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Made Wira Suhendra’s Preliminary Examination

[KALIURANG]; The Doctoral Study Program in Law, Faculty of Law, Universitas Islam Indonesia held a preliminary examination on Saturday, December 16, 2023, at 13:00 WIB, during which the examinee presented the dissertation proposal, “Reformulation of Policies for Handling Klitih Street Crime in the Special Region of Yogyakarta.”

In his proposal, Made Wira stated that klitih is one of the crime phenomena that is of concern in Jogja, which, in several incidents, has resulted in fatalities. However, until now, there has been no KUHP that specifically defines the term klitih itself. So, it is necessary to search for the true meaning of klitih in order to create policies to deal with the klitih problem, which is increasingly growing in Yogyakarta.

Made Wira’s research will attempt to determine whether klitih is merely uncontrollable child mischief or an organized crime that is causing worries in society. The type of research proposed is empirical (non-doctrinal) legal research with a qualitative descriptive analysis method.

Prof. Dr. M. Syamsudin, the head of the doctoral study program in law, presided over the examination along with promoter Prof. Dr. Rusli Muhammad, S.H., M.H., co-promoter Dr. Aroma Elmina Martha, S.H., M.H., and examiner Prof. Dr. Hartiwiningsih, S.H., M.Hum., Prof. Dr. Marcus Priyo Gunarto, S.H., M.Hum., Prof. Hanafi Amrani, S.H., M.H., LL.M., Ph.D., and Dr. M. Arif Setiawan, S.H., M.Hum.

 

 

 

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Mardona Siregar’s Public Defense Examination

[KALIURANG]; The Public Defense Examination was held on Saturday, March 2, 2024, at 10:00 WIB. Mardona Siregar, a doctoral candidate, presented her dissertation, “Reconstruction of the Formation of Regional Regulations Concerning Regional Taxes in North Sumatra Province in the Context of Strengthening Regional Autonomy,” at the Doctoral Study Program in Law, Faculty of Law, Universitas Islam Indonesia (PSHPD FH UII).

According to Promovendus, Mardona Siregar’s research looked at why the North Sumatra Central Government got rid of a lot of regional tax regulations. It also looked at what the regional government and DPRD did to improve the quality of the regional tax regulations in North Sumatra. Finally, it looked at how ideas were rebuilt to make a Regional Regulation on Regional Taxes in North Sumatra that was strict.

The findings of Mardona’s dissertation research first demonstrate that there are three factors that led the central government in North Sumatra to cancel many regional regulations on regional taxes. Second, there are two initiatives by the Regional Government and DPRD to enhance the caliber of the creation of regional tax regulations in North Sumatra. Third, the reconstruction of the concept in the formation of the Regional Regulation on Regional Taxes in North Sumatra to strengthen regional autonomy can be carried out philosophically.

Mardona Siregar’s public defense examination was held in the Mini Auditorium Room on the 4th Floor of FH UII, chaired by the Dean of FH UII, Prof. Dr. Budi Agus Riswandi, S.H., M.Hum., with promoter Prof. Dr. Ni’matul Huda, S.H., M.Hum., and co-promoter Dr. Saifudin, S.H., M.Hum., with examiners: Prof. Dr. Ridwan, S.H., M.Hum., Prof. Dr. Muhammad Fauzan, S.H., M.Hum., Prof. Dr. Winahyu Erwiningsing, S.H., M.Hum., and Prof. Dr. I Gusti Ayu Ketut Rachmi Handayani SH, MM., who join online via Zoom.

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Legal Protection of Sustainable Food Agricultural Land in Sleman Regency: Samun Ismaya Public Defense Examination

“The decreasing of food agricultural land in Sleman Regency by the time has the potential to hamper government policies related to the protection of sustainable food agricultural land.”

[KALIURANG]; The Doctoral Study Program of Law, Faculty of Law, Universitas Islam Indonesia, held the public defense examination at the FH UII Auditorium on (27/01). Promovendus, Samun Ismaya succeeded in obtaining a doctorate by defending his dissertation with the title “Legal Protection of Sustainable Food Farming Land in Sleman Regency Based on Regional Regulation No. 6 of 2020 About Protection of Sustainable Food Farming Land”.

