YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan
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.
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104 Documents
<![CDATA[Hakikat Sui Generis Keilmuan Ilmu Hukum Dalam Aliran Filsafat (The Pure Theory Of Law) Oleh Hans Kelsen ]]>
<![CDATA[Aqrabin Faqih, Ghazwan]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 2 No. 4 (2024): Desember ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v2i4.1359
<![CDATA[The study aims to discuss the Sui Generis Nature of Legal Science in the school of philosophy The Pure Theory of Law by Hans Kelsen. This study is a normative legal study with a conceptual approach that is analyzed using a descriptive qualitative method. In relation to the Sui Generis Principle of Legal Science, which means that legal science has its own characteristics that distinguish it from other sciences, legal science cannot be classified and included in the humanities or social sciences because its nature stands alone, meaning that this sui generis principle is very firm in wanting to maintain the nature (epistemology) of legal science from aspects outside the law. If analyzed, this has similarities in the pure legal philosophy of Hans Kelsen in his teachings The Pure Theory of Law which is very firm in wanting to separate legal science from foreign elements, be it politics, social, economics and ethics. Because Legal Science is a science that has a normative scientific character.]]>
<![CDATA[TINJAUAN KEWENANGAN JAKSA PENUNTUT UMUM DALAM MELAKUKAN PENUNTUTAN TERHADAP SUATU TINDAK PIDANA MELALUI PROSES PENGADILAN ]]>
<![CDATA[Fijriya, Ika]]>;
<![CDATA[Mukhammad, Hafis]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 2 No. 4 (2024): Desember ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v2i4.1510
<![CDATA[The authority of the Public Prosecutor in prosecution is contained in the Criminal Procedure Code (KUHAP). The role of the prosecutor is important to achieve the goals of the criminal justice system and overcome criminal acts in society. By using research methods, library research methods or literature by collecting various sources and comparing them with other sources. It can be concluded that the prosecutor must process the results of the investigation within 7 days, determine the completeness of the files, and inform the National Police. If the file is incomplete, the prosecutor will return it to be completed in the pre-prosecution process. In this case, several factors such as a lack of evidence or the absence of a criminal offense may lead to the termination of the prosecution. Efforts to overcome this problem involve the establishment of a coordination forum between the National Police and the Public Prosecutor, legal discovery in the Criminal Procedure Code, as well as combining the investigative function in Prosecution in Connection with Future Legal Arrangements.]]>
<![CDATA[Implikasi Hukum dan Perlindungan Hak Karyawan dalam Ketidakjelasan Status Pasca Berakhirnya Kontrak Kerja ]]>
<![CDATA[Khoirun Nisa, Ardina]]>;
<![CDATA[Zulfahmi]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 2 No. 4 (2024): Desember ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v2i4.1531
<![CDATA[This paper analyzes the legal implications of unclear employee work status after the end of a Specific Time Work Agreement (PKWT) in Indonesia, as well as the protection of employee rights. The increasing use of PKWT as a form of flexible employment relationship often creates uncertainty about employee status after the contract ends, which affects employee welfare and creates legal risks for companies. This research aims to examine legal protection for post-contract PKWT employees, as well as the impact of unclear status on the company's welfare and compliance with employment law. The approach used is normative juridical and empirical. Through a normative juridical approach, this research examines legal regulations regarding PKWT, while an empirical approach explores facts in the field regarding the legal protection that employees receive. The research results show that there is a gap between applicable regulations and practice in the field. Even though the law regulates PKWT limits, many companies do not comply with these provisions, so employees often do not receive legal certainty after the contract ends. The conclusion confirms that legal protection for PKWT employees in Indonesia is still weak, especially regarding certainty of status after the contract ends. The suggestions given are increasing government supervision of the implementation of PKWT and revising stricter policies to ensure employee protection in accordance with the law.]]>
<![CDATA[Kritik Konstruksi Relasi Gender dalam Keluarga Islam: Telaah Pemikiran Asma Barlas dan Amina Wadud Muhsin ]]>
<![CDATA[Nur Anisa , Lina]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 2 No. 4 (2024): Desember ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v2i4.1583
<![CDATA[The construction of gender relations in Islamic families has long been dominated by patriarchal interpretations that place women in a subordinate position. Asma Barlas and Amina Wadud Muhsin offer a feminist hermeneutical perspective that highlights the importance of reinterpreting sacred texts to achieve a more egalitarian understanding. This study aims to examine critiques of the construction of gender relations in Islamic families through an analysis of the thoughts of Asma Barlas and Amina Wadud Muhsin. The research method employed is a literature study with a descriptive-analytical approach. Data collection was conducted through a comprehensive literature review, including the major works of Asma Barlas and Amina Wadud Muhsin, as well as related studies that support the analysis. The data analysis technique used is content analysis. The findings reveal that the feminist approach to Islamic exegesis can uncover patriarchal biases, provide more just alternative interpretations, and encourage reforms in Islamic family law. These findings emphasize the need for academic and religious dialogue on gender exegesis, as well as the integration of feminist thought into Islamic education to foster a more inclusive and equitable understanding.]]>
<![CDATA[Perkawinan Beda agama antara "Illat dan Maqasid al-Syariah ]]>
<![CDATA[Najib, Afifun Najib]]>;
<![CDATA[siah khosiyah]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v3i1.671
<![CDATA[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.]]>
<![CDATA[Analisis Pasangan Capres dan Cawapres pada Pemilu 2024 Perspektif Maqashid al-Syari’ah ]]>
<![CDATA[Najib, Afifun Najib]]>;
<![CDATA[Salikin, Adang Djumhur]]>;
<![CDATA[Najib, Agus M]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v3i1.673
<![CDATA[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.]]>
<![CDATA[Kriteria Memilih Wanita yang Akan Dinikahi dalam Perspektif Hadis ]]>
<![CDATA[Najib, Afifun Najib]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v3i1.674
<![CDATA[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.]]>
<![CDATA[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 ]]>
<![CDATA[Najib, Afifun Najib]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v3i1.725
<![CDATA[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.]]>
<![CDATA[Pengaruh Media Sosial dengan Konten Hoak/Bohong/Fitnah dan Aspek Psikologi Hukumnya terhadap Keluarga ]]>
<![CDATA[Najib, Afifun Najib]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 3 No. 1 (2025): Maret ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v3i1.966
<![CDATA[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.]]>
<![CDATA[Internalisasi Nilai-Nilai Pancasila Dalam Proyek Konstruksi Yang Beretika ]]>
<![CDATA[Anugrah Haryata Pratama]]>
<![CDATA[ YUDHISTIRA : Jurnal Yurisprudensi, Hukum dan Peradilan Vol. 2 No. 3 (2024): SEPTEMBER ]]>
Publisher : <![CDATA[Cv. Kalimasada Group ]]>
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DOI: 10.59966/yudhistira.v2i1.1582
<![CDATA[Pancasila is a reflection of the habits and customs that have been alive in society even before the establishment of the Indonesian nation de jure and de facto, Pancasila has been alive from habits and grown in customs that are still believed by society until now. i. Type of research The type of research in this study is normative juridical. ii. Research specifications The research specifications used in this study are analytical descriptive research. Ethics is a subfield of philosophy related to the systematic study, defense, and support of normative behavioral theory. The negative impact of globalization has shifted the cultural customs of society so that they are far from empathy, ethics, and the basic values contained in Pancasila. The obstacle is the politics of gratitude, in political contestation is still very close.]]>
