bluuebunny/crossref_metadata_2025 huggingface dataset:
Impact of Gender on Gastroesophageal Reflux Disease Complications: Analysis of 27 Million Hospitalizations
Authors: Bains Kanwal , Iqbal Humzah , Attri Amit , Dhiman Mukul , Singh Ishandeep , Kohli Isha , Chaudhry Hunza , Dukovic Dino , Sohal Aalam , Yang Juliana
Published: March 2024

Background and Aims: Previous studies have reported gender differences in patients with gastroesophageal reflux disease (GERD). These studies have also reported differences based on gender in the rates of complications. In this study, we aim to identify gender disparities in the rates of GERD complications in the United States.
Methods: We queried the 2016-2020 National Inpatient Sample database to identify patients with GERD. Patients with eosinophilic esophagitis or missing demographics were excluded. We compared patient demographics, comorbidities and complications based on gender. Multivariate logistic regression analysis was used to identify the impact of gender on complications of GERD.
Results: 27.2 million patients were included in the analysis. Out of them, 58.4% of the hospitalized patients with GERD were female. Majority of the women were White (75%), aged>65 years (57.5%) and were in the Medicare group (64%). After adjusting for confounders, females were noted to have lower odds of esophagitis (aOR=0.85, 95%CI: 0.84-0.86, p<0.001), esophageal stricture (aOR=0.95, 95%CI: 0.93-0.97, p<0.001), Barrett‘s esophagus (aOR=0.58, 95%CI: 0.57-0.59, p<0.001) and esophageal cancer (aOR=0.22, 95%CI: 0.21-0.23, p<0.001).
Conclusions: Our study confirms the findings of previous literature that females, despite comprising the majority of the study population, had a lower incidence of GERD related complications. Further studies identifying the underlying reason for these differences are required.
The Use of Low-Dose Dopamine in the Neonatal Intensive Care Unit
Authors: Prideaux Mallory A. , Guillet Ronnie
Published: April 2024

Dopamine has been used for half a century in adult and pediatric patients for the treatment of hypotension, as well as for the theoretical prevention of acute kidney injury (AKI). Although activation of renal dopamine receptors leads to increased urine output, there is no evidence that low-dose dopamine reduces the incidence of AKI, need for dialysis, or death. Dopamine administration is also associated with multiple adverse effects, particularly in preterm infants. Despite the lack of evidence for its use, as well as the known adverse effects of dopamine, many neonatologists still use low-dose dopamine to prevent or treat AKI in neonates. In this review, we provide a summary of our current medical knowledge about the use of low-dose dopamine in the neonatal population.
IMPROVEMENT OF DESIGN PARAMETERS OF INERTIAL TYPE FUEL CONTINUITY SYSTEMS
Authors: Davydov Sergey , Davydova Angelika , Kryvenko Anatolii , Chupryna Anatolii
Published: April 2024

Multiple restart of liquid-propellant rocket engines of spacecraft in zero gravity is one of the most difficult tasks that arise in the creation of new products of rocket technology. When performing a flight task, due to the movement of the spacecraft along the passive section of the trajectory, the components of the liquid fuel are mixed with the pressurized gas in its tanks in an arbitrary manner. There is a possibility that the gas phase will be located close to the drain hole. At the time of re-turning on the propulsion engines of the spacecraft, along with fuel, gas bubbles will enter the consumable line from the tank, which can, in turn, cause a failure of their launch.

In order to avoid this emergency, special fuel continuity systems are used. Despite the significant diversity of these systems, all of them have significant shortcomings and limited working conditions. The main purpose of using fuel continuity systems of any type is to prevent the penetration of boost gas from the tank cavity into the flow line until the tank is completely emptied.

The paper is devoted to the analysis of the possibilities of improving the design parameters of the two most common systems for ensuring fuel continuity by creating a combined "hybrid" system on their basis. Inertial and mesh systems for ensuring fuel continuity are considered. Theoretically, an analysis of the possibility of reducing the effect of pre-start acceleration for an inertial system for ensuring fuel continuity due to the use of a mesh phase separator in the fuel supply system is carried out. The paper considers the main design parameters of this combined system, which directly affect the level of its technical perfection, as well as the possibilities of their optimization.

The results of the work can be useful in engineering practice in the creation of new promising products of rocket and space technology.
Zona Azul en Guanacaste: significado y relatos de la vida real
Authors: Mora Paula , Ruiz Mariam
Published: April 2024

Este artículo triangula el concepto de envejecimiento exitoso, con las llamadas Zonas Azules y tres relatos de la vida real de personas mayores de 90 años de la Zona Azul en Guanacaste. Se comprende que efectivamente mucho de lo visto en cuanto al envejecimiento exitoso, coincide con lo que se conoce como una Zona Azul (denominada así por Dan Buettner) y lo que indican las entrevistas realizadas a sujetos que en la actualidad cuentan con 90 años o más y son de Guanacaste. El artículo hace un claro llamado de atención no solo para mantener hábitos de salud física como alimentación, ejercicio y sueño; sino también para tratar de construir desde ahora vínculos sociales de calidad que perduren y trasciendan la etapa vital actual, para convertirse en un apoyo en la edad adulta mayor.  Esto claramente ayudará a transitar esa etapa de manera exitosa.
Syllabus-Based Analysis of a Medical School Curriculum
Authors:   Research Institute of Education Science, Jeju National University, Song Mi-Ryoung , Lee Jin-ju
Published: April 2024

