Indonesian Law Research Articles

Legal Studies of Marriage Registration and the Problems of Isbat Nikah Polyandry and Its Legal Consequences for Children

One of the important issues in marriage law in Indonesia is the registration of marriages and divorces in the Religious Courts. This happens because some of the rules in these regulations are considered relatively new because they have not been mentioned in the classical jurisprudence books which are used by the Indonesian people, especially the ulama. In statutory regulations as contained in Article 2 paragraph (2) of Law Number 1 of 1974 concerning Marriage jo. Article 5 of the Compilation of Islamic Law states that every marriage must be recorded. This research discusses; What is the form of registration of polyandrous marriages and what are the problems with the legal status of polyandrous marriages and the legal consequences for children. This type of research is doctrinal research or normative legal research. Meanwhile, the approach used is a statutory approach, a conceptual approach and a comparative approach and the legal analysis uses descriptive qualitative analysis, namely by formulating and explaining significantly several legal issues that are the object of study in this research.

The Core of Restorative Justice in Indonesia's Criminal Justice System

This research aims to comprehensively explore Restorative Justice within Indonesia's judicial system, examining its role, necessity, and implementation methods. The theoretical framework emphasizes reconciliation, reparation, and the involvement of victims, offenders, and communities in justice processes, contrasting with punitive approaches by prioritizing healing and peace restoration. Methodologically, the study employs normative legal research, analyzing Indonesian laws, conducting comparative studies, and exploring doctrinal principles relevant to Restorative Justice. Findings underscore the need for a unified legal framework to ensure consistent application across different judicial levels, advocating for judges to apply Restorative Justice principles effectively through proper training and guidelines. This research contributes valuable insights into enhancing justice and reconciliation practices in Indonesia's criminal justice system.

Analisis Pengelolaan Sampah Rumah Tangga di Permukiman Sekitar Daerah Aliran Sungai (DAS) Desa Ibul Besar II

 The problem of household waste in Ogan Ilir Regency is increasingly complex due to the characteristics of the area which is a wetland. Poor management of household waste around the watershed can cause various problems, both environmental and public health problems. The purpose of this study is to analyze household management in settlements around the watershed of Ibul Besar II Village. This study is a qualitative study. The informants in this study consisted of 7 key informants and 5 ordinary informants who were selected using the purposive sampling method. Data collection was carried out by in-depth interview, observation and documentation (photovoice). The study results show that efforts to eliminate household waste are still very minimal. Four out of six housewives reuse used buckets. However, only two out of six housewives doing recycle. Household waste is not sorted into five types. The collection and transportation of household waste doesn’t meet the requirements due to the unavailability of TPS or TPS 3R, waste cart and limited waste transportation. The household waste is burned and also the waste is not processed. It can be concluded that household waste management in settelements around the watershed of Ibul Besar II Village has not met the requirements in accordance with Republic of Indonesia Law Number 18 of 2008 and Republic of Indonesia Government Regulation Number 81 of 2012. Â

Analisis Putusan Pengadilan Negeri Kelas I A Kota Bekasi No. 266/PDT.G/2023/PN.BKS Tentang Wanprestasi

This journal examines the decision of the Bekasi District Court in civil case number 266/Pdt.G/2023/PN.Bks involving a contract dispute between PT Annisa Bintang Blitar and PT Berkat Putra Mandiri. The analysis includes the legal basis used by the judge, the considerations in the decision, and the impact of the decision on civil law in Indonesia. Because this case involves a contract dispute between two companies regarding the implementation of contractual obligations and compensation. The method of writing that will be used is the method of statutory approach and literature study of secondary data by means of an inventory of secondary legal materials, secondary legal materials used are in the form of scientific papers, journals, articles, and literature related to the agreement.

