bluuebunny/crossref_metadata_2025 huggingface dataset:
Sejarah Konstitusi Madinah Nabi Muhammad Saw (Analisis Piagam Madinah dan Relevansinya di Indonesia)
Authors: Zayyadi Ahmad
Published: February 2023

This work is of the historical discourse about the constitution of Medina with the Medina Charter of The Prophet Muhammad as the content analysis and tends to find out moral massages, values, and principles therein to be implemented for the development of highly-plural Indonesian people. The history of the establishment of the Medina Law is closely related to the discourse about the Medina Charter which is still relevant to speak about. To sharpen the analysis of this work, I quote words from both western scholars and moslem ones and then understand them in the context of social life of the citizens of Indoenesia, especially in resolving social conflicts among peoples and ethnics. In additions, it may be suggested to be a resolution of religious conflicts at local, regional, and international levels. This work has, of course, relevance for the values in the Medina charter as a principle of the establishment of law-based nation are very important to be applicable in Indonesia. The human right, the unity of citizens, religion-based community, the protection for the minority, the politic of peace, etc. are fundamental basis of the values of civilization once practiced by the Prophet Muhammad through The Medina Charter as the fondation of the state law.
Kajian Sosio Historis Hukum Adat dalam Konstitusi Indonesia
Authors: Mujib M.Misbahul
Published: February 2023

Indigenous and tribal peoples have recognized in NKRI constitution, UUD 1945. Many factors affect the recognition of indigenous people in the constitution. This study examines the socio-historical factors that influence the recognition of indigenous people in the constitution. This paper uses the legal theories to prove that the law should be born out of history and social reality.
Independent Agencies dalam Struktur Ketatanegaraan Republik Indonesia
Authors: Jazuly Syukron
Published: February 2023

This research studies theoretical construction of independent agencies in constitutional structure of Republic of Indonesia, and aims at researching and positioning its theoretical construction, characteristics, and also the forms of its checks and balances towards the original three branches.This normative legal research combines perspectives of conceptual approach, as well as statutory, comparative, and historical ones, in which the implementation conducted accordingly by need.By using the various theories created by some classical and contemporary theorists in term of independent agencies, and limitation of powers themes, as it has been implemented in constitutional law practice and revised in theoretical perspective, the result of this study shows independent agencies are a different branch of government, compare to the conception of Montesquieu’s trias politica. Indonesian constitutional lawpractice attracts fact about an existence of a different branch of government, where it is referred to as the independent agencies. As a new type of separation of power, theoretical construction of independent agencies could be referred to as "The New Separation of Power."The result of this study also shows independent agencies existance in constitutional structure of Republic of Indonesia is still be placed under primary state agencies, and considered as auxiliary state agencies.
Peradilan Desa Adat sebagai Instrument Integral Pembangunan Hukum Nasional Ditinjau dari Undang-Undang No 6 2014 Tentang Desa
Authors: Baroroh Nurdhin
Published: February 2023

This article is based on research about representation of customary judicialpractice and customary law after Law No. 6/2014 About the Village. TheElimination of customary law from the national legal system was not able to remove thewhole customary judicial practice and customary law in social life. Customary justice isstill alive in the daily lives of indigenous peoples. This produces a gap between the legalrealities with reality arbitrate indigenous peoples. Law No. 6/2014 About theVillage will create a lot of consequences at the level of village government in the reestablishment of justice among indigenous villages. Article 103 paragraph “e” mentionsthat one of the responsibilities Customary Village is organizing the peace court assemblyIndigenous Village according to the provisions of laws and regulations. This is a freshwind to the development of village justice. The Article 18 B subsection (2) and Article28 subsection (3) in 1945 Constitution became evidence of the recognition and respectfor the rights of traditional customary law community unit should be derived in thelegislation under the 1945 Constitution. In accordance with the theory of the hierarchyof norms, so every rules or legislation should not contrary with the Basic Constitution,in this case is the 1945 Constitution. With the recognition of traditional rights oftraditional law community unit (including the prosecuting authority) in 1945Constitution, should the existence of customary justice also received recognition in thelaw. "Recognition" is meant here is the formal ratification of an entity (the traditionaljustice) which has a special status.
Pengujian Sah Tidaknya Penetapan Tersangka dalam Kerangka Praperadilan
Authors: Alfiananda Rizka Fakhry
Published: February 2023

A pretrial construction as it has been regulated in the IndonesianCriminalProcedure Code had instantly changed after the Constitutional Court decisionNumber : 21/PUU-XII/2014 that being announced on April 28, 2015. Thepretrial construction was initially authorized only to examine and decide the validity ofarrest and detention, the validity of investigation and prosecution termination, and thedemand for compensation or rehabilitation. The authority of the pretrial by a quodecision was then expanded by adding an examination on the validity of inquiry, thevalidity of confiscation, and the validity of suspect determination. Although a quodecision is reputed tohave exceeded the authority of the Constitutional Court because itis judged of creating a new norm, a quo decision remains final and tied so that it shouldbe considered as a complement to the Indonesian Criminal Procedure Code.
Penegakan Hukum Tindak Pidana Kekerasan dalam Rumah Tangga (Studi Kasus di Polresta Yogyakarta Tahun 2011-2013)
Authors: Jamil M.
Published: February 2023