In his dissertation, Samun Ismaya studied and analyzed Sleman Regency Regional Regulation No. 6 of 2020 concerning the Protection of Sustainable Food Agricultural Land to find the cause of the lack of implementation of this regional Regulation in terms of implementing legal protection of sustainable food agricultural land. Promovendus also reviewed and analyzed the institutional structure in Sleman Regency Regional Regulation No. 6 of 2020 concerning the Protection of Sustainable Food Agricultural Land to find answers about why the Regulation is not being implemented.

The results of Samun Ismaya’s dissertation stated at least two things: first, the legal substance of Sleman Regency Regional Regulation No. 6 of 2020 concerning the Protection of Sustainable Food Farming Land has not met the aspect of legal certainty, especially the aspect of juridical enforceability, that there is an indication about juridical defect in the Regional Regulation, namely non-compliance with the principle of assistance/medebewind duties. Second, the unclear division of authority to organize the protection of sustainable food agriculture land between the Sleman Regency Regional Government, the Yogyakarta Special Region Provincial Government, and the Central Government resulted from uncertainty in using the assistance/medebewind principle.

On this occasion, the public defense examination session was chaired by the Dean of FH UII, Prof. Dr. Budi Agus Riswandi, S.H., M.Hum., with members consisting of Promoter, Prof. Dr. Nurhasan Ismail, S.H., M.Sc., Co-Promoter, Mukmin Zakie, S.H., M.H., Ph.D., Prof. Dr. Achmad Sodiki, S.H., Prof. Dr. Sudjito, S.H., M.Si., Prof. Dr. Ni’matul Huda, S.H., M.Hum., and Prof. Dr. Ridwan, S.H., M. Hum.

After presenting his dissertation and answering questions the board of examiners asked, Samun Ismaya was successfully appointed as a Doctor of Law. He officially holds the 171st doctoral degree with a structured learning system at PSHPD FH UII. At the end of the session, the Promoter, Prof. Dr. Nurhasan Ismail, S.H., M.Sc., congratulated him and advised him to continue developing himself.

 

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Nurwigati’s Public Defense Examination

“To realize the General Principles of Good Government, the term ex-criminal corruption must be stated firmly and independently in the decision of the Constitutional Court. Apart from that, the technical regulations also need to be perfected, such as KPU Regulation Number 10 of 2003 concerning disclosing the identity of ex-corruption convicts and the Election Law concerning the prohibition of money politics in terms of time, object, and criminal sanctions.”

[KALIURANG]; The Doctoral Study Program of Law, Faculty of Law, Universitas Islam Indonesia, held the public defense examination in the Auditorium Room of the UII Faculty of Law on (27/01). Promovenda, Nurwigati, S.H., M.Hum succeeded in obtaining a doctorate by defending his dissertation entitled “Reconstruction of the Decision of the Constitutional Court of the Republic of Indonesia Regarding the Political Rights of Ex-Corruption Convicts in the Legislative and Executive General Elections.”

Nurwigati’s dissertation aims to describe and analyze the dynamics of statutory regulations and Constitutional Court (MK) decisions in limiting the political rights of ex-corruption convicts as a requirement to take part in legislative and executive elections according to the aspects of democracy and human rights and justice according to the Pancasila law and Islamic values. It is hoped that the output of this research can be a construction of the Constitutional Court’s decisions and construction of technical regulations relating to legislative and executive elections. So that people’s representatives and leaders who can carry out the General Principles of Good Government (AUPB) can be born.

On this occasion, the public defense examination session was chaired by the Dean of FH UII, Prof. Dr. Budi Agus Riswandi, S.H., M.Hum., with members consisting of Promoter, Prof. Dr. Achmad Sodiki, S.H., Co-Promoter, Prof. Dr. Ridwan, S.H., M.Hum., Prof. Dr. Muhammad Fauzan, S.H., M.H., Prof. Dr. I Gusti Ayu Ketut Rachmi Handayani, S.H., M.M., Prof. Dr. Ni’matul Huda, S.H., M.Hum., and Dr. Sri Hastuti Puspitasari, S.H., M.H.

