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The steady increase in divorce cases in Indonesia suggests that many couples begin married life without adequate emotional, financial, or intellectual readiness. In response, the government encourages premarital education as a preventive initiative designed to equip future spouses with the skills needed to manage potential domestic difficulties. Viewed through the lens of maqāṣid al-sharī‘ah, this initiative supports the essential goals of Islamic law, namely the promotion of well-being at the personal, family, community, and national levels. This study argues that premarital education reflects the core principles of Islamic legal ethics and functions as a normative expression of the sharī‘ah. Using a normative-theoretical legal framework combined with a maqāṣid al-sharī‘ah analysis, the research engages Qur’anic and Hadith texts, classical and modern fiqh discussions, uṣūl al-fiqh, Indonesian regulatory provisions on premarital counseling, and scholarly works on Islamic Family Law. The results show that major triggers of marital breakdown emotional instability, financial pressure, recurring disputes, and limited understanding of marital responsibilities can be reduced through structured premarital education. These programs strengthen spiritual awareness, emotional resilience, communication skills, conflict-resolution abilities, and economic management. Consequently, premarital education becomes a strategic mechanism for nurturing harmonious households and reinforcing the framework of Islamic Family Law in Indonesia, positioning it as a sharī‘ah oriented tool vital for contemporary social welfare.  

The development of financial technology has driven significant transformations in the non-cash payment system in Indonesia, one of which is through the use of the Quick Response Code Indonesian Standard (QRIS). The use of QRIS in civil transactions relates not only to the technical aspects of payments but also has legal implications in the civil realm, particularly regarding the application of the principle of consensualism and the status of electronic evidence in the Indonesian civil procedural law system. This study aims to analyze the application of the principle of consensualism in QRIS e-payment transactions as electronic evidence in civil procedural law. The research method used is normative legal research with a statutory and conceptual approach. The results indicate that QRIS transactions meet the principle of consensualism due to the agreement of the parties, and QRIS can be qualified as a valid electronic document as long as it meets the requirements for electronic system reliability and information integrity as stipulated in laws and regulations. However, the evidentiary power of QRIS is not perfect and requires the support of other evidence, with the final assessment resting with the judge based on the principle of independent evidence in civil procedural law.

Corruption cases in Indonesia often involve the recovery of state assets, including properties encumbered by mortgages (hak tanggungan). This research conducts a normative legal analysis on how current law treats such pledged assets when they become objects of state confiscation in corruption crimes. We examine Indonesian legislation (especially the Tipikor Act, TPPU Act, and Mortgage Act), judicial practice, and principles of justice and legal certainty. The Bank Perumda BPR Purworejo case is used as an illustrative case study: here fictitious loans and misused collateral led to state losses of hundreds of millions of rupiah, and investigators seized assets (including four mortgaged properties) as evidence. The analysis finds that existing rules inadequately protect good-faith creditors: courts have noted that a corruption verdict does not automatically erase a prior mortgage lien, and that a certified mortgage confers a preferential right equal to a judgment. In practice, however, law enforcement often seizes all assets of the convict without first verifying third-party rights, creating legal uncertainty and perceived injustice. We argue that fair outcomes require stricter safeguards for creditors (e.g. mandatory review of collateral status before seizure) and consideration of equitable principles. In conclusion, we recommend legal reforms or guidelines to balance the state’s recovery goals with protection of bona fide mortgagees, so as to uphold substantive justice while maintaining legal certainty.

Abstract. The right to health is an integral part of human rights guaranteed by the Constitution and further reinforced by Law Number 17 of 2023 on Health, which places the state as the party responsible for ensuring the provision of safe, high-quality, and non-discriminatory health services for all citizens. However, in practice, the fulfillment of the right to health continues to face various challenges, particularly in the delivery of health services for participants of BPJS Kesehatan. This study aims to analyze the legal protection of the right to health in Indonesia and to examine the refusal of medical services to BPJS patients that resulted in death in Papua from a human rights perspective. The research employs a normative legal research method using statutory, conceptual, and case approaches. The findings indicate that although the national legal framework has clearly regulated the obligations of the state and health care facilities in providing emergency services, its implementation remains weak due to administrative barriers, unequal access to health services, and inconsistent law enforcement. The refusal of medical services to BPJS patients in Papua reflects a tension between hospitals’ administrative compliance and the professional obligation of medical personnel to save human lives. The implications of this study emphasize the need to strengthen supervision, ensure consistent law enforcement, and improve health service governance so that the right to health is truly protected as part of human dignity within the Indonesian rule of law. 

