Indonesian Law Research Articles

Pembuktian Kasus Hukum Perkawinan

This study discusses the issue of marriage according to civil law in Indonesia, especially related to the importance of marriage registration to ensure the validity of marriage and the legal impact arising from unregistered marriages. This study aims to identify relevant legal provisions in marriage cases, especially those related to unregistered marriages, otherwise known as sirri marriages. The method used in this study is normative juridical, with secondary data from literature studies. The results of the study show that unregistered marriages have the potential to cause various legal problems, both for married couples and children born from the marriage. The conclusion of this study emphasizes the importance of marriage registration as formal and legal evidence that protects the civil rights of husband and wife and children born from a valid marriage.

Pernikahan Sesama Jenis: Tinjauan Hak dan Kewajiban Berdasarkan Undang-Undang Perkawinan

In the context of Indonesian law, marriage is defined as a bond between a man and a woman, which explicitly closes the possibility of recognition of same-sex marriage. In the midst of international developments that increasingly recognize the rights of same-sex couples, Indonesia still maintains a conservaative view influenced by religious and social norms. This study aims to analyze Indonesia’s Law No. 16 of 2019 on Marriage in the context of the rights and obligations of married couples and whether there is potential recognition for same-sex marriage in Indonesia. The law defines marriage as a union between a man and a woman, excluding the possibility of recognizing same-sex marriages. The study employs normative legal research with legislative and conceptual approaches. The findings reveal that provisions such as the minimum age for marriage, dispensation, and marriage authorization are only applicable to heterosexual couples. The rights established in the law, including protection from violence and access to healthcare, do not cover same-sex couples due to the absence of legal recognition. The conclusion emphasizes the existing inequality in access to civil rights in Indonesia, particularly for the LGBT community. While challenges remain from conservative social and religious norms, discussions on potential future revisions to marriage law remain open, particularly within the framework of equality and non-discrimination.

Revisiting the history of colonialism and international law in Indonesia: the legacies of G. J. Resink

Power is exercised through truth claims, as seen in the case of Dutch colonialism in Indonesia. Gertrudes Johan Resink, a scholar of international law, successfully exposed the history of Dutch colonialism in Indonesia and demonstrated the pre-existence of international law before European expansion by considering the role of international law in Indonesia’s history. This article examines Resink’s legacy and the potential for elaborating further on his ideas in Indonesia’s history of international law. Although this article deals with a specific context, the Indonesian experience can contribute to the history and development of international law in the region more generally.

Study of Supreme Court Decision Number 2580 K/Pdt/2016 on Divorce from Mixed Marriage between Indonesian and French Citizen

This research examines the legal aspects related to divorce in mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA). In the context of marriage, which is a fundamental event in human life, the issue of mixed marriage is becoming increasingly relevant as interactions between countries increase. This research focuses on analyzing the Supreme Court's decision in Decision Number 2580 K/Pdt/2016, which dealt with a divorce between an Indonesian citizen and a foreigner from France. Using normative legal methods, this research explores the legal norms governing divorce in mixed marriages and assesses the consistency of the applicable law in Indonesia. The findings show that there are legal complexities at hand, especially regarding jurisdiction and children's rights, where the Supreme Court's decision has the potential to influence the handling of similar cases in the future. This research is expected to provide insight into the challenges of the Indonesian judicial system in dealing with international divorces as well as the legal implications resulting from the decision.

Child Grooming (Technology-Based Sexual Harassment) in the Context of Indonesian Law

Child grooming is a form of sexual harassment that continues to develop because sexual harassment is often carried out directly by the perpetrator, and is often carried out through social media. The perpetrator manipulates Child Grooming by being kind and attentive so that the child believes that the person he has just met is a good person. In Indonesia, Child Grooming is a new type of crime, and is based on existing regulations. The method used in this study is normative legal research. The approach in the research utilizes a legislative approach. The legal materials used in this study are primary legal materials, secondary legal materials, and tertiary legal materials. In the normative law research that is being carried out, the data collection method is by conducting a bibliographic study. The act of Child Grooming is a form of sexual crime that uses minors as targets. Although the Child Protection Law has regulated the protection of children, the existing articles are still limited in regulating obscene acts in general. And in the regulations in Indonesia there are 10 rules or articles that can be imposed on Child Grooming perpetrators.

