Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora
Journal Title : Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora Initials : Mandub Frequency : Maret, Juni, September dan Desember Print ISSN : 2988-2281 Online ISSN : 2988-2273 Editor in Chief : - DOI: 10.59059 Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora, dengan e-ISSN : 2988-2273, p-ISSN : 2988-2281. Jurnal ini adalah jurnal studi ilmu-ilmu Politik ,Sosial,Hukum dan Humaniora yang bersifat peer-review dan terbuka. Bidang kajian dalam jurnal ini termasuk ilmu politik, sosial ,hukum, dan humaniora. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat. Jurnal ini terbit 1 tahun 4 kali (Maret, Juni, September dan Desember). Indexed by : Journal Sponsors and Partners :
The purpose of this study is to explore and understand the various rules of Islamic jurisprudence related to divorce, and how to apply these rules in problems related to divorce. This study uses a library research approach. The results of the study indicate that divorce should be imposed based on valid reasons and lead to the need to separate. Imposing divorce without a clear reason can result in sin for the husband. In addition, the valid requirements for divorce are that the husband who makes it must be mature and of sound mind, so that he can be responsible for the decision. This study examines four main rules of Islamic jurisprudence related to the law of divorce in Islam, namely: first, divorce cannot be separated and falls according to the number mentioned, second, the place where the divorce falls is where the marriage bond occurs, third, the law of divorce follows the nature that is coupled with the number so that the number of divorces is in accordance with what is mentioned, and fourth, even though divorce is said to be related to the past, the law of its fall still applies when the words are pronounced as well as examples and exceptions. This study uses a literature study method with analysis of the Qur'an, Hadith, and the opinions of classical and contemporary scholars. The results of the study confirm that these rules are very important in determining the validity, time of divorce, and its legal implications, thus providing legal certainty for married couples in Islamic households. The purpose of this study is to explore and understand the various Islamic jurisprudence rules related to divorce, as well as how to apply these rules in problems related to divorce. This study also aims to analyze the relevance and legal implications of these rules in the practice of Islamic family law, in order to provide a comprehensive understanding and legal certainty for Muslims in living their household life.
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Peran UNIFIL dalam Menjaga Stabilitas Kawasan Perbatasan di Wilayah Garis Biru Lebanon-Israel
The United Nations Security Council established the United Nations Interim Force in Lebanon (UNIFIL) at the request of the Lebanese Government due to Israeli aggression in 1978 in accordance to mandate of Resolutions 425 and 426. In the period 2024–2025, UNIFIL’s effectiveness is again in the spotlight as escalation of the conflict increases, including the violation of the 60-day ceasefire by Israel, which has caused new tensions in the border area. This article examines the mechanisms, roles and effectiveness of UNIFIL as an international organization in efforts to realize peace in the Blue Line Region. Using the three realistic approaches to peace with the use of qualitative approach based on the latest articles, journals, and news articles. The study shows that limited geopolitical pressure and inability to directly engage in the conflict have hampered UNIFIL's performance, although its presence continues to play a role in preventing large-scale conflict. So the UNSC emphasizes the fulfillment of the 1701 mandate through communication and negotiation between UNIFIL and Lebanon-Israel for peace on both sides.
Integrasi Prinsip Syariah dalam Pencegahan Diabetes Mellitus
This study aims to examine diabetes mellitus from an Islamic spiritual perspective, as well as how the concept of a harmonious family and the teachings of the Qur'an can be implemented as part of healing and prevention efforts. This study uses a qualitative method based on libraries by examining primary and secondary sources in the form of the Qur'an, hadith, health literature, and the thoughts of scholars. The results of the study indicate that diabetes mellitus is a metabolic disorder characterized by increased blood glucose levels due to insulin disorders. From an Islamic perspective, one of the causes of this disease is excessive stress, an unbalanced diet, and a lack of self-control, all of which are forms of the physical and spiritual world. The Qur'an provides a solution through a spiritual approach such as dhikr, fasting, and honey consumption. In the context of Islamic law, maintaining health is part of maqāṣid al-syarī‘ah, especially in maintaining the soul (ḥifẓ al-nafs) and maintaining religion (ḥifẓ al-dīn), because a healthy body is needed to carry out worship perfectly. Therefore, efforts to cure and prevent diabetes through a spiritual approach are not only medical and psychological, but also a sharia obligation that has worship value. This study confirms that a holistic approach between medical, spiritual, and Islamic law can provide a positive contribution in dealing with chronic diseases such as diabetes mellitus.
