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All Journal Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Pro Hukum : Jurnal Penelitian Bidang Hukum Universitas Gresik Pena Justisia: Media Komunikasi dan Kajian Hukum JURNAL ILMIAH ADVOKASI Journal of Transcendental Law Collegium Studiosum Journal Journal Indonesia Law and Policy Review (JILPR) Law and Economics Al-Amal: Jurnal Pengabdian Masyarakat Journal of Transcendental Law Fundamental : Jurnal Ilmiah Hukum Jurnal Jurisprudence
S, Nurjannah
Unknown Affiliation
Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Pancasila and Economy Prophetic: the Reconstruction Efforts of Indonesian Economic Law Nurjannah Septyanun; Tin Yuliani
Journal of Transcendental Law Volume 2, No 1, 2020
Publisher : Law Doctoral Program Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v2i1.11104

Abstract

Purphose: The importance of the transcendental paradigm, able to change the demoralization of the economic sphere, affects the changing economic goals of Pancasila.   Methodology: Using normative legal research, with paradigmatic approaches and using qualitative descriptive analysis. Finding: The symbolic phenomenon of religious rituals is not merely ritualism in the concept of civil religion. But able to penetrate the particulate partition of the operational dimension.  Similarly, the prophetic paradigm, with its prophetic ethics in terms of liberation, humanization, Transcendence, gives space to the fundamental beliefs of society in economics. Civil religion minimizes the ongoing dominance, hegemonic, and exploitative of anti-humanity. The prophetic paradigm and civil religion are capable of being great energy for the realization of the idealism of Pancasila, the first of the transcendental meaning. Importance: The transcendental dimension, of the first Sila, being a turning point. The importance of awareness of the community, and the legal traveler for the reconstruction of Indonesian economic law to realize the social justice of Pancasilais. Originality/Novelty: The Prophetic and civil religion paradigms, becoming one of the bids on economic demoralization. Keyword: Civil Religion; Profetic ethics; Pancasila; Indonesian economic law.
Law Enforcement on Sharia Compliance: a Case Study on The Murabahah Consumptive Financing Agreement of Bank A Syariah Nurjannah S; Bambang Setiaji
Jurnal IUS Kajian Hukum dan Keadilan Vol. 9 No. 2: August 2021 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v9i2.895

Abstract

Sharia compliance is the basic basis for assessing whether Islamic banks have enforced sharia law. Law enforcement by Islamic banking must reach the element that the bank has implemented the rules of muamalah related to the prohibition of usury and dzolim. The factual phenomenon is fraud in the murabahah consumptive financing contract by Bank A Syariah. This is important to study and analyze considering that law enforcement on sharia compliance in bank A Syariah on contract and financing instruments has an impact on customer and public trust. This research uses normative legal research methods, with a critical legal study approach. The results of the study show that law enforcement is not directly proportional to sharia compliance. There is still a “legal trick” (Hilah) in the murabahah consumptive financing contract. Hilah is part of the legalization of taking usury. Bank A Syariah business activities have not been maximally carried out in the real or productive sector. Productive sectors, such as livestock, food crop agriculture, food and beverage processing industry, and others. Second, murabahah consumptive financing still relies on the pattern of consumptive lending in the form of a privileged civil servant decree as collateral. The object of the contract is money, not the real sector, so that the murabahah contract fraud by Sharia bank A also surfaced. The murabahah contract that is carried out between BA customers and Sharia bank A is one of the cases that justifies Islamic banks only have sharia labels, but their implementation has not been sharia.
THE MECHANISM OF EXECUTION OF THE JUDGE'S DECISION IN A SIMPLE LAWSUIT Firmansyah, Agus Hartawan; Septyanun, Nurjannah; Erwin, Yulias
Jurnal Ilmiah Advokasi Vol 12, No 1 (2024): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v12i1.5148