Troops Preparation Policy On A World Peace Mission

Indonesia’s involvement in peacekeeping missions has long been a key part of its foreign policy, contributing to world peace as outlined in Republic of Indonesia Law Number 37 of 1999 concerning Foreign Relations. This study aims to analyze the government's policy implementation regarding troop preparation for world peace missions, particularly in relation to Indonesia's role as a Troops Contributing Country (TCC) to the United Nations (UN). The research utilizes a qualitative descriptive approach to understand the intricacies of the troop preparation process through George Edward III's policy implementation model, which emphasizes the importance of disposition, communication, resources, and bureaucracy. Data were collected through document analysis, interviews, and observation of relevant practices in Indonesian military operations. The findings highlight that the personnel selection process for peacekeeping missions is highly structured, requiring compliance with rigorous standards set by both the Indonesian government and the UN. The pre-deployment training, supervised by the TNI (Indonesian National Army) Headquarters, ensures that selected personnel are adequately prepared for their assignments. This comprehensive preparation includes mental and physical readiness, as well as the necessary technical and language skills. The results also emphasize the importance of strong inter-agency coordination, particularly between the Ministry of Defense and the Ministry of Foreign Affairs, to ensure the success of these missions. Furthermore, the study reveals that budgetary and resource constraints remain significant challenges in sustaining peacekeeping operations. In conclusion, Indonesia's contribution to global peacekeeping missions underscores the nation's commitment

Pandangan Masyarakat Aceh tentang Penggunaan Ganja

This study aims to explore the views of the Acehnese people regarding the use of marijuana, with a special focus on the perspectives of traditional leaders and clergy in the region. Aceh, known for its strict application of sharia law, has a distinctive view of prohibited substances, including marijuana. This research method uses a qualitative approach with in-depth interview techniques with traditional leaders and clergy as well as literature studies to strengthen their views on the legality, social impact, and moral implications of cannabis use. The results of this study show that medically, marijuana can overcome long-term pain, mental health problems, slow the development of cancer cells, and improve symptoms of epilepsy and multiple sclerosis. However, there are health risks such as mental health problems, testicular cancer, and respiratory diseases if used. In Indonesia law, marijuana is considered a drug with a high addictive effect and is prohibited from use. By teaching the community and working with law enforcement, Acehnese traditional and religious leaders play an important role in preventing marijuana abuse. In general, although marijuana has potential medical benefits, marijuana use in Indonesia must continue to be controlled and restricted to prevent abuse. If the legalization of medical marijuana is discussed, the benefits and risks should be carefully considered, with strict regulation to reduce its adverse effects.

Konsep, Batasan dan Implementasi Penalaran Istislahi dalam Penerapan Hukum Keluarga Islam di Indonesia

New issues and phenomena that require legal certainty also develop along with the development of the times and the social context. The Qur'an and Sunnah, which only contain legal issues implicitly, require mujtahids to dig up the law with several methods, one of which is maslahah mursalah or istislah. This research tries to explore matters related to istislahi reasoning, starting from the concept, and limitations, to its implementation in the application of Islamic family law in Indonesia. This research uses a descriptive method with a critical review. The research results show that maslahah mursalah is basically based on preserving the purpose of syariah by taking benefits and rejecting harm (mafsadah). The limitations of this maslahah are: it is not merely conjectural so that it must produce benefits and reject harm (mafsadah), it is general, and it does not conflict with the principal rules of syara'. Thus, the application of the istislahi method in the formation of law is very necessary to face new problems and phenomena that require legal certainty.

