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Fauziah Lubis; Tazkiya Asri Syam; Liza Fauzanti Sagala; Anggina Elsa Ritonga; Lusi Febriani +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the legal remedies for denial of default in the civil procedural law system in Indonesia. The main problem raised is how the denial mechanism can provide legal protection for defendants who are not present at the trial, and how the application of denial in judicial practice is related to the principle of fair and speedy trials. The background of this study is based on the phenomenon of many civil cases being decided by default due to the absence of the defendant, which then leads to the submission of denial as a means of protecting the defendant's rights. The research method used is normative juridical with a statutory approach and case studies. Data were obtained through a literature study of laws and regulations, court decisions, and relevant literature, and analyzed qualitatively. The results of the study indicate that denial is an important legal right for defendants to defend themselves against unilaterally imposed decisions. However, in practice, the implementation of denial is often hampered by administrative factors, the defendant's ignorance of their rights, and different interpretations by law enforcement officers regarding the deadline for submitting denial. Therefore, it is necessary to strengthen regulations and socialize the mechanism of verzet so that the principle of justice in the civil trial process can be realized optimally.    

Muhammad Aufa Rifqi; Muhammad Hilman Fitradinova; Muhammad Azka Adib Mukhtari; Heri Setiawan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This article examines the representation of Islamic culture through historical collections at the Sri Baduga Maharaja Museum in Bandung. It aims to analyze how artifacts such as momolo, Islamic glass paintings, and manuscripts like Serat Yusuf, Babad Banten, and Babad Cirebon reflect the process of Islamization and cultural acculturation in the Sundanese region from the 16th to early 20th century. This study employs historical methods with a qualitative approach, supported by interviews, direct observation, and literature review. The findings reveal that these collections not only hold historical value but also symbolic and educational significance, illustrating how Islamic values were integrated into local cultural frameworks in a peaceful and organic manner. Nevertheless, the curatorial interpretation of Islamic collections still requires improvement to better convey historical narratives and Islamic meanings in a contextual way to visitors.  

Hendra Abednego Halomoan Purba; Reny Rebeka Masu; Karolus Kopong Medan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The scope of pretrial authority is regulated under Article 77 of the Indonesian Criminal Procedure Code (KUHAP), with an extension of authority introduced through the Constitutional Court Decision Number 21/PUU-XII/2014. The evidentiary process in pretrial proceedings is governed by Article 2 paragraphs (2) and (4) of the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions. However, in practice, petitions for pretrial often address matters beyond this prescribed authority. Moreover, there remains a disparity in judicial reasoning across different judges, particularly with respect to the evaluation of evidence in the determination of a suspect.The legal issues examined in this study are: (1) whether the expansion of the pretrial authority’s scope has led to multiple interpretations among law enforcement officers, and (2) how the evidentiary process in pretrial proceedings aligns with the principle of legal certainty. This thesis employs normative legal research using statutory, conceptual, and case approaches. The findings of this thesis reveal that the expansion of pretrial authority has indeed created multiple interpretations among law enforcement officials, owing to inconsistencies in pretrial decisions that result from judicial discretion. Furthermore, the evidentiary process in pretrial proceedings ought to be limited to the formal aspects of investigative or prosecutorial actions. Nevertheless, certain pretrial rulings have considered the substance and quality of evidence, and even assessed the conduct of the suspect. Such practices undermine legal certainty for justice seekers. Therefore, the Supreme Court should issue more concrete regulations concerning the scope of pretrial and the evidentiary standards applicable in pretrial proceedings.

Anggelina Ikun Sally; Reny Rebeka Masu; Orpa Ganefo Manuain

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Most people do not know the legal basis for resolving traffic accidents that result in death through restorative justice (peaceful, family). Such a wrong public perception will cause great harm to the government's efforts to develop in the legal field, among other things, it can raise confusing questions. This study is a contribution of researchers' thoughts to participate in solving one of the legal problems that have long occurred in society. The research used is juridical-sociological or empirical research with a legal research approach. This research is an in-depth interview. The data collected are verbal and nonverbal. The conversation is recorded in a notebook or recorded with a tape recorder. The data is processed, analyzed and interpreted in a juridical-descriptive manner to explain or describe the data obtained by providing a logical interpretation and confirmed by the opinions of experts. The results of the study indicate that the causal factors or reasons for peaceful resolution or restorative justice of traffic accident cases resulting in fatalities at the Kupang City Police Resort are public legal awareness, public tendency to prioritize peace and family, and police discretionary authority. The practice of restorative justice resolution of traffic accident cases resulting in fatalities is carried out through the stages of the Approach Stage, Mediation Stage, Agreement Making Stage, Agreement Implementation Stage, and Completion and Case Closed Management.

