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Kaharuddin Kaharuddin; Salsabilla Salsabilla; Agnes Widya Klarisa; Syahrani Ramadhani Payapo

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

This study examines the renewal of the Criminal Procedure Code (KUHAP) Baru as an effort to synchronize with the Criminal Code (KUHP) 2023, as well as analyzing crucial articles that potentially cause legal uncertainty in the criminal justice process in Indonesia. Using a juridical-normative method with a descriptive-analytical approach, this research analyzes secondary data from primary, secondary, and tertiary legal materials. The results show that KUHAP Baru successfully addresses some of the mismatches with KUHP 2023 through regulations on alternative punishments, corporate accountability, and protection for vulnerable groups, but still faces conceptual and technical challenges such as legislative disharmony and minimal public participation. On the other hand, crucial articles such as Articles 5, 16, 74, 90, 93, 105, 112A, 124, 132A, and 137A pose risks of legal uncertainty due to the expansion of law enforcement authority without adequate oversight, which can violate the due process principle and human rights. The study's conclusion emphasizes the need for further revisions to strengthen legal certainty and harmonize the criminal justice system.

Bunga Rahma; Nunung Rodliyah; Elly Nurlaili; Kasmawati Kasmawati; Sayyidah Sekar Dewi Kulsum

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

This study discusses the judge’s considerations in rejecting a marriage annulment lawsuit due to coercion, as stated in the Religious Court Decision of Tanjung Karang Number: 1109/Pdt.G/2023/PA.Tnk. The lawsuit was filed by a wife who claimed she was forced into marriage due to threats from her parents, thus requesting an annulment based on Article 27 paragraph (1) of Law Number 1 of 1974 on Marriage. However, the panel of judges rejected the claim. This research aims to examine the legal reasoning behind the judge’s rejection of the annulment and the legal consequences resulting from the decision. The study employs a normative and empirical legal approach with a descriptive qualitative method, using primary legal materials such as legislation and court rulings, as well as secondary data from legal literature and interviews. The results show that the judges rejected the claim because the alleged coercion was not proven to constitute an unlawful threat as defined by law, and the marriage was conducted validly according to legal and religious provisions. The legal implication of this rejection is that the marriage remains valid and binding, and all legal rights and obligations between husband and wife continue to apply.

Ainur Rochmah; Dudik Djaja Sidharta; Noenik Soekorini

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

Sex reassignment of transsexual individuals is something that is quite viewed by many people, regarding the legal status of a person who undergoes sex reassignment surgery, especially with marriage in Indonesia, and the District Court Decree (PN) provides guidance and explanation regarding this matter. The nature of God Almighty creates two sexes between male and female, along with the development of science and technology, especially in the field of medicine for those who experience conditions can also be called Sex Reassignment Surgey as a form of treatment in order to match their soul. Therefore, the researcher analyzes how Islamic law and national law regulate the legal status of transsexuals after sex reassignment and its implications for their rights and analyzes the procedure for sex reassignment and its impact. The stages of analysis use the descriptive method and deductive mindset. The results of this study conclude about the replacement of transsexual genitals in the consideration of the judge and granting the application in accordance with Islamic law and national law based on Law number 4 of 2004 written in article 28 paragraph 1.

Martin, Lydyana Trisnaeni; Neva Tri Saharany; Jihan Rupa Puspa Ayu; Dimas Herdian Nugrahimsyah; Agung Widya Setya Pratama +2 more

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

Magelang Regency, located in Central Java Province, is facing serious problems related to drug abuse. Drugs are an abbreviation of narcotics, psychotropics, and other dangerous addictive substances. In the law enforcement strategy, the Drug Investigation Unit has implemented a law enforcement strategy including investigations and inquiries, this is conducting in-depth investigations of drug networks and perpetrators of abuse. This study uses a normative and empirical approach. The data sources consist of primary and secondary data. There has been an unlawful act which is contained in Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, which occurred on the side of the road into the Salaman District area, Magelang Regency on Monday, January 6, 2025 at around 22.30 WIB. The results of the study concluded that the Drug Investigation Unit of the Magelang Police played a crucial role in handling recidivists in drug cases through prevention and law enforcement efforts. The government and law enforcement need to work together to increase the effectiveness of rehabilitation programs for drug abusers to prevent them from becoming recidivists on a large scale.