Abstract

Community life is inseparable from conflicts of private interest between one legal subject and another legal subject, both between person to person, person to legal entity or legal entity to legal entity. The conflict that occurs requires a dispute resolution and enforcement of civil law which now seems protracted and long-winded because of the long process of resolving cases in court so that the application of the principle of fast, simple, and light costs cannot be realized. The community's need for justice in resolving a dispute at low cost and with fast events. This research uses the Normative legal research method using a Qualitative approach. The results of the study that, Dispute resolution at low cost and with fast events, the Supreme Court applies a simple lawsuit based on Supreme Court Regulation Number 2 of 2015 jo PERMA No 4 of 2019 concerning Procedures for Resolving Simple Claims. This Supreme Court regulation is a major step from the Supreme Court to realize the resolution of cases according to the principle of fast, simple and low cost. The implementation of simple lawsuit decisions is the same as the implementation of ordinary civil case decisions, which are carried out voluntarily and execution.Keywords: Simple lawsuit, Judge's decision, and Implementation of the decision
Marriage Aqd Validity Through Electronic Media Based on Positive Law and Islamic Law muslimah, muslimah; Septyanun, Nurjannah; Erwin, Yulias
Fundamental: Jurnal Ilmiah Hukum Vol. 12 No. 2 (2023): Fundamental: Jurnal Ilmiah Hukum
Publisher : Universitas Muhammadiyah Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34304/jf.v12i2.130

Abstract

Telecommunications technology currently has a major effect on changes in human interaction throughout their lives, including electronic media. This rapid presence of telecommunications facilities clearly affects marriage implementation in Indonesia, namely with a long-distance marriage contract (aqd) through electronic media. Thus, this raises the pros and cons about its validity in the community. This phenomenon raises issues about its validity in positive law and Islamic fiqh. The objective of this research was to contribute conducive thoughts regarding aqad nikah via electronic media and its validity in positive law and Islamic fiqh. Due to the impact of this matter, the position of marriage aqd through electronic media has not been known about its validity. Using normative legal research with conceptual, statutory and case approaches. The results of this study showed that long-distance marriage with a marriage aqd by electronic media was still valid because it clearly fulfilled an implementation's terms and conditions, both according to Islamic Fiqh Law and according to Law Number 16 of 2019 on the amendment of Law Number 1 of 1974 concerning Marriage was legal and also looked at Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions.
Interpreting Marital Property and Inheritance Rights in Mixed Marriages: A Normative-Transcendental Approach Hadi, Alpan; Erwin, Yulias; Septyanun, Nurjannah; Jiwantara, Firzhal Arzhi
Law and Economics Vol. 19 No. 3 (2025): October: Law and Economics
Publisher : Institute for Law and Economics Studies

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/laweco.v19i3.207

Abstract

Intermarriages between Indonesian citizens and foreign nationals are becoming increasingly prevalent in Indonesia's tourist regions, along with the rise of global social and cultural connections. Despite the legal recognition and protection of mixed marriages by Law Number 1 of 1974 regarding Marriage and Law Number 12 of 2006 concerning Citizenship, their execution presents numerous legal challenges, particularly concerning citizenship status, shared property ownership, and inheritance rights. This research employs a normative legal methodology, utilizing literature review as the primary technique, and analyzes Supreme Court Decision No: XXX/Pdt.G/2020/PA.Bdg as a case study. The investigation examined pertinent legal norms, jurisprudence, and relevant legal doctrines by employing a transcendental legal method to comprehend the moral and spiritual principles underpinning these legal frameworks. The study's findings indicate that the national legal system has not adequately addressed the complexities of mixed marriages characterized by divergent legal systems and cultural origins. Restrictions on land ownership by foreign nationals present issues in mixed marriage situations about joint property. Similarly, the disparities in inheritance law systems across civil law, customary law, Islamic law, and foreign frameworks impede equitable arrangements. The transcendental legal approach provides a more inclusive and equitable perspective by grounding legal interpretation in spiritual values. This study advocates for regulatory revisions and the enhancement of international legal frameworks to achieve adaptive and compassionate legal protection that aligns with substantive justice in mixed marriages.
PERLINDUNGAN HUKUM TERHADAP PEMBELI BERITIKAD BAIK PADA JUAL BELI HAK ATAS TANAH Amin, Muhammad; Septyanun, Nurjannah; Erwin, Yulias
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1099

