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Hukum dan Demokrasi (HD)
Published by Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun
ISSN : 14119765     EISSN : 3021825X     DOI : 10.61234
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Hukum dan Demokrasi (HD) adalah Jurnal ilmiah dengan fokus dan skop ilmu hukum, hukum pidana, hukum perdata, politik dan demokrasi, hukum bisnis dan hukum lingkungan. Diterbitkan oleh Sekolah Tinggi Ilmu Hukum (STIH) Prof Gayus Lumbuun. Jurnal ini diterbitkan empat kali dalam satu tahun yaitu pada bulan Mei, Agustus, November, dan Februari. Jurnal Hukum dan Demokrasi (HD) melakukan proses peer review secara tertutup pada naskah yang diterima. P-ISSN 14119765 E-ISSN 3021825X
Arjuna Subject : Ilmu Sosial - Hukum
Articles 50 Documents
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Tinjauan Hukum Pidana Islam terhadap Tindak Pidana Penipuan Nahda Hasibuan|; Budi Sastra Panjaitan; Annisa Sativa
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 1 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i1.11

Abstract

Islam forbids all forms of criminal acts including all forms of criminal acts of fraud. Fraud is a crime committed by someone by lying to other people or deception. When viewed from the point of view of the actions and elements contained in fraud, there are similarities between criminal acts of fraud and criminal acts regulated in Islamic law, namely: ghulul, treason, and lying. The research approach used is normative legal research. The purpose of this research is to find out the views of Islamic criminal law on fraud crimes with the following conclusions: In Islamic criminal law the punishment given to perpetrators of fraud is jariman ta'zir because ta'zir is a punishment handed over to the government (ulul amri) especially the judge who imposed the criminal sentence, the judge can determine the type of punishment according to his ijtihad such as the crime of fraud which has been regulated in Article 378 of the Criminal Code. Keywords: Islamic Criminal Law and Fraud.
Menikah di Tengah Studi: Menikah di Tengah Studi: Menilik Praktik  Pada Mahasiswa Hukum Keluarga Islam UIN Raden Intan Lampung Adri Latif
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 1 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i1.12

Abstract

Examining the phenomenon of marriage in the middle of study in Islamic Family Law students at UIN Raden Intan Lampung with a focus on the discussion on the reasons students get married in the middle of study, this study uses Max Weber's Social Action theory with the concept of the Verstehen approach. This research attempts to explore the reasons behind Islamic Family Law students at UIN Raden Intan getting married in the middle of their studies. The author used interviews as a data collection technique which was conducted on 6 informants (3 pairs) presented with analytic descriptive method. The results found that the reason students decided to get married was due to encouragement from their parents and because they had wanted to get married for a long time. Regarding lecture activities, no significant obstacles were encountered. The enthusiasm to finish college remains burning even though the status is already a wife. Keyword: Marriage, Recommendation, Religion
Pengaruh Perkembangan Sosial Emosional pada Perilaku Anak Usia Dini Nurdelita Anggraini; Siska Astria Br Ginting; Wahyuni Dazura
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 1 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i1.13

Abstract

In early childhood, children experience a golden age, which is where children begin to be sensitive and sensitive to receive stimuli or stimuli. Social and emotional development in children is the emotional condition and ability of children to respond to their environment at an earlier age. Children's socio-emotional development aims to find out how they are. How to relate to other people, namely peers and people who are older than him. Be responsible for yourself and others and behave in a pro-social manner. Social Emotional Development in School Children. Socio-emotional development is increasingly understood as a crisis in children's development. This is because children are shaped through development in the learning process. Children's social development is strongly influenced by the process of parental care or guidance for children in introducing various aspects of social life or norms in society. Keyword: Socio-Emotional, Early Childhood
Mempertahankan Rumah Tangga Dalam Bingkai Hukum Indonesia Yasmin Afriatun Sadidah
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 1 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i1.14

Abstract

The household is something related to the family, while the family itself means the smallest social group that has a leader and members with each member having their own rights and obligations, where the leaders and members are related by blood or marriage. Marriage has the goal of a happy and eternal family based on belief in one and only God, in other words, every household wants their family to be happy and avoid divorce. In building a household there are always tests or problems that need to be faced. These problems can be small or big problems, problems that can be solved alone or problems that require the help of other people or judges. One of the efforts to avoid problems in the household is to carry out the obligations of each family member. In the Qur'an there is a discussion of problems that can occur in the household and how to deal with them. In addition, communication is also very important in building a household, without good communication, it is difficult for a household to avoid conflict. Keywords: divorse, household
Self Control Remaja Broken Home untuk Berintraksi dengan Lingkungan Sosial jamaludin As'ari; C. Casmini
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 1 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i1.15

