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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 No. 23 of 2011 Concerning Zakat Management in LAZISMU and LAZISNU Surakarta Sekar Ingtyas Garnis Waninghyun Sejati; M. Junaidi; Mutimatun Niami
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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Abstract

Quality zakat management institutions should be able to manage existing zakat effectively and efficiently, such as LAZISMU and LAZISNU Surakarta as Amil Zakat Institutions that collect and distribute zakat, infaq and shodaqoh. The problem formulation in this research is how to manage and supervise the collection of funds at LAZISMU and LAZISNU Surakarta and how to manage and supervise the distribution of zakat at LAZISMU and LAZISNU Surakarta. So this research aims to describe the management and supervision of zakat carried out at LAZISMU and LAZISNU in Surakarta. The method used is the empirical juridical method using interview techniques and literature study. The results of this research are that various types of collection and distribution are carried out by LAZISMU and LAZISNU Surakarta 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 shodaqoh from external, namely the Ministry of Religion and from Internal in accordance with respective Islamic Community Organizations.
Analysis of Judges' Considerations in Determining Child Support after Divorce (Study of Judge's Decision Number 0233/Pdt.G/2017/MS-MBO) Muhammad Adipa Ghaza Al Azmi; M. Junaidi; Tomás Mateo Ramon
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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A child's livelihood is everything a child needs to grow and develop, for example food, clothing and shelter. The responsibility for child support lies with the parents. However, in the case of divorce, the father is still responsible for the child's life even though the child is being raised by the mother. The child's income level does not determine the minimum or maximum gross income that must be adjusted to the father's economic strength. If the father cannot really provide for the child's needs, the responsibility for the child's expenses lies with the mother. Judge's decision no. 0233/Pdt.G/2017/MS_MBO shows that the panel of judges reduced the nominal amount of child support requested by the defendant from the plaintiff. The child's expenses were initially claimed to be IDR 1,600,000, - set by the jury at only IDR 600,000, - with an additional 20% per year, the child's income will be reduced compared to the IDR originally requested. Therefore, this article will be serious about the basis of the judge's intention to reduce the amount of child support and how the child's income is determined according to Islamic law. The research methods used are field research and library research. The results of the study explain that the main basis for the judge's consideration was to reduce the child's income by the amount required due to the father's inability to pay for it. Second, the determination of child support in the decision is in accordance with Islamic law because the rules of Islamic law explain that the implementation of child support by the father must be in accordance with the father's financial capabilities.
Analysis of the Employment Law Policy for Foreigners in Indonesia in the Job Creation Law Viewed from an Islamic Law Perspective, Fathu Dzariah Wa Saddu Dzariah Rules Benanda Bunga Natasha; M. Junaidi
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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On January 22 2020 the DPR RI inaugurated the Draft Law (RUU) which included the Job Creation Bill. The inauguration of the Job Creation Bill under the leadership of President Joko Widodo aims to provide investment breakthroughs in the economic sector in Indonesia, so that it can compete with other countries. But it is very unfortunate that the steps and goals that were expected to bring progress and goodness to the Indonesian state have instead become a frightening specter among Indonesian society. The specter in question is the contents of the Omnibus Law in the Job Creation Law which provides freedom and ease for foreign workers to enter Indonesia. Meanwhile, on the other hand, there are laws which are felt to have overlapping roles, namely between Presidential Decree Number 20 of 2018 and Law Number 13 of 2003 relating to the obligation for foreign workers entering Indonesia to have written permission from the Minister or appointed official who ratifies it. According to the background of the problem above, there is a fundamental problem that will be discussed, namely how is the analysis of the Job Creation Law regarding foreign employment in Indonesia viewed from the perspective of Islamic law using the rules of Fathu Dzariah wa Saddu Dzariah? With a phenomenon like the one above, Islamic Law provides confirmation that the policy implemented by the government regarding the new regulations governing foreign workers to enter Indonesia more easily is something that causes harm even though it has a good aim for the Indonesian economy, but The bad impacts it causes are more than the good impacts on society.