Abstract

This research aims to analyze the legal considerations of judges in legal protection for buyers in good faith when buying and selling land rights which are confirmed by court decisions and the Supreme Court decision. The research method used in this research is a normative juridical approach research method, the author summarizes the Selong District Court Decision, the Mataram High Court Decision and the Supreme Court Decision. Based on the results of the research, it shows that the meaning of good faith is a buyer who buys and sells land using valid procedures/procedures and documents as determined by statutory regulations and is careful by examining matters relating to the land object being agreed upon. Legal protection for buyers with good intentions is that the Panel of Judges decides the validity of the sale and purchase carried out by the buyer. Before carrying out a land sale and purchase transaction, every prospective buyer must check the land they want to buy to ensure that there are no disputes regarding the object, ensure that the seller is the original owner of the object, it would be better for the House of Representatives to make clear regulations regarding the criteria for buyers in good faith. and firm.
TANGGUNGJAWAB PRIVATE KARYAWAN DAN PERUSAHAAN TERHADAP KERUGIAN KONSUMEN Mukhtar; Septyanun, Nurjannah; Erwin, Yulias
Collegium Studiosum Journal Vol. 6 No. 2 (2023): Collegium Studiosum Journal
Publisher : LPPM STIH Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/csj.v6i2.1102

Abstract

In this trading activity, it is hoped that there will be a balance between the rights and obligations of business actors and consumers. For this reason, studying the implementation of private responsibilities of business actors in fulfilling consumer rights in terms of positive law in Indonesia is an interesting thing to study. The objectives of this research are 1) to find out and analyze the private responsibility of employees and companies for consumer losses in terms of positive law in Indonesia; and 2) to find out the judge's legal reasoning regarding consumer dispute decisions in the PN.Sel decision Number 9/Pdt.G.S/2020/PN.Sel. This study uses doctrinal normative legal research, namely a process for finding legal rules, legal principles, and legal doctrines to answer the legal issues faced. The approach used to obtain data for analysis is first, the statutory approach, second, the legal case study approach, third, the conceptual approach. This study uses qualitative data analysis, where the data is analyzed using descriptive analysis methods. From the results of the discussion, it was concluded that 1) The private responsibility of employees and companies for consumer losses in terms of positive law in Indonesia should be rejected from the start because Defendant I is a subject domiciled in Jakarta who should be a co-Defendant, and Defendant II became Defendant I, where Defendant one had no legal relationship because Defendant I was only the employer of Defendant II. The defendant cannot make an exception in accordance with the provisions of Article 20 of Supreme Court Regulation Number 4 of 2019 concerning Amendments to Supreme Court Regulation Number 2 of 2015 concerning Methods for Settlement of Simple Claims; and 2) The decision in case Number 9/Pdt.G.S/2020/PN.Sel should be rejected, because Defendants one and two are unclear in accordance with the Plaintiff's claim and there is a discrepancy regarding the position of Defendants I and Defendants II, so that the Panel of Judges handling this case must be based on the concept of Legal reasoning.
Enhancing the Jurisdiction of the Regional Notary Supervisory Council of West Nusa Tenggara Province in the Advancement and Oversight of Notaries Putra, Guntur Ilman; Hasanah, Siti; Jiwantara, Firzhal Arzhi; Septyanun, Nurjannah
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i2.210

Abstract

The position and authority of a Notary is crucial in ensuring legal clarity for individuals while undertaking legal activities. The behavior and actions of a Notary are very susceptible to abuse of their professional position, which can have negative consequences for society. In order to mitigate community losses, the establishment of a regulatory entity to oversee notaries is important. The research use the normative law research method to identify a legal rule, legal principles, and legal doctrines that can address the current legal difficulties. According to the findings of the research on the Enhancement of Authority of the Notary Regional Supervisory Council in the Development and Oversight of Notaries, the Notary Supervisory Board is empowered to conduct administrative oversight, and sanctions serve as legal repercussions for the decisions made by the Supervisory Board against a Notary who breaches the regulations pertaining to the execution of their duties in the position of a Notary, as stipulated in Legislation regarding the role and responsibilities of a Notary.
Legal Certainty-Based Implementation of Exploration and Exploitation Authorization Permits in Iron Sand Mines Fadil, Lalu Muhammad; Septyanun, Nurjannah; Erwin, Yulias; Harun, Rina Rohayu
JILPR Journal Indonesia Law and Policy Review Vol. 5 No. 2 (2024): Journal Indonesia Law and Policy Review (JILPR), February 2024
Publisher : International Peneliti Ekonomi, Sosial dan Teknologi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56371/jirpl.v5i2.212