Pembatalan Hibah Oleh Orang Tua terhadap Anak Berdasarkan
This article discusses the Cancellation of Grants by Parents to Children Based on a case study of decision Number 100/Pdt.G/2024/PN Skt., this study analyzes the legal consequences of the cancellation of grants made between parents and their biological children. A grant is a type of unilateral agreement that is free and basically cannot be canceled, except under certain conditions as regulated in Article 1688 of the Civil Code and Article 212 of the Compilation of Islamic Law. If related to the problems in the decision, then Ms. Mar Intan gave a grant to her child, R Akun Rumawas, through a valid notary deed. However, the problem arose when there was an alleged intervention by a third party, namely (Mrs. Handariningsih) who influenced the free will of the grantor, causing the agreement to be flawed. The normative legal method and qualitative approach were used in this study. Court decisions were evaluated using qualitative methods. This study shows that intervention by a third party that causes a discrepancy in will can be a reason for the court to cancel a grant, even though the grant was made according to procedure. This result emphasizes how important it is to maintain the will of freedom in providing grants in accordance with legal regulations in every legal act of grants to ensure justice and legal stability so that it can provide certainty, justice and legal benefits for the community.
Analisis Efektifitas Penerapan Hak Upah Bagi Warga Binaan di Lapas Kelas I dan IIa Bandar Lampung
Based on research conducted using normative and empirical juridical methods at Class I and IIA Correctional Institutions in Bandar Lampung, the implementation of wage rights for inmates participating in independence development programs as mandated by Law No. 22 of 2022 and Government Regulation No. 32 of 1999 shows that the wage distribution mechanism (50% incentive for inmates, 35% for development funds, and 15% to the state treasury) has been executed through collective labor agreements and an integrated bookkeeping system. The results indicate that over 70% of inmates actively participate in productive activities such as carpentry and handicrafts, with an average wage increase of 15% within one year due to innovations in waste-based craft products. However, productivity varies between activities (85% of target in woodworking versus 60% in sewing) due to raw material constraints, and wage disbursement is delayed by an average of 10 working days because of manual verification procedures and report synchronization. To optimize this system, it is recommended to increase the number of coaching and administrative staff, improve production facilities, digitize bookkeeping and inmate savings accounts, and diversify programs according to local market needs.
Strategi Komunikasi Politik Fadjroel Rachman dalam Menyampaikan Kebijakan Pemerintah Kepada Publik Saat Pandemi Covid-19
This study aims to analyze the political communication strategies employed by Fadjroel Rachman as the Special Staff to the President for Communication in disseminating government policies during the COVID-19 pandemic. Using a descriptive qualitative approach through library research, this study explores various documents, academic articles, online news, and official government sources. The findings reveal that Fadjroel implemented adaptive and collaborative communication strategies by using war metaphors as symbolic crisis communication and by applying transparent and dialogical approaches in public messaging. Furthermore, the integration of social media and conventional media, along with collaboration with community leaders, strengthened the dissemination of information and increased the legitimacy of government policies. These findings suggest that responsive and empathetic political communication plays a crucial role in public crisis management. This research provides practical implications for policymakers in communication strategy and offers potential for further exploration in the field of political communication during crises.
Tuanku Nan Renceh : Pengaruh dan Warisan Nya dalam Sejarah Minangkabau
Tuanku Nan Renceh is an important figure in the history of Islam in Minangkabau who is known as a pioneer of the religious reform movement through the Padri Movement. Born into a strong matrilineal customary environment, he became a symbol of the radical transformation of Islamic thought in Indonesia in the 19th century. Starting from traditional education in the surau to being inspired by the Wahabi teachings brought by three pilgrims from Mecca, Tuanku Nan Renceh became the driving force behind the purification of Islam that rejected all forms of heresy, superstition, and customary practices that were considered contrary to Islamic law. His leadership was not only spiritual but also military in its resistance against customary groups and Dutch colonial power. His intellectual legacy influenced modern reformist movements such as Muhammadiyah and gave birth to local philosophies such as "Adat Basandi Syarak, Syarak Basandi Kitabullah". Although his preaching method is considered controversial because it prioritizes violence and confrontation, Tuanku Nan Renceh's role remains significant in the dialectic of Islam and Minangkabau customs. Historical narratives, popular culture, and the collective memory of society immortalize his figure as a fighter, reformer, and symbol of the conflict between Islamic orthodoxy and local wisdom. This article will discuss again how Tuanku Nan Renceh's role in Spreading Influence played a major role in Minangkabau history, and invite readers to recognize, understand, and respond to the valuable legacy left behind.
