Wahdah, Azzhara Nikita
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Konsep Perlindungan Hukum Bagi Anak Turut Serta Dalam Melakukan Tindak Pidana Berdasarkan Hukum Positif Indonesia Haryanto, Imam; Wahdah, Azzhara Nikita; Almagfira, Anisa; Amelia, Dean Putri; Mulya, Ilham Indra; Tambunan, Joy Catherine Carina
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11623459

Abstract

Children are precious assets for the future of the nation, so legal protection for them is a crucial aspect in realizing a just and prosperous society. In Indonesia, child protection is regulated in various laws, including for children involved in criminal acts. The involvement of children in criminal acts raises concerns because they are still in the developmental stage and are vulnerable to negative environmental influences. Therefore, the authors will examine the concept of legal protection for children who participate in committing criminal acts based on Indonesian positive law. The research employs a normative juridical method, which relies on legal norms as a foundation for examining and analyzing prevailing legal regulations. Its objective is to explore and investigate a type of safeguard for minors engaged in criminal activities within the framework of Indonesian positive law, and to probe into the factors hindering the provision of legal aid to children involved in such criminal activities. The findings reveal that despite existing regulations governing legal protection for juveniles in the justice system, their execution has been suboptimal due to insufficient facilities, awareness, and funding.
Perlindungan Hukum Bagi Karyawan Giant Supermarket Sebagai Korban Pemutusan Hubungan Kerja Tambunan, Joy Catherine Carina; Wahdah, Azzhara Nikita; A, Annisa; Prawira, Rio Nusa
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.11399390

Abstract

Legal protection for employees affected by layoffs is important. Termination of employment has a big impact on employee welfare, especially for those who work in large companies like Giant. In this research, there is a formulation of the problem that will be discussed, namely (1) The concept of legal protection for employees who experience termination of employment (PHK) by the company when viewed from the case of layoffs of Giant Supermarket employees; (2) The form of settlement provided by law and its implementation in the case. The aim of this research is to find out the concept of legal protection for employees affected by layoffs and what the form of resolution is in law and implementation in related cases. This research uses a normative method that is guided by legal norms, legal principles, and positive Indonesian law relating to employment law. From this research, the results obtained are (1) This labor law can create regulations that force employers to comply and are obliged to guarantee the welfare of their workers. Regulations regarding layoffs can be found in the twelfth chapter of the Employment Law in Articles 150 to 172, totaling 18 articles. Meanwhile, in Part Five of the Job Creation PERPU, provisions regarding termination of employment are regulated in Articles 151, 151A, 153, 154A, 156, 157, 157A, and 160; (2) Based on Article 151 paragraph (2) Legal protection, namely legal protection that is preventative (preventive) and law enforcement (repressive). Employers are obliged to inform workers/labor unions of their intentions and reasons for layoffs before they are carried out.
Partisipasi Masyarakat Dalam Penerapan Konsep Sustainable Development Terhadap Pembangunan Ibu Kota Negara Nusantara M, Mulyadi; Almagfira, Anisa; Nasution, Amanda Cherlyta Apriliani; Fatimah, Ghefira Nur; Wahdah, Azzhara Nikita; Ramadhon, Daffa Charisma Putra; Alvito, Haykal Rizki; Kamil, Surya Insani; Tambunan, Joy Catherine Carina; A, Annisa
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.11905462

Abstract

The relocation of the National Capital is a national strategic project to create a sustainable city that attracts investment from both within the country and abroad. Public participation is community involvement in the decision-making process and policy determination. This research uses quantitative research methods whose focus is collecting scientific data and references to answer the problem formulation in the introduction. From this research, the results obtained are (1) Community participation is important in every phase of development, implementation, impact evaluation and conceptualization to ensure success; (2) The government's steps in ensuring the participation of the Indonesian people in the concept of sustainable development in developing IKN can use the SDGs pillars.
Analisis Perbedaan Tindak Pidana Pencurian Pada KUHP (Kitab Undang-Undang Hukum Pidana) Baru dan Lama M, Mulyadi; Wahdah, Azzhara Nikita; Anindya, Salma Elsa; Syalsabila, Khairunnisa; A, Annisa; Anisah, Aura; Nirwana, Rena Putri; Tambunan, Joy Catherine Carina; Manullang, Halim
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11541689

Abstract

Theft is the most prevalent crime in society. It involves an individual unlawfully taking property, either in whole or in part, from someone else with the intent to own it illegally.  The crime of theft itself is recognized in law and is a type of crime against individual interests that harms other people and the surrounding community.  The Criminal Code (KUHP) strictly prohibits these crimes and emphasizes that violators will be subject to detailed and severe punishments.  This is manifested in the form of punishment or threats of punishment imposed.  In the Old Criminal Code (KUHP) and the New Criminal Code (KUHP) regarding the crime of theft, actually there has not been a very big change, where there are differences in the articles, but in this case the substance and interpretation are still unclear.  too different.  Then there are also added types of criminal acts of theft and also differences related to criminal threats for each type of theft act.  This journal studies further the differences between criminal acts of theft in the old Criminal Code (KUHP) and the new Criminal Code (KUHP).
ENFORCEMENT OF LAWS ON SEXUAL VIOLENCE IN MARRIAGE (MARITAL RAPE): A COMPARATIVE STUDY OF CRIMINAL LAWS IN INDONESIA AND SINGAPORE Wahdah, Azzhara Nikita; Harefa, Beniharmoni
Awang Long Law Review Vol. 8 No. 1 (2025): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i1.1810

