Papers by Mohamad Hidayat Muhtar, SH,. MH
Journal of Law and Sustainable Development
Objective: This paper aims to elaborate on the morality of law enforcement in Indonesia today and... more Objective: This paper aims to elaborate on the morality of law enforcement in Indonesia today and how to reflect on law enforcement in Indonesia in the future. This paper uses a normative type of writing using a statutory, case, and comparative approach. Method: This paper is then analyzed using the Prescriptive analysis technique. Result: This paper shows that the morality of law enforcement in Indonesia today can be seen from several things: inconsistent law enforcement, corruption among law enforcement officials, law enforcement by violating the law, and selective law enforcement. The reflection of law enforcement in Indonesia in the future based on morality must be based on strengthening several aspects: strengthening integrity and ethics in law enforcement, transparency and accountability in the law enforcement process, revamping the legal system and institutions, and increasing legal awareness. Conclusion: The authors of this research want to learn more about and reflect...
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Berajah Journal, Oct 18, 2021
The study aims to determine the extent to which students' ability to writ... more The study aims to determine the extent to which students' ability to write English discourse is increased through mastery of the glossary. Glossary mastery is mastery of vocabularies or terms used in the material to be studied. This is one way for the author to make it easier for students to write an English discourse. This is carried out in hybrid learning during the Covid-19 pandemic. This study uses a classroom action research method with a quantitative approach to 32 students of Class XI.MIPA1 SMAN 1 Cigugur which is carried out in 2 cycles in the odd semester of the 2021-2022 academic year. The results showed that 89% of students were able to write English discourse well. In addition, there was an increase in their writing ability by 27% from their previous ability.
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penelitian-pendidikan, 2017
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Jambura Law Review
Islamic financial scheme in practice is still causing problems in the wider community due to diff... more Islamic financial scheme in practice is still causing problems in the wider community due to differences in perceptions that exist in the community. The principle of freedom of contract in Law No. 2 of 1960 concerning agricultural product sharing and Islamic law, especially related to agricultural product sharing and Article 1338 paragraph (1) of the civil code which stipulates that a legally made Agreement will apply like a law for the maker (Pacta Sunt Servanda principle), the word “all” means that every legal subject can make an agreement whose contents are about anything, legal subjects have the freedom to determine the form of the agreement. This normative research aims to analyse the legal ramifications of violating the concept of freedom of contract in agricultural product sharing from the viewpoints of Islamic law. This result of this article found that the implementing of the revenue sharing system did not get a fair share, this was because at the time of the contract, far...
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Russian Law Journal
This study examines the protection of health rights in Indonesia from the perspective of human ri... more This study examines the protection of health rights in Indonesia from the perspective of human rights and the Indonesian constitution. The study aims to analyze relevant regulations and articles on health rights protection and propose an ideal pattern in health protection for citizens within the framework of human rights and the Indonesian constitution. The methodology used in this study is a descriptive-analytic approach with a focus on normative legal research. The results show that the right to health is a fundamental human right and must be guaranteed by the state following the constitution and human rights law. The study also identifies various aspects of health rights protection, including the right to quality and affordable health services, health insurance, and eliminating discrimination in health services. Moreover, the study proposes an ideal pattern for health protection for different vulnerable groups, including women, children, people with disabilities, elderly people, ...
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Jurnal Konstitusi
This research discusses the strength of the Constitutional Court's decision regarding judicia... more This research discusses the strength of the Constitutional Court's decision regarding judicial review in Indonesia. The Constitutional Court is an institution of judicial power tasked with exercising the authority of judicial review born from the 3rd Amendment to the 1945 Constitution. In this study, the philosophical and normative foundations that form the basis for the strength of the Constitutional Court's decision to conduct judicial review will be discussed. The method used is normative juridical, using secondary materials such as laws, decisions of the Constitutional Court, and related legal literature. This study's results confirm that the Constitutional Court's decision to conduct a judicial review has a powerful dimension of power. This power can be viewed from several angles, both philosophical and normative. In the philosophical aspect, the strength of the Constitutional Court's decision lies in the principles of popular sovereignty and constitutional ...