Analisis Pertimbangan Hakim dalam Penjatuhan Pidana terhadap Residivis Tindak Pidana Pembunuhan
Criminal law aims to maintain order and justice in society through the criminalization of criminals. One form of serious crime is the crime of murder, which is expressly regulated in the Criminal Code. This crime is a serious concern given the high impact it causes, especially when it is committed repeatedly or by a rwsidivis. The recidivism case of murder contained in Decision Number 7/Pid.B/2023/Pn Kla shows the complexity in the criminal sentencing process. The defendant had previously been convicted in a murder case, but returned to commit a similar crime shortly after his sentence. The prosecutor demanded a sentence of 15 years in prison, and the judge ruled in accordance with article 338 of the Criminal Code without applying the criminal burden as stipulated in the provisions on recidivism. This raises questions related to the basis of judge's consideration and its relevance to the purpose of criminal law, especially in providing a deterrent and justice effect for the community. The problem in this study is what is the basis for the judge's consideration in imposing a criminal sentence on a recidivist for the crime of murder, and whether the verdict has fulfilled the purpose of sentencing a recidivist perpetrator of the crime of murder.
Pengaturan Dampak Risiko Kecerdasan Artifisial dalam Tinjauan Perbandingan EU AI Act 2024 dan Hukum Positif di Indonesia
Currently, the digital era has penetrated most sectors of humanity, where one of the people who are penetrated is the Indonesian people. Data shows that internet users in Indonesia have reached 221 million, equivalent to 79.5 percent of Indonesia's total population. Indonesia is one of the countries with the largest number of internet users in the world. Some of them are the use of Artificial Intelligence in driving, in digital marketplace services, and in responding to consumer complaints. However, these things are not entirely free from the potential adverse risks that can befall consumers. So far, the Indonesian Positive Law regulation has not yet reached the regulation of the impact of potential adverse risks to consumers who use products containing Artificial Intelligence. On the other hand, the European Union has already regulated the impact of adverse risks in the use of Artificial Intelligence. Therefore, this research will try to adopt the norm from the European Union and initiate it as an answer to the regulation of the impact of risks in the utilization of Artificial Intelligence in the perspective of Indonesian Law.
Strategi Anggota DPRD Provinsi NTT Dalam Memenangkan Pemilu Legislatuf 2024 (Kemenangan Simprosa Rianasari Gandut di Dapil 4 Kabupaten Manggarai)
This study analyzes the winning strategy of Simprosa Rianasari Gandut in the 2024-2029 Legislative Election in Manggarai Regency Dapil 4. Although Simprosa Rianasari Gandut is a newcomer to political contestation, she managed to get the most votes and beat the incumbent from the same party. The study employs a qualitative approach with descriptive analysis, emphasizing interviews, literature review, and direct observation of Simprosa Rianasari Gandut’s political activities. This research uses a qualitative method with a descriptive approach to explore the strategies applied, including push marketing (direct and face-to-face campaigns with the public), pull marketing (utilization of print and social media to build a political image), and pass marketing (involving traditional leaders and social networks to strengthen support). In addition, this research also identifies the supporting and inhibiting factors for its success, such as the support of family, success teams, political parties, as well as the challenges of patriarchal culture. The results show that a direct communication-based approach, active involvement in the community, and an effective political marketing strategy were key to Simprosa Rianasari Gandut’s victory. These findings provide insights into the dynamics of electoral politics, especially for female legislative candidates who want to compete in a political system that is still dominated by men.
