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Suharyono Paputungan; Nurmin K. Martam; Ibrahim Ahmad; Robby Waluyo Amu; Yayan Hanapi

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The urgency of marriage as an effort to elevate human dignity and sustain life and progeny is regulated in Law Number 16 of 2019, which amends Law Number 1 of 1974 concerning Marriage. The state requires marriage registration to guarantee the validity and legal protection of the rights of married couples and their children. One important provision in this regulation is the determination of the minimum age for marriage, which is 19 years for both men and women. However, in practice, underage marriages, including unregistered marriages, still occur. This study uses a normative-empirical research method, combining written legal analysis with field data to examine the application of laws and regulations in community practice. The results show that underage marriages can be legalized by the Religious Court based on Minister of Religious Affairs Regulation Number 20 of 2019. This regulation provides legal certainty and protection of children's rights, but has also raised controversy regarding the potential legalization of early marriage. This regulation has had a significant impact on the practice of itsbat nikah anak kecil, especially at the Bulango Ulu Religious Affairs Office (KUA), by reducing unregistered marriages. However, challenges in verifying evidence, socio-cultural pressures, and the normalization of early marriage remain major obstacles that must be overcome through education and cross-sector collaboration.

Nabila Nurfianda; Ahmad Muhammad Mustain Nasoha; Azizah Nur Fadilah; Nabila Salsabila; Radela Neva Kusuma

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Madrasah diniyyah and pesantren in the Indonesian context have often been viewed as non-formal or religious educational institutions, rather than as active legal subjects in national development. However, regulatory transformations and contextual challenges have prompted the need for legal recognition of these institutions in order to align them with the ideals of Pancasila. This study aims to analyze the role of madrasah diniyyah and pesantren. The methods used are normative and comparative qualitative research with a review of legislation and case studies of madrasah diniyyah/pesantren. The findings show that although regulations (e.g., the Pesantren Law) have provided legal recognition, there are still structural obstacles in the form of differences in institutional status, administrative capacity, and interpretative conflicts of values. On the other hand, several pesantren have successfully reconstructed themselves as actors of local development through community empowerment programs. In conclusion, legal recognition needs to be strengthened through the formulation of complementary regulations, institutional capacity building, and synergy between the government and pesantren communities so that these institutions can become pillars of national development based on Pancasila.

Jeremia Manalu; Besty Habeahan

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Heritage Center (BHP) is a government institution under the Ministry of Law and Human Rights of the Republic of Indonesia that has a strategic role in civil law, especially related to the management of heritage property. Rooted in colonial regulations and regulated in the Civil Code, BHP is authorized to represent and protect the legal interests of individuals whose whereabouts are unknown, immature, or legally incompetent. This study aims to analyze the implementation of BHP's duties in managing heritage assets based on the provisions of the Civil Code and identify supporting and inhibiting factors for its implementation. The method used is normative legal research with a legislative approach and literature study. The results of the study show that BHP's position is as a subject of public law that carries out private legal functions. BHP's authority includes the management of unmanaged legacies, acting as a guardian or guardian, and acting as a curator in bankruptcy cases. Despite having a strong legal basis, the effectiveness of the implementation of BHP's duties in the field has not been optimal. The obstacles faced include limited resources, lack of public understanding, and coordination between agencies that has not been maximized. Therefore, systematic improvement efforts are needed through institutional capacity building, legal socialization, and strengthening regulations and cross-sector synergy to support the effective and sustainable implementation of BHP's tasks.

Wahyu Taruna Wibowo

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The return of state financial losses does not eliminate the criminal penalty for perpetrators of corruption. However, differences in the application of Restorative Justice in corruption cases have created legal uncertainty, especially in resolving corruption cases that involve relatively small state financial losses. This study aims to examine and analyze the implementation of Restorative Justice for perpetrators of corruption in the management of village funds, which are often caused by administrative errors, lack of understanding, or weak supervision rather than intentional acts of enrichment. This type of research is Doctrinal, using the statute approach, namely legal research that focuses on the application and interpretation of normative legal provisions (laws and regulations) as well as a theoretical concept approach to understand justice in a restorative framework. The resolution of village fund corruption cases with small losses should ideally prioritize recovery of losses and community restoration, but cannot eliminate the criminal aspect entirely, so clear legal guidelines are needed to ensure fairness and legal certainty.