This study discusses the law enforcement criminal acts of domestic violence,which is more specialized in Yogyakarta Police 2011 - 2013. The results show thatthe process of inquiry and investigations conducted by the Police Yogyakarta onumumya are in accordance with Law No. 23 of 2004 on the Elimination of DomesticViolence, Law No. 2 of 2002 on Police and other laws. There are some things thatneed to be improved as maximizing PKDRT socializing and working with agencies orinstitutions to minimize the occurrence of domestic violence. Factors that lead todomestic violence in the jurisdiction of Police of Yogyakarta that factors jealous, factorbecause it has a PIL / WIL (affair), economic factors, because of religious teachingsallow, the education factor is low, a factor for their early marriages, lack ofunderstanding of the religious affiliation , as well as the presence of a third party (theaffair)
Kebijakan Tarif Poligami ( Studi Atas Peraturan Bupati Lombok Timur Nomor 26 Tahun 2014 Tentang Pelaksanaan Peraturaan Daerah Nomor 3 Tahun 2013 Tentang Lain-Lain Pendapatan Asli Daerah Yang Sah)
Authors: Sahuddin Sahuddin
Published: February 2023

This study discusses polygamy rate policy set by the Regent of East Lombok asone revenue. It is known that Republk Unitary State of Indonesia based on Pancasilaand the Constitution of 1945, both of which are the basis of the highest in the stateconstitution Indonesia. After the reform in 1998, was born the Law No. 22 of 1999and Law No. 32 Year 2004 on Regional Government. This Act gives effect to theregions in Indonesia. So there is a new law called local regulations (Perda). The presenceof the executive branch and the legislature named regent named DPRD. The localgovernment tried to create legislation that is based on Pancasila and the 1945Constitution which considers the potential and regional interests necessarily. After doingresearch, we concluded that the East Lombok decree No. 26 of 2014 on theImplementation of Regional Regulation No. 3 of 2013 in accordance with the purposeof siyasah jurisprudence. Because the East Lombok Regent Regulation contains thevalues the benefit of society and the prevention of damage which are elements in thesiyasah jurisprudence. The regulation protects against women who do not want topolygamy
Reformasi dan Perlindungan Hak-hak Tahanan dan Narapidana di Lembaga Pemasyarakatan
Authors: Tahir Ach.
Published: February 2023

Prisoners under the law that undergoing criminal is the prisoners with noindependence in Prisons. The state's role in protecting the rights of detainees andcorrectional Prisoners as follows: performing worship according to religion or belief,getting treatment, both physical as well as spiritual care, education and teaching, gettinghealth care and decent food, making a complaint, obtaining materials reading andfollowing other mass media broadcasts which are not prohibited, receiving family visits,legal counsel, or other specified person, a reduction of the criminal (remission), getting achance to assimilate including holidays to visit family, getting parole and getting aheadof the holiday freely. Such rights must be given to the detainees and the Prisoners asnational efforts in rolling out protection for the rights of detainees and Prisoners. But theimplementation of such rights have not been exercised since the birth of the IndonesianGovernment Regulation No. 99 Year 2012 About Conditions and Procedures ofImplementation Team Building Correctional Rights. See the reality of the need toreform the bureaucracy in the Correction Board considering the habit of prolonging theprisoners in prison to prevent the granting of a Conditional Discharge (PB),assimilation, Holidays By Independent (CMB) and Visiting Family Leave (CMK)and lack of budget
Tinjauan Yuridis Pengadaan Tanah bagi Pembangunan Fly Over Jombor Kabupaten Sleman untuk Kepentingan Umum
Authors: Jaelani dan Purnawanti Abdul Qodir
Published: February 2023

This paper discusses about mechanism of land supplying for building Jombor fly over in Sleman regency Yogyakarta which is less than 1 (one) hectare. It is only 19 areas. The execution process of land supplying was considered as injustice because of its compensation. In order to resolve this problem, the Government have made mediation programs. They discussed with society trhough Indonesian Ombudsman and the District Legislative especially commission of C. This researche is analysed by using critical legal studies theory and legal system theory with field research decimeter method which uses empiric yuridic approach. It means to see directly the facts in the field in order to describe that the mechanism of land supplying in accordance to Indonesian regulations. in fact, the mechanism of Jombor fly over supplying and building was according to the Indonesian regulations, but it is still unclear and overlapping between one regulation with others.
Problematika Stabilization Clauses dalam Kontrak Karya PT Freeport Indonesia Dan Kewajiban Membangun Smelter Pasca Putusan MK No 10/PUU-XII/2014
Authors: Ma’ruf Arifin
Published: February 2023

This paper discusses the problems of stabilization clauses in the contract of work PT Freeport Indonesia and the obligation to build a smelter after the Constitutional Court Decision No. 10 / PUU-XII / 2014, which contracts the work done by the government of Indonesia and PT Freeport Mc Moran is basically a contract concessions the majority of shares are held by the company Freeport McMoran and based on the clause that called stabilization clauses, meaning that mining / consesions agreement that has been signed today by the Freeport McMoRan and the Indonesian government based on the positive law today and should not be changed arbitrarily by the parties to the agreement, and turn must pass through the negotiation process, it causes other problems seriously on the current conditions, on the other hand after the Constitutional Court decision of the Constitutional Court No. 10/PUU-XII / 2014, although there are pros and cons that are very visible in the trial will but ahirnya Constitutional Court rejected the applicant in its entirety, so that the article being tested remain valid and require every mining company to make semelter enabled to pengilahan and purification of the mines in the country, but the construction of the smelter by PT Freeport Indonesia until 2016 only 15 per cent , This shows the company's half-heartedness in carrying out the mandate of the Mining Law, that should begin in 2014 for holders of contracts of work had to be beroprasi.
Diskursus Pemikiran Fikih Lingkungan Ali Yafie dan Mujiono Abdillah
Authors: Mufidah Rifqiya Hidayatul
Published: February 2023

