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All Journal LAW REFORM Al-Ahkam Al-'Adl Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan JURIS (Jurnal Ilmiah Syariah) International Journal of Law and Society Jurnal Pengabdian Hukum Indonesia
Masum, Ahmad
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage Nur Hadi, Mukhammad; Ali Sabri, Fahruddin; Masum, Ahmad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7352

Abstract

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.
Problems of Legal Implementation of the Criminal Offense of Spreading Fake News and Hate Speech in Papua Budiyanto, Budiyanto; Masum, Ahmad; Aidonojie, Paul Atagamen; Aslan, Jamal
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.64881

Abstract

Social media users throughout the world are growing rapidly, to the point where they can cause commotion in society, in this case the state is present to overcome the commotion that occurs through a set of special regulations regarding the spread of fake news and hate speech. However, in law enforcement practices, specifically at the Papua Regional Police, there is still misleading between the limits of freedom of opinion and the offense of spreading fake news and hate speech. This research will analyze the strict limits in law enforcement regarding the criminal offense of spreading fake news and hate speech with freedom of expression in Papua. This research uses normative juridical research methods. The research results show that the problem of spreading fake news and hate speech in Indonesia has been regulated in various regulations, but its implementation still does not provide a sense of justice for victims. Judges' sentences tend to be lower than the demands, so the perpetrator's sentence is still too light. Especially related to actions that cause riots or conflict in Papua. So regarding the offense of spreading fake news and hate speech, it is important to reformulate the formulation regarding prohibited acts, criminal liability, types of punishment, and forms of legal settlement. Special minimum sentences need to be clearly regulated for criminal acts that have an impact on conflict and unrest, such as the crime of spreading fake news and hate speech.
Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya Hadi, Mukhammad Nur; Syatta, Indy Mafiiqo; Safitri, Eka; Sabri, Fahruddin Ali; Masum, Ahmad
Al-Ahkam Vol 33, No 2 (2023): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2023.33.2.17591

Abstract

This paper traces the perception of Generation Z Muslims in Surabaya about marriage dowry. Data was obtained from questionnaires distributed to them, and finally received 174 respondents. Two things that were tracked were their perception of the Regional Minimum Wage-based dowry quality and quantity standards and their legal paradigm towards the idea of wage-based dowry. This study shows two important things. First, most of them disagree with wage-based dowry in the context of quantity. On the other hand, in the context of quality, they agree that dowry should be of productive value. At this point, they display a unique position because productivity is interpreted dually, wage-based standards and not. Second, they respond to this issue using four paradigms: sociological, normative, anthropological, and juridical. Sociological and juridical paradigms create the value of reciprocal protection, male and female. The normative paradigm establishes the importance of patriarchal protection. While the anthropological paradigm is more binding on the preservation of tradition. Here, it can be seen that the paradigm influence of protection on women in the context of wage-based dowry standards is quite strong, although sometimes women are trapped in a patriarchal paradigm.
Actualizing Islamic Economic Law in the Digital Era: A Study of the Application of Khiyar al-Majlis in Electronic Contracts Muhammad, Pauzi; Arianti, Farida; Masum, Ahmad; Rani, Marnia
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.11573

Abstract

This research was motivated by the emergence of electronic contracts, while every contract contains provisions and implementation of khiyar al-majlis, namely the right of the parties to the transaction to choose to continue or cancel a business transaction as long as the parties are still present at the transaction location. Due to the unclear existence and mechanism for implementing khiyar al-majlis in electronic contracts, this research was urgent. The aim of this research was to determine the existence and mechanism for implementing khiyar al-majlis in electronic contracts. The research method used was normative legal research with a systematic legal approach. Researchers use secondary data or legal materials obtained and processed using selective categorization. All of this legal material was grouped based on criteria that were appropriate to the problems and themes, then analyzed descriptively and analytically. The law of khiyar al-majlis was described and analyzed with explanation, study, systematization, interpretation, and evaluation. The results of this research showed that the existence of khiyar al-majlis in electronic contracts was only legal because the parties were not in the same transaction location as in conventional contracts. Then, the mechanism for implementing khiyar al-majlis could occur directly or indirectly in electronic contracts. This study contributes to the development and actualization of Islamic economic law in the digital era.
Disparity in Parliamentary Power in the Formation of Laws in Indonesia: Considering Proportional Bicameralism Mukhlis, Muhammad Mutawalli; Arowosaiye, Yusuf Ibrahim; Masum, Ahmad; Paidi, Zulhilmi Bin; Maskun
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.160