Ria Amelia; Elly Nurlia; Amealiea Prihatiningsih Malandy's; Azalia Salsabila; Siti Alya Aryanti

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the phenomenon of authoritarian backsliding or democratic regression in Southeast Asia, focusing on Indonesia and Thailand. Conceptually, backsliding refers to the gradual weakening of democracy through formal and legal mechanisms by political actors within the system itself. The research employs a literature study method, analyzing academic sources and international reports relevant to the topic. The findings indicate that both Indonesia and Thailand have experienced democratic decline characterized by the consolidation of executive power, the weakening of oversight institutions, and restrictions on civil liberties. In Indonesia, democratic regression occurs primarily through executive aggrandizement and strategic manipulation of elections, while in Thailand, it manifests through promissory coups under military dominance. The study concludes that democratic decline in Southeast Asia often occurs not through overt authoritarian takeovers but through a subtle erosion of democratic institutions that undermines popular sovereignty.

Ike Oktaviani Haro Munthe; Besty Habeahan

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

the duties and authorities of the Balai harta peninggalan as regulated in law Number 37 of 2004 concerning bankrupty and the civil code are to carry out a settlement of the debtor’s bankrupty assets. The main problem and this research is How the duties and authority of the Balai Harta Peninggalan in carrying out bankrupty astate clearance and what are the obstacles faced when carrying out bankrupty estate clearance?. The method used is the normative juridical-empirical method, where the data and also the information studied in this study are based on laws, books and also based on the results and discussions obtained are where the duties and authority of the Balai harta peninggalan in center in carrying out bankrupty assets are by dividing the proceeds from the sale of bankrupty assets that have been sold and distributed to creditors bassed on the possition of the creditors starting from highest to lowest, and also the obstacles faced in dealing with debtor bankrupty assets.

Satriya Aldi Putrazta

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses legal protection for victims of human trafficking disguised as job vacancies in Myanmar, which has affected hundreds of Indonesian citizens. This phenomenon shows a new mode of digital-based human trafficking through social media, offering fictitious high-paying jobs that ultimately lead to forced labor in the online scamming sector. This study uses a normative legal research method with a legislative and conceptual approach, which examines Law Number 21 of 2007 concerning the Eradication of Human Trafficking, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the 2000 Palermo Protocol, and a number of International Labor Organization (ILO) conventions related to forced labor and labor migration. The results of the study show that this case fulfills the elements of human trafficking as stipulated in Article 2 paragraph (1) of the TPPO Law, because there are elements of recruitment, fraud, confinement, and forced labor exploitation. From an international law perspective, these actions violate the provisions of the Palermo Protocol and the ILO convention on the elimination of forced labor. The Indonesian government has a legal and moral responsibility to provide protection and recovery for victims of TPPO, as well as to ensure the principle of non-criminalization. However, the implementation of protection is still hampered by weak supervision of digital recruitment, jurisdictional limitations, and suboptimal cross-border cooperation. Therefore, it is necessary to strengthen the digital-based migrant protection system, enhance bilateral and multilateral cooperation, and apply the principle of state due diligence in the prevention and enforcement of laws against cross-border TPPO.  

Ais Surasa; Irfan Fahmi; Encup Supriatna; Husain Husain

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The engagement (khitbah) is a crucial step before marriage. It is a formal statement made by a man to a woman he is proposing to marry. This statement can be made directly or through an intermediary. After the engagement, the marriage can be continued, or it can be postponed. Delaying marriage is permissible for those who are unable to marry, but those who are able are encouraged to do so immediately. The values of Islamic education are the development of human reason and the regulation of behavior and emotions based on Islamic teachings. Thus, Islamic educational values will bring happiness, prosperity, and salvation to humans both in this world and the hereafter. According to Islam, everyone must prepare themselves as well as possible to build relationships based on love and noble values. Physical, mental, and economic readiness are required; in this situation, in terms of the educational characteristics inherent in Islamic teachings, the goal is to build a safe, pleasant, and peaceful household environment.