Abstract

Iron sand mining in the Dedalpak Block began in 2009 where the authority to grant mining permits ranging from mining business permits (IUP) exploration to mining business permits (IUP) for production operations was issued by the Regent of East Lombok by adhering to article 37 of Law Number 4 of 2009. However, with the enactment of Law Number 32 of 2014 Challenging Regional Governments, the authority of the iron sand mining permit was taken by the NTB Provincial Government, then with the presence of Law Number 3 of 2020 the authority for iron sand mining business licenses by PT. AMG was taken over by the Centre. In its implementation, iron sand mining by PT. AMG with the enactment of Law Number 3 of 2020 has a significant impact on the mining licensing process for iron sand production in the Dedalpak block of East Lombok, where the central government through the Director General of Energy and Mineral Resources requires thirteen conditions so that the IUP for production operations can be obtained by PT. AMG. The company, however, has not been able to meet five requirements, so its license was suspended. Another impact, the community in the Dedalpak block circle resisted by going to race through a series of protests for the mining to be closed, because it caused a large environmental impact.
Ethics-Based Information Security System Law: Immanuel Kant's Transcendental Paradigm Jaya, Indra; Septyanun, Nurjannah; Erwin, Yulias
Journal of Transcendental Law Vol. 6 No. 1 (2024): Journal of Transcendental Law
Publisher : Universitas Muhammadiyah Surakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23917/jtl.v6i1.5714

Abstract

An ethics-based information security system based on Immanuel Kant's transcendental legal paradigm can give a strong foundation for tackling moral quandaries in AI, hacking, and information systems. Lavanya Singh highlights the necessity of instinctive ethics based on philosophical literature and presents a Kantian ethics application that adheres to the philosophical tradition. Meanwhile, Sanchita Saha et al. address ethical hacking as a method of disclosing vulnerabilities in information systems for the benefit of society, emphasizing ethical concerns in cybersecurity operations. Furthermore, Flávia Maria Santoro and Rosa Maria Esteves Moreira da Costa underline the significance of examining information systems via an ethical lens in order to negotiate conceptual conflicts and make informed judgments in delicate situations, which is consistent with Kant's moral philosophy. Using doctrinal research methodologies with legal material sources derived from literature studies and qualitative descriptive analysis. This study discovered that by incorporating Kant's concepts into information security systems, the transcendental legal paradigm may guide ethical decision making and promote responsible technological advancement. The Ethics-Based Information Security Systems Act, modeled after Immanuel Kant's Transcendental Paradigm, would prioritize universal ethical principles, respect for human autonomy, duty-bound behaviors, transparency, accountability, and a structured regulatory framework. The law will guarantee that information security is maintained not just through technological means, but also via a solid ethical foundation that respects the dignity and rights of all those concerned.
Co-Authors Alpan Hadi Aminwara, Rena Ariani, Zaenafi Bahri Yamin Bambang Setiaji Bambang Setiaji Dwi Martini Erwin, Yulias Fadil, Lalu Muhammad Fahrurrozi Fahrurrozi Firmansyah, Agus Hartawan Firzhal Arzhi Jiwantara Harun, Rina Rohayu Indra Jaya Mantika, Aesthetica Fiorini Muhammad Amin Mukhtar Muslimah Muslimah Putra, Guntur Ilman Rizan, Lalu Samsu Rohayu H, Rina Santi Mandasari Siti Hasanah Supryadi, Ady Tin Yuliani Yogi Hadi Ismanto Yuliani, Tin Yulias Erwin