This study aims to analyze the syllabi of all courses in the A Medical School curriculum, including basic medicine, preclinical, clinical practice, medical humanities and social sciences, and student research programs. The purpose is to evaluate the appropriateness of each component and utilize the results as a basis for curriculum improvement. The main research findings are as follows. First, the curriculum objectives present clinical competence, competence as a medical scientist and educator, and competence as a professional and leader in order to achieve the graduation outcomes of the medical school. However, there are not many courses dealing with professional and leadership competencies in the basic medicine and preclinical education courses, so they need to be strengthened through curriculum improvement. Second, various teaching methods such as lectures, PBL, practice, discussion, and presentation are utilized. Appropriate teaching methods are used according to the characteristics of each course. Third, student assessment is conducted through written exams, assignments, practice, and learning attitude to evaluate knowledge, skills, and attitude. Written exams, learning attitude, and attendance are mostly included in all courses. Fourth, feedback is an essential element of competency-based education. A Medical School plans feedback for each course, and the feedback plan was more than 80%. When feedback was planned as a group, it mainly consisted of quizzes and problem solving, and the proportion of individual feedback was high in the clinical practice and student research courses. Although most courses have feedback plans, it is necessary to specify the timing and method of feedback. Through the results of the study, it was confirmed that the A Medical School curriculum has a foundation for competency-based education, but some courses need improvement. It is expected that the quality of medical education will be improved if the syllabi are appropriately established and implemented in the future.
Analysis of Secondary School Mathematics Teacher Training Course and Qualification Test in France
Authors:   Research Institute of Education Science, Jeju National University, Lee Woo Jin , Choi Byoung Jin
Published: April 2024

On January 5, 2023, the Ministry of Education announced plans for the introduction and pilot operation of a graduate school system specializing in education for fostering graduate-level teachers, as well as plans for the practice semester. In this study, the purpose of this study was to find implications by analyzing the teacher training system in France, which has a policy very similar to that currently planned by the Ministry of Education. First, we analyze the overall composition and characteristics of the MEEF master's course, a teacher training course in France, are examined, and the curriculum, subjects, credits, and field practice of INSPÉ Toulouse University, and the characteristics of French mathematics. Using that teacher training courses are analyzed. In addition, the overall structure of CAPES, the national Teacher Qualification Test in France, was reviewed, and past questions from the 2022 school year were analyzed to derive implications for the Korean employment system and employment examination.
Tiktok Application: A Study of Student Learning Concentration
Authors: Faradis Khairana Filzah , Reksiana Reksiana
Published: April 2024

Lack of concentration in learning causes a decrease in the quality of learning, so it needs to be improved to improve student learning. This study aims to determine the learning concentration of students of the Tarbiyah Faculty of the Institute of Al-Qur'an Science (IIQ) Jakarta, which is influenced by the use of the TikTok application. With this, researchers can determine whether or not there is an effect on using the TikTok application. This research includes quantitative research with a descriptive method. The population in this study was 596 students, and the objects were all students of the Tarbiyah Faculty of the Institute of Al-Qur'an (IIQ) Jakarta, with a total sample of 86 people. The data collection technique uses a questionnaire. The results showed that, in the simple linear regression test, there was an influence between the X variable and the Y variable. That is <0.05= 0.007. It means that if the significance value is less than 0.05, it can be declared significant. Based on the result, the use of the TikTok application contributes 7.1% to the level of concentration in student learning, and other factors influence the rest.Kurangnya konsentrasi belajar menyebabkan menurunnya kualitas belajar, sehingga hal tersebut perlu ditingkatkan agar belajar mahasiswa lebih baik lagi. Penelitian ini bertujuan untuk mengetahui konsentrasi belajar mahasiswa Fakultas Tarbiyah Institut Ilmu Al-Qur’an (IIQ) Jakarta yang dipengaruhi oleh penggunaan aplikasi TikTok. Dengan ini peneliti dapat mengetahui ada atau tidaknya pengaruh penggunaan aplikasi TikTok. Penelitian ini termasuk penelitian kuantitatif dengan metode deskriptif. Populasi pada penelitian ini sebanyak 596 mahasiswa, yang dijadikan objek adalah seluruh mahasiswa Fakultas Tarbiyah Institut Ilmu Al-Qur’an (IIQ) Jakarta dengan jumlah sampel 86 orang. Adapun teknik pengumpulan datanya menggunakan angket atau kuesioner. Hasil penelitian menunjukkan bahwa, pada uji regresi linier sederhana terdapat pengaruh antara variabel X dengan variabel Y. Yaitu < 0,05 = 0,007. Artinya jika nilai signifikansi kurang dari 0,05 dapat dinyatakan signifikan. Dan dapat diketahui pula bahwa penggunaan aplikasi TikTok memberikan kontribusi 7,1% dalam tingkat konsentrasi belajar mahasiswa selebihnya dipengaruhi oleh faktor lain.
Efforts to Develop Children's Talents Through Extracurricular Activities at Nur El-Qolam Islamic Middle School Serang Banten
Authors: Sahudi Sahudi , Nurdiyanto Nurdiyanto
Published: April 2024

