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All Journal International Journal of Artificial Intelligence Research JUNCTO: Jurnal Ilmiah Hukum Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat
Qadriah, Fauza
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Computer Science & IT Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice

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Perlindungan Hukum Terhadap Kekerasan dalam Perkawinan: Tinjauan Hukum Islam dan RKUHP Qadriah, Fauza; Panjaitan, Budi Sastra
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9624

Abstract

This article aims to understand that marital violence as a form of sexual violence against women that occurs in a marital relationship. One of the causes of violence in marriage is the patriarchal culture that is still inherent in people's lives. This patriarchal culture allegedly causes gender injustice which results in the emergence of discrimination against women. This research is normative legal research because it uses a legislative approach with a focus on legal principles and legal principles as well as conceptual methods. The point of view of this writing is expressed by compiling verses of the Qur'an and hadith using maqasid as-shari'ah. The findings of this study show that efforts to handle a wife who is a victim of marital violence must be in line with the purpose of Islamic law, namely the protection of the five main principles in Islam, namely preserving religion, soul, intellect, descendants and property. Marimal violence is prohibited in marriage, as it has a long-term negative impact on the wife. In addition, violence in marriage that is prohibited by law can result in mafāsid muharramāt al-tahṣîl (the bad effects of something that is haram) or mafāsid makrūhāt al-tahṣîl (the bad effects of something makruh). Keywords: Violence in marriage, Domestic Violence, Patriarchy, Maqasid As-shari'ah, Islamic Law
Putusan Hakim Pada Penyelesaian Nafkah Anak (Telaah Undang undang Perlindungan Anak) Qadriah, Fauza; Sukiati, Sukiati; Nurasiah, Nurasiah
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 2 (2024): Edisi Januari 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i2.8685

Abstract

The purpose of this research is to find out how child support is fulfilled based on the decisions of the Banda Aceh Syar'iyah Court, the factors that are taken into consideration by judges regarding child support after divorce. This research is normative legal research. By using two approaches, namely the statutory approach and the case approach, this research examines the decisions of 5 (five) judges from the Sharia Court. The research results show that in general the judges make child support decisions in the form of monthly support only, without including the child's health and education costs. Factors that influence the judge's consideration in deciding the type of child support are judicial considerations. Unfortunately, most of the judges' considerations are only based on the provisions for providing postdivorce child support from the marriage law. By ignoring child protection laws and the compilation of Islamic law, which in fact also provides provisions for fulfilling child support after divorce which provides more protection for children in terms of meeting needs from various aspects. This study recommends that the judicial authority make decisions regarding the fulfillment of child support after divorce more progressively by considering aspects that provide protection for children. Apart from that, the juridical basis of protection laws and KHI can also be adopted for the benefit of children. Keywords: Child Support, Judge's Decision, Child Protection
Efektivitas dan Tantangan Kebijakan Hukum Pidana Korupsi: Perbandingan Indonesia, Singapura, Hong Kong, dan Malaysia Qadriah, Fauza; Ramadi, Bagus; Aminudin, Aminudin
JUNCTO: Jurnal Ilmiah Hukum Vol 7, No 1 (2025): JUNCTO : Jurnal Ilmiah Hukum JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/juncto.v7i1.6162

Abstract

This article aims to analyze the criminal law policy in handling corruption cases in Indonesia both normatively and empirically, as well as to conduct a comparative study with several other countries. The research adopts a normative legal approach through literature review and secondary data analysis, supported by an empirical examination of the effectiveness of law enforcement. The findings indicate that Indonesia has a comprehensive anti-corruption criminal legal framework, severe sanctions, and specialized institutions such as the Corruption Eradication Commission (KPK). However, the country still faces challenges in implementation, including overlapping authorities among law enforcement agencies, lack of institutional independence, and a deeply rooted culture of corruption. Comparisons with other countries reveal that the key factors in successful anti-corruption policies are strong political will, consistent and impartial law enforcement, an independent judiciary, and a deeply embedded anti-corruption culture. Based on this analysis, the study recommends strengthening the independence of the KPK, enhancing coordination among law enforcement agencies, improving the legal framework, and reforming bureaucratic culture to increase the effectiveness of corruption prevention and eradication efforts in Indonesia.
Legal Policies for the Protection of Children's Rights After Divorce: A Comparative Study of Malaysia, Singapore, and Indonesia Qadriah, Fauza; Yuslem, Nawir; Yadi Harahap, Mhd.
International Journal of Artificial Intelligence Research Vol 9, No 1.1 (2025)
Publisher : Universitas Dharma Wacana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29099/ijair.v9i1.1.1560