Beyond Confinement: A Legal Exploration of the Rights of Vulnerable Groups in the Indonesian Correctional System

The Indonesian correctional system, while tasked with upholding justice, grapples with the challenge of safeguarding the rights of vulnerable groups within its confines. This study delves into the legal framework and practical realities concerning the rights of these groups, encompassing women, children, the elderly, and individuals with disabilities, within the Indonesian prison system. The research employs a hybrid methodology, integrating normative legal analysis with empirical insights gleaned from interviews and case studies. The normative legal analysis scrutinizes pertinent laws, regulations, and international human rights instruments to gauge the extent of legal protection afforded to vulnerable groups in the correctional context. The empirical component, through interviews with correctional officers, inmates, and legal experts, sheds light on the lived experiences of these groups and the practical implementation of their rights. The study reveals a complex interplay between legal provisions and ground realities. While Indonesian law enshrines the rights of vulnerable groups, their actualization within the correctional system faces formidable obstacles. Overcrowding, inadequate healthcare, and limited access to rehabilitation programs disproportionately impact these groups, hindering their reintegration into society. In conclusion, our study underscores the imperative of bridging the chasm between legal safeguards and their practical implementation. It advocates for targeted interventions, including enhanced healthcare provisions, specialized rehabilitation programs, and heightened sensitivity training for correctional staff, to ensure the holistic well-being and successful reintegration of vulnerable groups within the Indonesian correctional system.

Memahami Pernikahan Beda Agama& Kedudukan Surat Edaran Mahkamah Agung (SEMA) dalam Struktur Hukum Positif di Indonesia

The issuance of Supreme Court Circular Letter Number 3 of 2023 has caused anxiety for prospective bride and groom couples who are going to have an interfaith marriage in Indonesia. According to positive Indonesian law according to Marriage Law number 1 of 1974 which was later updated with Law Number 16 of 2016, a marriage is declared valid if it is carried out according to the laws of one's religion and beliefs and each marriage is recorded according to the applicable statutory regulations. This service is entitled Understanding Marriage between different religions and the position of the Supreme Court Circular Letter in the structure of positive law in Indonesia by selecting the problem of whether it is possible to marry between different religions, what are the legal consequences for brides and grooms who marry between different religions. This service is carried out with a sociological approach and the delivery is carried out live stemming because it is adjusted to developments that occurs in society. By using secondary data and it will be presented clearly about the phenomenon of interfaith marriages, from the data collected and analyzed in a descriptive manner, the results will then be presented in the form of a talk show. From the implementation of the talk show, it is known that the community and congregation feel that there is discrimination against religiou

Manajerial Keuangan dalam Pengelolaan Pajak berlandaskan Sistem Informasi Akuntansi pada Perusahaan Swasta di Semarang

This study analyzes financial management in a private company in Semarang through information management systems in payroll administration. The data were divided into five categories: general, finance, accounting, sales administration, and accounting. The analysis method used was information system analysis with five steps, including monitoring, business processes, task delegation, independent verification, and capture procedures. The business process involves several entities in the application of VAT, Income Tax Article 21, and Income Tax Article 23. The delegation of tasks is considered ineffective because the number of employees is not proportional to the volume of work, which has a negative impact on the company's revenue. Supervision is carried out by the payroll department to ensure data accuracy. Supporting factors for the use of information management systems include information technology, user-friendly systems, top management support, and employee expertise. Conversely, inhibiting factors include lack of funds, declining number of tax employees, and ineffective division of tasks. An independence verification process was also conducted to ensure compliance with the prevailing tax laws in Indonesia.

Passing the Sexual Violence Crime Law in Indonesia: Reflection of a Gender-Sensitive Parliament?