Humans are born with potential and innate abilities that need to be developed. This research aims to describe and analyze how to develop students' interests and talents through extracurricular activities, as well as supporting and inhibiting factors in carrying out extracurricular activities. The approach taken in this research uses a qualitative approach with field study methods. Meanwhile, the data sources in this research contain two sources, namely primary and secondary. Primary includes interviews with teachers and students who take part in extracurricular activities, while secondary includes: journal articles, school documents, archives extracurricular mentoring books, and other internet media that are relevant to this research. The data collection techniques are observation, interviews, documentation, and triangulation. Meanwhile, the data analysis technique uses Miles and Huberman's theory, namely data reduction, data display, data presentation, and data verification so that the results can be interpreted accurately and precisely. The results of this research show that in developing students' interests and talents there are several things, including through extracurricular activities, including martial arts (taekwondo), futsal, harsh music, and scouts. As well as supporting factors in carrying out extracurricular activities: (students are in a dormitory environment because at the school all students are Santri so mum is on site. The inhibiting factors are still the large number of students' lack of discipline and the lack of mentors who guide students in developing their interests and talents.
Construction of Village Autonomy Regulation in Achieving People's Welfare: Critical Review Law Number 6 of 2014 on Villages
Authors: Santoso Lukman
Published: April 2024

This study aims to explore the construction of Village autonomy arrangements to realize people's welfare. As it is understood, the issuance of Law No. 6 of 2014 on Villages has become a new chapter of autonomy regulation in Indonesia, which opens space for villages to be independent and autonomous. This research is juridical-normative research, which includes a descriptive-qualitative type—using secondary data from primary and secondary legal materials. This study applies statute, conceptual and hermeneutic approaches to data analysis. The findings of this study are that in realizing people's welfare, the construction of village autonomy arrangements is based on comprehensive and integrated planning based on each region's potential. So that each region gets benefits and benefits together. The realization of this welfare includes two components: the provision of essential services in the village and the development of the village economy based on local resources' potential.
Synchronising Positive Law and Islamic Law Within a Justice Concept in Concurrent Elections 2024: From The Philosophical Perspective of Islamic Law
Authors: Mahir Mahir
Published: April 2024

Concurrent elections should not be injured by dissenting interpretations of Islamic Law in terms of its contextual connection to Positive Law. This research aims to delve into the connection between the norms of Islam and politics in Indonesia and the measures taken to bring about the harmony of religious norms within the political system of law in Indonesia. With a normative-descriptive approach, this legal research discovered that the legal objective is not restricted to justice, but it also takes into account legal certainty and merit. The discourse on justice often refers to two thoughts. John Rawls and Jürgen Habermas, within the scope of critical philosophy developed by Kant, attempted to seek the primary principles underlying social life. Concurrent elections 2024 in Indonesia refer to direct, universal, free, secret, genuine, and just principles. These principles serve as the basis for justice enforcement, especially in the fulfilment of the political rights of the citizens. The justice principle builds the harmonization of the norms that underlie elections with Islamic Law as the core soul of the elections. Participation in elections is understood as the exercise of the norms of Islamic law with the frameworks aiming to bring about the merit of the people as a whole. How do the principles of justice in the principles of elections intertwine with the principle of justice in Islamic law?
Keywords: Harmonization, justice, concurrent elections, the philosophy of Islamic Law
Flag Respect in Indonesia: A Study of Islamic Literature and Legislation in Indonesia
Authors: Huda Bakhrul , Syam Nur , Safiudin R. Achmad
Published: April 2024

The tribute of the flag is routinely debated on social media, with a flag ceremony held on 17 August each year. Such issues appear to be annual discussions, although there are logical reasons for the party to unanimously express respect for the flag. This article was presented to add academic literature to honoring the flag by answering how unquestioned human diversity is in Islamic literature, how the urgency of the flag in Islamic literature, and how urgency honors the flag in the legal state. The method used to answer these questions is a descriptive qualitative research method with a literary study approach. The sources used are secondary data obtained by authors of Verses, Hadith, Classical Islamic literature, legislation, journals, processes, and relevant online news. The result of the discussion was to become sunnatullah of the existence of humans who are of different ethnicities and nations. The flag that represents a nation or a nation exists and is recorded in the history of Islamic literature. The salute of the flag as an expression of gratitude, a love of the fatherland, commemorating the hero's ceremonial service, which proved there is no Shirk word in the anthem, the blessing of ceremony-bearers and the words of prayer recited at the end of the ceremony are acceptable, recommended even (should) on postulate ṣaḥīḥ even above ṣarīḥ. The attitude of the flag in the legislation is in Article 20 PP. No. 40 of 1958 and Article 15 of Law No. 24 of 2009, respect means to uphold the state's identity while also being a form of love and acknowledging the sovereignty and honor towards the state.
Peran Santri terhadap Pemberantasan Korupsi sebagai Upaya Mempertahankan Keamanan Negara
Authors: Yani Fitri
Published: April 2024