Abstract

Divorce has a significant impact on children, particularly concerning the fulfillment of their custody, financial support, and psychosocial well-being. This study analyzes legal policies on the protection of children's rights after divorce in indonesia, malaysia, and singapore through a comparative law approach. Using normative and empirical juridical methods, this research examines existing legal regulations and the effectiveness of their implementation based on court case data, divorce statistics, and interviewxs with legal experts. The findings indicate that while all three countries have regulations ensuring children's rights post-divorce, gaps remain in their implementation. In indonesia, weak enforcement mechanisms for child support lead to many children losing their financial entitlements. Malaysia’s dual legal system (sharia and civil) sometimes delays the execution of child support rights. Meanwhile, singapore has developed an integrated system with a therapeutic justice approach, including mandatory mediation and more effective enforcement mechanisms. This study recommends establishing a child support enforcement unit in indonesia, harmonizing legal procedures in malaysia, and enhancing psychosocial support programs in singapore. Legal reforms incorporating best practices from these three countries are expected to improve the protection of children's rights after divorce.
Perlindungan Hukum Terhadap Kekerasan dalam Perkawinan: Tinjauan Hukum Islam dan RKUHP Qadriah, Fauza; Panjaitan, Budi Sastra
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 3 (2024): Edisi Mei 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i3.9624

Abstract

This article aims to understand that marital violence as a form of sexual violence against women that occurs in a marital relationship. One of the causes of violence in marriage is the patriarchal culture that is still inherent in people's lives. This patriarchal culture allegedly causes gender injustice which results in the emergence of discrimination against women. This research is normative legal research because it uses a legislative approach with a focus on legal principles and legal principles as well as conceptual methods. The point of view of this writing is expressed by compiling verses of the Qur'an and hadith using maqasid as-shari'ah. The findings of this study show that efforts to handle a wife who is a victim of marital violence must be in line with the purpose of Islamic law, namely the protection of the five main principles in Islam, namely preserving religion, soul, intellect, descendants and property. Marimal violence is prohibited in marriage, as it has a long-term negative impact on the wife. In addition, violence in marriage that is prohibited by law can result in mafāsid muharramāt al-tahṣîl (the bad effects of something that is haram) or mafāsid makrūhāt al-tahṣîl (the bad effects of something makruh). Keywords: Violence in marriage, Domestic Violence, Patriarchy, Maqasid As-shari'ah, Islamic Law
Putusan Hakim Pada Penyelesaian Nafkah Anak (Telaah Undang undang Perlindungan Anak) Qadriah, Fauza; Sukiati, Sukiati; Nurasiah, Nurasiah
Jurnal Hukum Kaidah: Media Komunikasi dan Informasi Hukum dan Masyarakat Vol 23, No 2 (2024): Edisi Januari 2024
Publisher : Universitas Islam Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30743/jhk.v23i2.8685

Abstract

The purpose of this research is to find out how child support is fulfilled based on the decisions of the Banda Aceh Syar'iyah Court, the factors that are taken into consideration by judges regarding child support after divorce. This research is normative legal research. By using two approaches, namely the statutory approach and the case approach, this research examines the decisions of 5 (five) judges from the Sharia Court. The research results show that in general the judges make child support decisions in the form of monthly support only, without including the child's health and education costs. Factors that influence the judge's consideration in deciding the type of child support are judicial considerations. Unfortunately, most of the judges' considerations are only based on the provisions for providing postdivorce child support from the marriage law. By ignoring child protection laws and the compilation of Islamic law, which in fact also provides provisions for fulfilling child support after divorce which provides more protection for children in terms of meeting needs from various aspects. This study recommends that the judicial authority make decisions regarding the fulfillment of child support after divorce more progressively by considering aspects that provide protection for children. Apart from that, the juridical basis of protection laws and KHI can also be adopted for the benefit of children. Keywords: Child Support, Judge's Decision, Child Protection
Co-Authors Aminudin, Aminudin Nawir Yuslem, Nawir Nurasiah Nurasiah Panjaitan, Budi Sastra Ramadi, Bagus Sukiati Sukiati Yadi Harahap, Mhd.