Optimalisasi Smart Public Management di Kantor Wali Nagari Pasie Laweh Lubuk Alung untuk Pembangunan Berkelanjutan
The implementation of Smart Public Management (SPM) in village governance aims to enhance efficiency, transparency, and public participation in administrative services. This study analyzes the optimization strategy of SPM at the Pasie Laweh Lubuk Alung Village Head Office to support sustainable development. A qualitative descriptive approach was employed, using in-depth interviews, observations, documentation, and questionnaires with village officials and service users. The findings reveal several challenges in implementing SPM, including limited technological infrastructure, low digital literacy among officials, and limited community participation in tech-based services. To address these issues, strategies such as improving human resource capacity through digital training, strengthening infrastructure, and promoting the benefits of digital services to the public are necessary. Collaboration with educational institutions and the private sector is also essential to support the development of an optimal digital system. With the right strategies, the Pasie Laweh Lubuk Alung Village Head Office is expected to improve the effectiveness of digital public services, enhance governance transparency, and foster active community involvement. Optimizing Smart Public Management can serve as a model for other village governments in building a modern, efficient, and sustainable administrative system.
Praktik Money Politik dalam Pemilihan Legislatif 2024 Terhadap Demokrasi Lokal Masyarakat Kabupaten Alor
This study aims to examine the practice of money politics in the 2024 Legislative Elections in Alor Regency and its impact on the quality of democracy in the region. Money politics is a crucial issue in the democratic process because it can undermine election integrity, reduce the quality of public political participation, and create injustice in political representation. This practice has the potential to shift voter orientation, from initially choosing based on the vision, mission, and competence of legislative candidates to being more influenced by material offers. The approach used in this study was qualitative, with data collection techniques through in-depth interviews, direct field observations, and review of relevant documents. In this study, the main participants consisted of voters, legislative candidates, and local political observers. The results of the study indicate that the practice of money politics is still widespread, especially in the run-up to election day. This practice involves giving cash or goods to voters in exchange for votes. The research findings indicate that giving money or goods as compensation leads to a decline in the quality of public political participation. Many voters vote based on the material benefits they receive, rather than the competence or track record of legislative candidates. This has resulted in a decline in public political awareness, with those prioritizing short-term gains over the long-term contributions of legislative candidates to the progress of their regions. Based on the research findings, it can be concluded that money politics in the 2024 Legislative Election in Alor Regency negatively impacts local democracy. This practice undermines public trust in the political process, creates dependency between voters and political elites, and undermines democratic values that should be upheld. Therefore, this study recommends strengthening political education in the community and stricter law enforcement against perpetrators of money politics.
Legal Implications of Regulatory Voids in Evidence Management and Efforts to Strengthen Sanctions for Negligent Officers in Preserving Evidence
This study examines the role and challenges of evidence management in the criminal justice system in Indonesia, focusing on issues such as damage, loss, and inconsistency of evidence, which can significantly impact the evidentiary process and the outcome of criminal trials. Effective evidence management is crucial in ensuring the integrity of the legal process and upholding justice. The study employs a normative legal approach using statutory and conceptual methods to analyze the legal provisions that govern the confiscation, storage, and handling of evidence, specifically referring to Article 39 of the Indonesian Criminal Procedure Code. This article sets forth the procedures for evidence confiscation by law enforcement authorities and outlines their responsibilities in maintaining and presenting the evidence in court. A major concern in the management of evidence is the potential damage or loss of evidence during the investigation or trial stages. Such issues undermine the validity of the evidence and can lead to unjust verdicts, affecting the principle of fairness in the criminal justice process. Additionally, inconsistencies in how evidence is handled, including mislabeling or failure to maintain chain-of-custody records, can raise doubts about the authenticity of the evidence and erode public trust in the legal system. This study highlights how these problems directly impact the judicial outcomes and the overall credibility of the justice system in Indonesia. Furthermore, this study discusses the challenges faced by law enforcement agencies and legal professionals in returning evidence that does not conform to its original condition. The return of damaged or improperly handled evidence not only violates the principle of justice but also affects the accused's right to a fair trial.
