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All Journal KARSA: Jurnal Sosial dan Budaya Keislaman (Journal of Social and Islamic Culture) Jurnal Hukum dan Peradilan
Ramadhansyah, Fery
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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The Indo-Pacific Child Trafficking Dynamics: Islamic and Cultural Viewpoints Firdaus, Firdaus; Mursal; Syaflin Halim; Desminar; Ramadhansyah, Fery
KARSA Journal of Social and Islamic Culture Vol. 31 No. 2 (2023)
Publisher : Institut Agama Islam Negeri Madura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19105/karsa.v31i2.12391

Abstract

This research reviews the child protection paradigm in the Indo-Pacific region, especially in Indonesia, by highlighting the imbalance between the status of developed countries and the need to develop thinking and implementation of Islamic law. The research results show that understanding of Islamic law regarding child protection is in line with human rights principles and the Child Protection Law. Factors influencing child trafficking involve the social and economic conditions of countries, while movements, interactions, and changes in child trafficking systems reflect the complexity of this problem. Child protection agencies highlight the mode of child trafficking through online channels and loose borders, with the main obstacles being differences in levels of understanding and lack of coordination between countries. Parents emphasized education, the role of the community in prevention, personal experiences related to concerns about children's safety, and participation in children's education. Parents' hopes include strengthening legal and policy frameworks involving cultural values and Islamic law, as well as community support for more effective prevention efforts. In conclusion, this research provides critical insight into the role of Islamic law and cooperation between government and society in protecting children from trafficking in the Indo-Pacific region.
Strengthening The Implementation of E-Court-Based Judiciary As A Legal Protection In The Implementation of E-Litigation-Based Trials Yoesuf, Juliani Paramitha; Ramadhansyah, Fery; Elviyanti, Sinta; Salamah, Ade
Jurnal Hukum dan Peradilan Vol 12, No 2 (2023)
Publisher : Puslitbang Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.2.2023.293-318

Abstract

E-Court has been implemented in all courts in Indonesia. However, among legal experts, implementing electronic-based trials (e-litigation) raises pros and cons, especially when parties must attend the trial. This situation is interesting and must be investigated immediately to create legal certainty. The issues that will be examined are: 1) the appropriateness of electronic trial arrangements (e-litigation) based on Supreme Court Regulation of the Republic of Indonesia Number 7 of 2022 dated October 10th2020, and 2) the form of strengthening the implementation of electronic trials (E-Litigation) in e-court. The research method used in this research is normative-empirical legal research, also known as applied law research. The data types used to study normative-empirical legal research are primary and secondary. The results show that 1) Electronic trial arrangements (e-litigation) based on the Supreme Court Regulation of the Republic of Indonesia Number 7 of 2022 concerning the Administration of Cases and Trials in Electronic Trial (e-litigation) are appropriate. However, this regulation still needs to be improved and strengthened so that the litigants as e-court users can obtain law enforcement and justice. 2) The regulation of e-courts needs to be strengthened, as the law must absorb what the community wants in judicial practice. Policy strengthening regarding e-court can be carried out through a) amendments to the Judicial Powers Act, primarily related to regulations for the electronic announcement of decisions as a consequence of legal reforms; b) establishment of the law on the implementation of e-court and e-Litigation; c) establishment of a new Perma to strengthen Perma No. 7 of 2022.
Co-Authors Desminar Elviyanti, Sinta Firdaus Firdaus Mursal Salamah, Ade Syaflin Halim Yoesuf, Juliani Paramitha