Taruna Law: Journal of Law and Syariah

Evaluasi Praktik Otonomi Daerah sebagai Upaya Optimalisasi Pembangunan Daerah

naswa Afrinda — 2025-01-10

The development of regional autonomy is a strategic step in equitable and sustainable regional development. In this framework, evaluation of the implementation of regional autonomy practices becomes a necessity. Regional autonomy provides opportunities for local governments to manage resources and plan development according to local needs, as well as increasing community participation in the decision- making process. However, the number of underdeveloped areas in Indonesia is often debated, with factors such as corruption and funds not being channeled properly. Evaluation of regional autonomy practices is important to identify successes, obstacles and challenges in efforts to optimize regional development, thereby enabling policy improvements and adjustments to increase the effectiveness and efficiency of implementing regional autonomy. The research method used is a normative juridical research method. This research will collect data through literature study and will analyze the data qualitatively. The evaluation results show varying results in various regions. To optimize regional development, continuous improvement efforts are needed, such as increasing apparatus capacity, stricter supervision, incentives for high-achieving regions, and encouraging transparency and accountability in budget management.

Kontestasi Budaya Barat dan Dampaknya terhadap Perempuan: Analisis dari Perspektif Viktimologi

Maulana Khidlir — 2025-01-10

Victimology is the study of victims in various contexts, such as crime, accidents, and natural disasters. Initially focused on crime victims, the field has evolved to encompass a wide range of human suffering. Women are often a central focus in victimology due to their increased vulnerability to crime caused by social and cultural factors, especially patriarchal cultures. Cultural contestation, particularly influenced by Western culture, significantly impacts women globally. This study examines the effects of cultural contestation on women, including physical and psychological violence, social stigma, and marginalization. Furthermore, victimology plays a crucial role in designing recovery and intervention strategies to support female crime victims, with an emphasis on psychological recovery, social reintegration, and access to justice. The victimological approach leads to the development of more inclusive and responsive support programs and restorative justice as an alternative for restoring relationships among victims, perpetrators, and society.

Euthanasia dalam Tinjauan Hukum Pidana Perspektif KUHP Lama dan KUHP Baru (Undang-Undang Nomor 1 Tahun 2023)

Adinda Nadia Kusuma — 2025-01-10

Euthanasia is the process or act of killing someone who is sick or who suffers from an incurable disease. The act of euthanasia that has recently emerged due to the passage of Law No. 1 of 2023 concerning the New Criminal Code. Initially, euthanasia was regulated in the old criminal code book, precisely in Article 344. Due to the political reform of the criminal law on the above law, the criminal paradigm for euthanasia has also changed with Article 461 of the New Criminal Code. This research aims to understand the concept of euthanasia in the perspective of criminal law over the Old Criminal Code which is a product of colonizers and also the New Criminal Code over the latest Criminal Code Law along with the cases that occur. This research uses a normative legal research method using a conceptual approach and a legislative approach or known as The Statute Approach. The data used consisted of primary legal materials such as legal documents (laws) including the Criminal Code, as well as other related literature, while secondary legal materials were books, articles, journals, websites, and various other official sources related to the substance of euthanasia from the perspective of Criminal Law. The turmoil of the problem over euthanasia is the legality aspect, because positive law states that euthanasia is an illegal act. Not only that, the prohibition of euthanasia is also reviewed from a religious and moral perspective because euthanasia is a form of suicide (taking someone's life). The government must promote preventive measures to overcome the act of lethal injection. This is evidenced by the application for lethal injection on behalf of Berlin Silalahi at the Banda Aceh District Court.

Hak Nafkah Anak Luar Nikah

M abdillah alkamil — 2025-01-10

The status of illegitimate children in obtaining their rights, such as the right to support that they should receive, is often an issue that is frequently discussed. Illegitimate children include children born as a result of a marriage that is legally valid but not registered or what is usually called an unregistered marriage. In positive law, illegitimate children only have a civil relationship with their mother and her mother's family. So it is difficult for the child to get his rights. After the Constitutional Court Decision No. 46/PUU-VIII/2010 appeared, which stated that the status of an illegitimate child has a civil relationship with the father and the father's family as long as it can be proven based on science. The purpose of this writing is to examine the right to support illegitimate children in the decision, MK No. 46/PUU-VIII/2010, seen from the perspective of Islamic law. This research uses library research methods (library research). The results of this research show that illegitimate children still receive and are entitled to support from their father. Because if seen from an Islamic religious perspective, the marriage is religiously valid because it fulfills the requirements and pillars of marriage. So illegitimate children still have rights, such as support from both parents, which they must receive.

