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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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Legal Protection for Household Assistants as Victims based on Law Number 23 of 2004 on The Elimination of Domestic Violence Mila Cahyawati; 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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Abstract

This study is based on the case of household assistants, or ART, who often suffer violence that is part of household violence itself, even though in its terminology the perpetrators and victims are part of the household. In this case, a household assistant is a person who is outside the family circle but is often the target of household violence incidents. This research aims and will focus on legal protection for household assistants who are often victims of household violence itself, which will be analysed legally based on Law Number 23 of 2004 concerning the Elimination of Domestic Violence. The research method used is a doctrinal approach and normative legal; the researcher wants to provide a broad and brief description of the legal protection for household assistants who are victims of household violence from the existing law regulations. From the author's in-depth study, it was found that the results of the study were to provide a reference for household assistants in handling the resolution of domestic violence found and become a general description of the actions and legal protection related to violent acts against household assistants in the scope of the household. As well as emphasizing the position of household assistant in the scope of the household and providing legal certainty for household assistants as victims of domestic violence.
Legal Protection for Children Involved in Narctics Abuse from An Islamic Law Perspective Yusril Aulia Patra; 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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Abstract

The abuse of narcotics by children is a serious issue that threatens not only their health but also violates existing legal norms. This research focuses on the fact that children involved in such cases require an approach that is not solely punitive (repressive), but also rehabilitative. In Islamic teachings, protection of children is based on the values of compassion (rahmah), justice (al-'adalah), and public benefit (maslahah). This study explores how these principles are applied to protect children from the harmful effects of narcotics while also offering them opportunities for rehabilitation. The method used in this research is normative juridical, using a literature review approach. The legal basis used includes primary and secondary legal sources, which are analyzed deductively. The results of the analysis indicate that both Islamic law and national law align in promoting restorative justice, aiming for comprehensive protection of children. These findings are expected to serve as a foundation for developing more humane legal strategies focused on safeguarding children's rights.
Legal Reasoning of Judge's Decision No. 70/PID.SUS-TPK/2024/PN JKT.PST. on Corruption in The Mining Sector from The Perspective of Prophetic Legal Justice Rio Pradita Wibowo; 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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Abstract

As a state of law, Indonesia must guarantee legal certainty to its people. This article aims to analyze the considerations of the judges of the Central Jakarta District Court case number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. according to the view of prophetic legal justice, in addition to providing insight to judges so that they can create legal reasoning that supports legal certainty, both from the concept of legislation and the concept of legal justice. This research uses a juridical-normative approach method with data types in the form of primary and secondary data. The results of this study are first, the legal facts show that in this case the panel of judges who examined and tried case number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. did not heed the philosophical, juridical and sociological aspects in accordance with the rules on Corruption Punishment in giving a verdict against the defendant. Second, Indonesia as a state of law adheres to divine justice. The judge's decision number 70/Pid.Sus-TPK/2024/PN Jkt. Pst. with the view of Prophetic Justice, the concept of prophetic justice encourages social, ecological, and spiritual responsibility in every legal policy, including in the natural resource sector.
Analysis of Judge’s Considerations in Decision Number 1441/Pid.Sus/2019/PN Mks Alleged Case of Malpractice Reviewed from Law Number 17 of 2023 Denta Lufy Nur Yandini; 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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Medical malpractice is an error by medical personnel that violates the code of ethics and standards of procedure, while negligence is an accident in medical action, with both having the potential to cause harm to patients, so that legal and medical professional regulations require informed consent and regulate criminal liability for violations of professional standards and negligence. The purpose of this study is to explain related to the analysis of the judge's consideration in Decision Number 1441/Pid.Sus/2019/PN Mks in review of Law Number 17 of 2023. By using a normative juridical method with a case study of Decision Number 1441/Pid.Sus/2019/PN Mks and a descriptive approach to reveal and explain the criminal act of medical personnel malpractice in a legal perspective supported by literature study data sources. The results of this study are Decision Number 1441/Pid.Sus/2019/PN Mks acquitting the defendant because the element of negligence in Article 360 paragraph (1) of the Criminal Code was not proven legally and convincingly. Administrative violations, such as the absence of certification and written informed consent, are considered more appropriately handled ethically and administratively. The judge applied the principle of in dubio pro reo and assessed medical complications as a risk of medical action, not the fault of the defendant. This verdict emphasizes that law enforcement must consider medical professionalism, procedural standards, and the principle of justice without conviction without strong evidence.
Legal Protection of Consumers in Online Buying and Selling according to Islamic Law and Consumer Protection Law Resta Pratama Faudi; 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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Abstract

