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All Journal Tajdida Profetika Law and Justice Syntax Literate: Jurnal Ilmiah Indonesia Pena Justisia: Media Komunikasi dan Kajian Hukum At-Tarbawi : Jurnal Pendidikan, Sosial dan Kebudayaan Corruptio Journal of Transcendental Law Berajah Journal Prosiding University Research Colloquium Jurnal Penelitian Ilmu-Ilmu Sosial Law and Justice Al-Ahkam: Jurnal Ilmu Syari'ah dan Hukum Jurnal Jurisprudence Profetika: Jurnal Studi Islam Prosiding Seminar Nasional Program Doktor Ilmu Hukum Proceeding International Conference Restructuring and Transforming Law
M Junaidi
Universitas Muhammadiyah Surakarta
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Medicine & Pharmacology Social Sciences Other

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Implementation of Law Number 23 of 2011 on Zakat Management in LazisMU and LazisNU Pati Regency Fitrah Pangestullah Putra Renjana; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Zakat is one of the pillars in the pillars of Islam which is in third place after prayer, with its existence zakat is one of the supporting pillars for the perfection of Islam. Quality zakat management institutions should be able to manage existing zakat effectively and efficiently, such as LAZISMU and LAZISNU Pati Regency as Amil Zakat Institutions that collect and distribute zakat, infaq and shadaqah. The formulation of the problem in this research is how to manage and supervise fund collection in LAZISMU and LAZISNU Pati Regency and how to manage and supervise zakat in LAZISMU and LAZISNU Pati Regency. So in this case the research aims to describe the management, collection and distribution of zakat as well as the factors inhibiting and encouraging the implementation of zakat carried out at LAZISMU and LAZISNU in Pati. The method used is the empirical juridical method with interview techniques and literature study. The results of this research are that various kinds of supervision and collection are carried out by LAZISMU and LAZISNU Pati with their respective Flagship Programs, and there is a supervisory body that carries out supervisory functions over the collection and distribution of zakat, infaq and shdaqah from external, namely the Ministry of Religion and from Internal in accordance with respective Islamic Community Organizations.
Corruption Arrest Hand Operation based on Wiretapping Process Conducted by The Corruption Eradication Commission from The Perspective of Islamic Criminal Law Muhammad Arri Widiawan; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The Corruption Eradication Commission is an independent institution responsible for handling cases related to corruption, the Corruption Eradication Commission itself has the freedom to conduct investigations to bring into the realm of law against a person or a corporation suspected of being a perpetrator of corruption. Within the Corruption Eradication Commission itself, there is a Trident that it uses in enforcing the law against corruption. One of the Trident, there is the freedom given to the Corruption Eradication Commission to carry out wiretapping actions to prevent a crime of corruption which can then be claimed as one of the most successful efforts in stopping the crime of corruption. This then raises unrest and very brutal questions about the freedom possessed by the Corruption Eradication Commission to access personal data or personal property belonging to a person on the grounds of preventing corruption. This is a violation of a person's privacy data, and can be said to violate human rights which are deliberately protected by law. Islam then comes to provide some answers to the actions taken by the Corruption Eradication Commission, Islam does not only look from the angle of the aggrieved or from the narrow angle of the solution offered. However, this is part of Fiqh, which in a broad sense has many different meanings and understandings. This research will provide an overview of how Islamic law and the criminal context regarding wiretapping actions taken by the Corruption Eradication Commission to prevent corruption. This research uses Normative research methods and descriptively will provide a broad and concise description and provide examples of examples or actions that can be a way out.
Analysis of Legal Reasoning of Judge's Decision Number 1429/Pdt.G/2013/Pa.Tng about Hadhanah Child Custody Rights to Non-Muslim Husbands under Positive Law and Compilation of Islamic Law Elsa Putri Supriyanto; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The purpose of this research is to analyze the basis of legal reasoning for the judge's decision Number 1429/Pdt.G/2013/Pa.Tng regarding child custody of non-Muslim husbands discussed in positive law and the legal context of the Compilation of Islamic Law. The research method used is a literature analysis of the judge's decision and related laws and regulations with a normative approach that refers to relevant legal theories and legal doctrines. The results of the analysis show that the legal reasoning in the decision is strongly influenced by the provisions of the applicable positive law and also reflects the consideration of Islamic law in the codification of Islamic law. The findings provide a deeper understanding of how courts apply positive and Islamic law in resolving cases involving various aspects of family law, particularly cases concerning child custody in interfaith marriages. The implications of this analysis contribute to the development of more comprehensive legal thinking and judicial practice, particularly in the context of Indonesia's legal pluralism.