The results of the study, showed that Ali Yafie believes that environmental conservation is a social obligation. Has a sense for the completion of the problems of the environment, the preservation must be implemented by every element of society without aborting other groups although there are already one of the implement. Similarly, analysis of birth control that is where he is as kemadaratan wasilah to prevent the environmental, as well as a social obligation to do all of society for environmental damage caused by population growth continue. Abdillah Mujiono disagree that protecting the environment is an individual obligation which gave rise to ecological merit and sin for any mukallaf. Between the two there is a common thread theory that the juristic environment built for the need to provide environmental awareness of religious approach derived from the Quran and Hadith to achieve the benefit of the environment.
Pemenuhan Hak-hak Narapidana Berdasarkan Asas Persamaan di Hadapan Hukum (Studi Kasus Lembaga Pemasyarakatan Klas II A Yogyakarta)
Authors: Hakim Elviannisa & Faisal Luqman
Published: February 2023

This study concluded that the Prison Class II A Yogyakarta has tried to apply the principle of equality before the law despite the obstacles and the fulfillment of the rights of prisoners, prison following the procedure for the fulfillment of the rights of prisoners in accordance with Government Regulation No. 32 of 1999 on the Terms and Procedures Patronage citizen rights Implementation Corrections for example still a right prisoners to obtain assimilation has not been fulfilled. Based on the results of interviews with prisoners by officers such as the difference in the closeness made officers.
Perlindungan Konsumen terhadap Hak Atas Informasi Harga Pada Menu Makanan, dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen (Studi Kasus di Warung Makan pada Kawasan Malioboro)
Authors: Darnela & Saraspeni Lindra & Wiji
Published: February 2023

This study concluded that the implementation of consumer protection for the right to update the prices on the food menu, food stall at Malioboro area is not in accordance with the Act 8 of 1999 on Consumer Protection. Based on observations in the field, the consumer does not get its due in the form of pricing information which should be given by most businesses in the area of malioboro. In this case most businesses in the area of Malioboro has violated its obligations as entrepreneurs. it is evident from as regulated in Article 7 butur b Law No. 8 of 1999 on Consumer Protection explained that the obligation of the consumer is "Providing accurate information, clear, honest, on the condition and guarantee of the goods and / or services and to give explanations use, repair and maintenance ".
Pelanggaran Persaingan Usaha dan Problematika Eksekusi Atas Putusan KPPU
Authors: Ma’ruf Arifin
Published: February 2023

The genesis of Law No. 5 of 1999 on Prohibition Monopili and UnfairBusiness Competition is expected to be a solution to the problem of unfair businesscompetition that had been rife in Indonesia, the Commission dirikanya spirit in orderto "mensehatkan" business competition in Indonesia. Healthy competition would have apositive impact on entrepreneurs who compete against each other or compete as it maylead to efforts to increase efficiency, productivity, and quality of product produced. Theresults of this study show that the breach of competition rife in Indonesia is bid rigging,In addition there are the problems in the execution of the KPPU decision. This paperwill discuss the tender conspiracy that inhibit competition and problematic execution ofthe Commission's decision.
Politik Hukum Pengaturan Amandemen Undang-Undang Dasar Negara Kesatuan Republik Indonesia Tahun 1945
Authors: Ishak Nuraika
Published: February 2023

The results showed that an amendment to the 1945 constitution can be categorized as one ofthe ways to realize democracy based on law. That the state of law and democracy are two differentconcepts of freedom. Amendments to the Constitution of 1945 NRI is a form of legal reform andalso a manifestation of the democratic state that aims to benefit the people at large. Political power iscrucial because it is a legitimacy for the authorities to be able to apply the rules. The relationshipbetween politics and law is a relationship that can not be separated. Legal and real politics as asubsystem of society is to be open, because it both affects and is affected olehsubsistem each other aswell as by the social system as a whole. Although the law and politics has the function andjustification are different, but the two are not contradictory. Law and politics contribute according totheir function to drive the social system as a whole. Political law used as instruments to be able tocontrol the running of the government.
Analisis Yuridis Cabang Pemerintahan Keempat “The Fourth Branch Of Government” dalam Struktur Ketatanegaraan di Indonesia
Authors: Arbani Tri Suhendra
Published: February 2023