Abstract

This research aims to investigate the issues encountered by parliamentary institutions in Indonesia, focusing specifically on the disproportionate power of the first chamber the (Dewan Perwakilan Rakyat / DPR) People’s Representative Council, relative to the second chamber, the (Dewan Perwakilan Daerah / DPD) Regional Representative Council throughout the legislative process. This research presents normative-conceptual proposals for a reconstruction formula aimed at equilibrating the legislative functions of the two chambers, in alignment with the principles of balanced or robust bicameralism. This study utilises a doctrinal legal research framework, involving the analysis of primary and secondary legal sources in the literature. This study incorporates constitutional, theoretical, and statutory/normative techniques. This study applies a general qualitative descriptive analysis technique, focusing on interpreting legal texts and normative content in a structured manner to identify patterns, meanings, and implications in the legislative relationship between DPR and DPD. The research findings reveal that the legislative authority of the two chambers (DPD & DPR) in legislation making, as delineated in the 1945 Constitution of the Republic of Indonesia and statutory rules, remains disproportionate. This results from the DPD's limited authority to propose draft legislation and discuss proposals without final approval. The DPD continues to be acknowledged as a co-legislator or supplementary power in the legislative process, unlike the unrestricted authority of the DPR. Therefore, the relationship between the two chambers as representative entities must be redefined based on robust or equitable bicameralism. To execute rebuilding plans, it is essential to amend several parts of the Constitution and revise other legislative rules. The two chambers are expected to collaborate and meet the ambitions of both national and local governments to produce high-quality legal documents; however, this study is limited in scope to normative and doctrinal analysis, and further empirical research is needed to assess practical implementation.
Examining the Implementation of Participatory Village Autonomy: Models of Community Engagement and Application in Strengthening Inclusive Governance in Indonesia Muhammad Mutawalli Mukhlis; Maskun, Maskun; Masum, Ahmad; Tajuddin, Muhammad Saleh; Kurniawati, Wa Ode Intan; Arowosaiye, Yusuf Ibrahim; Naswar, Naswar
Jurnal Pengabdian Hukum Indonesia Vol. 8 No. 1 (2025): (January-June 2025)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i1.21226

Abstract

This study rigorously examines the practical implementation of participatory village autonomy, a linchpin for inclusive governance in Indonesia. Despite formal recognition by Law No. 6 of 2014 and its 2024 amendment , significant  hurdles persist, including elite domination, financial mismanagement, limited community engagement, and insufficient institutional capacity. Employing a normative legal methodology, this inquiry  identifies effective models of community engagement and application for the Indonesian context. Findings  affirm that village autonomy's democratization requires comprehensive legal reform, institutional strengthening, transparent administration, and active citizen involvement. Beyond mere electoral procedures, true democratization  demands cultural adaptation, community empowerment, and robust accountability mechanisms to prevent elite capture.  Synergistic collaboration among central, regional, and village governments is paramount for genuinely responsive local governance. Lessons from diverse precedents  underscore the necessity of community-driven planning and legally mandated public participation for sustainable village development. This research  concludes that empowered village autonomy can substantially foster an equitable and resilient Indonesian governance landscape, contingent upon holistic systemic reforms and diligent application of innovative engagement models.
Filling Members of the Financial Audit Board: Constitutional Review and Legislative Intervention Mutawalli, Muhammad; Masum, Ahmad; Aidonojie, Paul Atagamen; Adebayo, Adesoji Kolawole
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.7707

Abstract

This article aims to at least outline and analyze the main problem, namely related to the development of an independent system for filling the positions of BPK members according to the theory of independence of state institutions reviewed through constitutional interpretation in the Law. This research is qualitative research with normative juridical methods. Research was carried out using a legal approach, a conceptual approach and a philosophical approach to the issues raised. In this paper, the author applies techniques for collecting legal materials or data, through documentation or literature studies which are carried out by reading, reviewing, classifying, identifying and understanding legal materials in the form of regulations and books and literature. which is related to the research object discussed in this paper. The analysis of legal materials used applies qualitative, descriptive and prescriptive methods that are oriented towards answering problem formulations. Apart from that, analysis of legal materials also focuses on the inventory aspect of legal materials in the form of soft files and hard files. Manual inventory is carried out on hardfile legal materials, while digital inventory is carried out on legal materials in softfile form. After the inventory, an analysis process is carried out with reference to the legal issues and discussion formulations raised. The finding in this paper is that there is polarization in filling the positions of BPK members which is far from the principle of independence and also prioritizes the supervisory aspect in filling these positions so that the principle of checks and balances is not implemented within the BPK itself. The polarization of filling the positions of BPK members which seems political has resulted in hidden interests which could actually disrupt the independence of the BPK as a state audit institution. In the future, it is necessary to strengthen the BPK institution as a state institution that is in a new space of power known as the inspection space by making changes and additions to concrete and internal regulations in the aspect of filling out BPK members in terms of the theory of state institutional independence
Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage Nur Hadi, Mukhammad; Ali Sabri, Fahruddin; Masum, Ahmad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7352

Abstract

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.
Co-Authors Adebayo, Adesoji Kolawole Aidonojie, Paul Atagamen Aslan, Jamal Budiyanto Budiyanto Eka Safitri Fahruddin Ali Sabri Farida Arianti Hadi, Mukhammad Nur Kurniawati, Wa Ode Intan Marnia, Rani Maskun Muhammad Mutawalli Mukhlis Muhammad Saleh Tajuddin Muhammad, Pauzi Mukhlis, Muhammad Mutawalli Mutawalli, Muhammad Naswar, Naswar Paidi, Zulhilmi bin Syatta, Indy Mafiiqo Yusuf Ibrahim Arowosaiye