After presenting her dissertation and answering questions the board of examiners asked, Nurwigati was successfully appointed as a Doctor of Law. Dr. Nurwigati, S.H., M.Hum. officially holds the 170th doctoral degree with a structured learning system at PSHPD FH UII.

At the end of the session, the Promoter, Prof. Dr. Achmad Sodiki, S.H., congratulated her on her new doctoral degree and told her to continue studying and practicing her knowledge to be useful to others.

 

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The Existence and Actualization of Good Faith in Intellectual Property Law: M. Zulfa Aulia Public Defense Examination

Good faith has become the basis or principle of all law systems. However, in intellectual property law, there are differences in the juridical regulation of good faith. So, there is a need for further study regarding the placement and use of the concept of good faith in acquiring and protecting intellectual rights.

The Doctoral Study Program of Law (PSHPD), Faculty of Law, Universitas Islam Indonesia, again held a public defense examination in the Audiovisual Room, Floor 4, Faculty of Law, UII, on (13/12). Doctoral candidate M. Zulfa Aulia succeeded in obtaining a doctorate by defending his dissertation entitled “The Normativity of Legal Principles in Legal Regulations and Court Decisions: Study of the Existence and Actualization of Good Faith in Intellectual Property Law.”

The doctoral candidate, M. Zulfa Aulia, in his dissertation, highlights three main points as follows: First, although good faith is only made explicit in trademark law regulations, in judicial reality, the use of good faith is determined by its relevance. Good faith is relevant to preventing and canceling the registration of dishonestly intelectual right. Second, judicial reality also shows that good faith does not only apply to trademark law regulations but also to copyrights and patents. In reality, parties, including judges, use good faith as a legal argument to strengthen accusations, defenses, or decisions that specific intellectual right do not meet the requirements for obtaining rights and should not be registered. Third, it is necessary to accommodate the principle of good faith in intellectual property law regulations through behavioral provisions, especially regarding the conditions for acquiring rights. Then, to make good faith explicit in regulations, a significant test in judicial practice, the formation pattern of national legal regulations, and the abstraction of their formulation and placement are needed.

On this occasion, the public defence examination session was chaired by the Chair of the PSHPD, Prof. Dr. M. Syamsudin, S.H., M.H., with members consisting of Promotor, Prof. M. Hawin, S.H., LL.M., Ph.D., Co-Promotor 1, Prof. Nandang Sutrisno, S.H., LL.M., M.Hum., Ph.D., Co-Promotor 2, Prof. Dr. Shidarta, S.H., M.Hum., with examiners: Prof. Dr. Budi Agus Riswandi, S.H., M.Hum., Prof. Dr. Sri Wartini, S.H., M.Hum., Ph.D., Hayyan Ulhaq, S.H., LL.M., Ph.D.

After presenting her dissertation and answering questions the board of examiners asked, M. Zulfa Aulia was successfully appointed Doctor of Law. Dr. M. Zulfa Aulia, S.H., M.H. officially holds the 169th doctoral degree from PSHPD FH UII. Promotor Prof. M. Hawin, S.H., LL.M., Ph.D., congratulated and advised them to carry out the Prophet’s orders, to be always humble, always share knowledge with others, and not hide the knowledge they have.

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New Perspective on the Modernization of Nagari Minangkabau: Aulia Rahmat Public Defense Examination

Efforts to protect Nagari as local wisdom tend to lead to local bureaucratization, which is caused by the objective relations formed by the state towards Nagari. Local bureaucratization has reduced Nagari’s value as a social system built by the complexity of Minangkabau community relations.

The Doctoral Study Program of Law, Faculty of Law, Universitas Islam Indonesia (UII), held the public defence examination in the Auditorium on the 4th floor, Faculty of Law, UII on (30/11). Aulia Rahmat, a doctoral candidate, successfully earned her doctorate by defending her dissertation titled “Reformulation of State Policy in Protecting Local Wisdom: A Study of Nagari Dynamics and Sustainability in West Sumatra.”