Law Enforcement in Eradicating Corruption in Indonesia by Examining the Performance of Anti-Corruption Institutions and Obstacles in Realizing Clean Government
Corruption is a severe issue that threatens good government and impedes national growth. Various legislative tools, including Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Criminal Acts of Corruption, have been used in Indonesia to combat corruption, as well as the establishment of special institutions such as the Corruption Eradication Commission (KPK). Although regulations and institutions for eradicating corruption are available, the implementation of the law in the field still faces various obstacles, including weak coordination between law enforcers, political intervention, and the effectiveness of sanctions imposed on perpetrators of corruption. The study seeks to analyze the legal framework governing corruption eradication in Indonesia and identify obstacles in its implementation. This study also looks at legal tactics that can be used to improve the efficacy of anti-corruption efforts. This study takes a normative legal approach and concentrates on analyzing pertinent laws and regulations, court records, and scholarly works. This study's data came from secondary sources including books, scientific journals, and reports from anti-corruption organizations, as well as primary sources like relevant laws and regulations. It is anticipated that this investigation will provide a deeper insight of the effectiveness of the law in eradicating corruption in Indonesia and to find aspects that need to be improved in the existing legal system. Thus, this study can provide academic contributions and practical recommendations for policymakers to strengthen the eradication of corruption in Indonesia. In addition to analyzing the legal framework and challenges, this study also explores the role of public awareness and participation in the fight against corruption in Indonesia. Public involvement, such as through the reporting of corrupt activities and participation in anti-corruption campaigns, can significantly contribute to strengthening anti-corruption efforts.
Land Law Reform in Ensuring Legality and Certainty of Ownership Rights for Houses and Buildings
Ownership rights to houses and buildings are the highest form of ownership recognized in the land law system in Indonesia. The legality of this ownership right is vital to ensure legal certainty for the owner and prevent potential disputes that may arise due to unclear ownership status. The study analyzes the legal aspects of ownership rights to houses and buildings, including the legal basis, acquisition procedures, and legal protection mechanisms available to the owner. In addition, this study also examines various problems that often arise in the ownership of property rights, such as overlapping certificates, ownership conflicts, and legal implications in the process of transferring rights. The analysis uses a normative legal method with a conceptual and statutory approach. The Basic Agrarian Law (UUPA), Government Regulations, and Regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) are among the regulations that control ownership rights to land and buildings. The statutory approach is carried out by examining these regulations. Meanwhile, the conceptual approach is applied to examine the concept of ownership in land law and the underlying legal principles. The data used in this study are sourced from literature studies, including legal literature, academic journals, and official documents related to land regulations in Indonesia. The results of this study are expected to contribute to a more comprehensive understanding of the legality of ownership rights to houses and buildings, as well as being a reference for landowners, legal practitioners, and the government in managing the legal aspects of land and building ownership. With firmer legal certainty, it is hoped that a more transparent and equitable land system can be created for all interested parties.
The Urgency of Strengthening Regulation and Implementation of Mental Health Protection in Handling Sexual Violence in the Criminal Justice System
In the criminal justice system, legal protection for mental health is an important problem, particularly when sexual abuse is involved. Sexual assault victims often experience prolonged psychological trauma, while perpetrators may also have mental health conditions that need to be considered in the judicial process. The criminal justice system in Indonesia has not fully provided adequate protection for mental health aspects for both victims and perpetrators. In this context, it is important to examine the regulations governing mental health protection in the criminal justice system and how they are applied in the practice of law. This study employs a normative methodology that combines a conceptual and statutory approach. Implementing the statute approach is done by analyzing various regulations related to mental health protection in the criminal justice system, both in national law and international legal instruments. Meanwhile, the conceptual approach is used to examine the theory of legal protection, the theory of mental health in criminal law, and the restorative justice approach as an alternative in handling cases of sexual violence. The data were obtained through a literature study by reviewing laws and regulations, scientific journals, law books, and relevant official documents. Through this study, it is expected to find a normative mapping regarding legal protection for mental health in the criminal justice system, especially for victims and perpetrators of sexual abuse. This study also intends to identify gaps in existing rules and make ideas for revisions to promote legal protection for mental health in the criminal justice system in Indonesia.