The development of the modern state system is also followed by the establishmentof new institutions as a support of the institutions that have been there before. The mostsignificant event in the development and establishment of institutions is the new powerbranch, which is called by the experts in constitutional as an independent statecommission. Independent state commission institution which, if seen from the characterand the authority, the agency in some literature in American constitutional law isreferred to as the fourth branch of power (The Fourth Branch of Government). Somethings that make this institution called the fourth branch of government (The FourthBranch of Government) is the fact that the agency, or commission or the state body runmore than one function of government as well. The existence of a fourth branch ofgovernment (The Fourth Branch of Government) with the characteristics of stateinstitutions whose authorities are quasi, combinations, as well as the accumulation ofthree existing government functions and make this institution to be difficult to identifyin thought Trias Politica. The phenomenon of the rise of an institution with a newconcept that has influenced the constitutional system in many countries.
Tradisi Bhāākāl Ekakoãghĭ ( Perjodohan Sejak dalam Kandungan) di Desa Sana Laok, Kecamatan Waru, Pamekasan, Madura Dalam Perspektif Hukum Adat Dan Hukum Islam
Authors: Karisyati Septi Karisyati
Published: February 2023

The results showed that the village community asana Laok Waru District,Pamekasan, Madura is the majority of Muslims, more precisely NU Islam, classical.This marriage has existed since the time of their ancestors, is estimated to have existedabout 213 years ago and their obligation is only to preserve the cultural custom. Theysay that while it is not against the Islamic Shari'ah, there is no problem. Because thereis no Qur'anic proof that regulates it. The adat Bhakal Ekakoaghi does not contradictthe concept of an arranged marriage in Islam when it is greened from the purpose ofmatchmaking in accordance with maqasid al-syari'ah but there is little that is lessappropriate about its execution time when the child is still in the womb, such as buyinga cat in a sack, buying something uncertain. Besides that which is less in accordancewith Islamic law is about the legal consequences of the custom. In the custom there aremany legal consequences if it does not carry out the custom, while in Islam there is nolegal compromise from cancellation of an arranged marriage.
Kewenangan Peradilan Tata Usaha Negara dalam Mengadili Sengketa Keputusan Fiktif Negatif dan Fiktif Positif
Authors: Jaelani Abdul Qodir Jaelani
Published: February 2023

The results of the research indicate that, solving the problems through the StateAdministrative Court in the case of a request submitted to the State AdministrationOfficers / Officials in the context of providing public services can be passed through twoways, namely through negative and positive fictitious claims. The existence of both waysin the State Administrative Court is expected to be used as a mechanism for civilpersons or legal entities in claiming their rights to be served and as a means of control orsupervision for public service providers to work well in serving the community, because inthe end, the public is expected to be able to implement good governance in order toprovide legal certainty and justice for the community. The results of the research indicatethat, solving the problems through the State Administrative Court in the case of arequest submitted to the State Administration Officers / Officials in the context ofproviding public services can be passed through two ways, namely through negative andpositive fictitious claims. The existence of both ways in the State Administrative Courtis expected to be used as a mechanism for civil persons or legal entities in claiming theirrights to be served and as a means of control or supervision for public service providers towork well in serving the community, because in the end, the public is expected to be ableto implement good governance in order to provide legal certainty and justice for thecommunity.
Analisis Yuridis Pengisian Jabatan Wakil Kepala Daerah Dalam Penyelenggaraan Pemerintahan Daerah
Authors: Arbani Tri Suhendra
Published: February 2023

This research, which has a title " juridical analysis of fulfillment of the absenceof deputy chief of major’s position the implementation of local government” has purposeto analyze mechanism the fulfillment of the absence of deputy chief of major’sposition the implementation of local government, as well as the implications of emptinessof the absence of deputy chief of major’s position the implementation of local government.This research is normative juridical research. Data collection in this research usecollaborative methods between literature research to collect secondary data in law and tocollect supporting data for literature research. Data was analyzed by qualitativedescriptive analysis. Based on analysis in this research, shows that: First, TheMechanism of Filling the Deputy Head of Region is done in the perspective ofGovernment Regulation Number 49 of 2008 regarding the third amendment toGovernment Regulation Number 6 Year 2005 regarding the Election, Approval,Appointment and Dismissal of Regional Head and Deputy Head of Region, Second,The direct impact to the community due to the absence of a deputy head of the region canbe seen from the heavy workload of regional heads in managing local governments thathave many problems where it can not be resolved without the help of a representative, sothat many services and development will be disrupted.
Transparansi Penerimaan Negara Bukan Pajak (PNBP) Pada Kepolisian Negara Republik Indonesia Menuju Good Police Governance
Authors: Ma’ruf Arifin
Published: February 2023

The results showed that PNBP or Non-Tax State Revenue is one of the revenues ofthe State that comes from non-taxation. In the Police of the Republic of IndonesiaPNBP is regulated in Government Regulation No. 60 of 2016 on Types and Tariffsof Non-Tax State Revenues Applicable to the Police of the Republic of Indonesia. Theregulation is the latest regulation that replaces the previous regulation contained inGovernment Regulation No. 50 of 2010. The results of the analysis in this studyindicate that PNBP in the Police of the Republic of Indonesia must be reported to thepublic. This is in accordance with the provisions contained in Article 9 of LawNumber 14 Year 2008 on Transparency of Public Information that the financialstatements are one of the information that can be accessed by the public and must bereported periodically either through information board media or through electronicmedia. In order to realize Good Police Governance, financial transparency of PNBPbecomes very important.
Pernikahan Dini Di Kecamatan Juntinyuat Kabupaten Indramayu Tahun 2015 – 2016
Authors: Amri Zaenal
Published: February 2023

