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YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan
Published by CV. Kalimasada Group
ISSN : -     EISSN : 29887658     DOI : 10.59966
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Yudhistira: Jurnal Yurisprudensi, Hukum dan Peradilan diterbitkan oleh CV Kalimasada. Yudhistira bertujuan untuk menjadi platform peer-review dan sumber informasi yang otoritatif mengenai studi yurisprudensi, hukum dan peradilan. Ruang lingkup Yudhistira adalah literatur yang bersifat analitis, obyektif, empiris, dan kontributif terhadap dinamika dan perkembangan studi hukum, khususnya di Indonesia. Yudhistira menerima tulisan ilmiah dalam berbagai topik mulai dari studi penelitian, putusan pengadilan, kajian teori, tinjauan pustaka, konsultasi filosofis dan kritis yang bersifat analitis, obyektif, dan sistematis. Namun, dari berbagai macam topik yang dapat dipilih oleh para peneliti, Yudhistira memberikan perhatian lebih pada makalah yang berfokus pada sosiologi hukum, hukum yang hidup, filsafat hukum, sejarah hukum nasional, hukum adat, studi literatur, hukum internasional, interdisipliner, dan studi empiris. JYudhistira: Jurnal Yurisprudensi, Hukum dan Peradilan merupakan media yang didedikasikan bagi insan peradilan, akademisi, praktisi, dan ahli hukum dalam mengaktualisasikan gagasan penelitian, pengembangan, dan analisis hukum dan peradilan. Yudhistira: Jurnal Yurisprudensi, Hukum dan Peradilan terbit empat kali dalam setahun yaitu pada bulan Maret, Juni, September, dan Desember.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol. 3 No. 1 (2025): Maret" : 10 Documents clear
Perkawinan Beda agama antara "Illat dan Maqasid al-Syariah Najib, Afifun Najib; siah khosiyah
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.671

Abstract

This study examines the concept of interfaith marriage from the perspective of Islamic family law philosophy with the approach of ‘illat and Maqashid al-Syariah. This study is a normative-explanatory study, namely studying, explaining, and explaining descriptively qualitatively with a philosophical and conceptual approach. Data were obtained through literature studies. The analysis was carried out by studying the ‘illat or causes behind the law of interfaith marriage, as well as considering the main objectives of Islamic law or Maqashid al-Syariah. The research findings show that interfaith marriage in Islam can be viewed from the perspective of ‘illat (causal factor) and Maqashid al-Syariah (objectives of Islamic law). Based on ‘illat, interfaith marriage in Islam is considered an act that has the potential to cause mafsadat and disrupt the stability and integrity of the family and society. Meanwhile, according to Maqashid al-Syariah, interfaith marriage has two different perspectives: the first concerns the existence of interfaith marriage itself and the second concerns social mafsadat and its benefits for society. In conclusion, interfaith marriage can be considered from the perspective of Islamic family law philosophy with the approach of ‘illat and Maqashid al-Syariah. However, serious policies are still needed regarding the controversies and obstacles related to the practice of interfaith marriage in society.
Analisis Pasangan Capres dan Cawapres pada Pemilu 2024 Perspektif Maqashid al-Syari’ah Najib, Afifun Najib; Salikin, Adang Djumhur; Najib, Agus M
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.673

Abstract

This study analyzes the presidential and vice presidential candidate pairs in the 2024 election using the Maqashid al-Syari'ah approach. This research is classified as normative-explanatory research, namely studying, explaining, and explaining descriptively qualitatively with a textual and actualist approach. Research data were obtained through a literature study of the vision and mission of each candidate and their track record. The analysis was carried out by examining the vision and mission of each candidate. The research findings show that the presidential and vice presidential candidate pairs in the 2024 election from the Maqashid al-Syari'ah perspective can be analyzed from their textual and actualist approaches. Based on the textual perspective, the vision and mission of the presidential and vice presidential candidate pairs are a benchmark that can be used as a guideline for channeling the voting rights of each voter. Meanwhile, the actualist perspective states that the track record and experience of each presidential and vice presidential candidate pair are the leverage of each electability. In conclusion, the vision and mission of the presidential and vice presidential candidate pairs in the 2024 election from the perspective of Maqashid al-Syariah is a tool to measure the level of welfare and benefits for Indonesian citizens.
Kriteria Memilih Wanita yang Akan Dinikahi dalam Perspektif Hadis Najib, Afifun Najib
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.674