Discretion exercised by election management bodies constitutes an administrative instrument that is functionally necessary to prevent stagnation in electoral processes under conditions of legal vacuum, normative ambiguity, or extraordinary circumstances. However, in practice, discretionary decisions often generate public concern and expose election officials to the risk of criminalization, particularly when such discretion is assessed through a formalistic and result oriented criminal law paradigm. This study aims to analyze the construction of criminal liability of election administrators for the use of discretion in conditions of electoral stagnation, by examining the paradigm shift from the old Indonesian Criminal Code to the new Criminal Code and its implications for criminal law enforcement under the Criminal Procedure Code. This research employs a normative legal method using statutory, conceptual, and case approaches. The findings reveal that the old Criminal Code tended to facilitate policy criminalization by emphasizing formal violations and objective consequences, whereas the new Criminal Code introduces a substantive approach centered on subjective fault, official purpose, and rationality of action. Nevertheless, the lack of synchronization with the Criminal Procedure Code which remains focused on conventional evidentiary standards causes discretionary actions of election administrators to remain legally ambiguous. Therefore, harmonization between substantive criminal law and criminal procedure law, along with a transformation in law enforcement reasoning, is essential to ensure that discretion exercised by election officials is assessed proportionally, contextually, and in line with democratic principles.

The rapid development of digital technology has significantly transformed financial transaction systems, including the use of securities. Conventional securities, which traditionally function as instruments of payment, evidence, and transfer of rights, face various challenges such as document forgery, loss, and administrative inefficiency. These conditions have encouraged the digitalization of securities, requiring adjustments within the Indonesian legal framework. This study aims to analyze the transformation of securities from conventional forms to digital formats within the perspective of Indonesian law and to assess the adequacy of existing regulations in addressing such developments. The research employs a normative juridical approach by examining primary legal materials in the form of statutory regulations and secondary legal materials consisting of legal literature and previous studies. The findings indicate that although electronic documents have been legally recognized as valid evidence, there is no specific and comprehensive regulation governing digital securities. Consequently, legal uncertainty remains regarding the transfer of rights, evidentiary strength, and legal protection for holders of digital securities. This study is expected to contribute conceptually to the development of adaptive legal regulations that ensure legal certainty and protection in the context of modern digital transactions.

The determination of a minimum marriage age is a central issue in Indonesian family law and Islamic legal discourse, particularly regarding the prevention of health, social, and psychological risks associated with child marriage. This study analyzes the alignment between the legal requirement of a minimum age of 19, as stipulated in Law No. 16 of 2019 and Constitutional Court Decision No. 22/PUU-XV/2017, and the framework of maqāṣid sharī‘ah, especially the hierarchical structure of dharuriyyāt, ḥājiyyāt, and taḥsīniyyāt. Employing a normative juridical method supported by extensive literature review, this research examines statutory regulations, classical and contemporary Islamic legal sources, works on maqāṣid, and empirical data from national and international institutions. The findings demonstrate that the minimum age of 19 substantively accords with maqāṣid sharī‘ah: at the dharuriyyāt level, it safeguards life, intellect, and lineage from medical, psychological, and social harm; at the ḥājiyyāt level, it prevents economic hardship, emotional instability, and the inability of young couples to assume household roles; and at the taḥsīniyyāt level, it preserves human dignity, ethical conduct, and the sanctity of marriage. Consequently, the regulation is not a departure from classical Islamic jurisprudence but rather an implementation of public interest (maṣlaḥah) adapted to contemporary societal realities. This study affirms that integrating maqasid-based reasoning into public policy strengthens the protection of families and future generations in Indonesia.

Indonesia's maritime security faces increasingly complex challenges due to the rise of hybrid threats that combine traditional and non-traditional elements. One of the main threats is the shadow fleet, operating covertly with unregistered ships, evading detection, and exploiting weaknesses in maritime surveillance to engage in illegal activities such as smuggling, illegal transshipment, and unlawful exploitation of natural resources. This phenomenon exacerbates Indonesia's maritime security situation, particularly in strategic areas like the Natuna Sea and the Sunda Strait, which are vulnerable to geopolitical conflicts and overlapping territorial claims. Additionally, transnational crimes such as piracy, drug trafficking, and human trafficking further undermine security in Indonesian waters. To address these threats, Indonesia needs to strengthen its maritime surveillance capacity by adopting advanced technologies such as early detection sistems and the Automatic Identification Sistem (AIS), as well as enhancing coordination between maritime agencies like Bakamla and the Indonesian Navy (TNI AL) to improve responses to harder-to-detect threats. Moreover, international cooperation with neighboring countries and regional maritime organizations like ASEAN must be bolstered to tackle cross-border threats. Strengthening surveillance, modernizing technology, and fostering more integrative maritime diplomacy will be crucial in safeguarding Indonesia's maritime sovereignty and ensuring the stability of this increasingly strategic maritime region.