Terciptanya Indonesia Emas 2045: Melalui Evolusi Budaya Politik Indonesia Yang Berkesadaran Hukum Oleh Pemuda dan Penggunaan Solusi Digital

Farhan Azmy Rahmadsyah Farhan — 2025-01-10

Indonesia is experiencing turbulent political waves, striving towards change, building pillars of evolution with legal awareness. If we look at Indonesia's current political dynamics, there is extensive use of practical politics without involving law and ethics in its implementation, for example, thuggery in politics, identity politics that damages national unity, and the practice of money politics. Indonesia is a constitutional state according to Article 1, Paragraph 3 of the 1945 Constitution. Therefore, all decisions taken should be based on law, including all political decisions. Although in reality, there are still many violations in the implementation of politics in Indonesia. The research used in this article is a qualitative research method. When discussing political theory, there are several theories considered important, namely: liberal, conservative, and socialist theories. Indonesia does not adhere to one dominant political system; in other words, Indonesia incorporates everything considered good and appropriate in its state implementation. Thus, the author provides ideas and solutions including: building a transparent and accountable digital political ecosystem, implementing artificial intelligence (AI) in political monitoring and analysis, developing an inclusive digital political education system, building an active and collaborative digital political community. These ideas and solutions focus on utilizing digital technology, artificial intelligence, and political education, especially early political education for youth, to become a cornerstone of quality political change for Indonesia in the future (changing legal culture through generational truncation efforts).

Tantangan Mekanisme Non-Conviction Based Asset Forfeiture dalam RUU Perampasan Aset Tindak Pidana Korupsi di Indonesia

Hutmi Amivia Ilma — 2025-04-14

Pemulihan aset hasil kejahatan telah menjadi isu global yang mendesak. Komitmen internasional, seperti yang tertuang
dalam Konvensi PBB Anti Korupsi (UNCAC), mendorong negara-negara untuk secara aktif mengejar aset-aset yang
diperoleh secara ilegal. Rancangan Undang-Undang Perampasan Aset yang tengah digodok diharapkan dapat
memperkuat upaya Indonesia dalam memenuhi kewajiban internasional ini. Pergeseran paradigma dalam perampasan
aset dari pendekatan in personam ke in rem telah memunculkan pertanyaan mengenai perlindungan terhadap hak-hak
individu, terutama hak milik. Pemerintah perlu memastikan bahwa dalam menerapkan Rancangan Undang-Undang
Perampasan Aset, prinsip-prinsip hukum yang adil tetap dihormati. Mekanisme in rem semata-mata bertujuan untuk
merampas aset hasil kejahatan, bukan untuk menghukum individu yang belum tentu terbukti bersalah secara pidana.
Analisis terhadap RUU Perampasan Aset mengungkap sejumlah kendala, termasuk potensi pelanggaran hak asasi
manusia, pergeseran paradigma penegakan hukum, dan kurangnya koordinasi antar lembaga. Meskipun demikian,
mengingat keterbatasan efektivitas pidana penjara dan denda dalam memberantas kejahatan, pengesahan RUU ini
menjadi semakin mendesak untuk memperkuat penegakan hukum dan memulihkan kerugian negara.

Implikasi Putusan Mahkamah Konstitusi Terhadap Pengaturan Ambang Batas Pencalonan Kepala Daerah di Indonesia