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Al-Mizan
Lahirnya berbagai produk hukum daerah terkait pengelolaan Zakat, salah satunya Peraturan Daerah K... more Lahirnya berbagai produk hukum daerah terkait pengelolaan Zakat, salah satunya Peraturan Daerah Kabupaten Pohuwato Nomor 6 Tahun 2015 tentang Pengelolaan Zakat, berpotensi menimbulkan suatu permasalahan, seperti berkaitan dengan implementasi prinsip-prinsip pemerintahan yang baik dan inovasi dalam regulasi serta praktik pengelolaan zakat. Tujuan penelitian ini adalah untuk mengevaluasi efektivitas dan akuntabilitas pengelolaan zakat di Kabupaten Pohuwato melalui Peraturan Daerah Kabupaten Pohuwato Nomor 6 Tahun 2015 tentang Pengelolaan Zakat, serta mengidentifikasi langkah-langkah yang perlu diperhatikan dalam menghadapi permasalahan pengelolaan Zakat. Metode penelitian yang digunakan dalam penelitian ini adalah hukum normatif dengan pendekatan filosofis dan analitis. Penelitian ini berfokus pada pandangan rasional, analisis kritis, dan filosofis, serta diakhiri dengan kesimpulan yang bertujuan untuk menghasilkan temuan baru sebagai jawaban dari masalah pokok yang telah ditetapkan. ...
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TSAQAFAH
Article 29 of the 1945 Constitution states that the state is based on One Godhead. Also, the sta... more Article 29 of the 1945 Constitution states that the state is based on One Godhead. Also, the state guarantees the independence of each resident to embrace their respective religions and to worship according to their religion and beliefs. It can be said that the ideals of Indonesian constitutional law have a manifestation of Islamic law which is embodied in local legal products, namely the Sharia Perda. The background of the formation of the Sharia Regulation is mainly Indonesia as the largest Muslim country in the world. However, in its development, the Sharia Perda still has various problems, namely the women's freedom, discrimination and the exclusivity of Muslims. Therefore, it is important to look at the characteristics of Sharia regulations in Indonesia as a manifestation of the ideals of Islamic law. The research method uses normative juridical research with a statutory approach and is analyzed using the legal hermeneutic method. The results of the study show that the ide...
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Journal of Namibian Studies : History Politics Culture
This study explores the historical development of Social Justice Theory and its relevance in the ... more This study explores the historical development of Social Justice Theory and its relevance in the context of development planning. The research adopts a descriptive narrative method to trace the evolution of the theory from ancient Greek philosophers to contemporary thinkers. Social justice is defined as a framework for political goals that promote equality of outcome and treatment, recognizing the worth and dignity of all individuals and fostering participation, particularly among the most disadvantaged.The study finds that Social Justice Theory has undergone significant transformations over time, from the distributive approach of Rawls and Craig to the more recent focus on community rights and development impacts, as advocated by Fraser. However, the scope of social justice theory has become increasingly broad, encompassing issues such as land distribution, housing, and economic development policies. This has led to debates about the viability of social justice as the primary param...
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JURIS (Jurnal Ilmiah Syariah)
Indonesia has introduced Islamic-based development programs, but challenges such as different int... more Indonesia has introduced Islamic-based development programs, but challenges such as different interpretations, incompatibility between Islamic law and the national legal system, political influence, and the integration of Islamic values in sustainable development continue to hinder the implementation of Islamic legal approaches in regional development. This study aims to analyze the integration of Islamic legal concepts in regional development from an economic, social, political and environmental perspective and to identify concrete policies or programs that can be implemented to apply a holistic and sustainable approach to Islamic law in regional development. This research is categorized as normative legal research using primary and secondary legal materials in statutory and library documents (books, journals, reports and internet sources) and analyzed using a philosophical and analytic approach. According to the findings, the problem can be solved by creating an Islamic-based deve...
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Protection: Journal Of Land And Environmental Law, Nov 30, 2022
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Jurnal Pamator : Jurnal Ilmiah Universitas Trunojoyo
The management of BUMDesa is not yet optimal because many BUMDesa administrators still need to un... more The management of BUMDesa is not yet optimal because many BUMDesa administrators still need to understand BUMDesa regulations and institutions. Seeing these problems, there needs to be capacity building preceded by legal reasons as a guideline for regulating BUMDesa management signs. Increasing the capacity of Village-Owned Enterprises (BUMDesa) as an organ driving the village economy can be carried out through the Job Creation Era, which has become a momentum for structuring BUMDesa regulations and institutions. The era of work creation referred to is the birth of Law Number 11 of 2020 concerning Job Creation which is now declared invalid with the presence of Government Regulation (Perpu) Number 2 of 2022 concerning Job Creation. This study uses normative legal research methods(normative legal research). The author uses this legal research because the focus is on studying literature and laws and regulations related to the object of research. The results of the research show that t...