The Indonesian National Army as a member of the Indonesian National Guard is at the forefront of Indonesia in the eyes of the public as an example and role model in discipline, ethics, and compliance with the law. However, in the reality of daily life, there are still TNI soldiers who commit traffic violations, such as driving a vehicle without having a Driver's License (SIM). This research includes empirical juridical research, or called field research, which examines the applicable legal provisions and compares them with the reality that occurs in society. The research method used was in the form of interviews with five relevant sources, then the data was analyzed descriptive-qualitatively to provide a comprehensive understanding. The results of the study showed that (1) law enforcement against TNI soldiers who committed traffic violations without a driver's license was checked according to the procedure of the rapid inspection event; no long inspection minutes are required, it is enough to use the minutes of traffic violations and road transportation or tickets from the military police; (2) Sanctions applied for minor traffic violations in the form of administrative disciplinary sanctions, including criminal prosecution of fines paid to military authorities and deposited into the state treasury. This reflects the balance between legal compliance and internal discipline of the TNI, as well as efforts to develop soldiers so that they remain an example for the community.

In social practice, land sale and purchase transactions are still frequently conducted through private agreements, mainly driven by mutual trust between the parties, cost considerations, and the perception that such procedures are simpler and faster. From the perspective of civil law, such sale and purchase agreements remain valid and legally binding as long as they fulfill the legal requirements of a valid contract as stipulated in Article 1320 of the Indonesian Civil Code. However, within the national land law system, land sale and purchase agreements executed under private deeds cannot serve as a legal basis for the transfer of land rights because they are not made before a Land Deed Official (Pejabat Pembuat Akta Tanah/PPAT) as required by statutory regulations. This divergence in legal regulation gives rise to legal uncertainty, particularly for buyers acting in good faith. On the one hand, the agreement creates rights and obligations under civil law; on the other hand, it fails to provide legal certainty over land rights due to its inability to be registered. This condition reflects a tension between the civil law regime and the land law regime, while also indicating the weak legal protection afforded to good-faith buyers. These issues constitute the basis and urgency of this research.

Illegal logging is a serious environmental problem in Indonesia due to its direct impact on forest destruction, biodiversity loss, and increased carbon emissions. The Indonesian government has established various public policies and legal instruments to address illegal logging practices, such as the Forestry Law, the licensing system, and strengthening law enforcement agencies. However, the effectiveness of these policies remains a concern, given that illegal logging cases continue to occur in various regions. This study aims to assess the effectiveness of public policies in enforcing environmental law, focusing on illegal logging cases in Indonesia. The method used in this study is a normative juridical approach by examining regulations, government policies, and secondary data from reports from relevant institutions and previous research results. Analysis shows that despite comprehensive public policy design, its implementation still faces various obstacles, such as weak oversight, poor coordination between institutions, limited human resources, and corrupt practices. Furthermore, social and economic factors in communities surrounding forests also influence the success of environmental law enforcement. Therefore, strengthening law enforcement agencies, transparency and accountability, and active community involvement in forest management are essential. With these improvements, public policy is expected to be more effective in preventing and combating illegal logging for the sake of environmental sustainability in Indonesia.

This article examines the relationship between Islamic politics and democracy in contemporary Indonesia. As the country with the largest Muslim population in the world, Indonesia presents a distinctive dynamic in the interaction between Islamic values and modern democratic systems. This study aims to analyze how Islamic political actors, including political parties and religious organizations, interact with and adapt to democratic practices in the post-Reform era. The research employs a qualitative method through a literature review of Indonesian academic journals published within the last five years. The findings indicate that Islamic politics in Indonesia is plural and dynamic, showing an adaptive tendency toward democratic principles. Islamic values such as deliberation (shura), justice, and equality are considered compatible with democratic ideals. However, Islamic politics also faces contemporary challenges, including the politicization of religion, identity politics, and social polarization. The article concludes that the relationship between Islamic politics and democracy in Indonesia is dynamic and largely adaptive within the framework of the Pancasila state.