Aulia Rahmat, the doctoral candidate, explained, “My dissertation originally aimed to explore the challenges and transformations of Nagari within Indonesia’s modern government system. Some experts view these changes as a way to modernize Nagari, integrating it with the post-independence government. On the flip side, concerns arise that these changes might disconnect Nagari from its roots. Previous research often focused solely on the artifacts in Minangkabau relations within Nagari, overlooking the broader components of Minangkabau as a social system. In this dissertation, I strive to offer a fresh perspective on the relationships within Nagari and propose a model for healthy interactions between Nagari and the state.”

On this occasion, the public defense examination session was chaired by the Dean of Faculty of Law, Prof. Dr. Budi Agus Riswandi, S.H., M.Hum., with members consisting of Promotor, Prof. Dr. Esmi Warassih Pujirahayu S.H., M.S., Co-Promotor, Prof. Dr. M. Syamsudin, S.H., M.H., with examiners: Prof. Dr. Sudjito, S.H., M.Si, Dr. Yance Arizona, S.H., M.H., M.A., Prof. Dr. Ni’matul Huda, S.H., M.Hum., and Dr. Suparman Marzuki, S.H., M.Si.

After presenting her dissertation and answering the examiners’ questions, Aulia Rahmat obtained the title of Doctor of Law. Dr. Aulia Rahmat, S.H.I, M.A.HK. now officially a graduate of the doctoral program of law. His supervisor, Prof. Dr. Esmi Warassih Pujirahayu S.H., M.S., praised this extraordinary dissertation, emphasizing its importance in reviving forgotten aspects of Indonesian local wisdom. The promotor congratulated Dr. Aulia Rahmat and advised him not to adopt the philosophy of banana trees, which only bear fruit once and then die. Instead, she suggests to addpot the philosophy of mango trees that bear fruit continuously and provide enjoyment for everyone.

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Debriefing Program For Alumni Faculty Of Law Universitas Islam Indonesia

The Law Study Program for the Undergraduate Program in collaboration with the Deputy Dean for Religion, Student Affairs, and Alumni of the Faculty of Law, the Islamic University of Indonesia held a debriefing activity for the alumni of the Law Study Program for the Undergraduate Law Program at the UII Faculty of Law. This activity was attended by approximately 73 alumni graduates, who will later be graduated in the 5th period of UII Graduation for the 2022-2023 Academic Year. This time the alumni debriefing was attended by 3 speakers. The first resource person was Dr. Busyo Muqoddas, S.H., M.Hum., lecturer at the Faculty of Law of UII who is also an alumnus of the Law Study Program for the Undergraduate Program and the Law Study Program for the Doctoral Program at the Faculty of Law at the Islamic University of Indonesia. The second speaker Inas Syahira, S.H., M.H. who is one of the graduates of the Law Study Program Undergraduate International Program at the Faculty of Law of the Islamic University of Indonesia and the third resource person from DPKA UII (Directorate of Development and Career Alumni of the Indonesian Islamic University Alumni namely Lifthya Ahadiyati Akmala, S.Psi., M.Psi., Psychologist.

Deputy Dean for Religion, Student Affairs, and Alumni of the UII Faculty of Law, Drs. Agus Triyanta, M.A., M.H., Ph.D. conveyed a message in his remarks “We hope that prospective graduates and female graduates will get their initial expectations when they enter the Faculty of Law at the Indonesian Islamic University. Hopefully the expectations at the beginning will still be achieved and achieved. We also hope that you will get good experiences that can be a provision when you enter the world of work or who will continue into the world of education.”

As for the message from Dr. Busyo Muqoddas, S.H., M.Hum. who conveyed “Alumni’s Humanitarian Mission to Change the Country, there are three things, namely first, Alumni must have knowledge, scholarly status, contain humanitarian missions, and justice. Second, knowledge and scholarship are not intended to accumulate wealth by thinking and acting to prostitute knowledge (Intellectual Prostitution). Third, UII Alumni must have a mission with knowledge to become leaders of change who are full of God’s grace and love.”

Then the Head of the Law Study Program for the Undergraduate Program also said that “this event is very important to provide inspiration to graduates of the Law Study Program for the Undergraduate Program at the Faculty of Law, Indonesian Islamic University.” This event was held in the Auditorium Room 4th Floor and ended with a question and answer session and group photos.