The purpose of this research is to analyze how legal protection is obtained by consumers in online buying and selling. The legal protection analyzed is not only from the existing positive legal rules, but also from Islamic law. This research is motivated by the increasing number of online buying and selling models. Online shop itself is a term that emerged in the early 2000s regarding buying and selling systems based on the internet and applications. So, it is necessary for people who use online buying and selling to know the legal protection they get. The research method used is doctrinal normative research. The material studied is the laws and regulations. The rules are examined qualitatively to describe how legal protection is contained in the law. The results obtained in this study are that both in the rules of positive law and Islamic law it is found that consumers are protected. The legal protection obtained is both preventive and redressive. So that in the end, with this legal protection, both producers and consumers must and obey the existing regulations. So that the online buying and selling process is mutually beneficial to both parties, both producers and consumers.
Islamic Legal Views on The Implementation of Diversion towards Children Involved in Narcotics Crimes Farid Nur Mustaqim; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

The abuse of narcotics involving children has become a very serious issue, as it affects their physical and mental development as well as their future. Within the juvenile criminal justice system in Indonesia, diversion is used as an effort to resolve cases outside the court through a restorative justice approach. This study aims to examine the perspective of Islamic law on the implementation of diversion for children involved in narcotics-related crimes. The research employs a normative juridical method with statutory and conceptual approaches. Data were obtained through literature study, including primary legal materials such as legislation, the Qur'an, and Hadith, as well as secondary legal materials such as books, scientific journals, and expert opinions. The novelty of this research lies in the analysis of the relationship between the concept of diversion in the juvenile criminal justice system and the principles of Islamic law, particularly the concepts of maqashid al-sharia, islah, and musyawarah in handling children involved in narcotics crimes. The results show that, from the perspective of Islamic law, children are regarded as a trust (amanah) that must be protected and nurtured. Diversion is understood as a form of resolution that aligns with the principles of islah and musyawarah, which emphasize peace, restoration of social relationships, and opportunities for children to improve themselves. In practice, the implementation of diversion involves law enforcement officers, families, communities, and social institutions through a deliberation process that results in agreements in the form of rehabilitation, guidance, and social reintegration of the child. The implementation of diversion for children involved in narcotics crimes is in line with the values of Islamic law, which emphasize protection, guidance, and rehabilitation of children in order to achieve restorative justice and a better future for them.
Implementation of Restorative Justice as An Alternative in Resolution to Criminal Acts of Abuse Against Children: A Case Study at The Boyolali District Prosecutor's Office Pandu Firmansyah; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Abstract

Child abuse is a crime that causes long-term physical and psychological impacts. The retributive criminal justice system is considered incapable of providing substantive justice for both child victims and perpetrators. Restorative justice presents as an alternative paradigm that emphasizes the restoration of relationships and social reconciliation. This research uses an empirical legal method (sociolegal research) with a qualitative descriptive analytical approach through in-depth interviews, observations, and literature studies at the Boyolali District Attorney's Office. This study reveals the exclusive nine-stage mechanism at the Boyolali District Attorney's Office that integrates social rehabilitation programs as an integral part of the restorative process, an innovation that has not been widely studied at the district prosecutor's office level. Implementation is carried out through nine systematic stages, from receiving the SPDP to community outreach, with four main criteria that the latest Attorney General's circular flexed to a minimum of two requirements. Supporting factors include a strong legal basis, leadership commitment, the Rumah Restorative Justice (Restorative Justice House), and multi-stakeholder collaboration; the main obstacles include victim rejection and limited public understanding. Restorative justice has proven more effective in providing substantive and humane justice for children, in line with the principle of the best interests of the child mandated by the Indonesian legal system.
Legal Study of The Differences in The Application of Article 2 and Article 3 of The Correspondence Law in Market Development Corruption Cases (Case Study of Decision Number 33/PID.SUS-TPK/2025/PT SMG) Bagas Adi Priyoga; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Introduction:Corruption is an extraordinary crime that disrupts legal stability, the economy, and public trust in the government. Because it comprises distinct elements, namely unlawful acts and abuse of authority, Articles 2 and 3 of the Corruption Eradication Law are often interpreted differently in Indonesia's law enforcement system.Method: In this normative legal research, a case approach is used which is derived from secondary data such as court decisions, laws and regulations, books and scientific journals collected through literature review and descriptive analysis.Novelty: This research differs from previous research, namely, examining the judge's considerations in the market development corruption case with an emphasis on the differences in how Article 2 and Article 3 of the Corruption Law are applied.Objective: This study aims to see how judges consider Article 2 and Article 3 of the Corruption Law, as well as the legal consequences of the differences in the application of the two articles in the corruption case of the construction of the Kedungwuni Market, Block F, Pekalongan Regency, which was decided under Number 33/PID.SUS-TPK/2025/PT SMG.Results: Research shows that the panel of judges applied Article 3 of the Corruption Eradication Law because the defendant's actions more closely resembled abuse of authority in carrying out his duties as a project supervisor, resulting in state financial losses. The legal interpretation of the differences in the application of the two articles relates to differences in the elements of proof, the type of criminal liability, and the potential penalties imposed on the perpetrator.Conclusion: Therefore, consistency is needed in the interpretation and application of these two articles in order to create legal certainty and fair law enforcement in criminal acts of corruption.
The Authority of Police Investigative in Implementing Diversion on Children in Conflict with The Law as Reviewed from The Principles Best Interests of The Child (Study at the PPA Unit of the Grobogan Police) Mustika Ayu Ariftiyani; M. Junaidi
Proceeding International Conference Restructuring and Transforming Law Vol. 5 No. 1 (2026): Proceeding International Conference Restructuring and Transforming Law
Publisher : Universitas Muhammadiyah Surakarta