Law number 1 of 1974 has governed marriage rules in Indonesia. The marriedage limit for 19-year-old and 16-year-old girls. But the reality in the field thereare still people who do underage marriage. Indramayu district had become one ofthe District with the largest number of early marriages in West Java Province,the PTA West Java recorded in 2015 in Indramayu district reached 450, in2016 as many as 347. Juntinyuat District is one area in Indramayu thatextends on the coast North and East Indramayu District. The formulation ofthe problem in this study about, what are the factors causing Early Marriage inDistrict Juntinyuat, what the efforts of the KUA and related Instantsi partiesin order to minimize and even prevent Early Marriage in Juntinyuat District,and how the sociology of Islamic law against the factors and efforts to preventmarriage early in Juntinyuat District, Indramayu District. Law seen from theperspective of sociology, law and enforcer can not be released with the object orsociety correlation that will not be separated, other than because society is the object, sociology perspective considers that effective law is the law that lives in society.
Sanksi Pelanggaran Kode Etik Notaris Oleh Majelis Pengawas Daerah
Authors: Jamil M.
Published: February 2023

Notary is a function that is used from the state inthe field of private law and applies the role in makingauthentic deeds that have perfect proof power. Legalbasis for the implementation of the notary profession, inaddition to the Notary Act and other regulations, theNotary also has a Notary Code of Ethics as a foothold incarrying out his profession. In order to ensure tehcomplience in laws and codes of ethics, Notaries aresupervised by the regional supervisory board. Theexistence of a regional supervisory board is required tobe carried out professionally in carrying out their dutieswithout any feeling of discomfort for the monitorednotary. Notaries need more concrete objective laws,then the Notary Law and the Notary Code of Ethicsrespond to these concerns. However, the complience tothe ethics of the profession is very influential on themorals of the notary himself
Akibat Hukum Kontrak (Akad) Terhadap Subjek dan Objeknya
Authors: Muslih Muslih
Published: February 2023

The agreement is a legal relationship regarding the ties between parties that cause legal consequences and must be fulfilled. In classical fiqh, agreements only involve parties who make and do not apply to other parties. However, at certain limits due to contract law it can also involve third parties. With respect to the object of the contract, transfer of ownership can be carried out if the provisions in the form of the scope of the contents of the agreement, the binding capacity of the agreement and the responsibilities of the agreement have been fulfilled.
Implementasi Peraturan Perundang-Undangan Tentang Diversi Tindak Pidana Anak di Polresta Yogyakarta
Authors: Nabilah Eva Albatun
Published: February 2023

processes to processes outside criminal justice. Diversion was only implemented in 2014, two years after the enactment of Law No. 11 of 2012 concerning the Child Criminal Justice System. The purpose of implementing diversion is to create restorative justice in the juvenile justice system. Restorative justice is believed to be able to overcome the high rate of child crime in Indonesia. In fact, in Yogyakarta, even though diversion has been implemented, the number of children committing crimes is still high. Based on this, the authors are interested in examining two things, namely examining the related implementation of diversion in Yogyakarta Police towards all criminal offenses that meet the requirements of attempted diversion and to see its implementation in terms of the objectives of the Child Criminal Justice System.This research uses a jurisdictional-empirical approach by looking at the suitability between the Law and the reality at the Yogyakarta Police. This research is descriptive analysis by conducting interviews and observations as data collection techniques.The results of this study, the authors conclude that not all child crimes in Yogyakarta Police are attempted diversion according to the mandate of the Child Criminal Justice System Act, even though the criminal offense of the child has fulfilled the requirements for diversion. This is because in practice, in addition to using diversion solutions, Yogyakarta Police also has another solution called "ADR". From the results of this study, the authors conclude that not all forms of restorative justice that are the objectives of the juvenile justice system are achieved. Of the 5 (five) points of the objectives of the juvenile justice system, three of them are achieved, namely: resolving child cases outside the judicial process; Avoid children from deprivation of independence; and Encourage the community to participate. While the other two, achieving peace between victims and children and instilling a sense of responsibility for children, has not been achieved.
Legitimasi Penggunan “Debt Collector” Di Perusahaan Pembiayaan Syariah Dalam Proses Eksekusi Jaminan
Authors: Setyawan Perdana Nur Ambar
Published: February 2023

The development of the world of sharia economy has made significant progress in this XX century. Even in Indonesia, it is started the emergence of Islamic banks and followed by other financial business sectors such as sharia insurance, syariah capital markets, and sharia leasing. Shariah financing (Leasing) became the public choice in the procurement of goods, especially vehicles because the process is fast, simple, and easy. Similar to other financing businesses that culminate in the provision of credit, the sharia leasing system also starts from the signing of contracts, binding fiduciary guarantee, and delivery of vehicles to customers. The distinction of Sharia financing is in the contracts and Islamic Economic principles that clinged in tits business process. Trust is the primary basis of the financing business, both customer and leasing company is expecting the installment be settled on time without any payment arrears. However, sometimes there are some customers who have failed payment of vehicle installment. In this situation the company will take measures to rescue the financing, executing Fiduciary guarantee. The execution process starts from delivery of warning letters to customers till taking back the collateral by its debt collector in order to smooth the process of guarantee sales. Sometimes the collateral-taking becomes a little harsh because the customers are reluctant to hand over process, whereas the legitimacy of the debt collector's action is essentially based on both Islamic Law and Positive Law in Indonesia.
Interpretasi Hukum “Anak Di Luar Perkawinan” Dalam Undang-Undang Perkawinan 1974 (Studi Pandangan Hakim Pengadilan Agama Provinsi Daerah Istimewa Yogyakarta)
Authors: Mahmud Mahmud
Published: February 2023

