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Analisis Putusan Hakim Dalam Perkara Hak Asuh Anak Yang Belum Mumayyiz Pasca Perceraian Ramadhani, Dwi Aryanti; Abdullah, Nayla Putri; Yadila, Natasya; Amelia, Sabina Putri; Widiastiwi, Alisha Reva; Hermawati, Mutiara; Harsanti, Khairunnisa Putri
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 1, No 11 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11562374

Abstract

Child custody is one of the consequences that arise after divorce. This is because parents still have an obligation to provide maintenance and protection for the growth and development of children. In this study the author focuses on analyzing the judge's decision in the case of custody of children who have not been able to distinguish good and bad rights independently (mumayyiz) after divorce. This research is aimed at understanding the legal considerations and factors that influence the judge's decision in determining the custody of children who have not reached the age of mumayyiz. The research method used is the normative juridical method with a statutory approach and a case approach by analyzing relevant court decisions. The results of this study indicate that in making decisions judges consider psychological factors and factors of the child's interests in supporting his growth and development. These considerations are based on the facts and evidence presented during the trial. This research recommends the need for clearer and more consistent guidelines in child custody decisions to ensure optimal protection for children involved in divorce cases.
Pengaturan Hukum Terhadap Penggeseran Hari Libur dan Implikasinya Terhadap Upah Lembur Tenaga Kerja di Indonesia Yuli, Yuliana; Devi, Murtanti Fajarrani; Restia, Salsabila; Anindya, Salma Elsa; Asmara, Daffi Allegra; Azzahra, Dinda; Harsanti, Khairunnisa Putri
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11396295

Abstract

The shifting of holidays has become an important issue in labor regulation in Indonesia. This policy is often carried out to increase productivity or to comply with government policies. However, shifting holidays can impact overtime wages for workers. This journal aims to analyze the legal regulations regarding holiday shifts and their implications for overtime wages in Indonesia. The research method used is normative analysis of regulations related to labor and overtime wages. The results show that the legal regulations regarding holiday shifts in Indonesia are mainly regulated in Law Number 13 of 2003 concerning Manpower. However, the implementation of these regulations has not fully accommodated the interests of workers, especially regarding overtime wages. This is due to inaccuracies in the definition and provisions related to overtime wages in the applicable law. The implications of holiday shifts on overtime wages for workers in Indonesia can be felt in various aspects, such as a reduction in overtime wages or ambiguity in calculating overtime wages due to holiday shifts. Therefore, improvements in legal regulations are needed to provide better protection for workers regarding overtime wages
Implikasi Hukum dari Tindak Kejahatan Anak di Bawah Umur: Analisis Kasus Bullying di Pondok Pesantren Al-Hanafiyah Kediri Sachmaso, Hana Humaira; Harsanti, Khairunnisa Putri; Izzati, Aulia Putri; Fawwaz, Razky; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11849919

Abstract

Bullying is defined as the abuse of power by an individual or group against a weaker party, which causes physical, psychological or social suffering to the victim. Based on Law Number 35 of 2014, bullying against children is a criminal act with heavy legal sanctions. A case study of students in Kediri who died as a result of abuse at the Islamic boarding school shows the serious impact of bullying. This research uses normative juridical methods to analyze regulations and legal protection for victims of bullying, as well as legal implications for perpetrators who are still minors. The findings show that lack of supervision and wrong parenting patterns contribute to the high number of bullying cases in Islamic boarding schools. To prevent similar incidents, a restorative justice approach and collaboration between the government, schools and the community is needed to protect children from violence.
Peran Komunikasi Pembangunan Dialogis Terhadap Pemanfaatan Hasil Pembangunan Yang Belum Merata Untuk Tujuan Pembangunan Berkelanjutan Ardiana, Oktavia Dwi; Azzahra, Dinda; Sachmaso, Hana Humaira; Harsanti, Khairunnisa Putri; Salsabila, Syana Mifta
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 2, No 3 (2024): Oktober
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.13906786

Abstract

The equitable development of infrastructure is a crucial aspect for achieving the Sustainable Development Goals (SDGs). However, in certain regions such as Lampung, inequalities still exist in the utilization of infrastructure development outcomes. This article aims to analyze the role of dialogic development communication in maximizing the utilization of uneven infrastructure development in Lampung, as well as how the implementation of these development outcomes can support the achievement of sustainable development. Using a literature review method, the article explores two key questions: how the role of dialogic communication ensures the participation of local communities and governments in the utilization of infrastructure, and how the existing infrastructure in Lampung can be more evenly implemented to support SDG achievement. Based on the analysis, dialogic communication serves as a medium that enables the exchange of information and ideas among stakeholders, thereby enhancing community involvement in decision-making related to infrastructure use. Furthermore, participatory implementation is considered a key step in addressing development inequality, strengthening social inclusion, and optimizing the benefits of development for all societal groups.
Implementasi Constitutional Complaint Sebagai Perluasan Kewenangan Mahkamah Konstitusi Dalam Penyelesaian Pelanggaran Kode Etik Profesi Hakim Putri, Maria Sylvia; Ardiana, Oktavia Dwi; Azzahra, Dinda; Harsanti, Khairunnisa Putri; Humaira, Hana
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

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

Abstract

This article discusses the implementation of constitutional complaint as an expansion of the authority of the Constitutional Court (MK) in resolving violations of the professional code of ethics of judges in Indonesia. This research is motivated by the crucial role of judges as law enforcers and guardians of justice, where violations of the code of ethics by judges can undermine public confidence in the justice system. Although the Judicial Commission (KY) has a role in supervising and recommending sanctions against judges, its authority is limited to administrative sanctions and has not been able to address the constitutional rights of aggrieved citizens. This legal vacuum, coupled with the low follow-up of KY sanction recommendations by the Supreme Court, suggests the urgency of a new mechanism. Based on Robert Alexy's theory of constitutional rights, the absence of a constitutional complaint hinders the protection of citizens' constitutional rights, especially when violations are committed by judges. The concept of constitutional complaint, applied in countries with civil law legal systems and similar constitutional jurisdictions such as Austria and South Korea, offers a solution as a last resort to protect constitutional rights from unconstitutional state actions or court decisions. Therefore, this study recommends the expansion of the Constitutional Court's authority through the revision of Law Number 24 of 2003 concerning the Constitutional Court to include a constitutional complaint, as a concrete step in protecting the constitutional rights of citizens and strengthening the role of the Constitutional Court as the guardian of the constitution.