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OPTIMALISASI SAMPAH BERBASIS PEMBERDAYAAN MASYARAKAT DAN PENGUATAN MODERASI BERAGAMA DI KELURAHAN CISANTANA Nuryadin, Nuryadin; Karim, Ahmad Zafirul; Lestari, Andry; Husna, Kania; Zulfaidah, Rena
MALAQBIQ Vol. 3 No. 2 (2024): Malaqbiq: Jurnal Pengabdian Kepada Masyarakat
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

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Abstract

Cisantana Village, with its rich local wisdom and natural resource potential, has significant opportunities to manage waste effectively. The challenges in this village, as in other places, involve increasing waste volumes due to population growth and rapid economic activities. An approach that involves community empowerment and the integration of religious moderation can provide an effective solution. Community empowerment through programs like waste banks, which emphasize the 3R principles (Reduce, Reuse, Recycle), can raise awareness and encourage public participation. Furthermore, the strong religious moderation in Cisantana Village can serve as a foundation for fostering cooperation across different community groups in waste management, instilling values of tolerance, balance, and mutual respect. The Community-Based Empowerment System (SISDAMAS) method applied in this effort positions the community as key agents in problem-solving. Through program implementation that involves field observations, community involvement in finding solutions, as well as monitoring and evaluation, the waste bank program is expected to positively impact both the economy and social harmony. The integration of community empowerment and religious moderation also faces challenges, such as differences in religious understanding and practices, limited facilities, and resources. However, with a collaborative approach involving the government, private sector, and civil society organizations, these challenges can be managed. In this way, Cisantana Village can develop a more effective, inclusive, and sustainable waste management system.
Hak Atas Keterlupaan (Right to be Forgotten) dan Paradoks Keabadian Data: Tinjauan Filsafat Hukum Tentang Kedaulatan Individu di Ruang Siber Zulfaidah, Rena; Saepullah, Usep
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1558

Abstract

This article profoundly examines the philosophical conflict between the Right to Be Forgotten (RTBF) and the phenomenon of the Paradox of Data Immortality characterizing the digital age. Employing normative legal research with conceptual and philosophical approaches, this study aims to reconstruct the concept of individual sovereignty threatened by permanent data footprints. Amidst a system ensuring perfect recall, individual sovereignty has transformed from physical autonomy to digital narrative autonomy; the right to control one's self-representation in the cyber public sphere. The RTBF, strengthened by jurisprudence such as the Google Spain ruling and Indonesia’s Law No. 27/2022 on Personal Data Protection, is asserted as an instrument to restore human dignity and the individual's freedom to change. However, its implementation faces serious philosophical challenges: the balancing test between the individual's right and public interest, particularly freedom of expression and collective memory. The analysis reveals that the balancing test must shift from merely assessing data relevance towards considering the magnitude of prejudice suffered by the individual. Prescriptive recommendations include establishing an Independent Digital Ethics Commission to ensure RTBF decisions are grounded in deep ethical considerations, maintaining that forgetting does not entail social amnesia.
Kesadaran Hukum Gender dan Transformasi Sosial; Implementasi UU KDRT dalam Mengubah Pola Relasi Domestik di Indonesia Zulfaidah, Rena; Sulastri, Dewi
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 1 (2026)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i1.1593

Abstract

This study analyzes the implementation of Law No. 23 of 2004 on the Elimination of Domestic Violence (PKDRT Law) in the context of efforts to transform domestic relations and increase gender legal awareness in Indonesia. Domestic violence (DV) is a multidimensional issue rooted in gender inequality and reinforced by a culture of silence, even though data from the National Commission on Violence Against Women shows a significant increase in reported cases (15,652 cases in the domestic sphere in 2023). Using a normative-empirical legal approach with a focus on analyzing court decisions, this study found a significant gap between the spirit of the law and its practice in the field. The PKDRT Law aims to transform DV from a private matter into a public criminal offense. However, its implementation faces strong cultural, social, and institutional challenges, including stigma against victims, pressure to reconcile for the sake of “family unity,” and a lack of holistic understanding of gender justice among law enforcement officials. Analysis of court decisions, such as Supreme Court Case No. 1583 K/Pid.Sus/2019 and Gresik District Court Case No. 139/Pid.Sus/2019/PN.Gsk, reveals a tendency for judges to impose minimal sentences or be influenced by social pressure, which ultimately distorts justice for victims and reduces the transformative power of the law. This study concludes that the existence of regulations alone is not enough; a shift in collective consciousness and gender-sensitive implementation are needed to realize equal domestic relations.
Identity Politics in The Scales of Fiqh Siyasah: an Analysis of The Concepts of Walayah and Kafa'ah in Public Leadership Zulfaidah, Rena; Kholik, Muhamad Abdul; Rajak, Rahmat
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 1 (2026)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i1.1646