Abstract

Marital rape is a form of sexual violence that is often not explicitly recognized in legal systems, especially in countries with strong patriarchal cultures. This article provides a comparative analysis of the regulation and enforcement of marital rape as a criminal offense in Indonesia and Singapore. In Indonesia, the recognition of marital rape as a criminal offense has been strengthened through the new Criminal Code (Law No. 1 of 2023), the PKDRT Law, and the TPKS Law, although its implementation still faces challenges in the form of complaint offenses, social stigma, and a lack of understanding of gender issues among officials. Meanwhile, Singapore has removed legal immunity for husbands since the enactment of the Criminal Law Reform Act 2019, and provides civil protection through Personal Protection Orders (PPOs) and an integrated reporting system. This study uses a normative legal and comparative law approach to examine the differences in the legal systems, regulations, and cultures of the two countries. The results of the study show that Singapore is more progressive in handling cases of marital rape, both in terms of regulations and victim protection mechanisms. This article recommends that Indonesia strengthen inter-agency synergy, reform the reporting system, and improve public legal literacy as strategic steps in combating domestic sexual violence. With a comprehensive approach, it is hoped that the Indonesian legal system can be more responsive to the needs of victims and ensure gender sensitive justice.
Tantangan Implementasi Yurisdiksi ICC dalam Penegakan Hukum atas Kejahatan Genosida di Negara Non-Pihak Anisah, Aura; Wahdah, Azzhara Nikita; Nirwana, Rena Putri; Arini, Dita Rosalia
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17569239

Abstract

The International Criminal Court (ICC) is a permanent judicial institution established under the 1998 Rome Statute, with a mandate to try serious crimes such as genocide, crimes against humanity, and war crimes. Although ICC jurisdiction formally applies to states parties to the Rome Statute, the crime of genocide occurring in non-party countries remains a global concern. This article examines how the ICC can exercise its jurisdiction over individuals from non-party states through a normative juridical approach, reviewing the principles of universality, the principle of state responsibility, and the principle of non-impunity as the basis for the legitimacy of international law. This research shows that the ICC has several mechanisms to overcome the limitations of formal jurisdiction, including through referrals to the UN Security Council, territorial jurisdiction if some elements of the crime occur in the state party, personal jurisdiction over the perpetrator who is a citizen of the state party, and ad hoc approval based on the Rome Statute. Nonetheless, the implementation of ICC law enforcement challenges against non-party states faces significant obstacles, including the denial of cooperation based on state sovereignty, geopolitical bias in the Security Council, and imbalances between large and small states in international law enforcement. In this study, it is emphasised that the ICC remains relevant as a complementary instrument when the national legal system is unable or unwilling to take action against the perpetrators of genocide. Reform of jurisdictional mechanisms and increased international cooperation are key to strengthening the ICC's effectiveness in upholding global justice and preventing impunity for serious crimes.
The Study of Natural Law in The Philosophy of Law on Legal Thought in Indonesia Wahdah, Azzhara Nikita; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 3, No 4 (2025): December
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17610564

Abstract

This study explores the relevance and contribution of natural law theory to the development of a just legal system in Indonesia, particularly in the context of human rights protection. Employing a normative juridical approach and literature review spanning classical to contemporary legal philosophy, the article examines natural law principles as a universal and enduring moral foundation. The findings reveal that both irrational natural law—rooted in divine values—and rational natural law—derived from human reason—hold significant potential to reinforce the legitimacy of Indonesia’s positive law. While structural and cultural challenges hinder the integration of natural law into the national legal framework, opportunities arise through the enhancement of justice-oriented regulations, recognition of customary law, and the adoption of restorative justice principles. The study advocates for harmonizing positive law with natural law values as a strategic pathway toward inclusive legal reform centered on human dignity.
Relevansi Hukum Alam Rasional dalam Interpretasi Pancasila Sebagai Sumber Dari Segala Sumber Hukum A, Annisa; Wahdah, Azzhara Nikita; Tambunan, Joy Catherine Carina; Rubianti, Vaganti Safa Sukma; Triadi, Irwan
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17853185

Abstract

Pancasila, as the source of all sources of law, has a central position in Indonesia's national legal system. However, the main challenge faced is how to translate the abstract values of Pancasila into concrete and operational positive legal norms. This article examines the relevance of the concept of rational natural law as a philosophical approach in interpreting Pancasila contextually in the formation of legislation. Rational natural law emphasizes the importance of reason and universal moral values as the basis for the formation of law, so that the law is not only formally valid, but also substantially fair. In the Indonesian context, Pancasila values such as social justice, fair and civilized humanity, and deliberation are consistent with the principles of rational natural law. Through this approach, Pancasila values can be transformed into legal principles that are relevant to the needs of modern society, such as the principles of proportionality, balance of interests, and protection of natural rights. This study uses a normative juridical method with a legislative approach and qualitative analysis of regulations and court decisions that reflect the application of rational natural law principles. The results of the study show that the interpretation of rational natural law in relation to Pancasila acts as a bridge between philosophical values and positive legal norms, as well as a filter against global influences so that national law continues to reflect the nation's identity.