Salah satu bentuk kejahatan yang bisa mengancam keamanan negara adalah tindak pidana korupsi. Namun permasalahannya, berbagai upaya pemberantasan korupsi hingga saat tidak mampu mengikis habis kejahatan korupsi. Faktanya, pada tahun 2017, KPK menemukan 576 kasus korupsi dengan jumlah tersangka 1.298 orang. Dari jumlah kasus tersebut, nilai kerugian negara sejumlah Rp.6.5 Triliun sedangkan KPK menemukan nilai suap sebanyak Rp. 211 Miliar. Kajian ini bertujuan untuk menemukan solusi baru dalam memberantas tindak pidana korupsi di Indonesia. Kajian ini menggunakan pendekatan non doktrinal. Berdasarkan hasil analisis bahwa tindak pidana korupsi merupakan salah satu permasalahan hukum yang luar biasa, maka penyelesaiannya harus dengan cara yang luar biasa (rule breaking) yakni melibatkan peran santri yang berada dalam pesantren termasuk peran kiai/ustadz. Melalui pengetahuan agama dan karakter yang dibentuk selama dipesantren sebagai basic behavior dalam perjalanannya menjadi seorang pemimpin. Indonesia mempunyai 3.642.738 santri sebagai pemuda yang mempunyai peran yang sangat besar dalam rangka pembangunan nasional.
Tinjauan Tindak Pidana Ujaran Kebencian Menurut Undang-Undang No. 11 Tahun 2008 Dalam Prespektif Perbandingan Hukum
Authors: Tutik Titik Triwulan
Published: April 2024

Arrangements regarding the hate speech in positive law are regulated in Article 28 paragraph (2) of the Electronic Information and Transaction Law Number 11 of 2008 and Article 45A paragraph (2) of Law Number 19 Year 2016 concerning Amendment to Law Number 11 Year 2008 concerning Information and Electronic Transactions still raises a multi-interpretive understanding or vague norm. This saw the reality in the community that dealing with cases related to hatred on social media is still difficult to overcome. Second, the normalization of criminal sanctions in the ITE Law is a false norm, because the criminal sanctions should be in the Criminal Code - this is because the KTE Law is an administrative law. Islamic law which is guided by the Qur'an and al-Hadith also gives a limit to the meaning of hate speech as an act of tyranny so that ta'dzir sanctions apply to it. Based on this fact in the future, the ITE Law is expected to be able to meet and meet the expectations of the community. This is so that the public knows the limitations in using social media and so that the community knows the actions that can be considered as violating the rules. Also needed is the provision of understanding and understanding related to hatred and elements of SARA.
Perlindungan Hukum terhadap Perempuan dan Anak Korban Kekerasan dalam Rumah Tangga di Kabupaten Sidoarjo
Authors: Chairah Dakwatul
Published: April 2024

Domestic violence (domestic violence) is a gender-based violence that can result in physical, psychological, sexual or mental suffering of women, including threats of similar actions, coercion or arbitrary deprivation of liberty, both in the public and private spheres. Domestic Violence rates in Sidoarjo Regency tend to increase and rank second in the province of East Java after the domestic violence case in Malang Regency. The cause's is economic, socio-cultural problems, the products of legislation that are gender biased and discriminatory, ignorance and community understanding of the contents of the domestic violence law. This condition is really alarming, and because of that, legal protection is needed for women and children who are victims of domestic violence. In addition, it is also necessary to strengthen their knowledge and understanding of the Domestic Violence Act to prevent the spread of domestic violence in the community and increase their awareness of domestic violence so as not to become victims of violence. Efforts to strengthen and understand the people of Sukodono Subdistrict, Sidoarjo Regency on the law are carried out with assistance. As a result, they are able to understand and practice domestic legislation in the settlement of domestic violence cases.
Keikutsertaan Notaris dalam Hal Pemalsuan Identitas Legalisasi Perjanjian Pengikatan Jual Beli
Authors: Affandi Achmad Harris , Indraswati Badzlina Putri , Heniasari Salsabila
Published: April 2024

The authority of a notary in terms of legalization of an underhand agreement, there is an abuse of authority by a notary public to be able to provide legalization directly to everyone who comes before him by entering an identity that is not in accordance with what is stated in the agreement. An underhand deed is a deed made in such a way based on the agreement of the parties and the important thing is that the date in the agreement can be made at any time in accordance with the agreement of the parties, the nature of the agreement is free. The involvement of a notary in legalizing an agreement based on false information, can be subject to Article 55 paragraph (1) of the Criminal Code as an offense for participation. Based on this, it raises several problems, namely the Legalization of the Agreement on the Binding of Purchase by a Notary with Falsification of Identity and the Responsibility of the Notary Criminal in Legalizing the Agreement on the Binding of a Sale and Purchase by a Notary with Falsification of Identity. This research is a legal study, using the statute approach, which is an approach by examining and analyzing legislation, while the types of legal materials, namely Primary Law, Secondary and Tertiary and analyzed by examining the legal issues that occur.

 