Analysis of Legal Reasoning of Judge's Ruling Number 0124/PDT.P/2019/PA.SAL Concerning Pre-Marriage Pregnancy Marriage from An Islamic Legal Perspective Muhammad Johansyah Maulana; M. Junaidi
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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Marriage age is the most crucial element in the household. The age limit for Indonesian citizens is principally intended so that anyone who marries has a mature mind, a mature soul and sufficient physical strength, so that the potential for marital breakdown which leads to divorce can be avoided because they have a mature understanding and awareness regarding the purpose of marriage. which focuses on aspects of inner and outer happiness. This research uses a type of normative legal research by examining regulatory aspects regarding the concept of implementing legal protection for marriage in Decision 0124/Pdt.p/2019/PA.Sal and Law Number 16 of 2019. The judge's reasons for granting marriage dispensation by the applicant are by considering the goodness or the benefit of the people, the benefit of the child being conceived by the bride who is currently 4 months pregnant. Granting the reason for marriage dispensation must be prioritized because it is feared that it will cause greater damage. These reasons are considered by the judge in granting the request for marriage dispensation in the Compilation of Islamic Law in Indonesia which is set out in Keppers No. 1 of 1991 and Decree of the Minister of Religion No. 154/1991 stipulates that a woman who becomes pregnant outside of marriage can only be married to the man who impregnated the woman. This kind of marriage can be carried out directly without waiting for the birth of the baby the woman is carrying and there is no need for remarriage (tajdidun nikah).
Analysis of The Supreme Court's Decision in Case No. 916/PDT.P/2022/PN.SBY in Granting The Application for Registration of Interfaith Marriages in The Perspective of Marriage Law No. 1 of 1974 Nugroho Putra Liyanto; M. Junaidi
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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Abstract

Indonesia is a country with multi-religious citizens. The large variety of religions and beliefs held by Indonesians makes it possible for them to have heterosexual marriages. Marriage regulations in Indonesia are stated in Law No. 1 1974 concerning marriage. How the place of marriage between different religions in the law is still a matter of debate. There is an article that says that about marriage between different religions. The decision of the Supreme Court of the Republic of Indonesia regarding accepting the request for freedom from marriages of different religions. The Surabaya District Court is the entry point for the legal legitimacy of marriages of different religions in Indonesia. The purpose of this article is to review and analyze the Supreme Court's decision in issuing a request for registration of marriages between different religions at the Surabaya District Court, and examine the legal position of marriages between different religions in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. Studying it is a normative study using legal methods in Indonesia. Based on the analysis of legal hardware, it is found that marriages of different religions according to Indonesian marriage law are prohibited and declared invalid.
Legal Reasoning for Interfaith Marriage Case Study Yogyakarta District Court Decision Number 378/Pdt.P/2022/PNY.yk Rizza Rohmatul Hasanah; M. Junaidi
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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This journal discusses the decision of the Yogyakarta district court Number 378/Pdt.P/2022/PNY.yk in the case of interfaith marriages. The purpose of this article is to analyze the legal reasoning used by the court in deciding this case. The method used is a case study, with data collection techniques through analysis of court decision documents and related literature. The results of the analysis show that the court uses legal reasoning by considering statutory regulations, previous court decisions, as well as information and evidence presented by both parties. The court also considers the interests and welfare of the child in deciding the case. In conclusion, this article shows that the legal reasoning used by courts in deciding cases of interfaith marriages is important to understand in the context of protecting individual rights and family welfare.
Harmonization of Soil Functions in Maintaining Food Security according to Agrarian Jurisprudence Nada Nabila Fatihah; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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The writing of this article is with the aim of analyzing the harmonization of soil functions in maintaining food security according to agrarian jurisprudence. This research was taken based on problems that arise in large-scale land use, which tends to be in the development sector to meet personal needs, as well as declining land use for food needs. Food security is a vital need that must be met and maintained for survival. In this writing, it is based on library research using the normative juridical approach method, which is an approach based on normative postulates in the Qur'an and hadith as well as the rules of fiqh. This research raises the perspective of agrarian jurisprudence as a basis for analyzing and solving food security problems, which integrates Islamic principles with the importance of soil function management. The results of the study show that maintaining soil harmonization is very important to maintain food availability. In addition, this study found that in agrarian jurisprudence, sustainable land management, fair distribution, and prohibition of exploitation can strengthen food security. The conclusion of this study is that the application of agrarian fiqh principles can provide solutions in maintaining soil function and food security challenges. The implementation of fair and sustainable agrarian policies is needed to achieve the welfare of the entire community. As well as increasing awareness of the importance of harmonizing soil functions in maintaining food security.