Comparative Study of Restorative Justice with The Concept of Al-'Afwu in Criminal Offenses Rini Eka Agustina; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The aim of this research is to determine the difference between the concept of restorative justice and al-'afwu in criminal acts. The type of research used is descriptive qualitative research with a library research approach. Data analysis uses the Miles and Huberman model which states that data analysis includes data reduction, data presentation and drawing conclusions. Primary data sources are taken from the Criminal Code and secondary data sources from books, journals and other relevant references. From the analysis of existing data, the following research results were obtained: (1) the type of criminal behavior in restorative justice is classified as a lighter crime level, while al-'afwu is classified as a serious crime level, such as murder and assault. (2) compensation for losses, restorative justice receives compensation in the form of material or money. while al-'afwu compensates for the loss with diyat which compensates the loss in the form of property to the victim as compensation for the loss. (3) the aim of criminal punishment, restorative justice does not only focus on the perpetrator, but also looks at the recovery of the victim, the perpetrator of the crime, and involves community participation. pays attention to the process of healing, reconciliation and reintegration, while al-'afwu prioritizes preventing damage/misfortune in human life, and revenge as a reward for the perpetrator's actions with the aim of preventing crime.
Islamic Law Analysis of Sadd Adz-Dzari'ah on The Conversion of Agricultural Land in Karanganyar Regency Rizki Ajudiansyah; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This article reviews in depth the aspects of Islamic law related to the conversion of agricultural land, focusing on the principle of Sadd Adz-Dzari'ah. This principle is the main foundation of this research, playing an important role in regulating the process of land transformation and setting legal boundaries that must be obeyed. Through a case study conducted in Karanganyar Regency, this research aims to evaluate the application of the Sadd Adz-Dzari'ah principle in the context of agricultural land conversion and provide an in-depth understanding of the principles, to assess its implementation in agricultural land conversion in Karanganyar Regency, to analyze the social, economic and environmental impacts of land use change and propose policies to the local government to improve justice and sustainability, taking into account Islamic values. The research method is based on a qualitative approach with in-depth interviews and document analysis. The collected data were analyzed using content analysis techniques to identify patterns and main themes related to the application of Sadd Adz-Dzari'ah principles in agricultural land conversion. The results showed that the Sadd Adz-Dzari'ah rule has a central role in regulating and guiding the process of conversion of agricultural land into housing within the framework of Islamic law. This research highlights that the conversion of agricultural land to housing is not just a physical change, but also involves significant social, economic and environmental aspects. Social impacts include changes in the lifestyle of rural communities, while economic impacts include aspects of increased land value and changes in livelihoods. Environmental impacts include vulnerability to land degradation and loss of biodiversity. This research is expected to make a significant contribution to the understanding of the relevance and implementation of the Sadd Adz-Dzari'ah principle in the context of rural land use change. It also aims to provide a foundation for better policies that are in line with Islamic values.
Legal Protection of E-Commerce Couriers in Cash on Delivery Payment System Ndaru Anggara Prabajati; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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E-commerce platform purchases provide convenience in transactions, namely with cash (Cash On Delivery) or non-cash through transfer methods or other digital wallets. The Cash On Delivery payment system is a payment method that is made on the spot after the purchase order delivered by the courier is received by the buyer. Payment by this method is considered very easy because no account is needed and can minimise fraud. The method used in this research uses normative research methods. This method is carried out by conducting library research on secondary data sources such as legal regulations, books and other research in the field of law. The role of the courier is as a person appointed by the Company to replace the power of the Company engaged in shipping services. Legal protection of couriers in the Cash On Delivery payment system has been regulated in Article 1601B of the Civil Code. The article regulates the requirements that must be met by couriers and has also been clarified in Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning Electronic Information and Transactions.