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Introduction: Children, as individuals in their developmental phase, require special protection when dealing with the law to avoid the negative impacts of the formal justice system. This research is motivated by the important role of investigators from the Grobogan Police Women and Children Unit (PPA) in implementing diversion to guarantee children's rights. This research uses an empirical juridical approach to analyze the factual application of legal norms in the field.Method: Data was collected through in-depth interviews with investigators from the PPA Unit of the Grobogan Police and literature studies of related regulations.Novelty: The difference between this article and previous research lies in the specific analytical focus on the effectiveness of investigators' authority in the Grobogan Police jurisdiction in implementing the principle of the best interests of children through the provision of deliberation facilities and the involvement of community leaders as mediators.Results: The implementation of diversion at the Grobogan Police Women and Children Unit (PPA) is guided by the Child Protection and Child Protection Law (UU SPPA). Investigators act as neutral facilitators, providing deliberation facilities, while mediation is conducted with community leaders to maintain objectivity. The principle of the best interests of the child has been implemented through a communicative-persuasive approach, identity protection, and the fulfillment of children's rights during the investigation process to minimize psychological stress.Conclusion: The implementation of diversion at the Grobogan Police Women and Children Unit integrates formal regulations with social moral authority through collaborative facilitation involving community leaders. This legal protection prioritizes the principle of the child's best interests, taking into account their mental health and environment. social to prevent trauma and ensure the future well-being of children.
Potential Criminalization of Beating a Nusyuz Wife in Islamic Law: an Examination of Law No. 23 of 2004 Concerning The Elimination of Domestic Violence M Junaidi; Absori Absori; Rizka Rizka; Rusydi Hakim; Arief Budiono
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 2 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i2.4215

Abstract

In the case of so much the role of the husband towards his wife, the Shari'a gives legitimacy to husbands to beat nusyuz wives. However, the permissibility of hitting a wife to educate is not explained clearly in the Qur'an, how to beat her or when it is permissible, so that this beating has the potential to be punished according to Law No. 23 Years of Articles 5 and 6 concerning the elimination of Domestic Violence (KDRT). The gap that occurs between the prohibition of domestic violence as regulated in the law and the permissibility of hitting one's wife in Islamic law becomes an ongoing polemic if there is no bright spot for an in-depth discussion that has the potential to criminalize Islamic law. This research uses a normative doctrinal approach. The main data source is secondary data in the form of documents. This research is descriptive in nature which explains in detail the data collection and the current situation. The data collection technique is done by means of literature. The data analysis method of this paper is normatively qualitative, initially identifying through various forms of documents. Next, examine the data obtained from the field and literature by studying the rule of law to generate data and conclusions from the materials obtained by the researcher. From this research, it was found that the hitting procedure that has been put forward by the opinion of the Syafi'i, Hanafi, and Hanbali schools is categorized as a misdemeanor in Article 44 paragraph (4) of the 2004 PKDRT Law, because this procedure of hitting basically causes pain, inflicted by the husband on his wife, and this physical violence does not cause illness or hinder the victim's ability to work, carry out his position, or carry out daily activities. Meanwhile, Imam Malik's opinion requires that the procedure for hitting him should not be painful or cause pain, so that he does not qualify as a crime of physical violence in the PKDRT Law.
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