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All Journal AT-TAFAHUM: Journal of Islamic Law
Suwandi, Suwandi
National Sun Yat-sen University
Arts Humanities

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Women's Rights as Human Rights: A Critique of the Patriarchal Perspective in the Legal System and Its Implementation in Indonesia Suwandi, Suwandi; Quraeny, Ghina Angelina
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29031

Abstract

This study examines women's rights as part of human rights within the Indonesian legal system. Although Indonesian law provides protection for women, its implementation still faces numerous obstacles. The study finds that the existing human rights system tends to be masculine and patriarchal, often ignoring issues of violence and discrimination within the domestic sphere. The persistent patriarchal culture in Indonesia is a major obstacle hindering the achievement of gender equality. It analyzes the various obstacles women face in participating in public life, particularly in politics and government, including direct, fundamental, and structural barriers. This study uses normative legal methods by analyzing various national and international legal instruments, academic literature, and related secondary data. The results indicate that improvements in legal implementation, changes in patriarchal culture, women's empowerment, and institutional reform are needed to truly achieve gender equality. This article also provides a comprehensive understanding of the complexity of women's rights issues and offers strategic recommendations for improving the system as a whole.
The Role of Law Enforcement Officers in Eradicating Online Gambling Suwandi, Suwandi; Nasution, Bunga Amalia
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 2 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i2.29201

Abstract

Online gambling is a form of cybercrime that has experienced rapid growth along with advances in information and communication technology in Indonesia. This phenomenon not only impacts the legal aspects but also creates social and economic problems in society. This study aims to analyze the role of law enforcement officials in eradicating online gambling practices and identify obstacles faced in the law enforcement process. The research method used is normative juridical, with a statutory regulatory approach and literature review. The results indicate that law enforcement officials play a crucial role through preventive and repressive measures, such as website blocking, investigations, arrests, and prosecutions based on the provisions of the Criminal Code and the Information and Electronic Transactions Law. However, various obstacles remain in its implementation, including technological limitations, the transnational nature of the crime, and a lack of coordination between institutions. Therefore, stronger synergy is needed between the government, law enforcement officials, and the public to increase the effectiveness of eradicating online gambling in Indonesia.
Definition, Function, and Scope of Legal Drafting Suwandi, Suwandi; Dani, Muhammad Prian
AT-TAFAHUM: Journal of Islamic Law Vol 6, No 1 (2022)
Publisher : Program Pascasarjana UIN Sumatera Utara Medan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.7006/attafahum.v6i1.29191

Abstract

Indonesia, as a nation governed by the rule of law, demands high-quality legal products to ensure legal certainty, justice, and the benefits of law in social and state life. However, in practice, various legal problems are still frequently encountered due to poor drafting of legal documents, such as regulations with multiple interpretations and unclear contracts. Therefore, this study aims to comprehensively examine the definition, function, and scope of legal drafting as an important basis for the formation of good legal documents. The research method used is normative legal research with a qualitative approach through library research, by reviewing various literature, journals, and the opinions of relevant experts. The results show that legal drafting is a process of preparing legal documents that requires precise language, clear systematics, and a deep understanding of legal substance. Legal drafting has an important function in creating legal certainty, regulating and controlling behavior, providing legal protection, and serving as a guideline for dispute resolution and a means of social engineering. The scope includes legislative drafting, contract drafting, regulatory drafting, and judicial drafting. In conclusion, good mastery of legal drafting is essential for legal students and practitioners to be able to produce quality, clear legal documents that do not give rise to multiple interpretations, thereby supporting the creation of an effective and just legal system.
Co-Authors Dani, Muhammad Prian Nasution, Bunga Amalia Quraeny, Ghina Angelina