Universitas Muhammadiyah Ponorogo Scientific Journal
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Pertanggungjawaban Hukum Orang Tua dalam Tindak Pidana Inses
No full textThis study aims to examine the legal responsibility of parents in incest crimes in Indonesia and to evaluate the effectiveness of existing laws and regulations in preventing and handling these crimes. This study uses a normative legal approach with legislative and conceptual research methods. The main data sources are primary legal materials, such as Article 8 of Law Number 1 of 1974 concerning Marriage and Article 76D of Law Number 35 of 2014 concerning Child Protection, as well as secondary legal materials in the form of literature, journals, and other related documents. Data collection techniques are carried out through document studies, while data analysis is carried out in a normative legal manner to understand, criticize, and interpret applicable legal regulations. This study found that although existing regulations have prohibited and criminalized incest, such as in Article 8 of the Marriage Law and Article 76D of the Child Protection Law, the sanctions applied are considered not strict enough to provide a deterrent effect. The application of castration and the installation of electronic chips, as regulated in the Child Protection Law, has also raised controversy regarding human rights. This study emphasizes the importance of strengthening the legal system through revision of laws that provide more effective sanctions and include comprehensive protection for incest victims. The originality of this study's findings lies in the critical analysis of legal loopholes in legislation and recommendations for restorative justice-based solutions that have not been widely reviewed in previous studies
Perlindungan Hukum Bagi Korban Tindak Pidana Terorisme di Indonesia: Tantangan dan Implementasi
No full textThis study aims to explore the legal protection provided to victims of terrorism in Indonesia, considering its broad impact on individuals and society. Using a normative juridical method, the study analyzes regulations such as Law No. 5 of 2018 and Law No. 13 of 2006, along with relevant legal concepts. The findings indicate that while legal protection includes compensation, restitution, and rehabilitation, its implementation faces challenges in legal, policy, and institutional coordination aspects. This study contributes by identifying key obstacles in regulatory enforcement and proposing strategies to enhance the effectiveness of legal protection through optimized law enforcement mechanisms. The study's limitation lies in its focus on normative analysis without an in-depth empirical examination. Its originality stems from a comprehensive evaluation of the effectiveness of existing regulations and strategic recommendations to improve protection for terrorism victims
Sanksi Pelaku Murtad dalam Perkawinan yang Masih Tinggal Bersama Perspektif Hukum Pidana Islam
No full textApostasy in Islam is considered a serious offense generally punishable by death. However, its application becomes complex when the apostate remains in a marital relationship, living with their spouse and children, thus raising legal dilemmas concerning family protection and the enforcement of sanctions under Islamic criminal law. This study aims to analyze the Islamic criminal law sanctions against apostates who continue to live with their families. Using a normative juridical method, the study examines the legal provisions from various sources, including the Qur’an, Hadith, and ijma’ (consensus of scholars). The findings reveal that the death penalty applies to apostates who leave Islam with the intention of opposing and destroying it. However, for individuals who apostatize but remain committed to protecting their family, the death penalty is deemed irrelevant. In such cases, a more prioritized approach involves counseling and efforts to bring them back to Islam. If these efforts fail, alternative sanctions such as ta’zir can be applied, including flogging, detention, fines, or reprimands, along with additional penalties such as asset freezing. In conclusion, under Islamic criminal law, apostates who maintain marital ties and live with their family are not subjected to the death penalty unless their apostasy is accompanied by hostility towards Islam and a desire to destroy it, as clarified in the historical development of Islamic law
Konsep Pengaturan Perjanjian Kerja Waktu Tertentu (PKWT) Berdasarkan Prinsip Keadilan Proporsional
No full textThis study aims to analyze the regulation of Fixed-Term Employment Agreements (PKWT) based on the principle of proportional justice in the Indonesian labor law system. This principle emphasizes the importance of a balance between the rights of employers to business flexibility and the rights of workers to protection and job security. This study uses a normative legal method with a statutory, conceptual, philosophical, historical approach, as well as a case and comparative approach. The primary legal materials analyzed include the Employment Law, the Job Creation Law, and the Constitutional Court Decision Number 168/PUU-XXI/2023. The results of the study show that changes to the regulation of PKWT through the Job Creation Law, especially the elimination of the maximum duration limit for extension, have created legal uncertainty for workers and opened up opportunities for abuse by employers. PKWT that is not strictly limited has the potential to harm workers, especially in terms of compensation and social security rights. Current regulations tend to favor employer flexibility, so there needs to be a rearrangement that prioritizes the principle of proportional justice. This justice must be reflected in the limitation of the use of PKWT for work that is truly temporary, the provision of adequate compensation, and strict supervision by the state. Theoretically, this finding confirms that employment law must be based on social justice that places humans at the center of policy, not merely objects of the labor market