Strategi Komunikasi Politik Pasangan Christian Widodo – Serena Francis dalam Pemilihan Walikota Kupang pada Pilkada 2024
This study explains the POLITICAL COMMUNICATION STRATEGY OF THE CHRISTIAN WIDODO – SERENA FRANCIS PAIR IN THE MAYORAL ELECTION OF KUPANG IN THE 2024 REGIONAL ELECTION. This study aims to determine the political strategy of the Christian Widodo – Serena Francis pair to win the 2024 regional election in Maulafa sub-district. The approach in this study is Qualitative. The results of the study show that the candidate pair for Mayor and Deputy Mayor of Kupang, dr. Christian Widodo and Serena Francis (CS'an), led the vote count in the 2024-2029 Kupang City Regional Head Election (Pilkada). Based on the provisional results of the C1 Plano tabulation recapitulation conducted by the CS-an Center, which was collected from 552 Polling Stations (TPS), this pair won 36.29% of the vote or 68,853 votes, significantly ahead of their closest competitor, Jefri-Adinda, who won 26.4% of the vote or 50,192 votes. CS'an dominated in five of the six sub-districts in Kupang City, namely Kota Lama, Kelapa Lima, Maulafa, and Oebobo. It can be concluded that Christian Widodo and Serena Francis' political strategies show consistency in building narratives that are relevant to the needs of the community, especially in the areas of local economic empowerment and public service reform. They optimize social media and digital communication to reach young voters, strengthen public engagement, and shape their image as adaptive and modern leaders. Both build strategic coalitions with civil society groups and youth organizations that expand their electoral reach, especially in urban and semi-urban areas. Serena Francis specifically raises the issue of women's representation and political inclusivity, which has succeeded in attracting the attention of women and marginalized groups.
Penegakan Hukum terhadap Pelaku Tindak Pidana Penipuan
The crime of fraud is a form of crime that not only causes material loss, but also has an impact on the intangible losses experienced by the victim, such as loss of sense of security, trust, and social stability. Fraud also has the potential to disrupt public order and reduce public trust in the legal system. Therefore, law enforcement against this criminal act is an important aspect in maintaining legal certainty and a sense of justice. This study aims to analyze the form of law enforcement against perpetrators of fraud crimes by focusing on the factors that cause perpetrators to commit fraud and the judge's considerations in imposing judgments. The case studied refers to Decision Number: 99/Pid.B/2024/PN.Tjk. The research method uses a normative juridical approach, by examining laws and regulations, legal doctrines, and case studies through the analysis of court decisions. The results of the study show that the legal provisions regarding fraud have been regulated in Article 378 of the Criminal Code (KUHP). However, implementation in the field is often constrained by limited evidence, the increasingly diverse modus operandi of perpetrators, and low legal awareness of the public. The judge in considering the verdict not only pays attention to the juridical aspect, but also takes into account the social and psychological impact on the victim. As a recommendation, this study emphasizes the importance of increasing coordination between law enforcement officials to strengthen the investigation and evidence process. The use of digital technology, especially in the collection of electronic evidence, is a strategic step in dealing with modern fraud modes. In addition, legal education to the public needs to be improved to foster legal awareness and prevent fraud crimes in the future.
Kebijakan Formulasi Tindak Pidana Agama dalam KUHP Nasional
Criminal law formulation policy is the initial stage in criminal law politics that establishes legal norms formulated in legislation, including religious offenses. In the National Criminal Code enacted through Law No. 1 Year 2023, this policy is reflected in Article 300 - Article 305 of the National Criminal Code which regulates criminal offenses against religion, belief, and worship. In this case, it is important to analyze how the formulation policy on religious criminal offenses in the National Criminal Code and what are the juridical implications of the formulation policy on religious criminal offenses in the National Criminal Code. The research method used is normative juridical and supported by empirical juridical method. The data used are primary data, secondary data, and tertiary data. The data obtained is then analyzed qualitatively. Based on the results of the research, it is known that in the National Criminal Code passed through Law No. 1 of 2023, In Article 300 to Article 305 of the National Criminal Code, the state attempts to reorganize religious offenses by clarifying the elements of the act and the intention of the perpetrator, thus preventing multiple interpretations and abuse of the law. This formulation also expands the reach of legal protection not only to official religions, but also to public order and diversity of beliefs in society. However, in substance, the juridical implications of the policy formulation of religious criminal articles in the National Criminal Code include higher legal certainty, protection of citizens' constitutional rights, and changes in the orientation of punishment from repressive to more educative and preventive.