Abstrak: Kewenangan notaris dalam hal legalisasi terhadap perjanjian di bawah tangan, terdapat suatu penyalah gunaan kewenangan oleh oknum notaris untuk dapat memberikan legalisasi secara langsung kepada setiap orang yang datang menghadapnya dengan memasukkan identitas yang tidak sesuai dengan yang tercantum dalam perjanjian tersebut. Akta di bawah tangan merupakan akta yang dibuat sedemikian rupa atas dasar kesepakatan para pihak dan yang penting tanggal dalam perjanjian tersebut dapat dibuat kapan saja sesuai dengan kesepakatan para pihak, yang sifat dari perjanjiannya bebas. Keterlibatan notaris dalam legalisasi perjanjian yang didasarkan pada keterangan palsu, dapat dikenai Pasal 55 ayat (1) KUHP tersebut sebagai delik penyertaan. Berdasarkan hal tersebut menimbulkan beberapa masalah yakni Keabsahan Legalisasi Perjanjian Pengikatan Jual Beli oleh Notaris dengan Pemalsuan Identitas serta Pertanggungjawaban Pidana Notaris dalam Legalisasi Perjanjian Pengikatan Jual Beli oleh Notaris dengan Pemalsuan Identitas. Penelitian ini merrupakan suatu penelitian hokuum, dengan menggunakan pendekatan perundang-undangan (statute approach) yakni pendekatan dengan menelaah serta menganalisis peraturan perundang-undangan, sedangkan jenis bahan hukum yakni Bahan Hukuum Primer, Sekunder daan Tersier yang dianalisis dengan menelaah pada iisu hukum yang terjadi.
Tobat bagi Pelaku Tindak Pidana HIraBah dalam Alquran (Kajian Surat Al-Maidah: 33-34)
Authors: Makinuddin Makinuddin
Published: April 2024

QS. al-Ma idah (5): 33-34 specifically describes the crime of hirabah, which in the fatwa of the Indonesian Ulema Council is translated as an act of terrorism. The discussion of this writing is revolved around "What are the pronunciation instructions from al-Maidah (5): 33-34 related to repentance of the perpetrators of the crime hirabah if done after a permanent judge's decision?" After reviewing it using the Qur'anic interpretation rules (linguistic rules, and using descriptive analysis and inductive deductive mindset), it is concluded that: (1) Based on the theory of mantuq (explicit meaning), it is stated that repentance is carried out before being caught, not before a decision still a judge, can abort the sentence hirabah as the majority of writers interpret the Koran, except al-Maraghi who interpret the pronunciation "min qabl an taqdiru" with "except repentance committed by the perpetrator before there is a permanent judge's decision regarding his sentence (in kracht) ", and (2) that repentance committed by the perpetrators of the criminal offense after obtaining a permanent sentence from the judge cannot be accepted based on the theory of mukhum mukhalah (extra contra rio), but if using the theory of mafhum muwafaqah (analogy ), that repentance can abort the sentence hirabah even after there is a permanent decision of the judge (in kracht) based on the theory of mafhum muwafaqah, although not absolutely.

 

Abstrak: QS. al-Maidah (5): 33-34 secara khusus menjelaskan tindak pidana  hirabah, yang di dalam fatwa Majlis Ulama Indonesia diterjemahkan tindak pidana terorisme. Pembahasan dari penulisan ini adalah berkisar “Bagaimana petunjuk lafal dari al-Maidah (5): 33-34 terkait tobat pelaku tindak pidana hirabah jika dilakukan setelah ada keputusan hakim yang tetap?” setelah dikaji dengan menggunakan kaidah tafsir Alquran (kaidah kebahasaan, dan menggunakan analisis deskriptif serta pola pikir deduktif induktif), maka disimpulkan bahwa: (1) Berdasarkan teori mantuq (makna tersurat), maka dinyatakan bahwa tobat yang dilakukan sebelum ditangkap, bukan sebelum ada keputusan tetap hakim, dapat menggugurkan hukuman hirabah sebagaimana pendapat mayoritas penulis tafsir Alquran,  kecuali al-Maraghi yang menafsirkan lafal “min qabl an taqdiru “ dengan “kecuali tobat yang dilakukan pelaku sebelum ada keputusan hakim yang tetap tentang hukumannya (in kracht)”, dan (2) bahwa tobat yang dilakukan pelaku tindak pidana hirabah  setelah mendapatkan keputusan hukuman tetap dari hakim tidak dapat diterima berdasarkan teori mafhum mukhalah (extra contra rio), namun jika menggunakan teori mafhum muwafaqah (analogi), bahwa tobat dapat menggugurkan hukuman hirabah walaupun sesudah ada keputusan tetap hakim (in kracht) berdasarkan teori mafhum muwafaqah walaupun tidak secara mutlak.
Perlindungan Hukum terhadap Anak Korban Kekerasan Seksual di Kota Surabaya
Authors: Muwahid Muwahid
Published: April 2024

Children are the future generation who require protection from violence, whether physical, psychological and sexual violence. This study seeks to uncover such problems; (1) the form of legal protection of children against sexual violence victims in Surabaya; (2) the constraints in the implementation of legal protection of children against sexual violence victims in Surabaya; (3) attempts to maximize the implementation of the legal protection of children against sexual violence victims in Surabaya. The present study is a field research. The primary data obtained through interviews while secondary data obtained from documents, law books and law journals. Data analysis technique using content analysis that is the analysis technique by describing the substance of the existing problems. The results of the research revealed that; Firstly, the form of legal protection of children against sexual violence victims in Surabaya can be seen from the two forms, they are preventive protection and repressive legal protection. Preventive legal protection is done before the sexual crimes, while the protection of repressive laws is done after the acts of sexual violence; secondly, constraints faced in the implementation of legal protection, they are; the victim is introvert, the act of hoodlum, the societies’ individual attitude that is really powerful and a lack of public understanding about children’s rights; Third, ways and means need to be done to maximize the implementation of legal protection is a way to provide understanding to parents and children about the dangers of sexual violence, and the need for strengthening the commitment and systematic and massive cooperation of law enforcement officials.