Abstract

Self control carried out by broken home teenagers is a way to control peaking desires. Broken home families can influence children in interacting with their social environment. The purpose of this research is how broken home youth self-control to interact with the social environment. The method used in this study is qualitative and data collection by telephone and WhatsApp interviews. In this study there are 3 aspects that can describe the subject of a broken home, namely; 1) cognitive point of view: The form of a broken home; which includes the destruction of the household, finances, and loyalty. 2) affective point of view: The influence of parental divorce; which includes separation of residence, cut off communication, harsh words, hurt feelings, high emotional intensity, feeling comfortable with other people, estrangement with parents. and 3) conative point of view: Tendency to behave; which includes speaking in a high tone, and not maximal in self-control. The following is an analysis of the strategies used by broken home youth in controlling themselves by getting used to reading istighfar when the past overshadows them. Keywords: self control, broken home, social environment
Tinjauan Hukum Tindak Pidana Plagiarisme Karya Ilmiah: 46-57 Muhammad Perdana Syah; Suriani Siagian
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 2 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i2.16

Abstract

Plagiarism is an offense and an ornament to science. Plagiarists steal the work of other authors or what is commonly called cheating or plagiarizing without citing the origins of the original author. Plagiarism is an act that is vulnerable to criminal activity and this problem must be considered in as much detail as possible. The act of plagiarism is recognized as an act that is disapproved and contrary to the scientific spirit in the academic world in universities. Several types of plagiarism can be distinguished by intentional or unintentional plagiarism motivation, ways of committing plagiarism include handwriting, inappropriate paraphrasing, and summaries, plagiarism itself can be said to be recycling text, redundant or duplicate publications, data fragmentation . The purpose of this study is to find out the legal arrangements for plagiarism of scientific work in tertiary institutions and to find out the legal consequences for perpetrators of the crime of plagiarism of scientific work in tertiary institutions. The research method used by the author is normative research method which positions the law as a building system of norms. There is no law that specifically regulates plagiarism, but someone who commits plagiarism or is called a plagiarist is regulated in Article 1, Minister of National Education Regulation number 17 of 2010 concerning the prevention and control of plagiarism in tertiary institutions. There are several reasons for someone to commit plagiarism, such as the convenience obtaining information via the internet, pressure on academic assignments, poor writing skills, rushing to write under pressure, lack of knowledge and understanding of how to rewrite original references, misunderstandings to self-understand plagiarism, and habitual cheating or plagiarism, such as avoiding theft intellectual, do good writing i.e. quote and paraphrase, and try the same thing or detect plagiarism in many ways like using plagiarism apps or turnitin. Keywords: plagiarism, legal actions, scientific works, norms
Defenisi Etika Akademik Ira Suryani; Pebrijah Nasution; Bunga Lestari; Juliana Juliana; Kesi Kesi; Nadia Haviza Purba
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 2 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i2.17

Abstract

Academic ethics refers to the rules or norms that govern ethical behavior in the academic world. Academic ethics includes values ​​held by the academic community, such as integrity, honesty, hard work, creativity, academic freedom, and social responsibility. Academic integrity is very important in academic ethics, because it involves honest and honorable intellectual skills and research skills. Intellectual skills include the ability to generate, collect, and analyze data, while research skills include the ability to plan, carry out, and publish high-quality research. Honesty and rigor are core values ​​of academic ethics, as they form the basis of research and teaching processes. Honesty means that academics must avoid fraud, plagiarism, and misuse of data, whereas thoroughness means that they must examine data carefully and ensure that the information they use is true and accurate. Creativity is also an important value in academic ethics, because academics are expected to produce original and innovative research and work. However, creativity must be carried out within an ethical framework and must not violate the values ​​of integrity and honesty. Academic freedom is also an important value in academic ethics, because it guarantees that academics can work independently and produce research and works that are not influenced by political or economic interests. However, academic freedom must be balanced with social responsibility, namely that academics must be responsible for the consequences of their research and teaching on society and the world. Overall, academic ethics is very important in the academic world, because it involves norms governing ethical behavior and maintaining integrity and honesty in the process of research and teaching. Keywords: academic ethics, Islamic education
Ushul Fiqh sebagai Kerangka Berpikir Santri Milenial Dalam Memecahkan Problematika Sosial Keagamaan Zaenal Arifin
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 2 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i2.19

