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All Journal Kertha Semaya Wacana Hukum Bestuur Lentera Hukum Jurnal Mahasiswa Fakultas Hukum JURNAL FIAT JUSTISIA Jurnal Cita Hukum Brawijaya Law Journal : Journal of Legal Studies Jurnal Hukum Novelty Al-Ihkam: Jurnal Hukum dan Pranata Sosial Diponegoro Law Review JURISDICTIE Jurnal Hukum dan Syariah Pembaharuan Hukum Journal of Indonesian Legal Studies Jurnal Ilmiah Hukum LEGALITY JUSTITIA JURNAL HUKUM AKSIOLOGIYA : Jurnal Pengabdian Kepada Masyarakat SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam DE LEGA LATA: Jurnal Ilmu Hukum Varia Justicia Jurnal HAM Jambe Law Journal International Journal of Supply Chain Management Yurispruden Jurnal Yudisial Asia Pacific Fraud Journal Ekspose: Jurnal Penelitian Hukum dan Pendidikan Pena Justisia: Media Komunikasi dan Kajian Hukum Supremasi Hukum: Jurnal Penelitian Hukum Indonesian Journal of Advocacy and Legal Services Mulawarman Law Review JHR (Jurnal Hukum Replik) Unnes Law Journal Law Research Review Quarterly Journal of Community Service and Empowerment Jurnal Komunitas Yustisia Indonesian Journal of Law and Policy Studies Journal of Morality and Legal Culture Journal of Judicial Review Indonesian Journal of Law and Society JHCLS Jurnal Kajian Pembaruan Hukum Audito Comparative Law Journal (ACLJ) Jurnal Dedikasi Hukum JURIS (Jurnal Ilmiah Syariah) Mazahib: Jurnal Pemikiran Hukum Islam Indonesia Law Reform Journal (ILREJ)

Sholahuddin Al-Fatih

Universitas Muhammadiyah Malang

Author-ID : 450826

Religion Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Energy Engineering Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Transportation Other

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Recognition and Strengthening the Customary Land Ownership in Central Borneo Province Nur Putri Hidayah; Sholahuddin Al-Fatih
Jurnal Hukum Novelty Vol 10, No 1 (2019)
Publisher : Universitas Ahmad Dahlan

Introduction to The Problem: The rapid flow of globalization has brought indigenous peoples to prolonged horizontal and vertical conflicts. The majority of conflicts triggered by who has the right to own the land and functionalize it. The land that belongs to indigenous peoples and it inherited from generation to generation, suddenly taken by investors and it even supported by the government. The indigenous people are often victimized and forced out from their customary lands. They who try to claim the rights sometimes experience obstacles because of the stronger and dominant government position in the court. One of these conflicts occurred in the Dayak community in Central Borneo Province.Purpose/Objective Study: This study aims to determine the problems experienced by indigenous peoples in Central Borneo Province, as well as to find out the mechanism for establishing a legal protection system in order to provide recognition and strengthening ownership of customary land in the Central Borneo Province.Design/Methodology/Approach: This study uses normative research methods, with statute approaches and conceptual approaches.Findings: there are serious problems experienced by indigenous people in Central Borneo Province, related to customary land in their territory. However, there are legal safeguards that can be carried out through formal and administrative land recognition.

STATE LIABILITY FOR VIOLATION OF CONSTITUTIONAL RIGHTS AGAINST INDIGENOUS PEOPLE IN FREEDOM OF RELIGION AND BELIEF Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Brawijaya Law Journal Vol 4, No 1 (2017): Constitutional Issues and Indigenous Rights
Publisher : Faculty of Law, Universitas Brawijaya

The government is perceived as the main perpetrator on violations of freedom of religion and belief in Indonesia. As the state organizer, the government frequently issues discriminatory regulations and policies and tend to cause intolerance to minority religions and beliefs, particularly to indigenous peoples. While freedom of religion or belief is a constitutional rights that cannot be reduced and is guaranteed universally in constitution and laws, the law provides limitation that causes ambiguity in the fulfillment of the rights of religion and belief. In addition, the government mindset still adheres to the term of "official religion" and "non-official religion" in any policy-making, causing adherents of minority religions and beliefs to be considered as cultural heritage to be preserved. This creates injustice, discrimination, intimidation and intolerance in rights fulfillment in state and society life. This paper discusses the existence of the guarantee of freedom of religion and belief for indigenous people and state liability for violations of freedom of religion and belief. This research used normative juridical method with statute approach and conceptual approach.

