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Juridisch Denken
Published by Universitas Muhammadiyah Metro
ISSN : 30901065     EISSN : 30900514     DOI : https://doi.org/10.2417/juden.v2i1
Core Subject :
Juridisch Denken adalah jurnal hukum akses terbuka dan ditinjau oleh rekan sejawat yang bertujuan untuk menawarkan studi tentang hukum, kebijakan pemerintah, hukum dan masyarakat, perundang-undangan dan peraturan, serta isu-isu hukum yang telah berkembang di berbagai negara. Cakupannya meliputi semua bidang studi hukum; Hukum Perdata, Hukum Pidana, Hukum Acara Perdata, Hukum Acara Pidana, Hukum Komersial, Hukum Konstitusi, Hukum Internasional, Hukum Administrasi Negara, Hukum Adat, Hukum Islam, Hukum Agraria, Hukum Lingkungan, Hukum Internasional, Teori Hukum dan Filsafat Hukum. Juridisch Denken diterbitkan dua kali (Juli & Januari) oleh Fakultas Hukum Universitas Muhammadiyah Metro. Sebagai jurnal Indonesia yang melalui proses peer-review, kami menerima karya ilmiah yang ditulis dalam bahasa Inggris dan Indonesia. Dewan redaksi mengundang akademisi, praktisi, dan peneliti di bidang hukum dan syariah untuk berkontribusi dan mengembangkan pemikiran serta temuan penelitian mereka untuk dipublikasikan di Juridisch Denken . Oleh karena itu, semua artikel yang diterbitkan oleh Juridisch Denken akan memiliki nomor DOI yang unik.
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Articles 11 Documents
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Perkawinan Poligami: Studi Komparatif Hukum Islam dan Hukum Perdata Dalam Pembagian Harta Waris Aditia Urbaningrum; Adhimaz Kondang Pribadi
JURIDISCH DENKEN Vol. 1 No. 1 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v1i1.4972

Abstract

Polygamous marriage is the marriage of a man with more than one woman at the same time. In polygamous marriages, inheritance disputes become a problem that often occurs. This is due to injustice in the distribution of inheritance and lack of understanding and knowledge of the law. The division of inheritance in polygamous marriages under Islamic law is based on the Compilation of Islamic Law Article 94 as well as in Surah An-Nisaa verse 12. While in the division of polygamous marriage inheritance in civil law is based on article 852a of the Civil Code, where in the division of heirs if the marriage is the second or subsequent marriage, and from the marriage that used to have a child or offspring of the child, the husband / wife must not inherit more than the distmayed part received by one of the children and the husband / wife part should not be more than 1/4 of the heir's inheritance.
Pemidanaan dan Pertimbangan Hakim terhadap Pelaku Tindak Pidana Pencurian dengan Pemberatan Ry Bunga Dwi Pertiwi; Hadri Abunawar
JURIDISCH DENKEN Vol. 1 No. 1 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v1i1.4973

Abstract

Indonesia is a state of law, not a state of power, so legal status must be above all. In people's lives, there are always behaviors which possibly break the law, for example, theft by weighting. Cases of weighted thefts still dominates criminal acts that occurred in East Lampung regency with a total of 193 cases in 2020 and continue to increase to date. Economic problems are the main causes of weighted thefts. This research was an empirical juridical legal research, in which the procedures used were aimed at solving research problems. The research secondary data will first be utilized then conducting the next stage on getting the research primary data in the field. The empirical juridical method approach in this study, were guided by laws and regulations and also the results of data collection and interviews through field studies. The results of this study gained that: 1. The provisions for the crime of theft by weighting according to a positive law perspective, in Article 363 of the Criminal Code (Book of Criminal Law) with a maximum penalty of seven years in prison and punishable by imprisonment for a maximum of 9 (nine years) if the theft fulfills point (3) accompanied by one of the things in point (4) and (5) of Article 363 of the Criminal Code. 2. The judge has various considerations in making a decision on the perpetrators of the crime of theft by weighting. Namely: suitability of the perpetrator's identity, the elements charged by the public prosecutor have been fulfilled, and considering aggravating and mitigating circumstances.
Pemenuhan Hak-hak Warga Binaan Hamil di Lembaga Pemasyarakatan Perempuan Kelas II A Bandar Lampung Diajeng Dwi Andini; Intan Pelangi
JURIDISCH DENKEN Vol. 1 No. 1 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v1i1.4974