The president's prerogative is a form of power inherent in the president's position as head of state. One form of this prerogative is the granting of abolition, which is the abolition of legal proceedings against a person or group of people who are or will undergo judicial proceedings. However, in its implementation, the president's authority to grant abolition is not absolute, but is limited by the applicable legal provisions and constitutional mechanisms. This study aims to analyze the limits of the president's power in exercising the prerogative in the form of abolition and review the juridical aspects that govern the procedure and its considerations. The research method used is normative juridical research with a statutory approach and a conceptual approach. Data sources are obtained from relevant laws and regulations, legal literature, and scientific works. The results of the study show that the president's authority in granting abolition is regulated in Article 14 paragraph (2) of the 1945 Constitution of the Republic of Indonesia, which requires the president to pay attention to the considerations of the House of Representatives (DPR). Thus, this authority is not an absolute prerogative, but is limited by the principle of checks and balances in the Indonesian constitutional system. The conclusion of this study emphasizes that the restriction is a form of constitutional supervision over the use of presidential power to remain in line with the principles of the rule of law and constitutional democracy

The reform of Indonesia’s criminal law through Law Number 1 of 2023 concerning the Criminal Code (KUHP) marks a fundamental shift in the national criminal justice system, particularly through the formal recognition of the living law as law that lives within society. This article analyzes the correlation between living law and the principle of legality within the context of national criminal law reform. The study employs a normative juridical method with statutory, conceptual, and comparative approaches to examine how the 2023 Criminal Code seeks to balance legal certainty with substantive justice. The findings indicate that the regulation of the principle of legality in Article 1 of the KUHP remains the primary foundation for ensuring the protection of individual rights and preventing arbitrary state actions. However, the recognition of living law under Article 2 of the KUHP expands the sources of criminal law beyond written statutes to include social values living within the community, insofar as they are consistent with Pancasila, general legal principles, and human rights. The relationship between the principle of legality and living law in the 2023 KUHP is not antagonistic but rather complementary and harmonious. Living law enriches the legality principle substantively through moral and social justice dimensions, while the legality principle serves as a normative safeguard to maintain legal certainty and prevent the abuse of power. Therefore, the integration of both principles reflects a new paradigm of Indonesian criminal law that is pluralistic, just, and civilized, reaffirming the nation’s legal politics grounded in Pancasila values and the principles of a democratic rule of law.

This study aims to analyze the regulation and implementation of the authority to test laws and regulations (judicial review) in the Indonesian state system based on the 1945 Constitution of the Republic of Indonesia. This study applies a normative juridical method using three main approaches, namely the statute approach, the conceptual approach, and the historical approach. The legal data collected includes primary, secondary, and tertiary legal materials, which are then reviewed through qualitative analysis. The results of the study show that normatively the division of judicial review authority between the Supreme Court and the Constitutional Court has been expressly regulated in Article 24A paragraph (1) and Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The Supreme Court is given the authority to test regulations under the law against the law, and the Constitutional Court is given the authority to test laws against the 1945 Constitution. This division of authority is a manifestation of the principle of separation of powers and the mechanism of checks and balances after the third amendment to the 1945 Constitution. However, in practice, this two-roof judicial review system tends to give rise to conceptual and practical problems, such as overlapping authority and differences in decisions between the Supreme Court and the Constitutional Court which have the potential to create legal uncertainty and reduce public trust in the judicial institution. Therefore, it is necessary to reorganize the authority of judicial review by strengthening coordination between institutions or unifying the authority of judicial review which is centered on one institution only in order to guarantee legal certainty, harmonization of norms, and supremacy of the constitution in the Indonesian state system.  

Evidence is a fundamental element in the legal proof process that serves as the basis for judges to examine, assess, and decide cases in court. Along with the advancement of information technology, the form of evidence has evolved, including digital evidence such as screenshots of conversations through digital communication applications like WhatsApp. This study aims to analyze the legal position and evidentiary value of digital conversation screenshots within the Indonesian legal system. The research method uses a normative juridical approach by examining laws and regulations, legal doctrines, and relevant court decisions. The results indicate that screenshots of conversations have legal recognition as electronic evidence; however, their evidentiary strength is limited and requires support from other forms of evidence. Judges apply the principle of Unus Testis Nullus Testis, meaning that screenshots cannot stand alone as sole evidence and must be supported by additional legal proof to fulfill the requirements of valid, complete, and convincing legal evidence.