Peran Satgas PPKS terhadap Pelecehan Seksual di Perguruan Tinggi dan Upaya Pencegahanya
This research is motivated by the increasing cases of sexual harassment in the university environment which has a serious impact on the psychological condition of victims and the academic climate as a whole. Universities that are supposed to be safe spaces for learning and development are often places where serious violations of human dignity occur. The establishment of the Task Force for the Prevention and Handling of Sexual Violence (Satgas PPKS) is an important step by the government to provide protection, assistance, and a more structured complaint mechanism for victims of sexual violence. This study aims to examine the criminal acts of sexual harassment in universities as well as analyze the role and countermeasures carried out by the PPKS Task Force in handling these cases. The research methods used are normative juridical approaches and empirical juridical approaches. The normative approach is carried out by analyzing relevant laws and regulations, such as the Sexual Violence Crime Law and university regulations related to the prevention of sexual violence. Meanwhile, an empirical approach is carried out through observation and analysis of the implementation of the tasks of the PPKS Task Force in the campus environment. The results of the study show that the PPKS Task Force plays a significant role in providing psychosocial support for victims, conducting socialization related to the prevention of sexual violence, and enforcing anti-sexual violence policies in universities. In addition, the PPKS Task Force also implements various programs such as gender awareness training, legal assistance, and building a complaint system that is more accessible to students. The implications of this study confirm the importance of education and increasing awareness among the academic community regarding the issue of sexual harassment.
Esensial Imparsialitas dalam Penyelesaian Sengketa Hubungan Industrial
In the modern industrialization era, industrial relations disputes are increasing in both quantity and complexity. This condition demands a fast, precise, fair, and efficient dispute resolution mechanism. In accordance with the provisions of laws and regulations, mandatory settlement efforts must first be pursued through bipartite or tripartite negotiations through deliberation to reach a consensus, known as Alternative Dispute Resolution (ADR). ADR is a dispute resolution mechanism outside the court that is oriented towards a win-win solution, namely an agreement that accommodates the interests of all parties. However, in practice, the implementation of mediation in Industrial Relations Disputes (PHI) still faces various obstacles, particularly related to the lack of the principle of impartiality of the mediator. This study uses a normative juridical method with a statutory approach and a conceptual approach. The results of the study indicate that the PHI Mediator is an administrative position attached to the state civil apparatus, not an independent profession. The absence of strict sanctions for violations of the code of ethics, limited mediation time, and the absence of conflict of interest regulations in the Minister of Manpower Regulation No. Law No. 17 of 2014 makes the mediator vulnerable to intervention by certain parties. This situation has implications for the emergence of recommendations that are potentially non-objective and detrimental to one of the parties. Therefore, the principle of impartiality is a fundamental element in Industrial Relations (PHI) mediation to ensure a fair, balanced, and substantively just dispute resolution.
Dinamika Penegakan Hukum Pertambangan di Kabupaten Mandailing Natal: Antara Regulasi dan Realitas
Mining activities in Mandailing Natal Regency, particularly in Kota Nopan, Huta Bargot, and Batang Natal Districts, play a significant role in the local economy while simultaneously generating complex legal, environmental, and social problems. Despite the existence of comprehensive national regulations such as the Mineral and Coal Mining Law and regional bylaws, enforcement remains weak, as indicated by the persistence of illegal mining (PETI), environmental degradation, and conflicts of interest among various stakeholders. This study aims to analyze the dynamics of mining law enforcement by employing a juridical-empirical approach that combines the review of statutory regulations, secondary data, and field observations in three sample districts. The findings reveal that law enforcement is far from optimal due to structural constraints, including limited institutional capacity and inconsistent implementation, as well as cultural and economic factors, such as the community’s dependence on mining as a primary livelihood. Moreover, political and economic interests often weaken oversight and create selective enforcement, further widening the gap between regulation and practice. The study emphasizes that law enforcement in the mining sector should not rely solely on repressive measures but must be integrated with community empowerment, sustainable livelihood alternatives, and the strengthening of institutional governance. Therefore, reforming regional regulations, improving inter-agency coordination, enhancing law enforcement capacity, and ensuring active community participation are crucial steps to build legal, fair, and sustainable mining governance in Mandailing Natal.