Agi Ahmad Najih; Fauzan Ali Rasyid; Muhammad Kholid

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The problem of the legality of the agreement of the deed of debt and credit agreement into buying and selling requires legal certainty so that no one is harmed. Normative legal certainty is when a regulation is made and promulgated with certainty because it regulates clearly and logically. Clear in the sense that it does not cause doubt (multi-interpretation) and logical in the sense that it becomes a system of norms with other norms so that it does not clash or cause norm conflicts. Norm conflict arising from rule uncertainty can take the form of norm contestation, norm reduction or norm distortion. This research approach is descriptive analytical which describes legal events that occur as they are and conveys these conditions according to theory and legislation. The research method used in the research is empirical juridical which analyzes the Bandung District Court Decision Number: 162/PDT.G/2021/PN.BDG regarding the Legality of the Deed of Sale and Purchase Agreement as Collateral for Debt and Credit Due to Legal Defects. The results of this study show that; AJB, which should be a proof of transfer of land rights in a real sale and purchase transaction, in this case is used to guarantee debt repayment. This is a deviation from the function of the AJB, which is legally unjustified because it contradicts the principle of halal causa (Articles 1335 and 1337 of the Civil Code). Therefore, the AJB made does not meet the elements of a valid causa, and therefore can be canceled or even null and void.

Pasaribu, Audry Salsabila; Muhamad Radjhu Khan Saputra; Ilham Rahman Prayogo; Taun Taun

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses a legal analysis of the differences between criticism and defamation in Indonesian law, especially in the Criminal Code (KUHP) and Law Number 1 of 2024 concerning the Second Amendment to Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE). The research method used is normative legal with a regulatory and contextual approach. The results of the study show that the Criminal Code and the ITE Law both provide protection for individual honor, but differ in the scope of application. The Criminal Code focuses more on conventional interactions, while the ITE Law regulates the electronic realm. Although it aims to protect the name well, the provisions in the ITE Law are considered to have weaknesses due to the potential for multiple interpretations that can threaten freedom of expression. Therefore, a proportional legal interpretation is needed to maintain a balance between protection of personal honor and respect for freedom.  

Winda Islamitha Nurhamidah; Nur Azizatul Haqiah; Lutfiah Holifa Balkis; Amri Saputra; Ahmad Arifi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

This study aims to analyze the interpretation of hadiths concerning women’s roles in the public sphere through a hermeneutical approach, reaffirming an inclusive and contextual Islamic perspective on gender. The research arises from the dominance of literal and patriarchal readings of hadiths that tend to limit women’s participation in social and educational domains. Employing a qualitative library research method, this study examines relevant hadith texts and explores the views of contemporary Muslim hermeneutical thinkers such as Nasr Hamid Abu Zayd, Fazlur Rahman, and Amina Wadud. The findings reveal that hermeneutics provides a methodological framework capable of fostering gender-just interpretations by emphasizing the historical, social, and moral dimensions of the hadith text. The reinterpretation demonstrates that many hadiths previously understood restrictively are, in fact, contextual rather than universally normative. The study’s implications encourage a new paradigm in Islamic scholarship that is more reflective, critical, and socially responsive. The novelty of this research lies in integrating hermeneutical analysis with thematic hadith studies on women’s participation in the public domain, an area rarely explored in depth. This research thus contributes significantly to developing a more humanistic and egalitarian Islamic epistemology.

Maliki Sirojudin Agani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2024 Pusat Riset dan Inovasi Nasional

The issue of criminalizing victims of sexual violence through the use of defamation charges is gaining public attention because it is often used to silence victims who try to share their experiences. This article describes how defamation provisions in the Criminal Code and the Electronic Information and Transactions Law are often used as instruments of Strategic Lawsuits Against Public Participation (SLAPP) directed at victims, making victims even more vulnerable. The study uses a normative approach to assess the effectiveness of legal protection in the Sexual Violence Criminal Law (TPKS Law). The results of the analysis show that the TPKS Law does not explicitly include an anti-SLAPP mechanism, leaving open the possibility for the reported party to file a counter-report against the victim. Studies of the SPI, KPI, and Baiq Nuril cases show a recurring pattern, namely the use of defamation articles as a means of silencing victims and slowing down the process of exposing sexual violence. This article proposes an anti-SLAPP clause based on a progressive interpretation of the anti-revictimization principle in the TPKS Law. This proposal is reinforced by the push for the application of an early dismissal mechanism for reports that show strong indications of intimidation, so that victims receive maximum protection in the legal process.

Budi Rahman Hakim; Fajrur Rahman

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

This study examines the genealogical transformation of the Neosufi order in Indonesia, focusing on the shift from a private-ritual institution to an active and open social movement in the public space. Through a qualitative approach based on literature study and hermeneutic analysis, this paper highlights how the Qadiriyah Naqsyabandiyah Order (TQN) Suryalaya represents a new form of Sufism that combines spiritual depth with collective social action. This transformation is seen in various fields, ranging from drug rehabilitation, Islamic boarding school education, to spirituality-based economic empowerment. The order is no longer just a space for contemplation, but also plays a role in the process of social reconciliation, moral advocacy, and expansion into the public space through digital media. However, this dynamic also raises genealogical problems in the form of spiritual symbolization by the state, co-optation of power, and ambiguity in the interpretation of modernity. Indonesian Neosufism is a contextual response to spiritual and social crises, as well as a field of negotiation between the legacy of tradition, the demands of modernity, and the structure of state power. This study is a development of the author's dissertation and academic book manuscript that is being prepared for publication, thus presenting theoretical and practical contributions to the study of Sufism and social development.