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Erwin Moeslimin Doctoral Promotion Open Examination Session attended by 4 State Officials

KALIURANG (UII News) – The dissertation entitled “Election Dispute Resolution Legal Politics: Initiating the Establishment of an Election Court in Indonesia” succeeded in leading Rayendra Erwin Moeslimin Singaruju, SH, MH, to defend his dissertation by earning a Doctoral Program in Law Faculty of Law Universitas Islam Indonesia.

The open examination was also attended by 2 Heads of State High Institutions, namely the head of  Supreme Court (MA) RI Prof. Dr. H. M. Syarifuddin, S.H., M.H, and the Chairman of the Indonesian Supreme Audit Agency (BPK) Dr. Agung Firman Sampurna, CSFA., CFrA., CGCAE., QGIA. As well as 2 Ministers, namely the Coordinating Minister for Political, Legal, and Security Affairs, Prof. Dr. H. Mohammad Mahfud Mahmodin, S.H., S.U., M.I.P who also appeared as one of the examiners and the Indonesian Minister of Home Affairs (Mendagri) General Police (Purn.) Prof. Drs. H. Muhammad Tito Karnavian, M.A., Ph.D.

The Doctoral Promotion Examination was held on Friday, 4 Jumadil Akhirah 1443 H/7 January 2022 at the Prof. Auditorium. Dr. KH. Kahar Muzakkir. Erwin explained his dissertation on the Election Court in front of the examiners. Namely. Besides Prof. Mahfud MD, the examiner for this doctoral promotion is Prof. Fathul Wahid Ph.D, Rector UII, Prof. Dr. Ni’matul Huda SH MH (Promoter), Prof. Jawahir Thantowi, P.hD (Co-Promoter), Prof. Dr. Mahfud MD (Examiner), Prof. Amzulian Rifai, P.hD (Examiner), Pro. Dr. Muhammad Fauzan (Examiner), Prof. Dr. I Gusti Ayu Ketut Rachmi Handayani SH,. MH (Examiner) and Dr. Suparman Marzuki SH MSi was also the examiner.

Furthermore, the dissertation entitled “Legal Politics of Electoral Dispute Resolution: Initiating the Establishment of an Electoral Court in Indonesia” seeks to answer the problem of resolving electoral disputes in Indonesia and the ideal election court in the future. In his presentation, Erwin emphasized that the research results showed that the legal politics of election dispute resolution so far has not been strongly and stable institutionalized in one institution.

“Two judicial power institutions, namely the Supreme Court and the Constitutional Court with different character and constitutional mandates, have alternated as places for resolving election disputes, he said. He again explained that the different procedures and decisions of the two often contradict each other and create legal uncertainty and ultimately do not give a sense of justice. Therefore, according to Erwin, in the future an election court institution is needed with a special mandate to adjudicate election disputes which are formed based on the orders of the Election Law, so that there is legal consistency, legal certainty and fairness in the resolution of election disputes,” said Erwin, who is also a former member of the DPR RI.

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Visiting Professor for Master and Doctor Programs Faculty of Law UII

Master and Doctor Program in Law, Faculty of Law, Universitas Islam Indonesia held a Visiting Professor agenda which was held on 6 Jumadil Ula 1443H/ 11 December 2021 and 18 Jumadil-Ula 1443 H/ 23 December 2021.

Present as a guest speaker at the Visiting Professor batch 1, Prof. Dr. Anis Pattanaprichawang (Academy of Islamic and Arabic Studies, Princess of Naradhiwas University Thailand) and Dr. Abdul Jamil, S.H., M.H. (FH UII) with the moderator M. Syafei, S.H., M.H with the theme “Role and Challenges of Islamic Family Law in the Time of Pandemic”.

Delivered by Dr. Jamil that in western society modernism contains the notion of thoughts, schools, movements and efforts to change old understandings and customs so that they can be adapted to new opinions and conditions brought about by the development of science and technology. According to him, the renewal of Islamic family law is an effort to adapt Islamic family law to new developments. “It does not mean changing, reducing or adding to the text of the Qur’an and Hadith,” he added.

