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All Journal LAW REVIEW Al-Jinayah: Jurnal Hukum Pidana Islam
Nurmila Sari, Helga
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Law, Crime, Criminology & Criminal Justice

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Ratio Legis Policy to Increase Women's Representation Through the Implementation of a Minimum Quota of 30% for Women in Nominations for DPR and DPRD Members Bagus, Moh; Nurmila Sari, Helga
Law Review Volume 25 Issue 1 (March 2025)
Publisher : Faculty of Law, Universitas Pelita Harapan | Lippo Village, Tangerang 15811 - Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19166/lr.v25i1.9639

Abstract

Women as representatives in the strategic political making of decisions. Among the efforts made by the government to increase women's representation was setting a minimum threshold for female candidacy in the legislative and legislative elections. The policy referred to is set forth in Article 245 of Law Number 7 of 2017 concerning Elections. This research uses normative legal research methods with legislative and conceptual approaches. The provision regarding the minimum limit of 30% of women's candidacy is the implementation of constitutional rights, which is regulated in Article 28H Paragraph (2) of the 1945 Indonesian Constitution. The representation of women in the legislature was entrusted as a form of balancing and alignment of patriarchal and dominative elements in strategic policymaking. There are five ratios of an increase in female representation policy, including the existence of women in political decision-making is a counterweight to the patriarchal elements; women's brain variables are wider than men's so as to impact the different responses to an accepted issue; policy correlation with zipper system theory; policy correlation with critical mass theory; and the form of exercise of rights and duties owned by women as right holders and men as duty holders. The increase of female participation in representation can be achieved through political recruitment and the establishment of a political party-wing organization.
Punishment in Islamic Criminal Law: Between Facts and Ideals of Punishment Amin, Mahir; Candra, Marli; Nurmila Sari, Helga
Al-Jinayah : Jurnal Hukum Pidana Islam Vol. 10 No. 1 (2024): Juni 2024
Publisher : Islamic Criminal Law Study Program, Faculty of Sharia and Law, Sunan Ampel State Islamic University Surabaya, Surabaya, East Java, Indonesia.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/aj.2024.10.1.48-71

Abstract

Punishment is a  reaction to the crime. So, if a crime occurs, it will entitle the criminal to be punished, both from the social and legal perspectives. This study aims to see the interpretative dynamics of the provisions of legal sanctions with relaxation of punishment in Islamic criminal law, and how is the preference for positive legal sanctions and Islamic law in responding to justice amid the development of society's progress. This is anormative research based on library studies using a historical and comparative approach. This research is also strengthened by textual and context analysis of the criminal process that occurred in the early days of implementing Islamic criminal law, as well as sentencing practices in the history of Islamic criminal law. From the study and assessment carried out, the research states that in the application of criminal law, Islamic criminal law always considers the preferences of dynamic contextual compromises and ideal principles of Islam. The existence of this interplay arises from the existence of mitigating circumstances that allow other factors to be considered. Furthermore, there are various models of criminal sanctions imposed on perpetrators adjusted based on the place, time, and criminal individualization.
Co-Authors Amin, Mahir Bagus, Moh