Muhammad Akmal Rizki Rivaldi
Universitas Negeri Semarang

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Pro Kontra Pengaturan Pencegahan dan Penanganan Kekerasan Seksual di Perguruan Tinggi: Tinjauan Perspektif Hukum Islam Muhammad Akmal Rizki Rivaldi; Anisa Fernanda; Baidhowi Baidhowi
Mutawasith: Jurnal Hukum Islam Vol 4 No 2 (2021)
Publisher : Prodi Hukum Ekonomi Syariah (Muamalah)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47971/mjhi.v4i2.370


The government through the Ministry of Education, Culture,Research, and Technology issued Ministerial Regulation No. 30 of 2010 to deal with and preventsexual violence. However, the regulation has many pros and cons in the community. One of themis the polemic of the use of the phrase "without the consent of the victim" which is considered thelegalization of adultery, immoral intercourse, and free sex which has the potential to damage thenation's character and morals and is contrary to social and religious norms, especially the Islamicreligion. This article aims to review these regulations which contain elements of legalizingadultery, immoral acts, and free sex in the perspective of Islamic law. By using a descriptiveanalytical approach as a result of the normative legal method, it can be concluded that Islamiclaw with its source of Islamic law, namely the Qur'an, forbids just approaching adultery,committing adultery, let alone legalizing it.
Larangan Pengunggahan Konten Terkait FPI: Tinjauan Perspektif Hak Asasi Manusia di Indonesia Muhammad Fauzi; Mellayanah Mellayanah; Muhammad Akmal Rizki Rivaldi; Fairuz Arta Abhipraya
Kosmik Hukum Vol 21, No 2 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i2.9947


The release of decisions with Home Ministers, Ministers of Law and Human Rights, Ministers of Communications and Informatics, Attorney General, The Police Chief of the Republic of Indonesia (Kapolri) and the Head of the National Body of Counter-Terrorism has been the basis for the dissolution and banning of all activities of the Islamic Defenders Front (FPI). Following up on this, it issued a declaration of Maklumat Kapolri No. 1/Mak/I/2021 on compliance with the ban on activities, the use of symbols and attributes and the application of fpi activities. Articel 2d of the maklumat forbidding access, uploading, and disseminating content related to FPI via the Internet is considered to have limited human rights. The study aims to see if there are any infractions and irregularities within the human rights code of the FPI content in the declaration. As for the research method used was normative juridical with a legal and conceptual approach. The source of data used is legislation on human rights, books, articles, and other sources related to the study. It was found in the study that article 2d of the maklumat went beyond the human rights code based on the principles of siracusa and the testing of three sets (three part test). Not only that, article 2d of the maklumat also threatens the freedom of press from journalists and the media in charge of spreading information to the public. The advice of the author regarding this matter should be the chief of police to update the declaration according to the purpose and purpose of the declaration issued, or at least revoke article 2d of the maklumat that feels has restricted the special human rights of free expression. This is so that the entire legal action in this country is consistent with the principles of the state of law and human rights.Keywords: human rights, freedom of expression, freedom of pers