Studi Komparatif Terhadap Pelaku Main Hakim Sendiri (Eigenrichting) yang Menyebabkan Kematian Menurut Hukum Pidana Islam dan Hukum Pidana

The act of vigilantism in Dutch Eigenrichting is an arbitrary act carried out by the community against the perpetrator of a crime by torturing, beating, and even burning the victim which causes injuries and death. This act of taking the law into your own hands has become an act that continuously occurs in people's lives. This action creates new problems and also violates human rights where perpetrators of crimes have the right to receive defense by the authorities and be punished according to established regulations. In Islamic criminal law (jinayah) the act of taking the law into your own hands is included in the act of semi-intentional murder (al-qatl Syibh al-'Amd) where the sanctions for this act are diyat, kiffarat and additional punishment. In positive criminal law, the Criminal Code explains in articles 351-358 about abuse and the forms of this act. The problem in this research is the determination of the sanctions for vigilantism perpetrators in Islamic criminal law and positive criminal law, as well as the distinctions between the two legal systems. A normative method is employed in this research, which involves the examination of books, scientific works, and legislation that are pertinent to the issue. This research discusses “how the firmness of law in Indonesia regulates perpetrators of vigilante actions that cause death, and a comparison with Islamic criminal law which is the majority religion in Indonesia”.

Considering state administrative decrees (SAD) by artificial intelligence from the transparency principle in Indonesia (Case study: The ministry of law and human rights of the republic Indonesia)

Artificial Intelligence (AI) has now touched the realm of government, such as in the creation of State Administrative Decrees (SAD/Keputusan Tata Usaha Negara/KTUN). The involvement of AI in this realm leaves questions regarding the application of its transparency aspects based on the Indonesian legal context. This article aims to understand the phenomenon of using AI for SADs in Indonesia and to find out the application of the principle of transparency generally and contextually in terms of using AI for SADs. This research is normative-empirical research with a conceptual and statutory approach by conducting literature studies and respondent interviews. As a result, SADs as a product of government administrative action in several cases have been using AI and have received normative recognition. On the other hand, there is legislation that regulates the general aspects of SAD transparency, especially related to public information openness and personal data protection. AI transparency itself can be divided into two concepts, namely: technical transparency and justifiable transparency. Justifiable transparency is considered more convenient and suitable to be applied in Indonesia.

Flexibility and Adaptation of Contract Law

This study aims to explore the differences in the flexibility and adaptation of contract law in Indonesia which adheres to the civil law system and Singapore which is based on common law, as well as its implications for modern business. Contract law in Indonesia is still heavily dependent on the Civil Code (KUHPerdata), which dates back to the colonial era and has not undergone significant updates. This has led to stiffness in the implementation of contracts, especially in fast-growing business sectors such as digital technology. In contrast, Singapore has adopted a common law system, which is more flexible and able to adapt to changes in the economy and international business dynamics through the use of precedents. In a business context, flexibility and legal adaptation are essential because contracts often have to adapt to new emerging needs, including changes in technology, regulations, and market conditions. This study uses a normative juridical approach with a comparative method, examining laws, court decisions, and related academic literature. The case study of business contracts between Indonesian and Singaporean companies in the technology sector is also used as a study material to provide a practical view of the effectiveness of each country's legal system in facing contemporary business challenges. The results show that Singapore excels in contract flexibility due to the use of precedents that allow for legal adjustments without the need for formal legislative changes. On the other hand, contract law in Indonesia is often unable to keep up with rapid developments due to rigid and outdated regulatory limitations. This difference has an impact on the speed and efficiency of contract dispute resolution in both countries, with Singapore being able to resolve disputes more quickly through a more responsive system. This study concludes that to increase competitiveness in the global economy, Indonesia needs to reform the Civil Code to be more flexible and adaptive like the one implemented in Singapore. These recommendations are important to ensure that Indonesia can create a more competitive business environment and support innovation, especially in the ever-evolving digital era.

TAQNIN FIKIH : Transformation of Marriage Law in Indonesia

Indonesia has a pluralist background, so realizing one rule accommodating all interests is a challenge. Among them is the unification of the rules on marriage. The purpose of this study is to explore historically the growth and development of taqnin from time to time, taqnin of marriage law in Indonesia, the legality of post-taqnin marriage law, challenges and opportunities, and challenges of taqnin. This literature research method uses quantitative with an exploratory analysis approach, namely analyzing fikih munakahat products transformed into positive law. Data processing by managing library materials (library research). Secondary data sources are Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI) and books and articles based on OJS (Open Journal System). Techniques for analyzing the data obtained were exploratory and descriptive analysis using the techniques of reduction, display, and verification. The results showed that, based on historical aspects, taqnin had been pursued since the abasiyah daulah but has experienced ups and downs in its implementation. Second, The transformed legal product is dynamic. Third: Munakahat jurisprudence has gone through the process of taqnin to have the legality of state law, so it becomes the primary source in marriage issues. Fourth: The opportunities and challenges faced are internal and external.