Abstract

The research entitled criteria for choosing a woman to marry from the perspective of hadith is a normative-explanatory research that attempts to study, explain or describe qualitatively-descriptively with a textual and contextual approach. Data were obtained through literature studies focusing on one particular hadith. Data analysis was carried out by studying the text of the hadith and the text of the verses of the Qur'an and connecting them contextually in the field. The findings of the study indicate that the criteria for choosing a woman to marry from the perspective of hadith can be studied textually and contextually. From the textual perspective of hadith, there are 4 criteria for choosing a woman as a prospective wife. While from the contextual perspective, the criteria for choosing a woman as a prospective wife who brings benefits to a male suitor. The conclusion of the study, the best criteria are seen from her religion as Abu Hurairah's friend narrated the hadith from the Messenger of Allah regarding this matter, namely 4 things: because of her wealth, because of her lineage, because of her beauty, and because of her religion. The most important thing is to choose a woman who has a good and perfect religion, then you will be lucky. The woman who will be married is one who is religious and is the right choice to be prioritized over the other 3 criteria.
Pembaharuan Hukum Keluarga Islam Tentang Hak Pengasuhan Anak (Hadlanah) Akibat Perceraian dalam Kompilasi Hukum Islam (Khi) dan Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak Najib, Afifun Najib
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.725

Abstract

Child custody (hadlanah) is a common problem in today's society. The act of divorce between husband and wife can have implications for child custody rights. Divorced parents leave behind a secondary problem, namely to whom the child custody rights are given after the divorce occurs. It is possible that the child is cared for by one of the parents, perhaps by the wife and/or her family or also by the husband and/or his family. Other reasons for the existence of child custody matters can be because the child does not have parents, the child who was indeed given by his biological parents to foster parents for example for economic reasons, or because the husband and wife who do not yet have children are caring for someone else's child. The effort to care for children is the obligation of the family from the child as a guarantee of his future. This is the academic problem that this study wants to explain. The important issue studied in this research is how the renewal of Indonesian Islamic Family Law in child custody rights and how the authority of child custody is in Indonesian Islamic Family Law. The purpose of this dissertation research is to study in depth the renewal of Indonesian Islamic Family Law in child custody rights and to conduct an analysis of the authority of child custody in Indonesian Islamic Family Law. This type of research is normative legal research with library research, while the research method used is a statute approach and a conceptual approach. There are two data sources used, namely primary data sources (main) and secondary data sources (supporting). Data collection and processing through the stages of editing, coding, reconstructing and systematizing. Data analysis through content analysis shows an integrative analysis method and conceptually tends to be directed at finding, identifying, processing and analyzing data to understand its meaning, significance and relevance. From the results of the study, it can be concluded that there are several Indonesian laws and regulations that regulate child custody rights (hadlanah) as a legal umbrella for foster parents to guarantee the future of the child. According to Islamic law, children and their parents cannot be separated because both are bound by lineage. Likewise, child care by parties other than their biological parents who are involved in a divorce does not affect the child's relationship by lineage with their biological parents. Therefore, the implementation of child custody rights must go through a legal process to avoid things that are detrimental (madharat). Therefore, the determination of child custody rights must be based on applicable laws and regulations. The positive value of implementing a formal legal process as a binding for foster parents is that there are obligations that must be fulfilled and there is legal certainty. Existing laws and regulations can be supported by Government Regulations on the protection of child custody rights.
Pengaruh Media Sosial dengan Konten Hoak/Bohong/Fitnah dan Aspek Psikologi Hukumnya terhadap Keluarga Najib, Afifun Najib
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.966