After a decade of deliberation, the draft sexual violence eradication bill was finally passed by the Indonesian parliament on 12 April 2022, enacted as the Sexual Violence Crime Law (<em>Undang-Undang Tindak Pidana Kekerasan Seksual</em>). The draft, which was first initiated by the National Commission on Violence Against Women (<em>Komnas Perempuan</em>) and later adopted as a parliamentary initiative, sparked controversy both inside and outside parliament. This article aims to describe the law-making process and identify the critical actors and acts as well as institutional responses that led to the passing of the law. It considers whether the experience can be interpreted as a reflection of a gender-sensitive parliament. Using a qualitative research approach, we identified critical actors and various responses from the parliament as an institution in responding to the dynamics of resistance and encouragement for the draft law to be passed. Our research material consists of interviews, news articles, and official document data. We found that critical actors and actions are key in the law-making process along with strong political will and collaboration between lawmakers, government representatives, civil society organizations, and the media, but the passage of this legislation alone does not fulfill the full requirement of a gender-sensitive parliament.

Initiating the Reform of Principle Norms in the Formation of Laws in Indonesia

The formation of responsive laws is an ideal form and a must in a country that adheres to democracy, the involvement of the community in the formation of laws and regulations is a form of implementation of democracy and popular sovereignty, so far the principles of the Formation of Legislation are regulated in Article 5 of Law Number 12 of 2011, but these principles are still formally operational and are considered unable to provide space for the community in conveying input that needs to be fulfilled in the mechanism of forming laws, so there needs to be an update on the principles of its formation. This research aims to find out how the idea of updating the norms of principles in the formation of laws in the future, the method in research uses legal research methods through approaches, data analysis is descriptive qualitative statute approach, conceptual approach, and case approach. the results of the study show that the formation of laws and regulations must certainly begin with a response to the existence of a legal problem that develops in society and there must be a regulatory solution, so that the formation of laws and regulations is not always based on political interests, certain groups or other interests, it is to avoid overregulation. The concept of responsiveness becomes urgent to be prioritized as a new norm of principles in the formation of good laws and regulations, because it can provide a two-way space between the legislator and the public quickly. the concept of responsiveness becomes a new idea in the new norm of the principles of good law formation, which has the character of strengthening the root foundation of the principle of openness and as a supporter (supporting) to the provisions of Article 96 Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Formation of Legislative Regulations.

The Humanitarian Tragedy of "Wadas and Rempang Island" Forms of Neo-Colonialism and New-Style Neo-Capitalism and the Collapse of Law in Indonesia

<em><span lang="EN-US">The clash on September 7, 2023, between Rempang residents and security forces (POLRI, TNI), which ended with the arrest of 43 residents, mirrors the conflict that occurred between the residents of Wadas Village, Bener Subdistrict, Purworejo Regency, Central Java, and the Central Java Regional Government on February 8, 2022. The violence perpetrated by security forces against the residents of Rempang Island occurred when the company, escorted by security, unilaterally staked out Malay customary land in 16 traditional villages on Rempang and Galang Islands in the Riau Archipelago, covering an area of 17,600 hectares. This included 10,028 hectares of protected forest, or about 45.84% of the total land area, which they had occupied since 1834. According to the head of Batam Concessionaires (BP), Muhammad Rudi, the Eco City development plan has been underway since 2004. At that time, PT. Makmur Elok Graha and Xinyi Glass Holding Ltd. (July 2023), the exclusive rights holders, became the private entities partnered with the government (September 12, 2023), receiving an 80-year concession from the government. The government's actions of land seizure and violence demonstrate a form of power arrogance that tends toward abuse of power, under the pretext of protecting a 381 trillion investment, while ignoring the rights of citizens as stipulated in the 1945 Constitution and the Basic Agrarian Law. The government's actions represent forms of Neo-Colonialism and Neo-Capitalism occurring during the Jokowi administration. This situation underscores that the law is no longer equal; the law has collapsed, becoming merely a symbol that only favors power.</span></em>