Furthermore, the Visiting Professor batch II presented Prof. Dr. Farid Sufian bin Shuaib (Professor in Constitutional Law, Ahmad Ibrahim Kuliyyah of Laws International Islamic University of Malaysia0 and Prof. Dr. Ni’matul Huda, SH, M.Hum. (FH UII) with the theme “Bending the Constitution in Managing Life and Politics during the Pandemic?: The Malaysian and Indonesian Experience”.

Prof. Dr. Farid Sufian bin Shuaib said that political dynamics occurred with various changes in prime ministers in Malaysia after the 2018 election. According to him, the issues that developed later were not only health but also related to people’s freedoms, rights to privacy, freedom of speech, freedom of speech, property rights. “There was a proposal to postpone the election, but it was not done and still fill government positions,” he said.

Furthermore, expressed by Prof. Ni’matul that there was a tug-of-war between the central government and local governments in handling COVID-19 in Indonesia. He also added that the implementation of regional head elections at that time also seemed forced, even though according to him, in a pandemic, health matters should be the main thing and be considered by the government.

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Protection of Ethnic Minority Rights in Majority Ethnic Countries

Some Efforts to protect minority rights are politically good, social, culture and economy and religious freedom which are non-derogable rights must indeed be voiced because it is supposed to be any sovereign state in the world obliged to provide careful protection in accordance with the aims and objectives of the UN Charter. And Indonesia with the 1945 Constitution article 27.28,29,30, and 31 must also participate in the fight for human rights.

In order to having deep discussion for above problem, The Doctoral Program in Law, the Master Program in Law and Master Program in Notarial Law Faculty of Law Universitas Islam Indonesia held an International Conference entitled “Ethnic Minority Groups in Majority Ethnic Countries”. Located in the Auditorium of the Endowment Agency of the Islamic University of Indonesia on Tuesday, December 17, 2019. Here the Conference presented several speakers such as  Prof. Samina Yasmeen, Director and Founder of UWA’s Center for Muslim States and Societies Australia, Assoc. Prof. Dr. Rohaida Nordin, from the Malaysian National University, Assoc Prof. Dr. Muhammadzakee Cheha from Fatoni University Thailand, and Prof. Jawahir Thontowi, S.H., Ph.D, Nandang Sutrisno, S.H., LL.M., M.Hum., Ph.D. and Drs. Agus Triyanta, M.A., M.H., Ph.D, from Faculty of Law Universitas Islam Indonesia.

Also present for opening session, Deputy Chancellor of the Field of Networking and Entrepreneurship of the Indonesian Islamic University Ir. Wiryono Raharjo, M.Arch., Ph.D. Meanwhile it acts as Dr.’s speaker keynote. Sulaiman Syarif. The Secretary General of Law and International Treaties of the Ministry of Foreign Affairs of the Republic of Indonesia expressed deep concern over the issues of minority communities, especially those living in non-Muslim countries.

Dean Faculty of Law UII Dr. Abdul Jamil, S.H., M.H who was then present and was asked by several media information said that at present many issues are rife about the unpleasant treatment received by minority Muslims from his country. Among these, ethnic Uighur Muslims in China, Rohing in Myanmar, and Muslims in Pathani Thailand. “They need help from the international world.”Avul Jamil’s light. Therefore this International conference is carried out one of which aims to find a solution about the problem above.

Prof. Jawahir Thontowi, S.H., Ph.D. stated that countries that failed to carry out their duties in providing protection, recognition, and respect for human rights especially minority groups need to get attention from the international community, even punishment of either a blockade or an embargo as the Israeli Government’s treatment of the Palestinian people.

Prof. Jawahir urged the UN Human Rights Commission to take appropriate and convincing action to countries that clearly violated the Genocide Convention or violations of humanitarian crimes, urged the Indonesian government to provide assistance to the Uighur tribal community in Xinjiang to be given the right to freedom in carrying out and amending Islamic teachings. Urge Muslim States to help and encourage unity to voice human rights enforcement and judicial proceedings in the International Criminal Court. As well as several other statements related to this.