The digital transformation of Indonesia’s judicial system through the implementation of e-court represents a judicial reform aimed at achieving a simple, fast, and low-cost legal process. However, the digitization of civil case proceedings raises concerns regarding legal certainty, particularly in the application of the principle of audi et alteram partem as a fundamental doctrine ensuring equal opportunity for parties to be heard. This study aims to analyze the normative regulation of the audi et alteram partem principle in Indonesian civil procedural law, examine its implementation within the e-court system, and assess whether its application provides adequate legal certainty for litigants. The research employs a normative juridical method using statutory and conceptual approaches. Legal materials consist of statutory regulations, legal doctrines, and relevant academic journals. The findings indicate that normatively, the e-court system accommodates the right to be heard through electronic case registration, summons, hearings, and submission of documents. Nevertheless, technical obstacles, disparities in digital literacy, and potential deficiencies in electronic notification mechanisms may affect the effective protection of parties’ rights. It is concluded that the implementation of the audi et alteram partem principle in e-court has a sufficient legal foundation, yet requires further technical and regulatory strengthening to ensure optimal legal certainty.

An agreement is a fundamental basis in civil law relations because it gives rise to rights and obligations for the parties who bind themselves. For an agreement to be valid, consent must arise from the free will of the parties without any defect of will as regulated in Articles 1320 and 1321 of the Indonesian Civil Code (KUHPerdata). In Indonesian legal practice, apart from classic defects of will such as coercion (dwang), mistake (dwaling), and fraud (bedrog), a modern form of defect of will has also developed, namely abuse of circumstances (misbruik van omstandigheden). Abuse of circumstances occurs when one party exploits the weak condition, dependency, or ignorance of the other party to obtain unfair advantage in an agreement. This research formulates the problems of how the concept of defect of will in abuse of circumstances is applied in the jurisprudence of Indonesian contract law and what are the legal consequences of abuse of circumstances in an agreement. The method used is normative legal research with a statutory approach and conceptual approach, as well as related legal literature. The conclusion of this research shows that abuse of circumstances is a modern form of defect of will recognized through doctrine and jurisprudence. The legal consequence is that the agreement can be annulled because the element of free consent is not fulfilled. This legal consequence provides protection for the aggrieved party and confirms that the principle of freedom of contract is not absolute, but is limited by good faith, propriety, and balance.

The rapid development of information technology has brought significant changes to various aspects of life, including business and law. One of the key innovations in this context is Blockchain technology. Blockchain has revolutionized information storage and exchange, particularly in the realm of Indonesian contract transactions. It is a decentralized technology that allows for transactions between two parties who do not trust each other, without the need for a third party. The data in Blockchain is stored across the entire network, ensuring that it cannot be altered by a single party without the agreement of the entire network. Furthermore, Blockchain enhances transparency and accountability in data management. This study employs a normative legal research method with a descriptive approach. The findings reveal that Blockchain technology has significant implications for the protection of personal data and the validity of evidence in civil cases. As the technology continues to evolve, its potential to transform legal transactions in Indonesia is undeniable.

This research is motivated by the phenomenon of theft committed by 15-year-old adolescents in market environments, which creates tension between criminal law enforcement and the principle of child protection in the Indonesian legal system. The study aims to analyze the legal regulations of theft under the old Criminal Code (Law No. 1 of 1946), the new Criminal Code (Law No. 1 of 2023), and the Juvenile Criminal Justice System Law; to examine the criminal liability of adolescents from the perspective of criminal law theory; and to review the implementation of restorative justice and diversion. The research method used is normative legal research with statutory, conceptual, and case approaches, particularly reviewing the provisions of Article 591 of the new Criminal Code, the theory of fault, and the principle of proportionality. The results indicate that the criminal liability of children must take into account psychological limitations, maturity levels, and criminogenic factors, including the influence of the social environment. Furthermore, the mens rea element in the phrase "known or reasonably suspected" is difficult to apply in practice to transactions involving small losses, as price reasonableness can obscure indications of malicious intent. This finding affirms that imposing criminal penalties on children in cases of petty theft potentially contradicts the principles of ultimum remedium and proportionality. Therefore, law enforcement should prioritize diversion, mediation, and restorative justice approaches by involving families and communities to achieve substantive justice and prevent excessive criminalization of children.