INDONESIAN FINANCIAL LAW: HISTORY AND RECENT DEVELOPMENT

The economic system and political regimes in most cases affect major changes in the financial laws of the state. Indonesia, the big country that gained its independence in 1945, had a long journey of financial struggles and challenges, particularly in the political regimes that divided into the Old Regime, the New Regime, and the Reformation Era. The objectives of this paper try to examine how Indonesia's economic system affects the state's financial policies described in legislation. Other objectives are the development of financial law in Indonesia based on the period divisions with historical perspectives. With normative legal research, this study will analyze several sources of laws and regulations on financial policies throughout the historical periods of Indonesia. In conclusion, Pancasila, and Article 33 of the Indonesian Constitution 1945 become economic constitutions that form the basis of financial policies of Indonesia. Moreover, the politics of the ruling regime strongly influenced financial law policies in Indonesia. The characteristics of monetary law changed based on the transfer of legal politics during the Old Order, New Order, and Reformation era

The Application of Rehabilitation Sentences for Narcotics Addicts (Case Study of North Jakarta District Court Decision Number 115/Pid.Sus/2023/PN Jkt. Utr)

The crime of narcotics offenses is considered an extraordinary crime. Law Number 35 of 2009 concerning Narcotics, Article 1 point 13, states that a Narcotics Addict is a person who uses or abuses Narcotics and is in a state of dependency on Narcotics, both physically and psychologically. Narcotic rehabilitation is one of the efforts to save addicts from the shackles of narcotics and the dangers that accompany them. There are three stages of narcotic rehabilitation in Indonesia: medical rehabilitation, non-medical rehabilitation, and advanced rehabilitation. The problem formulation in this study is how the rehabilitation punishment for narcotics addicts is applied and how the analysis of the considerations of the Panel of Judges of the North Jakarta District Court in imposing rehabilitation sanctions in decision number 1151/Pid.Sus/2023/PN Jkt.Utr. The type of research in this legal research proposal is normative legal research, focusing on the applicable legal norms, namely positive legal norms in the form of legislation. The results of the study show that the provisions for rehabilitation for narcotics addicts are stipulated in Articles 54 and 127 of Law Number 35 of 2009 concerning Narcotics. Meanwhile, the classification of user groups is regulated in the Circular of the Supreme Court No. 4 of 2010 concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts in Medical and Social Rehabilitation Institutions. The judge's basis for sentencing the Defendant to undergo treatment and/or care at a medical/social rehabilitation institution refers to the provisions of Article 103 jo Article 127 paragraph 2 jo Article 54 of the Republic of Indonesia Law No. 35 of 2009 concerning Narcotics jo Circular of the Supreme Court of the Republic of Indonesia No. 4 of 2010 dated April 7, 2010, concerning the Placement of Abusers, Victims of Abuse, and Narcotics Addicts into Medical and Social Rehabilitation Institutions, as well as other legal facts revealed in the trial.

Implementasi Teori Hukum Keadilan Bermartabat Dalam Hukum Investasi

Investment plays a crucial role in the economic development of a nation and the welfare of its people. Investment law governs the norms and regulations that encompass the possibilities, requirements, protections, and directions of investment to achieve such welfare. In the context of Indonesia, economic development and societal well-being are regulated by the Constitution, with the government having legislation that regulates both domestic and foreign investment. The theory of dignified justice, based on the values of Pancasila, serves as a fundamental principle in investment law, aiming for absolute justice, fair certainty, and utility as primary objectives. A case study on investment fraud in the mining sector illustrates the application of dignified justice theory in legal practice. This research aims to analyze the implementation of dignified justice theory in investment law in Indonesia, focusing on the principles of investment and case studies of investment fraud. The research method employed is juridical normative and literature review. The findings demonstrate that dignified justice serves as the main guideline in upholding the law and providing certainty for economic actors. Dignified justice reflects how the law addresses injustice, with the hope that existing regulations ensure fair certainty for all parties. Thus, investment law in Indonesia embraces the principle of dignified justice to bring about shared prosperity within society.