The Effectiveness of Fostering Children in The IIB Boyolali State Detention Center Bryllian Erix Darmawan; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to examine and analyze the effectiveness of fostering for fostered children in Boyolali Class II B State Prison, The method used for research is empirical juridical, the analysis method used by the author uses qualitative methods. The process rather than carrying out punishments for violations of the law committed by the violators of the law itself. This penalty is intended to provide a deterrent effect on violations committed to make the violator not do it again. The purpose of punishment is not just to retaliate against people who have committed a criminal act, but has certain useful purposes, guidance inthis nature has been regulated in Law Number 22 of 2022 Article 50. There are three types of fostered child development, namely Education Development, Personal Developmentand Independence Development. The prison system is implemented in prisons or, but before prisoners are detained in prisons the accused are held in Rumah Tahanan Negara to await the verdict of the criminal conviction. Boyolali Class IIB detention center applies several ways to improve personality so that fostered children who will return to their parents become better and law-abiding individuals and can be accepted by the general public. The effectiveness of law in Indonesia itself is based on the use of existing rules. With the rules and can be carried out properly, it can be said to be effective. The effectiveness obtained in fostering has met the criteria with the implementation of fostering that runs properly in accordance with the provisions of the law supported by complete infrastructure facilities. What distinguishes it from previous researchers is that this study focuses on all fostering carried out in detention centers while previous researchers focus on one type of fostering carried out in prisons.
Analysis of Freedom of Expression: A Case Study on Religious Court Decision Number 726/PID SUS/2023/PN PLG Ardi Eka Kurniawan; M. Junaidi; Yoesoef Moestofa; Natangsa Surbakti; Bambang Sukoco
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to understand and analyze the judicial consideration that affects freedom and the review of freedom of expression on social media according to positive law. This juridical-normative study is examined using descriptive analysis method and legislative approach. The data examined are obtained from secondary data sources consisting of primary and secondary legal materials. The results of the research show that the legal case in Religious Court Decision Number 726/PID SUS/2023/PN PLG related to religious blasphemy on social media, when associated with freedom of opinion and expression, may disrupt the judge's decision-making and imposition of sanctions because the judge's decision can trigger reactions that may lead to conflicts among society, causing negative perceptions regarding the law's clarity in handling the issue and significant impacts such as the emergence of similar cases and their association with freedom of expression when someone violates legal regulations. The implementation of law enforcement regarding freedom of expression concerning religious blasphemy on social media is not uniform and comprehensive. Based on the findings of the study, religious blasphemy on social media is still not optimally addressed by the existing laws. The aim of law enforcement is to protect all religions and ensure the protection of individual rights in expressing opinions. Legal actions are expected to comply with applicable laws and not hinder the judicial decision-making process in handling cases related to religious blasphemy and freedom of expression.
An Analysis of The Professional Separation of Educators (Lecturers) and Political Party Participants in The Civil Servant in The 2024 Election Taufiq Hidayat; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 3 No. 1 (2024): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Political parties can be interpreted as a means for citizens to participate in the management of the state. Political parties are new organisations that have emerged in society, younger than existing organisations in society. Lecturers as state officials, namely the Civil servant (ASN) in their role as educators and as political party participa nts in elections must be able to balance their main duties as a lecturer. As regulated in Law Number 14 of 2005 which discusses teachers and lecturers who have the right to participate in political parties. However, many laws and regulations in Indonesia r egulate the prohibition of state officials to attend elections directly. This research uses one method, namely the juridical normative research method with a statutory approach and a conceptual approach, where the legal materials used are in the form of la ws and regulations as primary legal materials and books, legal journals as secondary legal materials, and other supporting sources through the internet in tertiary legal materials with qualitative descriptive legal material analysis techniques. Universitie s are at the forefront of creating citizens with academics and integrity. The 2024 election is a place to present prospective leaders who have integrity and quality. Lecturers as teaching staff have a role and contribution as parties who maintain the ethics and integrity of a nation's development. The role of universities in the context of elections that are in accordance with the principles of the elections themselves, of course the actors in universities, such as students and lecturers, are the main actor s to encourage this.