Peran Penuntut Umum Terhadap Pemenuhuan Restitusi Anak Korban Tindak Pidana Kekerasan Seksual
No full textSexual violence crimes not only affect adults as victims but also targetand impact children. Concern over the high number of sexual crimes experienced by children should not solely focus on punishing the perpetrators but also on fulfilling the rights of child victims of criminal acts. One way to restore the condition of child victims of sexual violence is through restitution. In cases of sexual crimes against children, the Public Prosecutor (JPU) plays a central role in ensuring the fulfillment of the victim's right to restitution. The central role of the Public Prosecutor in providing restitution is stated in Government Regulation No. 43 of 2017. This study aims to examine the urgency of the Public Prosecutor's role in fulfilling restitution rights and to identify the challenges and efforts in the process of fulfilling these rights for child victims. This research uses a normative juridical approach. The findings indicate that filing for restitution for child victims of sexual violence crimes is crucial and should be included in the Public Prosecutor's indictment as a form of legal protection for the child victims. However, the implementation of restitution requests in the indictment still faces obstacles, both from within the prosecutor's office and from external institutions
Keabsahan Hukum Perjanjian Jual Beli melalui Whatsapp Bisnis berdasarkan Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen
No full textThe rise of digital technology has driven business actors to use WhatsApp Business as a platform for buying and selling transactions, which in turn increases the risk of breach of contract (wanprestasi) against consumers. This study aims to identify the causes of business actors' breach of contract through WhatsApp Business, analyze legal protection for consumers based on Law Number 8 of 1999 on Consumer Protection (UUPK), and evaluate the application of legal sanctions against business actors who commit breaches. The research uses a normative juridical approach, relying on statutory regulations, legal principles, and relevant literature, along with document-based analysis. The findings show that agreements made through WhatsApp can be legally binding if they meet the valid elements of a contract as stipulated in the Indonesian Civil Code (KUHPerdata). Consumers who suffer losses are entitled to protection and compensation in accordance with Article 19 of the UUPK, and business actors can be subjected to civil, administrative, or criminal sanctions if proven to have committed a breach. Transactions via WhatsApp Business fall within the scope of formal legal protection, and electronic evidence such as chats and payment proofs are legally admissible in court as guaranteed by the Electronic Information and Transactions Law (ITE Law)
Perlindungan Hukum Pemegang Saham Publik Akibat Dilusi Kepemilikan Saham Pasca Pelaksanaan Penambahan Modal Tanpa Hak Memesan Efek Terlebih Dahulu
No full textCapital Increase Without Preemptive Rights (PMTHMETD) is a measure taken by the Company to increase capital without offering new shares to existing shareholders in order to implement a settlement plan. Legally, PMTHMETD is regulated in the 2007 Company Law and POJK 14./2019. However, the implementation of PMTMETD results in share dilution for shareholders, especially for public shareholders who are not involved in the voting process. This mechanism often causes dilution of share ownership, especially for public shares owned by the public, who have relatively lower voting rights compared to Majority Shareholders, and especially in the General Meeting of Shareholders (GMS) as a form of approval of the settlement plan. The 2007 UUPT and POJK 14./2019 regulate the mechanism for issuing new shares, but these provisions do not provide substantive protection for public shareholders because public shareholders are in a position to accept without being given the right to make decisions, while majority/controlling shareholders are involved in the decision-making process to approve the settlement plan and are aware of the risks of share ownership dilution. As a result, public shareholders are often in a passive position, accepting policies without the right to make decisions. This study aims to analyze the form of legal protection for public shareholders whose shares are diluted after the implementation of capital increases without preemptive rights. Considering that the settlement plan is a legal product, public shareholders are in a dilemma of not accepting the Company's actions. The type of research used is normative juridical with a literature study using primary, secondary, and tertiary materials and qualitative data. The results of the study will describe the obstacles and forms of legal protection for public shareholders to obtain equality and legal protection
PUSTAKAWAN PERPUSTAKAAN PERGURUAN TINGGI ISLAM MENGHADAPI ERA MILENIAL