Sarah Ristya Putri — 2025-01-10

Implikasi putusan Mahkamah Konstitusi No. 60/XXII PUU/2024 terhadap pengaturan ambang batas pencalonan kepala daerah di Indonesia. Putusan ini menegaskan konstitusionalitas ambang batas, yang berpotensi memengaruhi dinamika politik dan partisipasi pemilih. Dengan pendekatan studi kasus, penelitian ini mengeksplorasi dampak keputusan MK terhadap strategi pencalonan partai politik dan calon independen, serta bagaimana hal ini memengaruhi keberagaman calon dalam pemilihan daerah. Ambang batas pencalonan, yang bertujuan untuk meningkatkan kualitas demokrasi dan mencegah fragmentasi partai, seringkali menjadi kontroversi dalam praktik politik. Putusan MK yang mengubah atau mempertahankan ambang batas ini menimbulkan beragam reaksi dari partai politik, calon independen, dan masyarakat sipil. Data dikumpulkan melalui analisis dokumen terkait. Penelitian ini menunjukkan bahwa meskipun putusan MK dapat meningkatkan stabilitas politik, terdapat kekhawatiran terhadap berkurangnya ruang bagi calon dari partai kecil dan independen, yang dapat mengurangi representasi suara masyarakat. Implikasi dari temuan ini penting untuk pengembangan kebijakan yang lebih inklusif dan responsif terhadap dinamika politik di Indonesia.

Tinjauan Sosiologi Hukum Tentang Penegakan Hukum di Indonesia

Zuman Malaka — 2025-01-10

Law enforcement in Indonesia is an important element in creating justice and order in society. In its implementation, law enforcement in Indonesia often faces challenges. In its implementation, law enforcement in Indonesia often faces challenges. This research uses a library method which focuses on collecting data from various written sources, such as books, journals, articles and so on that are relevant to the research. The results of the research show that the reality of law enforcement in Indonesia often shows that people in power tend to receive light sentences, while lower class people face heavy penalties even for minor violations, this reflects a law that is blunt upwards and sharp downwards. The challenges of law enforcement in Indonesia are caused by several things, such as the persistence of corruption at various levels of government and the judicial system in Indonesia. Apart from that, the "No Viral No Justice" phenomenon also shows the weak integrity of law enforcement officials. Legal sociology views that to improve this condition, legal awareness and compliance is needed in society as well as strengthening the integrity of law enforcement in Indonesia.

Analisis Hukum Islam terhadap Wakaf uang sebagai Instrumen Keuangan Syariah di Indonesia

Qathrina Qanitatin Nadhirah Alfawwaz — 2025-01-10

The practice of cash waqf in Indonesia has grown rapidly in recent decades as one of the Islamic financial instruments that is increasingly recognized and accepted by the Muslim community. The practice of cash waqf in Indonesia is supported by the fatwa of the Indonesian Ulema Council (MUI) and comprehensively regulated in Law No. 41/2004 on Waqf. The government also plays an active role through the establishment of the Indonesian Waqf Board (BWI) as an independent institution authorized to promote and develop waqf, including cash waqf. This research aims to analyze the validity and suitability of cash waqf practices in Indonesia based on Islamic law. The research method used is qualitative analysis with a literature study approach. The results show that the practice of cash waqf in Indonesia can be qiyaskan (analogized) with other movable object waqf which is justified in Islamic law

Upaya Penegakan Hukum Terhadap AI (Artificial Intelligence) Sebagai Subjek Hukum Pidana dalam Perspektif Kriminologi

Beryl Helga Fredella Hibatulloh — 2025-01-10

Artificial intelligence, or better known as AI, is experiencing very rapid development in today's technological era. Artificial Intelligence (AI) is an innovation that has changed many aspects of life in the world. The presence of machines with AI capabilities certainly has a disruptive impact on various social structures of society. One of the significant changes with the presence of AI is the legal science course, especially criminal law. The existence of a legal vacuum in the regulation of criminal law enforcement regarding AI or artificial intelligence initiated the author to conduct research related to law enforcement efforts against AI as a criminal law subject. This research aims to find out law enforcement against AI which can be the subject of criminal law. This study uses a type of juridical-normative research with a conceptual approach, a statute approach, and a comparative approach. Legal studies on artificial intelligence as perpetrators of criminal acts are quite minimal because they are not accompanied by regulations that regulate them. Artificial intelligence such as AI cannot perform illegal acts independently, because in its operation, AI requires help from humans. In Indonesia's positive law, artificial intelligence (AI) is not recognized as a legal subject as is a human or legal entity that is juridically recognized as a legal subject. Only legal subjects, both individuals and legal entities, can be held criminally liable. The right conclusion in this article is that the government should prepare regulations on AI as a subject of criminal acts and law enforcement against artificial intelligence. This arrangement is along with the identification of legal subjects, both individuals and legal entities, as well as appropriate laws to carry out law enforcement efforts against AI.