Dinamika Hukum Administrasi Negara Terhadap Mekanisme Kontinuitas Kebijakan di Masa Peralihan Kekuasaan Presiden

Transitions of presidential powers often create policy uncertainty, which can disrupt the stability of the administration of government and violate the principle of legal certainty. State administrative law, as the main instrument in maintaining policy stability, has not been fully effective in ensuring policy continuity in Indonesia during the transition of power. The study aims to analyze the role of state administrative law in maintaining the continuity of public policy during the presidential transition of power. Using normative legal research methods, the study analyzed various regulations, such as Law Number 30 of 2014 on Government Administration, as well as conducting comparative studies with administrative legal systems in the United States and Germany. The results show that, despite efforts to provide a clear legal foundation for policy continuity, implementation on the ground is still weak, especially in terms of oversight and policy evaluation procedures. Countries such as the United States and Germany have succeeded in creating systems that allow policy continuity during the transition of power through stronger oversight mechanisms and transparent evaluations. The implication of this study is the need to reform administrative law in Indonesia, by adding more specific regulations to ensure policy stability and protect public interests during the transition of power.

The Rhetorical Model of Indonesian Research Article Introductions (RAIs) in the Law Discipline: Problems and Opportunities

The issue of internationalizing academic works into English Scopus-indexed journals has been becoming a growing concern in Indonesia in the last few years. However, investigating rhetorical models of local research articles is still very limited in the Indonesian context to date, while finding this foundation that underpins the global issue may overcome and create awareness for Indonesian academics for the likelihood of publishing their academic papers into reputable journals. This paper attempted to investigate the rhetorical model of Indonesian Law RAIs because none has investigated it in this selected discipline. The purpose is to discover whether or not it is different from earlier findings in English and Indonesian models. The data in the present study are 15 Indonesian Law RAIs published in accredited Science and Technology Index journals (SINTA 2). For the analysis, the study employed a genre-based study using two rhetorical models as primary code analysis. The results revealed that the Indonesian Law RAIs in the present study have a different rhetorical model from the English model, the CARS model. The main difference is the ways of establishing a niche. This finding implies that it may become an obstacle for Indonesian authors in this discipline, on the one hand, but may become an opportunity for them to publish their academic works in reputable journals, on the other hand.

Legal Discovery of Religious Court Judges in Marriage Itsbat Cases: An Effort to Reform Marriage Law in Indonesia

Marriage as the foundation of the family has an important position in society, but problems often arise regarding marital status, especially in itsbat of marriage cases. This study aims to identify and analyze the legal findings of Bandung Religious Court judges in itsbat of marriage cases, as well as the extent to which these legal findings contribute to the reform of marriage law in Indonesia. This research uses normative legal research methods with a legislative approach and case studies, primary and secondary data obtained from itsbat of marriage decisions, books, and journals that have the same discussion as this research. The results showed that the Religious Court judge in deciding the itsbat of marriage case had made various efforts to provide fairer legal protection for the parties who filed the application. The resulting legal findings, such as the application of the precautionary principle in assessing evidence, considering aspects of material justice, and providing innovative solutions in complex cases, have contributed significantly to the development of marriage law in Indonesia. However, there are still some challenges that need to be overcome, such as limited access to evidence and legal uncertainty in some aspects. Therefore, further efforts need to be made to improve the regulations and mechanisms for resolving itsbat of marriage cases, so as to provide legal certainty and justice for all interested parties.