Get PDFThe aim of this research is to analyze how librarian of Islamic Higher Education Libraries faces the millennium era. This research uses a qualitative approach, with literature review techniques. A literature review is a survey of scientific articles, books, and other sources relevant to a particular problem, area of research, or theory, and in so doing, provides a description, summary, and evaluation of various works. The results of the research show that human resource management of Islamic higher education libraries facing the millennial era really needs to be done by implementing a sustainable pattern of human resource development regarding knowledge and skills in the fields of libraries and information technology. There are several issues that must be of primary concern, namely: 1) The need for education for library technicians (functional professional skills/librarian assistants), and libraries (functional skills/librarians); 2) Development of the librarian profession by attending seminars, scientific discussions, workshops, writing papers, and the like; 3) Mastery of information technology; 4) Shift in values and work ethic caused by changes in mindset; 5) Making librarians aware of the importance of roles and functions in the information era to realize the achievement of an information society; and 6) Transition of conventional library management to electronic libraries. Therefore, library Human Resources (HR) in the millennial era face various changes and challenges, there are several characteristics that library HR must have, namely: 1) Digital Literacy; 2) Adaptability; 3) Customer Service; 4) Collaboration; 5) Continuous Education; 6) Creativity and Innovation; 7) Understanding Diversity Needs; and 8) Leadershi
Factors Influencing Society’s Decision to Donate Waqf in the Bogor Waqf Forest: A Qualitative Study
Get PDFIntroduction/Main Objectives: Muslims have varying tendencies when it comes to donating their wealth. Generally, Indonesians donate to mosques, schools, and cemeteries. However, over the past ten years, there has been an increasing trend of donating to nature conservation. This phenomenon raises several questions because it falls outside the "common" use of waqf. This study aims to investigate the motives for funding and how waqifs are involved in supporting Bogor Waqf Forests. Research Methods: A qualitative research design was applied as the data analysis method with the aim of gaining in-depth insight into the rationale behind the motives for waqf behavior. Respondents were selected using purposive sampling techniques. Specific criteria were established based on the research objectives: Muslim men and women who had donated a waqf of at least Rp 200,000 to the Bogor Waqf Forest. After selecting respondents who met the criteria, open-ended interviews were conducted. The quality of the information provided was the primary objective, ensuring that it could address the research questions. Triangulation techniques were applied to validate the data. Finding/Results: Basically, the decision of all respondents to donate their assets to the forestry sector is a form of implementation of a certain motivation. The results explain that the motives to donate waqf in Bogor Waqf Forest are driven by spiritual values, ecological wisdom, empowerment space, and nazhir credibility. Conclusion: Waqif motives serve as a basis for fundraising for waqf in the forestry sector. Nazhir can use the motive data to maximize the role of waqif to make a more significant contribution to the development of the Bogor Waqf Fores
Edukasi Gen Z Kaya Literasi sejak Dini
Get PDF Generation Z (Gen Z), who grew up in the digital era, has extensive access to information and technology. However, ironically, their financial literacy is still relatively low. 1 Based on data from the Financial Services Authority (OJK), the level of financial literacy among young people is still below 40%. 2 Therefore, more intensive efforts are needed to educate and improve financial literacy to help them manage their finances wisely. Through the "Gen Z Rich in Literacy from an Early Age" educational program, it is hoped that partners (Gen Z) can provide a basic understanding of financial literacy. This program is expected to instill the habit of managing money wisely from an early age and become an important provision in their future lives. Partners in this community service activity are students of the Management Study Program at Muhammadiyah University of Ponorogo with a total of 20-30 participants. These students come from various semester levels and have academic backgrounds in economics and business.
Keywords : Education, Financial Literacy, Gen ZGenerasi Z (Gen Z), yang tumbuh di era digital, memiliki akses yang luas terhadap informasi dan teknologi. Namun, ironisnya, literasi keuangan mereka masih tergolong rendah1. Berdasarkan data dari Otoritas Jasa Keuangan (OJK), tingkat literasi keuangan di kalangan anak muda masih di bawah 40%2. Oleh karena itu, diperlukan upaya edukasi dan peningkatan literasi keuangan yang lebih intensif untuk membantu mereka mengelola keuangan secara bijak. Melalui program edukasi "Gen Z Kaya Literasi Sejak Dini", diharapkan dapat memberikan pemahaman dasar mengenai literasi keuangan kepada mitra (Gen Z). Program ini diharapkan mampu menanamkan kebiasaan mengelola uang secara bijak sejak usia dini dan menjadi bekal penting dalam kehidupan mereka di masa depan. Mitra dalam kegiatan pengabdian kepada masyarakat ini adalah mahasiswa Program Studi Manajemen Universitas Muhammadiyah Ponorogo dengan jumlah peserta sebanyak 20 – 30 orang. Mahasiswa ini berasal dari berbagai tingkat semester dan memiliki latar belakang akademik di bidang ekonomi dan bisnis.
Kata kunci : Edukasi, Literasi Keuangan, Gen