Potential for Legalization of Marijuana According to Islamic Law in The Study of The Rules of Fathu Dzariah wa Saddu Dzariah Ade Nur Rizal Lul Huda; M. Junaidi; Indah Maulani
Proceeding International Conference Restructuring and Transforming Law Vol. 2 No. 2 (2023): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Determining the illegalization of marijuana in Indonesia always reaps many pros and cons in society. Law Number 35 of 2009 concerning Narcotics is the main basis for prohibiting marijuana plants for medical purposes, even though some treatments require the Thetrahydrocannabinol or THC-9 content of marijuana plants. Various attempts to release marijuana from Category I narcotics have occurred many times, both through literature from the marijuana research community, and even PUU before the Constitutional Court. The Ministry of Health has repeatedly issued regulations regarding the classification of Narcotics, but Marijuana is still in Class I Narcotics. In Islamic law, Marijuana is legal in jurisprudence in qiyas by several fiqh scholars with Khamr because it has similarities in the consequences of its use, namely loss of mind, even though The origin and substances contained are different. But there are several scholars who do not agree with this qiyas, this is based on Khamr which has no benefits at all while Ganja still has benefits in it, moreover, no Nash clearly mentions the prohibition of Marijuana in Islam. This research was conducted using the Normative Juridical research method, so this research will focus on the legislative approach, conceptual approach, approach to Islamic law and analysis of the rules of Usul Fiqh. The final aim is to state whether marijuana is worthy of being legalized in Indonesia in the study of the fiqh proposals of Fathu Dzariah and Saddu Dzariah's rules.
Co-Authors Abdul Hakim Absori Achmad Miftah Farid Ade Nur Rizal Lul Huda Aditya Denny Permana Amaylia Noor Alaysia Anisah Maharani Putri Werdani Ardi Eka Kurniawan Arief Budiono Aries Isnandar Bagas Adi Priyoga Bambang Sukoco Benanda Bunga Natasha Bertha Salmania Putri Bryllian Erix Darmawan Budi Santoso Dania Nalisa Indah Denta Lufy Nur Yandini Devi Luluk Andriani Dewi Kusuma Diarti Diana Setiawati Difiyan Rachel Ovisina Elsa Putri Supriyanto Engine Kubota Farid Nur Mustaqim Febriani, Hanifah Fitrah Pangestullah Putra Renjana Hidayat, Syamsul Hurin Rusyda Zakiyah Imansyah, Resky Gustiandi Candra Indah Maulani Iqbal Muhammad Ichsan Isman Isman Jan Alizea Sybelle Jasmine Fahira Maulana Kelik Wardiono Kiki Samudera Kuswardhani Kuswardhani Labib Muttaqin Lutfi Robiatul Adawiyah M Masithoh Marisa Kurnianingsih Masithoh Masithoh Mila Cahyawati Moh. Indra Bangsawan Muhammad Adipa Ghaza Al Azmi Muhammad Arri Widiawan Muhammad Iqbal Almuwafiqi Muhammad Johansyah Maulana Mustika Ayu Ariftiyani Mutimatun Niami Nabila Rahmawati Rama Nada Nabila Fatihah Natangsa Surbakti Ndaru Anggara Prabajati Nugroho Putra Liyanto Pandu Firmansyah Rafi’ Purnomo Cahyo Utomo Resky Gustiandi Candra Imansyah Resta Pratama Faudi Rini Eka Agustina Rio Pradita Wibowo Rizka Rizki Ajudiansyah Rizza Rohmatul Hasanah Rochman Hadi Mustofa ROUDLOTUL JANNAH Rusydi Hakim Sandya Mahendra Sekar Ingtyas Garnis Waninghyun Sejati Septarina Budiwati Sudaryono Sudaryono Sudaryono Sudaryono Syaifuddin Zuhdi Taufiq Hidayat Tomás Mateo Ramon Trisno Rahardjo Wardah Yuspin Wisnu Tri Nugroho Yoesoef Moestofa Yogi Prasetyo Yusril Aulia Patra