Analysis of The Legal Reasoning in Judgment No. 454/PID.B/2024/PN.SBY regarding Crimes against Life Jasmine Fahira Maulana; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This study aims to analyse the judge's ruling (Ratio Decidendi). The analysis begins with suspicions that seek the truth through in-depth examination of the case. The judge's decision to acquit the defendant of all charges brought by the public prosecutor-under Articles 338 and 351-raises the researcher's curiosity. The judge concluded that the defendant's actions did not constitute a criminal offense. However, the actions meet the criteria of assault under Article 351 of the Indonesian Penal Code. Assault is an intentional act against a person's body that causes pain or injury and may even result in death. This research uses a normative legal method by analysing a case using a statutory approach. Data were obtained from secondary sources through literature, including primary and secondary legal materials, then analyzed qualitatively and concluded deductively. The findings show that the panel of judges issued a verdict acquitting the defendant of all charges in an assault case resulting in death (Judgment No. 454/Pid.B/2024/PN.Sby), which the researcher considers far from achieving justice. In the researcher's view, this ruling is incorrect because the defendant committed a clear criminal act without sufficient justification to negate the offense. The judge's legal considerations in ruling No. 454/Pid.B/2024/PN.Sby show that the defendant met the elements of a criminal offense under Article 351 paragraph (3) in conjunction with Article 55 of the Criminal Code, and the evidentiary requirements outlined in Article 183 of the Criminal Procedure Code were fulfilled.
A Maqashid Shariah Perspective on The Limitation of Subsidized Fuel (BBM) Anisah Maharani Putri Werdani; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Fuel (BBM) is a vital commodity that significantly affects the livelihood of the general public. Currently, the use of subsidized fuel remains misdirected, with many financially capable individuals taking advantage of government-provided subsidies. Therefore, this paper seeks to examine the public benefit (maslahah) of limiting subsidized fuel distribution, in line with the objectives of maqashid shariah. This study employs a normative-juridical method using a descriptive-analytical approach, library research, and qualitative data analysis. The findings indicate that the concept of limiting subsidized fuel constitutes a maslahah dharuriyyah (essential benefit). According to the classification of Imam Al-Syatibi, this type of benefit, if neglected, can pose a threat to the safety of human life. The author argues that the policy of limiting subsidized fuel is an appropriate first step, as it impacts various sectors and prioritizes the public interest. Therefore, it is recommended that the government consistently socialize this policy to the community.
Implications of Constitutional Court Decision Nunber 69/PUU-XIII/2015 on The Status of Marriage Agreements and The Regulation of Joint Property Separation Bertha Salmania Putri; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 4 No. 1 (2025): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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This research is motivated by the increasing number of divorce cases involving disputes over joint property acquired during marriage. Additionally, many couples bring assets into the marriage, prompting some to enter into a marriage agreement that separates their assets. This study aims to examine: (1) the legal standing of marriage agreements made before and during marriage based on Constitutional Court Decision Number 69/PUU-XIII/2015, and (2) the implications of this decision on marriage agreements made during marriage. The research method used is normative juridical. The study aims to provide a clear and concise overview of the legal force of marriage agreements executed after marriage. The results indicate that (1) marriage agreements made after marriage carry the same legal force as court rulings and are legally recognized under the Constitutional Court Decision, and (2) the decision introduces new provisions allowing marriage agreements to be made during marriage—deviating from previous provisions under Law Number 1 of 1974 on Marriage, which only allowed agreements to be made before marriage.
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