This research was conducted with the aim to findout what the judge's view of the legal interpretationabout the outside marriage state of children and howthe interpretation of the judge's judgments regardingthe decision of the panel judges related to the outsidemarriage state of children according to the state viewsof the Religious Courts of Yogyakarta Special Province.In this method of study using the Juridical Sociologicalmethod that a combination of fields that use primarydata and secondary data in the form of interviews withinformants and this study is descriptive analytical.Based on the approach method concluded: 1. Accordingto the marriage law Law No. 1 of 1974 in Chapter IX,Article 43 paragraph (1) a child out of wedlock only hasa civil law with his mother and his mother's family. Butwith the decision of the constitutional court No. 46 /PUUVIII / 2010 read: "Children born outside ofmarriage have a civil relationship with their mothersand families and with men as fathers who can be provenby knowledge and technology or by other meansaccording to the law so that they are proven to haveblood relations, or a civil relationship with his father'sfamily, not enough to give consideration to the judge indeciding the case, according to the author, it is quiteinteresting to understand the state of children outsidethe marriage from the point of view of the judge. In thisresearch, the compiler tried to study it using fieldresearch. The primary material of this research is the viewsof the judges in the Bantul Religious Courts, Yogyakartaand Sleman. Regarding the legal interpretation by thejudge of the state of children outside of marriage, in themarriage law No. 1 of 1974 obtained by interview.Based on the analysis carried out, it can be obtainedfrom the Judges in the Bantul Religious Courts,Yogyakarta and Sleman have the same view regardingthe legal interpretation of the state of children outsideof marriage. that the definition of a child outsidemarriage is a child of the sirri marriage. The equation isin his view that what is seen first is certainly thelegitimacy of his marriage, where when the terms andconditions are fulfilled, the request is granted andwhere there is an unfulfilled meal, it will be rejected.Keywords: Outside marriage of Children, interpretationof law, laws
Perlindungan Hukum Debitur Penanggung Dalam Perjanjian Pembiayaan Terhadap Kumpulan Dengan Sistem Tanggung Renteng(Studi Kasus Pt Mitra Bisnis Keluarga Ventura)
Authors: Hanafi Muhammad Ngiban
Published: February 2023

The result of the research shows that the debtorswho use joint and several liability system agreementhave individual assurance, debtors who doinappropriate default of contract and against 1839Indonesian Civil Code article’s. The practice of legalprotection for debtors who have obligation is theprotection through 1839 Indonesian Civil Code article’s,It is not maximally work in protecting the debtors andthe practice of injustice happens between the debtorswho have obligation and the debtors who do default ofcontract. Legal efforts carried out by debtors who bearthe obligations in the joint responsibility system are tohold group members' meetings, collect directly andreport to local village officials with the aim of obtainingcompensation from debtors who conduct defaults.Keywords: Legal Protection, Debitor, Joint and SeveralLiability, and Legal Effort
Tinjauan Yuridis Terhadap Pengelolaan Sampah di Pondok Pesantren Al-Luqmaniyyah
Authors: Madarina Madarina
Published: February 2023

Garbage is a problem that is currently being a bywordin various local and long-distance media. Indonesia is evenreferred as the second largest contributor of plastic waste in theworld after China. Yogyakarta is a city with a variety ofinteresting tourist destinations as well as known as studentcities. Many migrants come and stay temporarily inYogyakarta. This has implications for the number ofmushrooming Islamic boarding schools. The number of Islamicboarding schools is of course directly proportional to theamount of waste generated. The relationship with waste,actually there has been a Yogyakarta City Regulation Number10 of 2012 which regulates Waste Management. However, theproblem is that the majority of pesantren residents aremigrants who are likely not aware of this regulation. Thisproblem which is discussed in this paper.
ZONASI DALAM PENERIMAAN PESERTA DIDIK BARU: STUDI KASUS DI SMPN 1 BANGUNTAPAN BANTUL YOGYAKARTA
Authors: Iswara Zannurul , Fatimah Siti
Published: February 2023

Zoning System of New Student Admission (PPDB) is a newbreakthrough in the national education system. This system isregulated by the Ministry of National Education (MONE)Number 17 of 2017 jo Number 14 of 2018. In this paper, theauthor examines the PPDB zoning problem in the constitutionallaw perspective in Bantul Regency of Yogyakarta province in2018. This paper is the result of a field research in BantulRegency, by taking example at the State Junior High School(SMPN) 1 of Banguntapan Bantul Regency. The results showedthat the implementation of PPDB in Bantul Regency was carriedout based on the Regulation of the Head of the Bantul RegencyEducation, Youth and Sports Service Number 120 of 2018 jo142 of 2018. The zoning was divided into two, namely the schoolenvironment or zoning with 500 meters (zoning ring) and widezoning districts that will be divided into several zones withadditional points. The implementation of PPDB at SMPN 1Bantul is in accordance with the regulation of MONE Number14 of 2018 by implementing zoning pathways by achievementpaths. While on the path the percentage of specific reasons isnot appropriate, which is only reached (87.5%).Keywords: Zoning System, Acceptance of New StudentAdmission (PPDB), Ministry of National Education (MONE),Regulation
Study Of Legal Positivism
Authors: Prasetyo Yogi , Absori Absori
Published: February 2023