PERLINDUNGAN HUKUM TERHADAP IKAN HIU DAN IKAN PARI UNTUK MENJAGA KESEIMBANGAN EKOSISTEM LAUT INDONESIA Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Legality : Jurnal Ilmiah Hukum Vol 24, No 2 (2016): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

The population of sharks and rays in Indonesia threatened with extinction. Based on the findings of WWF Indonesia that there are at least 10 million sharks caught in Indonesian waters each year for commercial purposes. Urgency of protection against sharks and stingrays are not only conservation activities related to efforts to save species of marine animals from extinction, but also related to global environmental issues. Until this time there has been no regulation of the Indonesian government, which specifically provides protection to the conservation of sharks and rays in Indonesiaâ€™s marine waters. In this paper, the author will discuss two findings. First, the lack of regulations that provide legal protection to sharks and stingrays from illegal fishing activity. Secondly, there are two efforts can be made by the government, repressive and preventive measures. A repressive measure carried out by law enforcement with a very heavy sanction the perpetrators of fishing of sharks and stingrays. Preventive efforts done by making shark conservation areas and through education and awareness to the community.

PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR Aulia, Farihan; Al-Fatih, Sholahuddin
Legality : Jurnal Ilmiah Hukum Vol 25, No 1 (2017): Maret
Publisher : Faculty of Law, University of Muhammadiyah Malang

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

Fostering as an Alternative Sanction for Juveniles in the Perspective of Child Protection in Indonesia Erdianti, Ratri Novita; Al-Fatih, Sholahuddin
JILS (Journal of Indonesian Legal Studies) Vol 4 No 1 (2019): Penal Policy and The Development of Criminal Law Enforcement
Publisher : Faculty of Law, Universitas Negeri Semarang

Crimes committed by juveniles today continue to grow, as well as various law enforcement approaches. Juveniles as legal subjects have special attention not only in matters of childrenâ€™s rights but also in the punishment of children. Various crimes committed by juveniles occur a lot and lead to no longer what is called juvenile delinquency, but a serious crime. The Child Protection Act and the Child Criminal Justice System Law explicitly regulate the protection of childrenâ€™s rights in the context of human rights. Fostering sanctions for juveniles are one of the ways that are encouraged compared to providing severe criminal sanctions, while here another criminal law is a double-edged sword and ultimum remedium. This paper examines efforts to guide children as an alternative sanction in juvenile criminal law. Studies in this paper include studies of Child Criminal Law, Criminal Law, Human Rights, and the Law on Child Protection.

MODEL PENGUJIAN PERATURAN PERUNDANG-UNDANGAN SATU ATAP MELALUI MAHKAMAH KONSTITUSI Al-Fatih, Sholahuddin
Legality : Jurnal Ilmiah Hukum Vol 25, No 2 (2017): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Post-reform of the role of judicial institution is run by two institutions namely the Supreme Court and the Constitutional Court. The duties and authorities of the two institutions are regulated in the Constitution of the Republic of Indonesia 1945 and the act that addresses the three institutions more specifically. Several powers possessed by the Supreme Court and the Constitutional Court, one of them is the authority to judicial review. The Constitutional Court is authorized to review the act on the Constitution of the Republic of Indonesia 1945, while the Supreme Court is authorized to review under the Act on the above legislation.The unfairness of the regulatory testing function is feared to trigger bureaucratic inefficiency. Based on data released by the Supreme Court Clerk, it was recorded during 2016 that the Supreme Court received 18,514 cases, including the Hak Uji Materi (HUM) subject to legislation under the Act. While the number of cases of judicial review of the Constitutional Court in 2016-2017 amounted to only 332 cases. Therefore, it is necessary to conduct a bureaucratic reform and provide new ideas related to the model of one court of judicial review in Indonesia. So that in this paper will be discussed deeply about problematic of judicial review in Indonesia and the authority of the Constitutional Court to review the act under one roof with SIJURI mechanism.