 

Abstrak: Anak merupakan generasi penerus bangsa yang memerlukan perlindungan dari tindak kekerasan, baik fisik, psikis, dan kekerasan seksual. Dalam konteks inilah tulisan ini hadir, yaitu untuk mengetahui: (1) bentuk perlindungan hukum terhadap anak korban kekerasan seksual di Surabaya; (2) kendala-kendala dalam pelaksanaannya serta upaya untuk memaksimalkan pelaksanaan tersebut. Tulisan ini merupakan hasil penelitian lapangan, di mana data diperoleh melalui dan studi dokumen, yang selanjutnya dianalisa dengan menggunakan content analysis. Hasil penelitian ini menunjukkan; pertama, bentuk perlindungan hukum terhadap anak korban kekerasan seksual di Surabaya bisa dilihat dari dua bentuk, yakni perlindungan preventif yang dilakukan sebelum terjadi kejahatan seksual, dan perlindungan hukum represif yang dilakukan setelah terjadi tindak kekerasan seksual. Kedua, kendala-kendala yang dihadapi antara lain; tertutupnya korban, adanya aksi premanisme, sikap individualitas masyarakat yang cukup kuat dan kurangnya pemahaman masyarakat tentang hak-hak anak; ketiga, upaya yang perlu dilakukan guna memaksimalkan pelaksanaannya adalah cara memberikan pemahaman kepada orang tua dan anak mengenai bahaya kekerasan seksual, dan perlunya penguatan komitmen dan kerjasama yang sistematis dan masif dari aparat penegak hukum.
Peningkatan Angka Kejahatan Pencurian pada Masa Pandemi dalam Tinjauan Kriminologi dan Hukum Pidana Islam
Authors: Mamluchah Laila , Mubarok Nafi'
Published: April 2024

This article discusses the increase of number in theft crimes during the pandemic based on criminology and Islamic criminal law. The condition of the world today that struck by a pandemic gave many impacts on various aspects of life, one of which is the economy. The “stay at home” policy to reduce the spread of the Covid-19 outbreak resulted in many massive layoffs, which in turn weakens the economy's community, which on the other hand increased the theft crime rate. According to criminology, the increase of theft crime during the pandemic is affected by sociological factors. It is because of those with a weak economic capacity who cannot meet their basic needs. Besides, there is also an imbalance in the structure of society, which then results in dysfunction of social construction. Meanwhile, in the study of Islamic criminal law, the reason for the occurrence of criminal acts is due to the inability of humans to maintain their nature and the presence of outside influences. Of course, this also rejects the theory of the existence of a relationship between poverty and crime, because basically, those who in material poverty and material wealth all have the potential to commit crimes so that all depend on their return to their respective nature.
Tinjauan Hukum Islam terhadap Putusan PN Sidoarjo No. 189/Pid.B/2009/PN.Sda Tentang Pemerkosaan Anak di Bawah Umur
Authors: Asyifa Asyifa
Published: April 2024

The purpose of this paper is to find out a review of Islamic criminal law on the Sidoarjo District Court's decision on the crime of rape against minors. The research results obtained explain that the legal basis used by the judge in deciding case No. 189 / Pid.B / 2009 / PN.Sda, using article 81 paragraph 1 of the Child Protection Law No. 23 of 2002. Whereas in practice the Sidoarjo District Court only imposes a 7-year prison sentence and a fine of Rp. 60,000,000, -, a 5-month subsidy based on considerations of burdensome and mitigating matters. In Islamic criminal law, punishment for the perpetrator of the criminal act of rape is equated with adultery. From an Islamic point of view, the sentencing of the Sidoarjo District Court to the perpetrator of rape against minors is deemed unbalanced, when viewed from the perspective of the consequences of the act committed by the perpetrator against the victim, and it does not preclude the perpetrator from repeating the same act, because considered mild enough and could not cause a deterrent effect.
Pengajuan Grasi yang Berulang-ulang dalam Perspektif Hukum Pidana Islam
Authors: Santoso Santoso
Published: April 2024

The paper aims to answer questions about how the procedure for filing clemency under Law No. 22 of 2002, as well as what are the consequences of repeatedly filing clemency by death convicts, and how Islamic law evaluates it. The results of this study concluded that the procedure for filing clemency according to Law no. 22 of 2002 creates more legal certainty for convicts who want to apply for clemency regarding the requirements and the time frame, because it stipulates the timeframe and procedures for completing the clemency request for each agency. Meanwhile, repeated applications for clemency will have an impact on the convict's psyche, because the submission is not necessarily accepted. What is clear is that the legal process will be protracted, then hinders the enforcement of the rule of law. Whereas in Islamic law, clemency is up to the victim's guardian, whether to accept or reject his apology. Whereas in Islamic law, the exclusion postponed is only when the guardian is in a crazy state and is not yet mature, then waiting to recover and mature
Tindak Pidana Penyuapan oleh Korporasi dari Sudut Pandang Teori Identifikasi
Authors: Lie Hendrik , Putri Fadiyah Ramadhani , Tanlilessy Inggrid Florencya
Published: April 2024