This article is a result of study that aims to explain the importance of the thought of legal positivism. The rapid development of science and technology can cause problems in life. The demands of the necessities of life to be fulfilled by human beings. Therefore, the development of legal positivism as a legal discipline closely related to the rational method of legal thinking becomes very important. There are various issues that require assertiveness and legal certainty to solve them. Understand how laws in legislation are important in law science, because law embraces the principle of legality in the system of state positive law norms. The study method used is literature with philosophical approach. From the results of the study shows that the study of legal positivism is very important to understand the law in writing in the legislation. Deductive that became characteristic in the method of reasoning legal positivism to get a correct understanding of the law of the general provisions established in the legislation. Rational-based legal positivism is very useful to establish the degree of legal certainty.
Urgensi Pengesahan RUU PKS Terhadap Instrumen Penegakan Hak Asasi Perempuan
Authors: Subarkah Alfianita Atiq Junaelis , Tobroni Faiq
Published: February 2023

Kekerasan terhadap perempuan merupakan salah satu bentuk pelanggaran hak-hak asasi yang dimiliki perempuan sebagai seorang manusia. Berbagai bentuk kekerasan kepada perempuan terus berkembang dalam kehidupan masyarakat, dari mulai kekerasan luring yang memerlukan kontak fisik hingga kekerasan daring melalui media virtual. Penegakan hak asasi perempuan tentulah harus dilaksanakan sesuai dengan amanat Deklarasi Universal Hak Asasi Manusia yang tidak membolehkan adanya diskriminasi pada suatu kaum tertentu. Hal inilah yang kemudian membuat masyarakat mendorong pemerintah untuk menetapkan suatu Undang-Undang yang dapat berlaku secara luas dalam rangka menghapuskan berbagai macam kekerasan. Rancangan UndangUndang Penghapusan Kekerasan Seksual telah berulang kali masuk dalam Program Legislasi Nasional, tetapi hingga kini belum terbentuk suatu Undang-Undang yang sah sebagai tonggak penegakan keadilan yang akan menjadi dasar dalam memberikan sanksi pada pelaku kekerasan seksual dan juga memberikan perlindungan kepada korban. Oleh karenanya, penting untuk mengesahkan RUU Penghapusan Kekerasan Seksual ini agar dapat menekan maraknya kekerasan yang terjadi terhadap perempuan.
Diskursus Riba Penjualan Langsung Berjenjang Syariah (PLBS) Paytren Di Kalangan Ulama Penceramah Dan Ulama Entreprenuer
Authors: Mangunsong Nurainun
Published: February 2023

Sharia Tiered Direct Selling (PLBS) or popularly called multilevel marketing (MLM) in the sharia perspective is still being debated. The element of usury and gharar that can be seen from this practice of multilevel marketing or multilevel pyramid has made many scholars indoctrinate it as haram. However, along with the development of e-commerce or digital online facilities that can be accessible, faster, cheaper, and unlimited, PLBS continues to be developed into an attractive business and sharia as an effort to answer business competitions and to channel for the needs of muslims. This research tries to look at the business practice of PayTren PLBS in the copetititions and sharia context, and the response of Preaching Scholars and Entrepreneur Scholars in the online media related to PayTren PLBS.
Zakat "Instumen Kesejahteraan Ummat"
Authors: Nurhidayatuloh Nurhidayatuloh
Published: February 2023

Manusia dicitakan sebagai makhuk sempurna karena memiliki akal sehingga dikenai pertanggung jawaban atas apa yang diperbuatnya, baik pertanggung jawaban di dunia maupun pertanggung jawaban di akhirat. Salah satu kewajiban manusia dalam rukun islam adalah mengeluarkan zakat dengan kuailfikasi tertentu. Muzakki (orang yang berkewajiban mengeluarkan zakat), memiliki peranan besar dalam mensukseskan jalannya hak dan kewajiban dalam regulasi zakat di masyarakat. Mustahik (orang yang berhak menerima zakat) memiliki peran yang besar pula agar dana zakat yang dikeluarkan oleh muzakki tepat sasaran sesuai dengan tujuannya (produktif).Makhluk sosial, sifat yang mendasari manusia karena tidak bisa hidup tanpa manusia lainnya memiliki hubungan yang menarik. Zakat yang telah diatur dalam hukum Islam menjadi bukti bahwa sesungguhnya manusia tidak boleh hanya mementingkan diri sendiri melainkan harus mempertimbangkan kepentingan orang lain. Kewajiban mengeluarkan zakat bagi yang mampu bukan tidak memiliki landasan. Salah satu adanya zakat karena dirasa masih adanya golongan tertentu dari klasifikasi perekonomian masyarakat.Pemberian zakat tunai yang dikeluarkan banyak berdampak psikologis. Kebiasaan yang dilakukan akan menjadikan budaya dan habit yang tidak baik tentunya. Budaya pemberi dan penerima zakat dalam hal konsumtif jangka pendek harus dirubah pola peruntukannya. Ketika seseorang diberi ikan untuk di makan, akan berbeda dampak jangka panjangnya dengan seseorang diberi bibit ikan untuk dibudidayakan. Mustahik mempunyai hak sepenuhnya atas harta yang mereka dapatkan, akan tetapi pengelolaan dana tersebut akan mudah habis ketika digunakan untuk konsumtif.  Peran pesantren dalam merubah stigma masyarakat sangat dibutuhkan demi tercapainya tujuan syariat sesuai koridornya.Kata kunci: zakat, instrumen, kesejahteraan, ummat
Multivalent Cartographic Accessibility: Tactile Maps for Collaborative Decision-Making
Authors: Cole Harrison
Published: February 2023