Implementasi Program Anti-Perundungan untuk Melindungi Kesehatan Mental Siswa di SMA Dharma Karya UT Kota Tangerang Selatan
Bullying in schools is a serious issue that affects students’ mental health and therefore needs to be addressed through specific programs that create a safe, comfortable, and healthy environment. Increasing public awareness of the dangers of bullying has encouraged the emergence of anti-bullying programs in schools, including at SMA Dharma Karya UT. This study aims to analyze the implementation of such a program with four main objectives, namely to understand its execution, assess its effectiveness, identify existing obstacles, and provide relevant recommendations for improvement. The research method employed is quantitative with a descriptive approach using questionnaires developed based on program implementation and mental health indicators, tested for validity and reliability, and analyzed with SPSS version 25. The research sample involved 98 students from grades X, XI, and XII, selected through a representative quota sampling technique. The results show a significant relationship between the anti-bullying program and students’ mental health, with a correlation coefficient of 0.760 indicating a strong relationship. The program explains 57.8% of the variance in mental health, while 42.2% is influenced by other external factors. Simple regression analysis produced a constant of 43.783 and a coefficient of 1.814, meaning improvements in program implementation are directly proportional to improvements in mental health. Hypothesis testing confirmed significance with a value of 0.000 < 0.05, thus accepting the alternative hypothesis. The anti-bullying program has proven to be effective and can serve as a reference for other schools.
Implementasi Perpajakan Affiliate Marketer Shopee dalam Sudut Pandang Hukum Pajak dan Hukum Islam
The development of information technology brings significant changes in the business world, one of which is through the Shopee affiliate marketer program that provides opportunities for individuals to earn income through commissions from product sales. However, the tax practice of affiliate marketer income still requires in-depth study, especially in the perspective of tax law and Islamic law. The main problem in this research is how the Income Tax (PPh) payment mechanism for Shopee affiliate marketers and its compliance with the provisions of taxation law and the principles of Islamic law. This research aims to find out and analyze 1) To find out the percentage of PPh for shopee affiliate marketers in the perspective of tax law and Islamic law. 2) To know how to pay PPh for affiliate marker shopee in the perspective of tax law and Islamic law. The research method used is a legal sociology approach with a type of empirical legal research. Data is collected through observation, interview, and documentation of Shopee affiliates and sellers, and analyzed using data reduction techniques, data presentation, and drawing conclusions. The research results show that: 1) the percentage of PPh of shopee affiliate marketers is the commission received by Shopee affiliates, which is the object of PPh Article 21 and is subject to a progressive tax rate according to Government Regulation No. 58 Year 2023, based on the taxation of 50% of the total gross commission. The tax rate starts from 5% for income up to Rp60 million and increases according to the income layer. 2) The payment method of PPh affiliate marketer shopee is that Shopee deducts and deposits taxes automatically before the affiliate receives the commission, and requires the inclusion of NPWP so that the tax rate is lower. In the perspective of Islamic law, the obligation to pay taxes (dharibah) is recognized as long as it is managed fairly and used for public benefit, and does not burden the community. In conclusion, the practice of paying PPh affiliate marketer Shopee is in accordance with the provisions of the applicable tax law and can be accepted from the perspective of Islamic law as a form of contribution to the welfare of the community.
Dapatkah Otak yang Rusak Bertanggung Jawab? Disrupsi Amigdala–PFC dan Rekonstruksi Moralitas dalam Hukum Pidana
Criminal liability in modern law is built on the assumption that every individual is a rational and autonomous moral agent. However, neuroscientific evidence suggests that structural disruption of the amygdala and prefrontal cortex significantly impairs the capacity to judge actions ethically. This study aims to analyze the influence of neurological disorders on an individual's moral capacity and to formulate legal parameters for assessing criminal liability based on actual capacity. The research method employed normative legal research with a conceptual approach. The results indicate that perpetrators with dysfunction in the amygdala-PFC circuit experience a degradation of moral capacity that weakens the basis for the formation of mens rea in a substantive sense and falls outside the reach of legal systems that still rely on a model of responsibility based on the assumption of universal free will. The criminal legal system, in its current form, lacks a precise evaluative mechanism to distinguish between perpetrators with impaired moral control and those acting deliberatively. In this situation, the construction of criminal liability cannot be standardized, and reformulation of evaluation instruments is necessary to avoid sentencing bias against individuals with structural impairments in ethical capacity.