Fu’ad, Asep; Supriatna, Encup; Fahmi, Irfan

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Islam, the family is a spiritual institution that plays a central role in shaping human psychological and moral balance. However, modernization, individualism, and value disorientation have led to rising psychological crises and disharmony in Muslim households. This issue requires a scientific approach that goes beyond legal-normative perspectives toward an integrative psychological understanding. This study aims to analyze the concept of Sakinah, Mawaddah, and Rahmah from a psychological perspective to formulate a contextual and applicable model of family well-being. The research employs a qualitative library research method by synthesizing Islamic sources (Qur’an, Hadith, and classical scholarship) with contemporary psychological theories of emotional well-being and spiritual intelligence. The findings reveal that Sakinah represents spiritual-emotional equilibrium, Mawaddah functions as an ethical and transcendental affective energy, and Rahmah embodies compassionate empathy that nurtures healing and forgiveness. Together, these values constitute the Islamic Family Well-Being Model, an integrative paradigm that situates spirituality as emotional regulation, love as affective force, and compassion as moral regulator. This model asserts that genuine harmony in Muslim families can only be achieved through psycho-spiritual balance grounded in divine values.

Yoshua Alehandro Adoe; Saryono Yohanes; Detji K. E. R. Nuban

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the regulatory arrangement and investment climate in East Nusa Tenggara Province (NTT) as a strategic effort to increase investment attractiveness. Although it has great potential in the agriculture, fisheries, and tourism sectors, investment development in NTT has not been optimal due to overlapping regulations, complex bureaucracy, and lack of efficiency in licensing services. Based on the Stufenbau theory from Hans Kelsen, synchronization between Regional Regulation Number 3 of 2025 and Law Number 25 of 2007 is needed so that there are no conflicts or legal vacancies that can hinder the certainty of doing business. In addition, local governments have implemented various strategies to improve the investment climate, such as improving basic infrastructure, simplifying bureaucracy, promoting regional potential, developing human resources, and strengthening security and order. Other efforts are also being made through the digitization of licensing services and cooperation with the private sector to expand investment networks. Thus, an integrated regulatory and policy arrangement is expected to be able to create a competitive and sustainable investment climate in the NTT region.

Zulrijal Bushido Gani; Najamuddin Gani

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The formation of regional regulations (Perda) is a constitutional derivative of the implementation of regional autonomy within the framework of the Indonesian legal system. Substantively, Perda function as regulatory instruments aimed at accommodating the specific interests of local communities, in line with fundamental values, contextual needs, and the hierarchy of applicable laws and regulations. However, the high frequency of annulment or cancellation of Perda indicates dissonance or non-compliance with the principles of sound legislative formation. This phenomenon raises the urgency to review the extent to which philosophical, sociological, and legal foundations have been internalized and comprehensively implemented in the regional legislative process. Therefore, this study focuses on analyzing the relevance of these three fundamental foundations to the quality and legitimacy of regional legal products. This study adopts a normative-juridical legal research method, involving descriptive analysis of the corpus of laws and regulations, legal doctrine, and the empirical practice of Perda formation. The results highlight that: the philosophical foundation provides a normative orientation in the form of ethical-teleological values ​​and goals; the sociological foundation reflects the actual needs and social realities of the communities subject to regulation; Meanwhile, the legal basis guarantees formal legality and vertical and horizontal consistency with the national legal system. Key findings indicate that these three foundations are inherently relevant and complementary in determining the quality of regional regulations. Synergy and harmonious integration between them are essential prerequisites for producing regional legal products that have legal validity, are capable of upholding substantive justice, and are responsive to the dynamics of public needs.  