Conventional visual maps present significant accessibility challenges for blind or low vision users, leaving them with few or no options for interpreting spatial data. This need not be the case: tactile maps, designed to be read through touch, have been published for more than a century. But they have most often been categorized as a navigation tool, or mere “tactile graphics” (i.e., not as expressly spatial documents). Tactile maps that allow their users to explore and synthesize thematic spatial data are rare, as are studies evaluating them. As our world continues to face existential threats that are spatial in nature—pandemics, supply chain disruptions, floods, etc.—maps will continue to provide critical information in ways that other media are unable to match. In the absence of accessible thematic maps, blind people will not only be left out of the loop, but their capacity for contributing valuable input will be severely diminished. In response, I describe here a study that evaluates the potential of thematic tactile maps for providing blind users an accessible means of analyzing spatial data when working in collaboration with sighted partners. Findings indicate that while the maps did not prove to be useful tools on their own, they did facilitate collaboration between blind or low vision participants and sighted participants. This suggests that, with some refinements, similar maps could be feasibly distributed as a means for people with visual disabilities to meaningfully participate in an otherwise inaccessible process that requires the synthesis of thematic spatial information.
The discovery of a new type of innervation in lymphoid organs
Authors: Wu Kaiyun , Li Ruixi , Zhang Yanlin , Liu YanMei , Wang MinChen , Huang Jinyu , Zhu Changlai , Zhang Jianping , Yuan Xiangshan , Liu Qingqing
Published: February 2023

It is well known that the main forms of innervation are synapses and free nerve endings, while other forms of innervation have not been reported. Here, we explore a new way of innervating lymphoid organs. Male Sprague‐Dawley rats were used for studying the innervation of sympathetic nerve fibers in lymph nodes by means of anterograde tracking, immunoelectron microscopy, three‐dimension reconstruction analysis, and immunofluorescence labeling. The results showed that the Fluoro‐Ruby labeled nerve endings targeted only a group of cells in the lymph nodes and entered the cells through the plasma membrane. The electron microscopy showed that the biotinylated glucan amine reaction elements were distributed in the cytoplasm, and most of the biotinylated glucan amine active elements were concentrated on the microtubule and microfilament walls. Birbeck particles with rod‐shaped and/or tennis racket like structures can be seen in the labeled cells at high magnification, and Birbeck particles contain biotinylated glucan amine‐reactive elements. The immunofluoresence results showed that the Fluoro‐Ruby‐labeled nerve innervating cells expressed CD207 and CD1a protein. This result confirmed that the labeled cells were Langerhans cells. Our findings suggested that Langerhans cells might serve as a “bridge cell” for neuroimmune cross‐talking in lymph organs, which play an important role in transmitting signals of the nervous system to immune system. This study also opened up a new way for further study of immune regulation mechanism.
Effect of exercise‐induced bronchoconstriction on the configuration of the maximal expiratory flow‐volume curve in adults with asthma
Authors: Klimenko Oksana , Luu Peter , Dominelli Paolo , Noggle Nathan , Petrics Gregory , Haverkamp Hans Christian
Published: February 2023

We determined the effect of exercise‐induced bronchoconstriction (EIB) on the shape of the maximal expiratory flow‐volume (MEFV) curve in asthmatic adults. The slope‐ratio index (SR) was used to quantitate the shape of the MEFV curve. We hypothesized that EIB would be accompanied by increases in SR and thus increased curvilinearity of the MEFV curve. Adult asthmatic ( n  = 10) and non‐asthmatic control subjects ( n  = 9) cycled for 6–8 min at 85% of peak power. Following exercise, subjects remained on the ergometer and performed a maximal forced exhalation every 2 min for a total 20 min. In each MEFV curve, the slope‐ratio index (SR) was calculated in 1% volume increments beginning at peak expiratory flow (PEF) and ending at 20% of forced vital capacity (FVC). Baseline spirometry was lower in asthmatics compared to control subjects (FEV1% predicted, 89.1 ± 14.3 vs. 96.5 ± 12.2% [SD] in asthma vs. control; p  < 0.05). In asthmatic subjects, post‐exercise FEV1 decreased by 29.9 ± 13.2% from baseline (3.48 ± 0.74 and 2.24 ± 0.59 [SD] L for baseline and post‐exercise nadir; p  < 0.001). At baseline and at all timepoints after exercise, average SR between 80 and 20% of FVC was larger in asthmatic than control subjects (1.48 ± 0.02 vs. 1.23 ± 0.02 [SD] for asthma vs. control; p < 0.005). This averaged SR did not change after exercise in either subject group. In contrast, post‐exercise SR between PEF and 75% of FVC was increased from baseline in subjects with asthma, suggesting that airway caliber heterogeneity increases with EIB. These findings suggest that the SR‐index might provide useful information on the physiology of acute airway narrowing that complements traditional spirometric measures.