form of voluntary gift given by a person to another while the giver is still alive. In practice, hibah often leads to legal issues, especially when a revocation occurs, which frequently results in disputes between the donor and the recipient. This study employs a normative approach using qualitative methods to examine the causes and legal implications of hibah revocation, as well as the requirements that must be fulfilled for the revocation to be legally valid under Islamic law. The findings indicate that revocation is permissible under certain conditions, such as when the hibah contradicts its intended purpose, exceeds one-third of the donor’s assets, or the recipient commits a breach of agreement. In Islamic law, there are differing opinions among schools of thought regarding the permissibility of revoking hibah given to one’s child. However, according to the Compilation of Islamic Law (KHI), parents have the right to revoke a hibah at any time. The legal consequences of revoking a hibah include the loss of ownership rights over the gifted property, potential family conflicts, and prolonged litigation processes. Therefore, a comprehensive understanding of the legal terms and conditions of hibah is essential to avoid future disputes.
Kebijakan Hukum Pidana dalam Penanggulangan Penyalahgunaan Narkotika Intan Nur'Aini; Anindya Intan Pandini; Herfita Ayu Nayla; Nanda Patmawati
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 2 No. 3 (2025): Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v2i3.994

Abstract

The abuse of narcotics and psychotropic substances has become increasingly widespread in Indonesia. These two dangerous substances can damage the morals of the younger generation, which is why the Indonesian government enacted Law No. 35 of 2009 concerning Narcotics and Psychotropic Substances. With the implementation of this regulation, it is expected that illegal drug use will be reduced. The form of research we used is qualitative, by collecting data from various sources and conducting. The results of our study show that illegal narcotics use in Central Java remains relatively high, especially in the city of Semarang. This is due to factors such as free social interaction and the influence of Western culture. This issue needs to be addressed by the authorities, such as the Central Java National Narcotics Agency (BNN) and the Central Java Regional Police. Our research also found several cases of narcotics abuse in Magelang. The government and law enforcement officials must strengthen rehabilitative approaches for drug users so that they are not solely subjected to criminal penalties, but are also given sanctions through medical and social rehabilitation processes.
Tumpang Tindih Fungsi Pengawasan Komisi Yudisial dan Mahkamah Agung: Tantangan dalam Mewujudkan Peradilan yang Berintegritas Cindy Amalia; Kurnia Ayu Agustin; Prastian Nur Huda; Herfita Ayu Nayla; Damar Arrya Akbar A
Jurnal Ilmu Sosial dan Humaniora Vol. 1 No. 4 (2025): OKTOBER-DESEMBER
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/x2byrn05

Abstract

The judiciary plays an important role in upholding law and justice in Indonesia. To maintain the integrity of judges, two supervisory bodies were established: the Judicial Commission (KY) and the Supreme Court (MA). However, in practice, there is often an overlap of authority between the two institutions, especially in terms of overseeing the behavior of judges. This research aims to trace the root of the overlapping issues by reviewing the legal basis governing the authority of the Judicial Commission (KY) and the Supreme Court (MA), and its impact on the independence of the judiciary. The method used is normative juridical with a statutory and conceptual approach, as well as examining several Constitutional Court decisions related to this issue. The study results indicate that the overlap in oversight functions is caused by unclear boundaries of authority as stipulated in the law, leading to potential institutional conflict. Going forward, it is necessary to align regulations and improve coordination between the Judicial Commission (KY) and the Supreme Court (MA) so that the oversight function can operate more effectively without disrupting the independence of the judiciary.