Corporations can become legal subjects of criminal acts of corruption and be criminalized under the Law on the Eradication of Corruption in Indonesia. One of the theories that can be used to make corporations as perpetrators of criminal acts of corruption is the identification theory. It sees the actus reus and mens rea of ??the management as a reflection of the actus reus and mens rea of ??the corporation itself so that the actions of the management must be considered the actions of the corporation. As a result, it is interesting to analyze whether a corporation can be held responsible for the bribery crime committed by corporate management to benefit the corporation from the identification theory? This research is a normative juridical study using a statutory approach and a conceptual approach, to conclude that a corporation can be convicted if the corporation has fulfilled the elements of the criminal act of bribery, and has actus reus and mens rea in committing the act. Based on these results, the Corruption Eradication Commission should emphasize the form of criminal responsibility by corporations and managers for corporate actions and management in carrying out corruption cases committed in the interest of the corporation.
Penyelenggaraan Perlindungan Anak dalam Perda Kota Surabaya No. 6 Tahun 2011 Perspektif Maqasid Al-Shari’ah
Authors: Ulya Zakiyatul
Published: April 2024

Regional Regulation (Perda) of Surabaya No. 6 of 2011 concerning the Implementation of Child Protection. It contains provisions regarding children and their obligations, the implementation of child protection, and the obligations of parents, families, communities, and local governments towards them including child labor in informal sector work, community, and private sector participation, Child-Friendly City Task Force, prohibition, guidance and supervision as well as administrative, investigative, and criminal sanctions. The implementation of Regional Regulation related to child protection in Surabaya City, by Regulation No. 6 of 2011 is in accordance with maqasid al-shari'ah based on the five main elements which are the objectives of the legal designation, even though in the regional regulation, hifz al-din and hifz al-mal get a smaller portion of the setting and a different degree of clarity than the other three components. Therefore, there must be a balanced aspect of five legal objectives in the regional regulation of child protection to work optimally. Apart from that, there should also be clearer regulations, especially regarding the protection of religion and children's property so as not to create different interpretations from policy implementers and other interested parties.
Penjualan Tuak di Paciran Lamongan Perspektif Hukum Pidana Islam
Authors: Musyafaah Nur Lailatul , Faiza Nabilatul
Published: April 2024

The article discusses the sale of tuak drinks in Paciran Lamongan from Islamic criminal law's perspective. This research is field research. Data comes from observations, interviews, and documentation. Data will be analyzed using a descriptive qualitative method with a deductive mindset. Based on laboratory test results on 800ml of tuak drink, it contains alcohol of 8.5%. Based on Islamic law, it considered as khamr. The Regional Regulation of Lamongan Regency, Number 03 of 2004 concerning Supervision and Control of the Distribution of Liquor, alcohol of 8.5% categorized as level B liquor and it's distribution is prohibited. Those who violate the rule, punishable with imprisonment for a maximum of 3 months or a maximum fine of Rp. 50,000,000- (fifty million rupiah). According to Islamic law’s perspective, the penalty given to the seller of liquor is ?add's penalty of 40 to 80 whips. In case of the punishment of ?add cannot be carried out, the criminal can be punished by ta'z?r referring to the applicable laws or regulations.
Analisis Syar’iyyah Ijtihad Umar Bin Khattab terhadap Hadd Sariqah
Authors: Hisan Khairatun , Santoso Arif Dian
Published: April 2024

Umar bin Khattab acknowledged as a reformer in Islamic Criminal Law. He considered as a source of authority for liberal Muslim thinkers over his thoughts. His ideal of ijtihad differ from what being understood in the Qur'an and Sunnah which raises the pros and cons among the companions. Even liberal thinkers consider Caliph Umar bin Khattab has a hermeneutic consciousness and an actual rationalist figure. One example of his ijtihad is declining the implementation of hadd punishment of cutting off hands for thieves under certain circumstances. The research aims to re-examine of Umar bin Khattab ijtihad, especially on hadd of sariqah. This research is a qualitative literature review, where data come from the Quran, Hadith, and references which further analyzes by descriptive-analytical methods. The result of the study showed that inapplicability of sariqah punishment due to the emergencies, namely famine. Also, there was doubt in the crime that caused Umar to abhor the punishment. Based on these reasons, then Umar's ijtihad is allowed according to the Shari'ah and not a form of Shari'ah deconstruction.
Penyimpanan Mata Uang Asing Palsu dan Penggunaan Uang Hasil Transfer Dana yang Bukan Miliknya
Authors: Sutantyo Priscillia Tiffany
Published: April 2024

Abstract: The paper aims to analyze whether the conducts of S, who has the counterfeit foreign currency with the intention of circulating the money and the use of the transferred funds that do not belong to him are under the Criminal Code and the Funds Transfer Law. The results of the study showed that S infringed the Article 245 of the Criminal Code which proved that S kept counterfeit foreign currency with the intent of distributing the money through his actions of keeping 10 (ten) pieces of 100 (one hundred) United States dollars which he obtained from A, a friend of S at Bima's Terminal. S also had violated Article 85 of the Funds Transfer Law through his act of utilizing the transferred money that did not belong to him. S knew that the money transferred to his account was not from the platinum metal buyer, based on a telephone's statement between the platinum metal buyer and S, who then took the money from his account and used the money. Therefore, S should be liable for his criminal actions.
Studi Komparatif Kewenangan Pengadilan TIPIKOR dan Wilayah Mazalim
Authors: Huda Ainul
Published: April 2024