Abstract

Studying the science of ushul fiqh in the pesantren tradition is significant for the discovery and formation of Islamic law. In fact, ushul fiqh is a mandatory subject that must be mastered by students from the Ibtidaiyah, Aliyah to Ma'had aly levels today. However, the majority of students who study ushul fiqh in Islamic boarding schools are stuck in a conservative paradigm, where studying ushul fiqh is only limited to something that is consumptive, read and memorized, without being contextualized and applied. In fact, Ushul fiqh must be able to be presented in the midst of society in a grounded logical and realistic manner, even ushul fiqh as the primary commodity of the santri in the methodology istinbat al-hukm must address the problems faced by contemporary society. That is the challenge for the students millennial generation in studying ushul fiqh today. In this paper, how to describe the activities of studentsnow salafiyah Islamic boarding schools (not salafi) in studying and understanding ushul fiqh with a descriptive-qualitative research approach model. So that what is studied in this paper is the paradigm of thinking in a community of millennial students in studying and developing ushul fiqh, when faced with social, cultural, political and economic environmental issues that require juridical Islamic law in the frame of religious texts. From the results of this discussion it can be seen that the millennial students' style of thinking in the development and dynamics model of ushul fiqh athoriqotul `Amala (work method) exploration of Islamic law is centered on; revitalization of ushul fiqh, text diversification (fahm nushus asy-syari'ah) and extension maqashid as-syari'ah, that is, the expansion in understanding the purpose of Sharia'h (Fahm maqashid as-syari'ah). Besides that, millennial students can use the ushul fiqh method as a methodthariqatu al a'mal, (work pattern). First, making maslahah a tool in setting the law.Second, match like the legal fatwa of the clergy, with the current situation and conditions.Third, operationalize Ushul Fiqh in Islamic law istinbat as a deductive method. And fourth, complete with Qawaid al-Fiqhiyyah. Keywords: ushul iiqh, social problems, millennial santi
Tipologi Pengelolaan Pendidikan Pesantren: Studi  Pondok Pesantren Modern Sahid Bogor Zaenal Arifin
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 2 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i2.20

Abstract

Pondok Pesantren is an Islamic educational institution that emphasizes the value of morality in religion as a standard for conduct in daily life. Its mission is to study, learn, investigate, live, and practice Islamic teachings. Islamic boarding schools have since seen fast development and change, giving rise to a variety of shapes and styles. The dynamics of science in the pesantren environment have been impacted by changes or modernization of Islamic education in Indonesia related to the idea of Islamic modernization in this region, such as the emergence of several Islamic boarding schools, including salaf (traditional) Islamic boarding schools, kholaf (modern), and semi-kholaf (semi-modern) Islamic boarding schools. The modernisation of boarding schools for Muslims It is difficult to ignore education, as evidenced by the changes in the growth of world culture and civilization today. Without modernization, Pesantren institutions and systems struggle to advance. The modernization of pesantren institutions and systems, however, has not been without issues or criticism. Whether there is criticism or not, in some instances, the modernization of Islamic boarding schools has proven to have many positive effects that can ultimately develop the potential of Islamic boarding schools and the potential for community development in addition to being a part of national education that should be proud of in creating and educating the nation.In this instance, the Modern Sahid Bogor Islamic Boarding School is one of many Islamic boarding schools that respond to the current reform and modernization of Islamic boarding school education management. By managing education in a contemporary manner with adequate facilities and infrastructure, and based on professional management principles based on POAC; planning (planning) Organizing (o In addition to using current management techniques, Tri Darma Service Sahid current Islamic Boarding School also implements the values of noble culture, Rumongso melu handarbeni (feeling of belonging), Wajib melu hanggondeli (Must share responsibility ), Mulat saliro hangroso wani (After introspection dare to express opinions wisely), Amanah Panca Sesotya Jati, Principal of Commitment to Work, as well as Principal of Cooperation and Community. Keywords: boarding school, modern, typology, management.
Analisa Peran Keluarga Dalam Pelibatan Budaya Anti Kekerasan Seksual pada Anak Syahril Ramadhon Alamsyah; Boris Brahmono; M Agus Mariyanto; Novi Yatri Pratiwi
Jurnal Hukum dan Demokrasi (JHD) Vol 23 No 2 (2023): Hukum dan Demokrasi (HD)
Publisher : Sekolah Tinggi Ilmu Hukum Prof Gayus Lumbuun

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61234/hd.v23i2.21

Abstract

This article provides a comprehensive overview of the role of the family in engaging in a culture of anti-sexual violence against children. This study examines sexual violence against children, the prevalence and risk factors for various types of sexual violence and discusses public knowledge and perceptions of this violence. It also examines the role of the family in a culture of anti-sexual violence in children and examines critically the meaning of a culture of anti-sexual violence in children. The diversity of literature reviews is the main qualitative method in this article, accompanied by the main focus of studies on the role of the family in anti-violence in children, examines specific cultural factors that do not only focus on cultural factors in general, but must examine the culture of non-violence in the context of modern society and consensus on international standards on human rights which are recommendations for further research. Keywords: Family Role, Culture, sexual violence against children

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