Jumantoro, Tegar Raffi Putra; Novemyanto, Alfin Dwi

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia faces significant challenges in achieving sustainable development, particularly due to the negative environmental impacts of rapid economic growth, such as deforestation, air and water pollution, and the increase in greenhouse gas emissions. Green Bonds have great potential as a financial instrument to promote sustainable development in Indonesia. Indonesia is actively working to develop the market through key policies such as the Financial Services Authority Regulation (POJK) No. 51/POJK.03/2017, which regulates the issuance and offering of sustainable bonds, thus enhancing the suitability of green bonds to finance environmentally friendly projects. The research method used in this study is a normative legal approach with a focus on laws and regulations (UU) and a library research method. Through this approach, the study analyzes relevant regulations and existing literature to explore the potential and challenges Indonesia faces in implementing green bonds, particularly in the infrastructure investment sector. The implementation of green bond investments in Indonesia, especially in the infrastructure sector, is a strategic step in line with efforts to achieve sustainable development. To achieve this, Indonesia must also consider integrating green bonds into broader development policies. This includes developing strategies that combine economic, social, and environmental aspects in the planning and implementation of infrastructure projects.

Ahmad Muhamad Musain Nasoha; Kamelia Maimunah; Annajmul Muniiroh; Annuriyah Nabila

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the strengthening of students' civic resilience through Civic Education (PKn) after the COVID-19 pandemic using qualitative methods based on literature review. The COVID-19 pandemic has changed students' social interaction patterns and learning methods, which have an impact on their social engagement and resilience as citizens. This study collects and evaluates literature related to the challenges of Civic Education learning and strategies for strengthening civic resilience in the post-pandemic context. The results show that participatory learning approaches, digital literacy, strengthening social values, and community service activities are key elements in strengthening students' cognitive and social resilience. Learning that integrates digital technology provides opportunities for students to participate more actively in social and political discussions. On the other hand, community service activities based on civic values ​​help students develop a stronger sense of social responsibility. The implications of this research encourage the development of a Civic Education curriculum that is adaptive to current social and technological dynamics so that students become resilient and active citizens. This study also recommends that Civic Education be continuously updated with a more interactive and relevant approach to current needs, to enhance students' ability to participate constructively in the global community.

Nirmala Suci Paramesti; Afthina Aulya Fatma; Rifa Ardian Fahreza

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mixed marriages are a social phenomenon that is increasingly prevalent with globalization and mobility between countries. The problems arising from mixed marriages not only concern social aspects but also impact the citizenship status and inheritance rights of the parties. This study aims to analyze the legal consequences of mixed marriages on citizenship and inheritance rights from the perspectives of civil law and Islamic law. The method used is normative-comparative research with a legislative and conceptual approach. The results reveal fundamental differences between civil law and Islamic law in regulating citizenship and inheritance rights in mixed marriages. Civil law emphasizes administrative and national aspects, while Islamic law focuses on religious and lineage aspects. These differences lead to variations in the recognition of citizenship and inheritance of property, potentially creating legal uncertainty for the parties. Therefore, harmonization between civil law and Islamic law is essential to create legal certainty and justice, particularly in the context of inter-national and inter-religious marriages in Indonesia

Muhammad Ilham Topik Hidayat; Suryanto Suryanto

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the role of TikTok as a digital marketing tool in increasing the number of streams and musicians' income, with a case study of the viralization of the song "Mangu" by Fourtwnty. Using a qualitative approach with a case study method, this study explores the dynamics of the virality of music content on the TikTok platform and its impact on the digital music ecosystem. The results show that the virality of songs is not solely triggered by algorithms, but also by the power of emotional narratives, the relevance of lyrics to the user experience, and the active participation of the audience in the form of production. This phenomenon is driving cross-platform conversions, where TikTok users are switching to streaming services such as Spotify and YouTube, thereby increasing digital royalties and opening up live performance opportunities for musicians. Organic marketing strategies based on audience engagement have proven to be effective in creating broad and sustainable exposure, especially among the digital native generation. This research confirms that TikTok is not only an entertainment platform, but also a strategic medium in building music branding and monetizing works creatively. These findings provide important implications for independent musicians and the music industry in designing adaptive and participatory promotional strategies in an increasingly competitive digital economy.