ANALISIS YURIDIS KEDUDUKAN HUKUM LEMBAGA PEMBERI FATWA HALAL DI BEBERAPA NEGARA Aditya, Zaka Firma; Al-Fatih, Sholahuddin
Wacana Hukum Vol 25, No 1 (2019)
Publisher : Universitas Slamet Riyadi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33061/1.jwh.2019.25.1.3033

AbstractConsuming halal and safe food products is a constitutional right of citizens. This right is realized through guarantee of halal products, the institution authorized to issue fatwa halla on a product is LPPOM MUI. The results showed that LPPOM MUI issued a halal certificate for a product after previously going through a trial process at the MUI Fatwa Commission. Although judicially the position of MUI is not a state institution, the presence of the MUI, especially LPPOM MUI, can answer the needs of the community. Halal certificates from LPPOM MUI can at least provide legal certainty for the community. Abroad, halal certification institutions are government or private institutions that have their own statutory regulations and standards.AbstrakMengkonsumsi produk pangan halal dan aman merupakan hak konstitusional warga negara. Hak tersebut diwujudkan melalui jaminan produk halal, lembaga yang berwenang mengeluarkan fatwa halla atas suau produk adalah LPPOM MUI. Hasil penelitian menunjukkan bahwa LPPOM MUI mengeluarkan sertifikat halal atas suatu produk setelah sebelumnya melalui proses sidang di Komisi Fatwa MUI. Meskipun secara yuridis kedudukan MUI bukan merupakan lembaga negara, namun kehadiran MUI, terutama LPPOM MUI, bisa menjawab kebutuhan masyarakat. Sertifikat halal dari LPPOM MUI setidakya bisa memberikan kepastian hukum bagi masyarakat. Di luar negeri, lembaga sertifikasi halal merupakan lembaga pemerintah atau swasta yang memiliki perundang-undangan dan standar resmi tersendiri.

PEMBENTUKAN NORMA AMBANG BATAS PARLEMEN DALAM PERSPEKTIF TEORI KRITIS JURGEN HABERMAS Sholahuddin Al-Fatih
Audito Comparative Law Journal (ACLJ) Vol. 1 No. 1 (2020): Mei 2020
Publisher : Universitas Muhammadiyah Malang

This study tries to discuss the formation of parliamentary threshold norms in the perspective of Jurgen Habermas' critical theory. Through historical, conceptual and statutory approaches, this research attempts to examine prescriptively the dynamics of implementing parliamentary thresholds in legislative elections. This research makes the thinking of Jurgen Habermas and the thinkers around him as a benchmark and analysis. The results of this study indicate that the formation of norms and the application of parliamentary thresholds in elections based on the perspective of Jurgen Habermas's critical theory are appropriate because they do not only look at the legal aspect, but from the needs and interpretations based on other sciences. This research is expected to be able to help academics and legal practitioners, especially regarding electoral law, to be able to dig deeper into the perspective of law and its integration with other disciplines, not only from one or two experts, but from several other experts.

HOUSE OF ROLE AS AN EFFORT TO PROTECT CHILDREN FROM VIOLENCE: AN INDONESIAN HUMAN RIGHTS PERSPECTIVE Sholahuddin Al-Fatih
Audito Comparative Law Journal (ACLJ) Vol. 2 No. 1 (2021): Januari 2021
Publisher : Universitas Muhammadiyah Malang

This research aims to discuss the children's violence that occur in Indonesia. This research using legal research, namely research conducted to produce arguments, new theories or concepts as a prescriptive in solving the problems faced. This research found that the number of cases of violence against children in Indonesia is very high and tends to increase from year to year. To overcome this, it is necessary to create a role model house, namely a house that involves 5 elements (parents, family, community, government, local and state governments) in fulfilling children's rights to prevent violence.