Abstract

This study examines the influence of social media with hoax/lie/slander content and its legal psychology aspects on families with a psychological approach. This study is a normative-explanatory study, namely examining, explaining, and explaining descriptively qualitatively with a psychological approach. Data were obtained through literature studies. The analysis was carried out by examining how strong the influence of social media with hoax/lie/slander content and its legal psychology aspects is on the life of a family. The research findings show that social media with hoax/lie/slander content is considered as something that has negative potential and can cause harm, disrupting family stability. Meanwhile, the legal psychology aspect towards the family has a legal psychology impact towards the family that can be caused: fading trust in each other from the family members who make hoaxes which can affect the psychological stability of the person concerned, then family disintegration which leads to the breaking of the bonds of brotherhood so that it affects the health of psychological relationships between family members, which are increasingly strained and will gradually be completely broken and kinship becomes alien which results in the absence of a sense of mutual care and affection between family members and can lead to psychological shocks which have a bad impact.
Implementasi Kebijakan Anti Bullying dalam Mewujudkan Sekolah Ramah Anak di Kota Gorontalo Dwi Rahmadania Salmon, Sri; Rusdiyanto U Puluhulawa, Mohamad; Taufiq Zulfikar Sarson, Mohamad
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i2.1735

Abstract

Bullying or harassment in educational environments is a form of violence that threatens children's basic rights to live, grow, and develop safely as guaranteed by Article 28B paragraph (2) of the 1945 Constitution. This phenomenon not only shows weak institutional supervision, but also reflects the failure of legal and social culture in protecting students from physical, verbal, and psychological violence. The purpose of this study is to increase public awareness about the importance of creating a child-friendly and bullying-free school environment and to reduce the incidence of bullying in schools in Gorontalo City. This study uses an empirical legal approach supported by a normative approach, by examining bullying practices at State Senior High School 7, Gorontalo City through field observations, interviews, and documentation. The results of the study show that bullying occurs systematically and repeatedly, driven by psychological factors of the perpetrators, the social environment of peers, weak enforcement of school rules, and a culture of seniority. Bullying has a serious impact on the mental development of victims, such as decreased self-confidence, anxiety, and even the desire to end their lives. Efforts to overcome this are carried out through penal and non-penal strategies, including the implementation of the Child Protection Law and Permendikbudristek No. 46 of 2023. The conclusion of this study emphasizes the importance of collaboration between schools, parents, BK teachers, and law enforcement in creating a safe and inclusive learning space. Recommendations include strengthening supervision, counseling, character education, and the application of academic sanctions against perpetrators of bullying to create a deterrent effect. With a holistic approach, bullying can be prevented as a real step towards fulfilling children's rights and transforming a civilized education culture.
Article 28 of the ITE Law as a Pillar of Consumer Protection in Online Transactions Nurkhalifah Kaharu, Siti; Rusdiyanto U Puluhulawa, Mohamad; Hidayat Muhtar, Mohamad
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.1775

Abstract

The development of online buying and selling transactions has also given rise to a rise in fraud cases that are detrimental to consumers. Article 28 paragraph (1) of Law Number 19 of 2016 concerning ITE needs to be legally reviewed to determine the extent to which these provisions are able to provide protection for consumers from fraudulent acts in online transactions. Therefore, this study aims to legally analyze the provisions of Article 28 paragraph (1) of Law Number 19 of 2016 concerning Information and Electronic Transactions (UU ITE) as a form of legal protection for consumers in dealing with the rampant fraud in online buying and selling transactions. The main problems in this study include how the concept of legal protection for consumers is formulated in the article and what are the legal implications for perpetrators of fraud. This study uses a normative method with a legislative, conceptual, and case approach. Data were obtained from primary, secondary, and tertiary legal materials through literature studies. The results of the study indicate that Article 28 paragraph (1) of the ITE Law provides legal protection through a prohibition on the dissemination of false information that is detrimental to consumers in electronic transactions, with a maximum prison sentence of six years and/or a fine of up to one billion rupiah as regulated in Article 45A paragraph (1). In addition to being a repressive instrument, this provision is also preventive in nature by demanding that sellers be responsible for conveying honest and accurate information. This study emphasizes the urgency of law enforcement and digital literacy in strengthening consumer protection amidst the rapid growth of e-commerce.
Legal Protection Of MSME Trademarks As A Pillar Of Local Economic Justice Sultan, Rahmadaniyah; Junus, Nirwan; Fazri Elfrikri, Nurul
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.1776