Shifting Paradigms: The Controversy and Complexity of LGBTI Protection in Indonesia as the Biggest Muslim Country

The existence of Lesbian, Gay, Bisexual, Transgender, and Intersexual (LGBTI) as a legal subject in a religious community like Indonesia is very problematic. When religious values control a community, the members will use their holy books to measure whether any commotion or condition is tolerable. Collisions between the law of religion (such as Sharia Law of Muslims) and national law are sometimes unavoidable. Most conservative religious values may not protect and acknowledge the existence of LGBTI people, while national law must recognise the ratified international conventions, especially regarding human rights. It creates a different treatment between national law and religious law. Protection of the rights of LGBTI in Indonesia is barely reported. This study will be important to share how Indonesia copes with LGBTI legal problems and protections. The method of this study is a juridical normative study, by evaluating Indonesian positive law, the living law ruled by the Indonesian Court Decrees, and any decree or decision made by Indonesian executive and judicative bodies, which become the basis for determining the existence of rights and protections of LGBTI people. Classification of the protection from various sectors of laws will be identified, to conclude the protection level of LGBTI people in Indonesian law. Keywords: LGBTI; Indonesia; Positive law; Religious values.

Law Enforcement of Corruption Crimes: Theoretical Study of the Restorative Justice Approach

The problem to be described in this research is how to handle criminal acts using a restorative justice approach that is practiced in the Indonesian criminal justice system and how is the concept of restorative justice applied to criminal acts of corruption in Indonesian law? The approaches used by the author in this research are the statutory approach, case approach, historical approach, comparative approach and legal conceptual approach. The results of the research found that handling criminal acts using a restorative justice approach which is practiced in the Indonesian criminal justice system has become a new method for resolving criminal cases. This model places greater emphasis on conditions for creating justice and balance for criminal perpetrators and their victims. This model has now been implemented in the criminal justice system in Indonesia. Indonesia. This model continues to be developed and implemented in the criminal justice system in Indonesia to achieve the goals of justice, certainty and benefit because the focus of the approach in restorative justice focuses on justice for victims and perpetrators, so that the function of law is not only as certainty for society but also as justice and benefit to the community in line with local wisdom in resolving criminal cases. The application of the concept of restorative justice in criminal acts of corruption in Indonesian law is through the return of all proceeds from criminal acts of corruption along with all forms of profits which are carried out at the stage before the investigation is carried out, during the investigation, during the investigation up to the stage of examination in court. The application of restorative justice has not been specifically regulated in corruption legislation in Indonesia, however circular letters have been issued in several law enforcement agencies which regulate the application of restorative justice in criminal acts of corruption which prioritizes deliberation to return all the proceeds of criminal acts of corruption.

The Criticism of Land Procurement Law to Improve Landowners Welfare in Indonesia

The Indonesian Land Acquisition Law serves as a crucial legal instrument in facilitating national development. However, the implementation of this law often gives rise to criticism, particularly with regard to the welfare of landowners whose property is acquired for the public good. This article seeks to provide a critical analysis of the implementation of the Land Acquisition Law in Indonesia and its impact on the welfare of landowners. The methodology employed is a literature review that examines previous research, related legislation, and cases of land acquisition implementation. The findings indicate that, despite the law's objective of enhancing welfare through fair compensation, there are still shortcomings in its implementation that result in injustice to landowners.

Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.

UNVEILING THE LEGAL COMPLEXITIES SURROUNDING DUAL USE OF CHEMICAL IN GLOBAL AND INDONESIAN CONTEXTS

The use of white phosphorus as a weapon is highly dangerous, causing direct physical damage to victims and environmental harm. White phosphorus is just one of many dual-use chemicals that have industrial benefits but also pose significant health and environmental risks. This situation leads to violations of fundamental human rights. This study discusses the legal complexities related to the use of dual-use chemicals in both global and Indonesian contexts, with a focus on Indonesia’s Health Law No. 17 of 2023. The research aims to identify legal gaps in the regulation of hazardous chemical use, from both international and national perspectives, and to provide recommendations for improving national regulations to better protect the public from the threats posed by dual-use chemicals. This study uses a normative legal approach with descriptive-analytical methods. It evaluates the gaps between national and international regulations on dual-use chemicals and the practical impact of these differences on public health protection in Indonesia. The study finds significant gaps between national and international regulations, particularly in terms of oversight and regulation of dual-use chemicals. The implementation of current health laws in Indonesia remains weak. International regulations are stricter, but they have not been fully integrated into national policies, resulting in gaps in public health protection from the threats posed by these chemicals.