PENERAPAN THRESHOLD DALAM PEMILU MENURUT PERSPEKTIF GUSTAV RADBRUCH DAN HANS KELSEN Sholahuddin Al-Fatih
Audito Comparative Law Journal (ACLJ) Vol. 1 No. 2 (2020): September 2020
Publisher : Universitas Muhammadiyah Malang

This study tries to discuss the tensions that occur between legal experts in formulating basic values that become the right legal objectives. Figures that are used as a comparison in the perspective of this legal objective are Gustav Radbruch and Hans Kelsen. Through a conceptual and case approach, this study tries to examine the concept of law based on contextual cases that occur in society, namely the application of the threshold in elections. In this study, the application of the threshold in elections is used as a measuring tool to determine legal objectives as stated by Gustav Radbruch and Hans Kelsen. The results of this study indicate that Gustav Radbruch sees and tends to the value of justice as a legal goal, like what Hans Kelsen found. The difference between Gustav Radburch's justice and Hans Kelsen lies in how to measure and realize this justice. This research is expected to be able to help academics and legal practitioners to dig deeper into the philosophical objectives of law in order to create laws that can answer the needs of society.

Co-Authors A Salman Maggalatung Aan Eko Widiarto Abdul Chalim Abdul Kadir Jaelani Abdurrahman Raden Aji Haqqi Abdurrahman Raden Aji Haqqi Adinda Putri Jade Afrizal Mukti Wibowo Ahmad Faiz Alamsyah Ahmad Murtadho Ahmad Siboy Aisya Sanghra Devi Nugraha Akmal Maulana N. M. Andre Purnairawan Angelina Lucky Rahmawati Aristo Arie Notoprojo Asep Syarifuddin Hidayat Asrul Ibrahim Nur Asrul Ibrahim Nur Asrul Ibrahim Nur Aulia, Farihan Bayu Aji Satria Briliant Gustama Brillian Gustama Catur Wido Haruni Catur Wido Haruni David Pradhan Devi Triasari Diah Nadia Putri Disemadi, Hari Sutra Echaib Samira Eliza Putri Sanggarwati Fachry Ahsany Fadloli Falah Parama, Jovial Farihan Aulia Fatha Khaira Annajid Elfauzi Felinda Istighfararisna Aulia Firyal Azelia Nasera Fitria Esfandiari Hany Krisna Priratna Hari Sutra Disemadi Haris Haris Hasnan Bachtiar Hendra Saputra Jaya Hilaire Tegnan Isdian Anggraeny Isma Novalia Firdha Susanto Jamil Jamil Jamil Jamil Jauhar Nashrullah Jovial Falah Parama Kukuh Tejomurti Luthfillah Arrizqi Zainsyah Maynanda Shadrina Merve Ozkan Borsa Moch. Zairul Alam Moh. Fadli Moh. Iqra Syabani Korompot Mohammad Al An'imat Mohammad Syahrul RA Mujibur Rahman Khairul Muluk Najella Zubaidi Niken Nendy Istaqnaligh Sanda Nilasari Nilasari Nur Putri Hidayah Putra, Marsudi Dedi Rama Thimoty Sanjaya Raras Verawati Ratri Novita Erdianti Regy Gusti Pratama Rety Bella Octavya Zain Sarita Satria Unggul Wicaksana Prakasa Satria Unggul Wicaksana Prakasa Sayed Khalid Shahzad Shohib Muslim Sukarmi, Sukarmi Syahra Ramadhani Syariful Alam Taufiqur Rahman Shaleh Tinuk Dwi Cahyani Triya Indra Rahmawan Ulfa Arinta Virga Dwi Efendi Wahyudi Kurniawan Wasis Suprayitna Wasis Suprayitno Wasis Wasis Wimbi Vania Riezqa Salshadilla Yaris Adhial Fajrin Yunus, Nur Rohim Yusro, Mochammad Abizar Yusuf Hamdika Zaka Firma Aditya Zaka Firma Aditya Zaka Firma Aditya zaka firma aditya, zaka firma Zakaria Saxon

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