Abstract

Religious identity politics has become a controversial phenomenon in the political landscape of pluralistic countries, including Indonesia, often triggering polarization and testing the principles of democratic inclusivity. This study aims to analyze this phenomenon through the framework of Fiqh Siyasah (Islamic Constitutional Law), focusing on the dialectic between two main requirements of leadership Walāyah (authority/religious identity) and Kafā'ah (competence/managerial eligibility). Using a qualitative normative-philosophical literature study method, primary data in the form of the Qur'an and Hadith, as well as secondary data from classical and contemporary Fiqh Siyasah literature, were analyzed using the Usūl al-Fiqh and Maqāshid Syariah approaches. The results of the study show that Fiqh Siyasah demands the perfect integration of these two concepts. Shariah arguments establish Walāyah as a moral-theological commitment, but explicitly juxtapose it with Kafā'ah, which includes expertise, honesty, and managerial capacity as essential requirements for effective leadership (e.g., QS. Al-Qashash: 26). The tendency of modern identity politics is to absolutize formal Walāyah, thereby neglecting Kafā'ah. The Sharia implication of neglecting Kafā'ah is the emergence of collective damage (mafsadah) that threatens Maslahah 'Āmmah (public interest), including the destruction of unity (wahdah) and the emergence of incompetent leadership that fails to uphold universal justice ('Adalah). The conclusion of this study confirms that identity politics is only valid and constructive if it is directed at electing leaders with integrity and proven competence, making Kafā'ah a crucial consideration in Sharia law in order to realize the goal of Rahmatan lil 'Ālamīn.
Pergeseran Fungsi Hukum Pidana dalam Sistem Ketatanegaraan Indonesia: Dari Ultimum Remedium ke Political Control Kholik, Muhamad Abdul; Zulfaidah, Rena
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 3 No. 4 (2025)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v3i4.1670

Abstract

Criminal law in Indonesia has undergone a significant transformation in line with the enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) and Law Number 20 of 2025 concerning the Integrated Criminal Justice System (SPPT). This study analyzes the shift in the function of criminal law from the principle of ultimum remedium to the practice of political control in the context of Indonesian constitutionality. Through normative legal research methods with analytical approaches and regulatory comparisons, the research reveals that although the 2023 Criminal Code and the 2025 Criminal Code are designed to modernize the Indonesian criminal law system in accordance with the values of Pancasila and international standards, in practice there has been a significant paradigm shift. Criminal law no longer functions solely as an ultimum remedium when other legal instruments fail, but has shifted to become a tool of political control and an instrument to achieve certain goals at the constitutional level. This shift is reflected in the development of new categories of criminal acts, expanding investigators' discretion, changes in the evidentiary system, and the use of criminal law instruments for the regulation of areas that are not traditionally the domain of criminal law. The research identifies three main dimensions of this shift: (1) the materialization of criminal law through massive criminalization; (2) procedural instruments that facilitate political control; and (3) the constitutional context that encourages the politicization of criminal law. The conclusion of the study shows that a paradigmatic reorientation is needed in understanding the function of criminal law in Indonesia, accompanied by concrete efforts to restore the principle of ultimum remedium, strengthen the rule of law, and build an effective check-and-balance in the Indonesian constitutional system.
Asas Praduga Tak Bersalah Sebagai Prinsip Konstitusional dalam Penegakan Hukum Pidana Kholik, Muhamad Abdul; Zulfaidah, Rena
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 1 (2026)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i1.1672

Abstract

The principle of presumption of innocence is a fundamental constitutional principle in the modern criminal justice system and is one of the main pillars in protecting human rights. This study analyzes the position and implementation of the principle of presumption of innocence as a constitutional principle in the enforcement of Indonesian criminal law with a special focus on Law Number 1 of 2023 concerning the Criminal Code (KUHP) and Law Number 20 of 2025 concerning the Integrated Criminal Justice System (SPPT), as a substitute for the Criminal Code. The research uses normative legal research methods with an analytical approach and comparison of the latest laws and regulations. The results of the study show that the 2023 Criminal Code and the new 2025 Criminal Code have provided more explicit and comprehensive recognition of the principle of presumption of innocence by integrating international human rights standards. However, its application in the field still faces significant challenges in the form of limited capacity of the apparatus, pressure of public opinion, and the gap between ideal norms and practical reality. The study concludes that continuous efforts are needed in increasing the capacity of law enforcement officials, socializing new regulations, and building a strong legal culture to optimally implement the principle of presumption of innocence in all stages of criminal law enforcement.
Integrasi Pengelolaan Limbah Kotoran Hewan Sapi dan Promosi Penyuluhan Kesehatan Upaya Mewujudkan Masyarakat Kelurahan Cipari Sejahtera Zulfaidah, Rena; Khaerunnisa, Qalby; Sanjaya, Ramadhan Adi; Sururie, Ramdani Wahyu
Interdisciplinary Explorations in Research Journal Vol. 4 No. 1 (2026)
Publisher : PT. Sharia Journal and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ierj.v4i1.1653