The Readiness for Privacy Compliance in Indonesia Before October 2024

Privacy law in Indonesia is stipulated in Law No. 27 of 2022 will be fully effective on 17th October 2024. The duration of 2 years adjustment will be ended and many institutions and companies are preparing for compliance. The PDP Law was prepared to empower data privacy by applying to all companies that process the personal data of Indonesian citizens. This law refers to European privacy law: GDPR. Currently, the Indonesian government is preparing a Government Regulation as a derivative regulation of the PDP Law. In this article, the author will explain the most important parts and topics regarding this regulation as well as an assessment of its actual results and impact. Many government institutions are not ready to comply with this PDP Law. On the other hand, the financial industries, like banking as well as e-commerce, are already preparing a good privacy governance in facing fully applied PDP Law before October 2024.

The Development of Indonesian Marriage Law in Contemporary Era

Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires immediate revision due to its outdated nature and inability to address contemporary issues pertaining to marriage. Consequently, there are numerous provisions within the Marriage Law that require amendment or addition. For instance, there is a need to introduce more robust penalties for those who violate the Marriage Law, whether they are involved in interfaith marriages, same-sex marriages, polygamous marriages, or marriages contracted without the requisite formalities. This study aims to examine the evolution of marriage law in Indonesia and the challenges it has faced. It employs a descriptive qualitative approach with a literature review. The findings reveal that Indonesia's marriage regulation has undergone three distinct phases, each characterised by its own set of issues. Additionally, the country's marriage law has experienced two distinct periods: one following independence and the other following the enactment of Marriage Law Number 1 of 1974.

Pengaturan Pemblokiran Konten Penyebaran Kampanye Hitam Melalui Media Sosial

Social media is regarded as the fifth pillar of democracy. The role of the mass media as the controller of governance and democracy is increasingly recognized and is now regarded as the fourth pillar of the democratic system. However, along with the opportunities that exist, the digital age also poses a serious challenge to democracy. This spread of disinformation can confuse people, empower voters and influence their choices. Another challenge is black campaign attacks of false information or hoaks, insults and slander aimed at political opponents to knock each other down, carried out through social media. Starting from the issue, the author tried to analyze and describe further about the blocking of the spread of black campaign content through social media. This research is conducted in a normative jurisprudence, that is, by looking at the problem through the legal principles contained in Indonesian law. In article 280 (1) letter c of the Election Act, which regulates the prohibition of campaigns in elections, the rules on black campaigns on social media are not comprehensively written and do not have a clear definition. According to Article 40 (2) of the Electronic Information and Transactions Act, the Government is obliged to prevent the dissemination and use of Electronic information and/ or electronic documents that have a prohibited load in accordance with the provisions of the regulations of the laws. However, this blockage can only be made against Electronic info and/or electronic documents which have illegal content, and does not include the termination of Internet network access as a whole. To offset the possibility of Internet abuse, the government has established a Internet Restriction Policy. By limiting the use of media, i.e. blocking and filtering websites or social media, surveillance, forced deletion of content, thorough blocking of social media on platforms and other communications information technologies.

The Relationship Between Islamic Law and Positive Law of Indonesia and Recht Customs

The relationship between Islamic law, Indonesia's Positive Law, and customary law so far, when viewed in terms of implementation, sometimes has not been found, but nevertheless, the law of the potion has become a measure of national law for the citizens of the community, including Muslims or cultures in the territory of Indonesia. The formation of positive law is primarily influenced by the values contained in the teachings of Islam so that several regulations are legitimized in the Indonesian legal system, including marriage law, waqf, and hajj, as well as some customary laws included in the compilation of Islamic law and Indonesia legal system. This study uses a literature research method that approaches the supporting books in this paper. It is hoped that the synergy of the three legal systems can continue to harmonize as a form of diversity and create harmony between citizens. The result of this research was The correlation between Islamic law, Indonesia's positive law, and customary law, and shows how these three legal systems interact and influence each other. Harmonious integration between these three legal systems is important to create a fair and effective legal system in Indonesia.