Abstract

The discussion in this paper is entitled Fulfillment of the Rights of Pregnant Prisoners in Class IIA Women's Correctional Institution Bandar Lampung which is a study to find out how the guidance provided by the Class IIA Women's Correctional Institution Bandar Lampung to pregnant women inmates. Because basically female inmates have different natures from men, such as menstruation, pregnancy, childbirth, and breastfeeding. The formulation of the problem in this study consists of the first to examine how to fulfill the rights of inmates who are pregnant in Class IIA Women's Correctional Institution Bandar Lampung and are there any inhibiting factors in fulfilling the right to obtain health services for inmates who are pregnant? This type of research is a field using an empirical juridical approach. The empirical juridical approach is the collection and discovery of data and information through field studies at the Class IIA Women's Correctional Institution in Bandar Lampung, aiming to study the reality that occurs in the field. This study concluded that the fulfillment of the rights of the inmates who were pregnant and breastfeeding had been fulfilled properly in accordance with Law Number 12 of 1995.
Posisi Ahli Waris Pengganti Dalam Pembagian Harta Perspektif KHI dan KUH Perdata Agista Tamia Putri; Samsul Arifin
JURIDISCH DENKEN Vol. 1 No. 1 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v1i1.4975

Abstract

This study aimed to determine the system of surrogate inheritans according to the Compilation of Islamic Law and the Civil Law Book and to determine the comparison of the surrogate inheritans according to the Compilation of Islamic Law and the Civil Law Book. The research method used in this research was normative study. The results of this study are that: 1. The inheritance system in the perspective of Islamic law is based on the provisions Article of 185 in the compilation of Islamic Law, paragraph (1), said that a grandson can act as a surrogate inheritan to replace the position of his parents who have died more before the inheritan himself. In the inheritance system in the Civil Law Book, found the three types of place replacement systems, namely: downward line replacement, sideways line replacement, and deviated line replacement in which contained in the articles of 842-845 of the Civil Law Book. 2. The comparative law regarding to the surrogate inheritans according to the Compilation of Islamic Law: That children who take the place of their parents are sons and daughters from the male lineages whose parents have died earlier than the inheritan him/herself, while boys and girls from the female lineages are not entitled to replace their mother's position in obtaining the property of their grandfather. According to the Civil Law Book: That the child who replaces his father's position may be from the male lineages or from the female lineages. The most important thing is that the person that being replaced has passed away earlier than the inheritan and he (the person that being replaced) is the liaison between his son (who replaced his father's position) with the inheritan.
An Islamic Legal Review on Marriage Contract for Prospective Groom with Speech Impairment Muhammad Shofwan Taufiq; Amelia Agil Fitri Yani
JURIDISCH DENKEN Vol. 1 No. 1 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v1i1.4976

Abstract

Acceptance of consent for mute speech is valid with the sign, if it can be understood, as is the case with a sale and purchase contract that is valid with the way of the sign, because the sign has a meaning that can be understood. But if one of the parties does not understand the signal, the consent is not valid, because the one who does the consent is only between the two people concerned. However, the issue of consent granted by mute-mute grooms can be done in several ways, including by sign, in writing or by way of representation. This research uses a juridical empirical approach. Sources and types of data in this study only use primary data and secondary data. Data collection in this study was carried out using literature and field studies. The analysis of the data obtained was carried out by means of qualitative analysis with an inductive mindset. The results of this study indicate an overview of Islamic law that marriages with speech impairments whose qabul use sign language in the form of hand and mouth movements that he understands the meaning of the contract, the marriage is considered valid provided that it fulfills the pillars and conditions of marriage. The practice of consent for marriage using sign language for persons with disabilities represented by expert guardians in Metro Timur District is the practice of consent for marriage done in sign language, which is spoken directly by the mute bridegroom, namely by using sign language, such as hand movements, head movements, eye blinks, statements of agreement and so on that can be understood in the majlis. The inhibiting factor in the implementation of the marriage contract for mutespoken grooms is the lack of sign language expert guardians who understand Islamic religion, especially in terms of the pillars and conditions of marriage. As well as the witness' lack of understanding about sign language, the witness was only given an understanding that the meaning of these gestures was like consent and acceptance under normal conditions
Perlindungan Hukum bagi Anak yang Melakukan Tindak Pidana Penyalahgunaan Narkotika Debi Riski Aulia Putri
JURIDISCH DENKEN Vol. 1 No. 2 (2025): Vol. 1 No. 2 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/jdlj.v2i1.7723

Abstract

Children represent the nation's paramount investment and hope for its future sustainability. This article aims to investigate the protective measures for children who engage in narcotics-related criminal activities and the legal repercussions they may face if implicated in such situations. Consequently, the government is very concerned with the development of children, particularly in providing them with the most comprehensive education possible. This study employs a normative methodology, using materials from library research, various literary journals, books, magazines, and other online media, while referencing Law Number 11 of 2012 about Juvenile Justice. One of Indonesia's deficiencies is its drug legislation, which remains fraught with several inadequacies. Consequently, children's engagement in drug addiction and trafficking often results from imitation or the impact of adult persuasion. This study elucidates the nature of legal protection and the types of punishments applicable to youngsters who engage in narcotics-related criminal activities.
Legal Protection For Victims Of Trafficking In Persons From The Perspective Of National And International Law Citra Sonia
JURIDISCH DENKEN Vol. 1 No. 2 (2025): Vol. 1 No. 2 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/jdlj.v2i1.7780