Abstract

The legal protection of trademarks for Micro, Small, and Medium Enterprises (MSMEs) in Pohuwato is an increasingly urgent issue in light of the sector’s rapid growth and contribution to the local economy. Despite the existence of Law No. 20 of 2016 on Trademarks and Geographical Indications, which provides a clear legal framework for trademark registration and protection, a large number of MSME actors in the region have not registered their trademarks. This is largely due to a lack of legal awareness, the perception that registration costs are too high, and the belief that the process is too complex or unnecessary for small businesses. The objective of this research is to analyze how trademark protection for MSMEs is implemented in Pohuwato, to understand the legal consequences of unregistered trademarks, and to evaluate the role of government institutions in facilitating registration. The research employs an empirical legal method with a qualitative approach, using data gathered through interviews, field observations, and questionnaires distributed to 100 MSME respondents. The findings reveal that although the local government and the Regional Office of the Ministry of Law and Human Rights in Gorontalo have made substantial efforts such as door-to-door socialization campaigns and registration facilitation the overall rate of trademark registration remains low. The legal consequence of not registering a trademark is the absence of exclusive rights and the inability to take legal action against infringement, which may result in financial loss and reputational damage. This research concludes that consistent legal education and expanded outreach programs across all districts in Pohuwato are essential to enhance MSMEs' legal awareness and strengthen their legal protection.
Transformasi Partisipasi Masyarakat dalam Perencanaan Pembangunan Desa atas Penyusunan RPJMDes di Desa Mutiara Kabupaten Boalemo Rizki Ntou, Mohamad; I. Rahim, Erman; Hamid Tome, Abdul
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.1924

Abstract

Community participation in village development planning is often only symbolic and does not reflect substantive involvement. This study aims to examine the level of community participation in the process of preparing the Village Medium-Term Development Plan (RPJMDes) in Mutiara Village, Paguyaman District, Boalemo Regency, and to identify factors that influence the low level of community involvement in the planning stage. The approach used is empirical law with qualitative methods. Data were obtained through direct interviews with village officials, community leaders, and community groups, as well as field observations of the dynamics of the preparation of the RPJMDes document. This study is also supported by secondary data in the form of laws and regulations and village planning documents. The results of the study indicate that community participation in the preparation of the RPJMDes in Mutiara Village is still a formality and has minimal substantive involvement. Planning meetings are generally only attended by limited representatives, with residents tending to be passive and not actively involved in the program review process. The main factors influencing low participation include the lack of understanding of the community and village government regarding the urgency of participation, limited involvement of community groups as a whole, and time constraints because activities are carried out when the majority of residents are working. Therefore, an adaptive and inclusive participatory approach is needed, as well as a more effective communication strategy so that the village development planning process truly reflects the needs and aspirations of the community. The results found that community participation in Mutiara Village was still low due to minimal understanding, time constraints, and lack of comprehensive group involvement.
Ketiadaan Pencatatan Pernikahan dan Implikasinya terhadap Perlindungan Perempuan dan Anak dalam Masyarakat Perdesaan N. Mokoagow, Rizaldy; M. Kasim, Nur; Rivaldi Moha, Mohamad
YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret
Publisher : Cv. Kalimasada Group

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59966/yudhistira.v3i1.1925

Abstract

Unregistered marriages are still common practice in rural areas of Indonesia, resulting in weak legal protection for women and children within the family structure. Ignorance of the law, local culture, and limited access to marriage registration institutions are the main factors behind this. This study aims to analyze the legal and social impacts of early marriage practices that are not registered at the Religious Affairs Office (KUA), with a case study in Tombolikat Village, Tutuyan District, East Bolaang Mongondow Regency. The method used is a juridical-empirical approach with data collection through interviews with village officials, KUA officials, and couples who have unregistered marriages. The results of the study indicate that the absence of marriage registration causes women to lose their legal legitimacy as wives, so they have no basis for demanding maintenance, inheritance rights, or legal protection in the household. Children born from unregistered marriages also experience losses in legal status, such as the father's name not being listed on the birth certificate, and having no guarantee of inheritance rights and maintenance. In addition, this condition strengthens gender inequality and opens up opportunities for neglect and polygamy without a legitimate legal mechanism. This study recommends the need to strengthen the marriage registration system through community legal education and an integrated marriage confirmation program as a form of inclusive legal protection. The results found that the absence of marriage registration has a serious impact on the loss of legal rights of wives and children, including the right to maintenance, inheritance, and legal recognition. This condition also opens up space for gender inequality, neglect, and the practice of polygamy without legal supervision.

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