The paper aims to determine and compare the authority of the TIPIKOR court and Wilayah Mazalim Courts in the Islamic judicial system. The results of the study showed the similarity and differences in both judicial systems. The similarity is that they were established specifically to handle and resolve corruption cases. It is their authority, the TIPIKOR Court and Wilayah Mazalim, to settle and solve corruption cases. The differences are that the TIPIKOR Court has a lower level of institutional position than Wilayah Mazalim. It is because of Wilayah Mazalim is equated with the Supreme Court of today.  Also, the TIPIKOR Court has a narrower scope of authority than Wilayah Mazalim. The TIPIKOR Court only wields power on corruption cases, whereas Wilayah Mazalim court, apart from handling and settling corruption cases, is also authorized to resolve other cases such as criminal acts.
Telaah Pemikiran Muhaddithin dan Usuliyyin terhadap Hadith al-Jinayah sebagai Hujjah dalam Memutuskan Hukum Pidana Islam
Authors: Al Hadi Abu Azam
Published: April 2024

Al-hadith positions as the foundation of Islamic law does not cover all kinds and types of al-hadith, even though the Qur'an has shown its validity. The Ulama attitude toward al hadits is influenced by several factors. Some take all hadith as the basis for Islamic law (including determining the provisions of Islamic jinayah/criminal punishments), and some do not. Some ulama are critical of al-hadith as a rationale of the Islamic shari'ah argument, some are merely positive, and some reject a part of al-hadith as a basis. According to Ulama Muhaddistsun and Ushuliyyun, al-hadith al-maqbullah must be based on various criteria. It must be narrated by a narrator who is fair and dabit, there is no 'illah al-qadihah, and the narration is not experiencing shudud. Muhaddithun took the attitude to accept all hadith, whether authentic, hasan or da'if, all to be practised. On the other hand, the ushuliyyun take the basis of istinbat only on the proposition of hadith shahih or hasan as ma'mul bih. This attitude extends to al-hadith ghayr al-mutawatirah, which provides benefits for yaqin. According to them, if the hadith is ghayru ma'mul bih, it is rejected.
Implementasi Fiqh Jinayah dalam Qanun Nanggroe Aceh Darussalam
Authors: Mubarok Nafi'
Published: April 2024

This article describes the implementation of fiqh jinayah in the national criminal law system. The discussion focused on: (1) the existence of fiqh jinayah in Indonesia's national criminal law and (2) the implementation of fiqh jinayah in Indonesia in the Qanun of Nanggroe Aceh Darussalam. At the end of the article, it is concluded that the study of the implementation of fiqh jinayah in the Qanun NAD can be accomplished by examining the existence and implementation of several aspects. In the aspect of historical existence, fiqh jinayah has been an entity of NAD people's life for a long time, and juridically, fiqh jinayah is one of the sources of material law for the formation and renewal of national criminal law, in addition to legal recognition and regulation of fiqh jinayah. While in the implementation aspect, the application of fiqh jinayah philosophically assumes values ​​that exist and adapt to the conditions of the Indonesian legal system. Sociologically some situations support the implementation of fiqh jinayah in the NAD Qanun; in addition, the application of fiqh jinayah has proven to be effective. as an effort to protect the community in minimizing the occurrence of crime.
Peran Komisi Pemberantasan Korupsi Dan Kepolisian dalam Pemberantasan Tindak Pidana Korupsi di Indonesia dalam Perspektif Teori Sistem Hukum
Authors: Muwahid Muwahid , Hayya Akiya Qidam , Putri Tiara Intan
Published: April 2024

This article discusses the role of the Corruption Eradication Commission and the Police in eradicating corruption in Indonesia from the perspective of legal system theory. This research is normative legal research, using legislation, conceptual, and case approaches. Legal materials are obtained from laws and regulations, law books, legal journals, and related articles, then analyzed using deductive thinking patterns, namely drawing general things to draw a specific conclusion. The study results indicate that the Corruption Eradication Commission and the Police are included in sub-systems of criminal justice, both of which have the authority to enforce the law in the field of corruption per the authorities stipulated in the legislation. From the legal system theory perspective, the enforcement of criminal acts of corruption must be seen from three aspects, namely the laws and regulations, law enforcement officers, and the legal culture of the community. From these three aspects, the Corruption Eradication Commission and the Police have a very decisive role in law enforcement for corruption under their respective authorities.
Kepastian Hukum, Kemanfaatan Dan Keadilan Pemidanaan Kejahatan Asal Usul Perkawinan
Authors: Fitrihabi Nuraid , Rafikah Rafikah , Kurniawan Ardian
Published: April 2024

The purpose of the law includes three elements: certainty, expediency, and justice. All three must be regarded asthe foundation for which the law is created not only of juridical value but also of philosophical and sociological value. This study aims to examine the decision of the Jambi District Court No. 387/Pid.B/2021/PN.Jmb which imposes imprisonment on polygamous perpetrators without the wife's and court's permission by considering the principles of legal certainty, benefit and justice. The research is normative legal research, with the object of study is legal principles accompanied by a case approach. The decision implies a conflict between legal certainty, the principle of justice, and the usefulness of the law, especially concerning the position of the convict. Therefore, justice in the court decision is considered partial, retributive justice, which is regarded as no longer relevant. Ideally, the punishment of the accused is accompanied by restitution to the victim by way of restorative justice, which is not only concerned with punishing and deterring the perpetrators but also about protecting the families as victims.