Abstract

This study aims to evaluate the impact of integrating livestock manure management and health promotion on community well-being, utilizing the SISDAMAS (Community Empowerment System) approach. Through a holistic perspective, this research analyzes how effective waste management can enhance environmental quality, public health, and provide economic benefits to farmers and surrounding communities. The findings are expected to yield comprehensive policy recommendations for achieving sustainable waste management and improving the quality of life. Additionally, this study will explore how health education can raise public awareness about the importance of maintaining environmental cleanliness and utilizing resources sustainably. Keywords: Management, Cow manure, Health education, SISDAMAS (Community Empowerment System)
Harmonisasi Sanksi Administratif dan Sanksi Pidana Terhadap Pejabat Publik yang Terlibat Konflik Kepentingan (Conflict of Interest) dalam Pengadaan Barang dan Jasa Zulfaidah, Rena; Kholik, Muhamad Abdul; Maulana, Ade
Indonesian Journal of Islamic Jurisprudence, Economic and Legal Theory Vol. 4 No. 1 (2026)
Publisher : Sharia Journal and Education Center Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ijijel.v4i1.1716

Abstract

This research examines the urgency of harmonizing administrative and criminal sanctions in addressing the phenomenon of conflict of interest in government procurement processes in Indonesia. The primary issue raised is the overlap of norms between administrative law and criminal law, which frequently leads to the criminalization of public officials' policies. Utilizing normative legal research methods with statutory and conceptual approaches, this study analyzes the intersection between maladministration and office-related offenses. The results indicate that the absence of clear boundaries regarding abuse of power leads to legal uncertainty and hampers bureaucratic effectiveness. As a solution, this research proposes a Dual-Track System model that integrates the role of the Internal Government Oversight Apparatus (APIP) and administrative courts as a filter before entering the criminal realm. This model emphasizes the recovery of state losses and the use of digital technology to detect interest affiliations early. This harmonization is expected to achieve proportional justice, where criminal law remains positioned as an ultimum remedium without neglecting firmness against clear corrupt practices.
Dilema Pertanggungjawaban Pidana Pejabat Negara dalam Negara Hukum Demokratis Kholik, Muhamad Abdul; Zulfaidah, Rena; Septiani, Ernida
Interdisciplinary Explorations in Research Journal Vol. 3 No. 3 (2025)
Publisher : PT. Sharia Journal and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ierj.v3i3.1707

Abstract

This article aims to analyze the dilemma of criminal liability of public officials within the framework of a democratic rule of law, particularly concerning the phenomenon of criminalization of public policies in Indonesia. The main issues examined include the conceptual boundaries between policy errors and criminal acts, the problems in applying criminal law to public policies, and the formulation of an ideal and just model of criminal liability for public officials. This research employs a normative juridical method with conceptual, statutory, and case approaches by analyzing the New Indonesian Criminal Code, relevant regulations, and legal doctrines in criminal and administrative law. The results show that criminal prosecution of public officials is often conducted without clear parameters, leading to fear in decision-making and hindering bureaucratic innovation. It is found that state financial loss alone cannot automatically serve as a basis for criminal liability without proof of fault, abuse of authority, and malicious intent. The study emphasizes the importance of separating legal regimes between administrative, civil, and criminal law by placing criminal law as ultimum remedium. The ideal model proposed is a criminal liability system based on constitutional parameters that require proof of mens rea, intentional abuse of authority, and personal benefit. The study concludes that law enforcement against public officials must be carried out proportionally and fairly to prevent the criminalization of policies while still ensuring accountability for officials who genuinely commit criminal acts.
Konstitusionalitas Penerapan Sanksi Pidana terhadap Kebijakan Publik yang Berimplikasi Pidana Kholik, Muhamad Abdul; Zulfaidah, Rena; Hakim, Subqi Muhammad Fadhilah
Interdisciplinary Explorations in Research Journal Vol. 4 No. 1 (2026)
Publisher : PT. Sharia Journal and Education Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62976/ierj.v4i1.1709

Abstract

This study examines the constitutionality of imposing criminal sanctions on public policies that have criminal implications. The research is motivated by the increasing phenomenon of policy criminalization, which has created legal uncertainty for public officials in performing governmental duties. The objectives of this study are to analyze the constitutional limits of criminal liability in public policy, to identify the legal problems arising from the criminalization of policy, and to formulate an ideal model for the application of criminal sanctions in accordance with the principles of the rule of law. This research employs a normative legal method with statutory, conceptual, and case approaches. Legal materials were analyzed qualitatively through library research involving legislation, legal doctrines, and relevant court decisions. The findings reveal that not every public policy resulting in loss can be criminalized, but must meet constitutional parameters such as the existence of mens rea, abuse of authority, real and measurable loss, and clear violation of law. The practice of criminalizing public policy generates various problems, including over-criminalization, chilling effects on decision-making, and conflicts between administrative discretion and criminal law enforcement. This study concludes that the application of criminal sanctions to public policy must be positioned as ultimum remedium through the synchronization of administrative law, constitutional law, and criminal law. The proposed ideal model emphasizes the prioritization of administrative sanctions and the formulation of clear legal parameters to ensure that law enforcement remains constitutional, proportional, and supportive of effective governance.