Civil Implications of Monopoly Practices in Business Competition Law in Indonesia

Monopoly practices present substantial challenges to both civil rights and economic equity in Indonesia. This article provides a comprehensive analysis of the civil implications of monopolistic behavior within the context of Indonesian business competition law. The study delves into the multifaceted impacts of monopolies on market dynamics, consumer rights, and overall economic health. It is evident that monopolistic practices distort market fairness by limiting consumer choices, inflating prices, and diminishing the quality of goods and services. These adverse outcomes highlight significant violations of civil rights, particularly in restricting individuals' freedom to make informed and free choices in the marketplace. The legal framework in Indonesia, while foundational, often lacks the robustness required to effectively address the sophisticated nature of modern monopolistic strategies. The effectiveness of these laws is crucial in curbing monopolistic behavior and ensuring fair market conditions. Through a detailed examination of existing regulations and their enforcement, this article identifies key areas where legal improvements are necessary. It advocates for a more comprehensive policy approach and enhanced regulatory mechanisms to safeguard against the civil and economic repercussions of monopoly practices. Furthermore, the economic implications of monopolistic practices are discussed, emphasizing how they contribute to market inefficiencies and economic disparities. By concentrating market power, monopolies not only stifle competition but also create barriers to entry for smaller businesses, thereby hindering innovation and economic growth. The article concludes with recommendations aimed at strengthening Indonesia's legal and regulatory framework to better protect consumer rights and promote a more equitable economic environment.

Formulation of Online Dispute Resolution in Realizing Fair Industrial Relations Dispute Settlement: A Comparative Study

Although alternative method exists as stipulated in Article 3 paragraph (1) and Article 4 paragraph (3) of the Industrial Relations Dispute Settlement Law, in fact, the dispute resolution in Indonesia’s industrial relation has been focusing on litigation mechanisms. However, litigation is not the best way to fulfill both disputing parties’ desire for justice as the output is win-lose. As such, alternative method exists, puts forward the ‘win-win’ solution. Nonetheless, the current legal framework only sets the clear rule of the aforementioned alternative method to be conducted in person, despite the global pandemic Covid-19. Accordingly, ODR is established to enable virtual procurement. This article will analyze the conception and benefits of online dispute resolution, its implementation gaps in the context of industrial relations dispute resolution, and its regulatory formulation to gain legitimacy in Indonesian law. Applying normative legal research, this article uses statutory, conceptual and comparative approaches. From the research conducted, it is indicated that online dispute resolution is technically superior as it is simple, fast, and low in cost. Even under the Industrial Relations Dispute Settlement Law, its application is feasible, specifically through mediation and conciliation. In Indonesia, implementation of online dispute resolution is possible by amending the Industrial Relations Dispute Settlement Law, considering the prioritization of alternative dispute resolution based on practices in Cambodia, Spain, and ILO Guidelines, as well as the superiority of online dispute resolution based on practices in the United States and UNCITRAL Technical Notes.

Islamizing Environmental Law in Indonesia; Rethinking the Green Fatwa

The enforcement of environmental law in Indonesia is inseparable from the existence of laws regulating the environment. However, the said law and its enforcement fail on a large scale to ask people to participate positively in environmental protection and conservation. The failure to apply and enforce the law has inspired many activisms to look at Islamic principles as the potential value to help the protection of the environment. In Indonesia, green fatwas have also been enacted to help address the issues. While many articles and academic works begin to propose Islamic environmentalism, this article goes even further by proposing the Islamization of environmental legislation. As a doctrinal study, this article relies on legal material related to the topic of green fatwas and environmental law. To sharpen the analysis, this article also employs social engineering theory. This article demonstrates dualism between the green fatwas and environmental law has resulted in the failure to attract people’s compliance. Therefore, the article recommends that assimilation between the green fatwas and the environmental law be made in the future politics of law concerning environmental law.