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Zenodo (CERN European Organization for Nuclear Research), Mar 17, 2023
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Jurnal Pustaka Mitra (Pusat Akses Kajian Mengabdi Terhadap Masyarakat), Jan 29, 2023
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Proceedings of the Unima International Conference on Social Sciences and Humanities (UNICSSH 2022), 2023
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Jurnal Hukum Ius Quia Iustum
Indonesia specifically addresses the refugee issues in Presidential Regulation No. 125 of 2016 on... more Indonesia specifically addresses the refugee issues in Presidential Regulation No. 125 of 2016 on the Handling of Foreign Refugees. The handling of refugee status in Indonesia is handed over to UNHCR considering that Indonesia is not a party to the 1951 Refugee Convention or the 1967 Protocol. Besides Indonesia, Australia and Thailand are also not parties to the convention. Therefore it is important to see a comparative study of policies between countries. This study also aims to find out whether Presidential Decree No. 125 of 2016 can resolve the problem of refugees in Indonesia and what is the policy comparison between Indonesia, Australia and Thailand. The research method used is normative legal research with a statutory approach. The results of the study concluded that Presidential Decree No. 125 of 2016 has adequately accommodated arrangements for overseas refugees, but there are still several provisions that have multiple interpretations, such as arrangements regarding "f...
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KnE Social Sciences
The Covid-19 that occurred in recent years has had an impact on public health as well as the econ... more The Covid-19 that occurred in recent years has had an impact on public health as well as the economic sector. It has caused the Indonesian economy to experience a slump in the second quarter of 2020 until the real GDP contracted and its value became IDR 2,590 trillion, which previously was IDR 2,735 trillion in the second quarter of 2019. Accordingly, the government announced Presidential Decree No. 12 of April 13, 2020, on the determination of non-natural disasters due to the spread of COVID-19 in 2019, a national disaster, making use of it. The issue is that the economic impact affects creditors in paying their obligations to debtors. The problem is that the emergency status of Covid-19 does not necessarily cause force majeure that has an impact on losses for creditors. Therefore, it is necessary to form a state agency that specifically issues force majeure certificates like in China so that it can be used as a reference that the debtor is proven to have experienced force majeure....
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KnE Social Sciences
The state has provided guarantees in the education of all citizens. In addition, the 1945 Constit... more The state has provided guarantees in the education of all citizens. In addition, the 1945 Constitution has clearly stated that education is a human right. Of course, this includes people with disabilities as the nation’s successors. The fulfillment of the rights of persons with disabilities in Indonesia has various problems in terms of the education pattern, which is still segregated due to lack of accessibility and supporting facilities to fulfill the educational rights of persons with disabilities. This is even more difficult with the policy of learning from home by using online learning facilities. As previously mentioned, the Covid-19 pandemic has forced all students, including persons with disabilities, to adapt to conditions by undergoing distance learning. Of course, various related policies and the distance learning processes must protect people with disabilities to continue receiving education, especially basic education, which must be followed by all Indonesian citizens. A...
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Protection: Journal Of Land And Environmental Law, Jul 31, 2022
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Akuntansi dan Humaniora: Jurnal Pengabdian Masyarakat
Menurunnya kunjungan wisatawan akibat pandemik covid-19 menjadikan promosi wisata menjadi langkah... more Menurunnya kunjungan wisatawan akibat pandemik covid-19 menjadikan promosi wisata menjadi langkah konkrit dalam memulihkan kembali sektor kepariwisataan. Promosi tersebut dapat dilakukan melalui media sosial yang dapat menjangkau seluruh pihak. Akan tetapi, penggunaaan media sosial justru dapat beribas pada hal-hal negatif ketika promosi yang dilakukan tidak sesuai dengan etika dan tanggungjawab dalam menggunakan media sosial. Persoalan minimnya pengetahun masyarakat di desa Patoameme terhadap etika penggunaan media sosial untuk promosi destinasi wisata harus diijawab dengan berbagai langkah, salah satunya adalah melakukan pengabdian masyarakat sebagai tanggungjawab dari perguruan tinggi sekaligus mengamalkan tridarma perguruan tinggi. Hasil pengabdian menunjukan bahwa promosi destinasi wisata merupakan hal yang sangat penting dilakukan dalam pengembangan suatu destinasi wisata. Melalui promosi tersebut maka kunjungan wisatawan akan meningkat dan akan berimbas pada peningkatan penda...
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Papers by Mohamad Hidayat Muhtar, SH,. MH