Abstract

Trafficking in persons (TPPO) is a serious issue that violates human rights, especially those affecting women and children. This research aims to analyze legal protection for victims and sanctions against perpetrators based on Law No. 21/2007 and international law such as the Palermo Protocol. Legal protection includes rehabilitation, compensation, repatriation of victims, and confidentiality of identity, as regulated in national and international law. The method used is normative with analysis of literature and legislation. The results show that protection for victims includes physical, psychological, social rehabilitation, compensation, and security, while sanctions against perpetrators include imprisonment, fines, and aggravation for certain cases. Effective sanctions and comprehensive protection are needed to prevent and handle TPPO in Indonesia. Protection of victims' rights needs to be optimized so that they get proper restitution and rehabilitation. Keywords: Human Trafficking Crime, Legal Protection, Legal Sanctions.
Consideration Of Military Judge In Imposing Additional Punishment Of Dismissal To The Defendant According To Kuhpm Viola Fitri, Syaiful Munandar
JURIDISCH DENKEN Vol. 1 No. 2 (2025): Vol. 1 No. 2 (2025): Juridisch Denken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/jdlj.v1i2.7912

Abstract

Military Courts have a very important role in upholding law and discipline within the armed forces. The consideration of military judges in imposing additional punishment in the form of dismissal to the defendant, with a focus on cases of premeditated murder. The purpose of writing this article is to find out the basis of the judge's consideration in imposing a criminal verdict in the case of murder and the reasons causing additional punishment in the form of dismissal from military service. This research uses normative method by taking materials from library research or several journals, books, internet media, and refers to Article 26 of KUHPM, while empirical research uses scientific methods such as observation, interviews, and case studies. The complexity and challenges facev4d by military judges in enforcing law and discipline in the military environment, as well as the importance of maintaining the honor of the TNI through fair decisions and in accordance with applicable legal norms. Thus, dismissal does not only function as a sanction, but also as an effort to maintain integrity and morality within the military institution.
INTERFAITH MARRIAGE IN ISLAMIC FAMILY LAW (Addressing the Doctrinal Provisions and Socio Religious Context in Indonesia) Muhtadli, Rudi Hartono
JURIDISCH DENKEN Vol. 2 No. 1 (2026): juridisch dunken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v2i1.11173

Abstract

Interfaith marriage has become an important issue in the discourse of Islamic family law, especially in Indonesia, which has religious and cultural diversity. Although the state recognizes freedom of religion, the existing legal provisions often create tensions between national law and religious law, particularly concerning marriages between Muslims and non-Muslims. Law No. 1 of 1974 concerning Marriage limits interfaith marriages, which can only take place with the approval of the relevant authorities. This study employs a qualitative descriptive approach with literature analysis to understand the doctrinal views on interfaith marriage and its implications in Indonesia's socio-religious context. This paper explores the differing views of Islamic jurisprudence on interfaith marriage, such as the strict prohibition in the Shafi'i school, the more flexible stance of the Hanafi school, and the contextual approach of the Maliki school. The study also analyzes public acceptance of interfaith marriages in Indonesia, influenced by social norms, culture, and religious education. In more pluralistic areas, there is greater acceptance of interfaith marriages, while in more conservative regions, such unions are considered taboo. In conclusion, the implementation of Islamic family law concerning interfaith marriage in Indonesia requires a more inclusive and adaptive approach to social development and pluralism, while maintaining a balance between religious freedom and the values upheld by society.
Legal Protection For Notaries In Carrying Out Their Duties As Public Officials Desy Artha Pertiwi
JURIDISCH DENKEN Vol. 2 No. 1 (2026): juridisch dunken
Publisher : Faculty of Law Universitas Muhammadiyah Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2417/juden.v2i1.11174

Abstract

The principle of the rule of law is to guarantee certainty, order, and legal protection based on truth and justice. Article 1868 of the Civil Code is the basis for the authority of notaries in drawing up authentic deeds. In practice, there are legal issues related to notarial deeds. The main issues of this study are: 1) How is legal protection regulated for notaries in carrying out their duties as public officials; 2) How Notaries Perform Their Duties and Responsibilities as Public Officials. Protection for notaries in carrying out their duties is very necessary. Legal protection for notaries in carrying out their duties takes the form of fulfilling the rights of notaries as officials and as individuals, in accordance with the provisions of the 1945 Constitution. Preventive legal protection is provided through supervision and guidance by the Notary Supervisory Council, the Notary Law and its implementing regulations, and the Notary Code of Ethics. Repressive legal protection (resolution) is provided in the form of sanctions imposed on notaries who are proven guilty of violating their duties. Legal protection for the notary profession through the Notary Honorary Council (MKN) can be carried out repressively because it is related to the application of Article 66 paragraph 1 of the Notary Profession Law, namely in granting approval or rejecting requests from investigators who wish to summon notaries in court proceedings.

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