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All Journal Madani: Multidisciplinary Scientific Journal Media Hukum Indonesia (MHI)
Amina, Frahnaz
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Implementasi Penegakan Hukum Terhadap Orang Mabuk Untuk Pembangunan Berkelanjutan Ditinjau Dari Hukum Pidana Maharani, Sabilla Kusuma; Putri, Maria Sylvia; Amina, Frahnaz; Az Zahra, Shabrina Najla; Fauziyyah, Laila; Yuli W, Yuliana
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 5 (2024): Madani, Vol. 2, No. 5 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11472142

Abstract

The application of the law to individuals addicted to alcohol in the context of sustainable development is a significant aspect of the legal system. This paper discusses the legal framework governing the treatment of alcoholics, especially from a criminal law perspective, with the aim of achieving Sustainable Development goals. This analysis covers various legal provisions, policies and practices relating to law enforcement against violations by individuals related to the Sustainable Development goals, especially those related to health and well-being (SDG No. 3) as well as building peaceful and inclusive societies (SDG No. 16). This article also links these issues to provisions in the Criminal Code, especially Article 492 of the Criminal Code. The research method used is normative juridical analysis.
Analisis Peran dan Tanggung Jawab Negara Indonesia Dalam Mengatasi Pelanggaran Hak Asasi Manusia Pada Pekerja Migran Indonesia Bukit, Liametami Benedicta; Amina, Frahnaz
Madani: Jurnal Ilmiah Multidisiplin Vol 2, No 5 (2024): Madani, Vol. 2, No. 5 2024
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11488233

Abstract

The Republic of Indonesia is obliged to play a role and be responsible for the security, comfort, safety, and welfare of Indonesian workers working abroad. However, the form of legal protection efforts implemented by the Indonesian government has not been optimal in its implementation. Human rights violations, including forced labor, human trafficking, abuse, and violence, are rampant among Indonesian citizens working abroad. This is due to the absence of clear legal protection. The research method used is normative legal research. The results of the study indicate that the Republic of Indonesia is obliged to be responsible for protecting migrant workers from placement to protection during the placement and post-placement period, as well as the role of the central and regional governments in providing advice, training, and coordination with related agencies. The rampant human rights violations against Indonesian migrant workers are due to the lack of coordination between related agencies, the imbalance of power between migrant workers and their employers, and the minimal access of migrant workers to information and legal assistance. Therefore, it is necessary to improve coordination with the destination countries of migration by the Ministry of Foreign Affairs, supervision of agents and recruiters by the Ministry of Manpower and Transmigration, and the active role of the National Human Rights Commission in handling cases of violations of migrant workers' rights and facilitating access to reporting.
Analisis Kode Etik Profesi Hakim Terhadap Putusan Kasus Penganiayaan Oleh Terdakwa George Ronald Tannur (Studi Kasus Putusan MA NO. 454/PID.B/2024/PN.SBY) Amina, Frahnaz; Najla, Shabrina; Azalea, Shaila; Manurung, Abraham; Fauziyyah, Laila
Media Hukum Indonesia (MHI) Vol 3, No 1 (2025): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.14998325

Abstract

Indonesia as a country of law has law enforcement officers to ensure that the law runs well, one of which is the judge. In carrying out their duties, judges must be independent, impartial, and adhere to the principles of justice and legal certainty. To ensure that judges carry out their duties in accordance with the mandate of the constitution, a set of rules is formed as a guideline called the code of ethics for judges. However, in its implementation, the application of the judicial code of ethics still faces various problems, one of which is the practice of gratification or bribery which has the potential to interfere with the independence and integrity of the judiciary. The problems raised in this article are about the Code of Ethics and Guidelines for the Conduct of Judges in Indonesia and violations of the application of the Code of Ethics for the Professional Judges in the case of abuse involving the defendant George Ronald Tannur. Using the normative legal research method, this study analyzes laws and court decisions regarding the George Ronald Tannur case. The code of ethics and guidelines for the conduct of judges in the Indonesian judicial system aim to maintain the integrity and public trust in the judicial institution. However, in practice, violations are still found, such as alleged bribery in the George Ronald Tannur case. Therefore, it is necessary to strengthen supervision by the Supreme Court and the Judicial Commission to improve the integrity and professionalism of judges.
Urgensi Penerapan Insolvency Test Sebagai Bentuk Reformasi Hukum Kepailitan di Indonesia: Studi Perbandingan Dengan Amerika Serikat Amina, Frahnaz
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 | DOI: 10.5281/zenodo.15668962

Abstract

Indonesia’s bankruptcy legal system remains formalistic, where Article 2 paragraph (1) of Law No. 37 of 2004 only requires two creditors and one due debt without examining the debtor’s financial capacity. This opens the door for abuse by bad-faith creditors and creates injustice for solvent debtors. This study examines the effectiveness of applying the insolvency test to prevent misuse of bankruptcy petitions and its urgency as a substantive requirement in Indonesia’s bankruptcy law reform. The method used is normative juridical research with statutory and comparative approaches. The study finds that the insolvency test, as adopted in the U.S. legal system under Chapter 11 of the U.S. Bankruptcy Code, ensures fair protection for both creditors and debtors. The conclusion emphasizes the necessity of explicitly regulating the insolvency test in Indonesia’s Bankruptcy Law. It is recommended that the Government, Supreme Court, and Financial Services Authority (OJK) take steps to harmonize regulations to enhance legal certainty, justice, and economic stability
Co-Authors Az Zahra, Shabrina Najla Azalea, Shaila Bukit, Liametami Benedicta Fauziyyah, Laila Maharani, Sabilla Kusuma Manurung, Abraham Najla, Shabrina Putri, Maria Sylvia Yuliana Yuli Wahyuningsih