Nadhif Akmaludin; Laili Zulfa

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the narrative dissonance in the corporate communication of the Aqua brand, especially in the context of the crisis of meaning that arises between claims of natural purity and technical findings related to the use of borewells in the production process. Using a qualitative approach through content and narrative analysis, the study integrates two main theoretical frameworks: the Narrative Paradigm (Fisher, 1984) and Image Repair Theory (Benoit, 1995). The analysis focused on how companies are building, maintaining, and renegotiating their corporate narrative amid public pressure and consumer expectations. The results show that the legitimacy crisis arises due to the symbolic mismatch between the narrative of "purity" communicated and the operational reality revealed to the public. This tension triggered a strategic response from the company in the form of public clarification, transparency of the production process, and repositioning of messages to restore consumer image and trust. This study confirms the importance of narrative coherence and reflexivity in corporate communications, especially in an era of digital openness that demands accountability and consistency between symbolic messages and tangible practices. These findings contribute to the study of crisis communication and brand image restoration strategies, as well as a reference for companies in designing ethical, transparent, and sustainable communication to maintain legitimacy and credibility in the eyes of the public.

Regina Meylisa Permatasari; Holyness N. Singadimedja; Rafan Darodjat

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In an employment relationship, there are rights and obligations attached to each party that must be fulfilled. However, in practice, employers often neglect to fulfill the rights of workers during their employment and after termination of employment, even though these obligations are regulated in the Collective Labor Agreement and Joint Agreement. Based on these issues, this study aims to examine and describe the legal protection for former employees who have been terminated with outstanding benefits in accordance with Indonesian labor laws, as well as to obtain an overview of the company's responsibility to fulfill the rights of former employees due to termination of employment in accordance with the agreements in the Collective Labor Agreement and Joint Agreement. This study uses a normative juridical approach based on the provisions of labor laws and regulations. Data was collected through a literature study by examining primary, secondary, and tertiary legal materials relevant to the research issue. All data were then analyzed qualitatively to formulate comprehensive and implementable conclusions and recommendations for the benefit of former employees. The findings show that legal protection for former employees who experience termination of employment with outstanding benefits can be demanded based on labor law regulations in Indonesia. The company has the responsibility and obligation to fulfill the rights of former employees due to termination of employment in accordance with the agreement in the Collective Labor Agreement and Joint Agreement, whereby the payment of these rights must be aligned with and subject to the provisions of applicable laws and regulations.

Moh. Annand Ananda Saputra; Aryo Dwiarief Susetyo; Rachmat Hidayat

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the strategic role of the Supreme Audit Agency (BPK) of the Republic of Indonesia in ensuring transparent, accountable, and aligned state financial management in line with national goals. As an independent state institution, the BPK has a constitutional mandate to audit state financial management and accountability objectively and free from intervention by any party. This study uses a legal method with a normative juridical approach, accompanied by descriptive analysis and systematic interpretation of data from literature studies. The results show that the BPK has broad authority in auditing state finances, both for the central government, regional governments, and other public institutions. However, its implementation still faces obstacles such as a lack of internal transparency, overlap with internal government oversight, and limited resources for comprehensive oversight. To address these issues, the BPK needs to strengthen its internal systems, increase auditor capacity, develop more systematic audit result reporting guidelines, and build cross-agency coordination to make its external oversight function more effective, transparent, and capable of supporting clean and integrated governance.

Veronica Piqe Febeline; Valerie Celine

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of digital technology has transformed children’s patterns of interaction through online games, which serve both as entertainment and transactional spaces. As digital consumers, children are entitled to protection equal to adults, yet they remain vulnerable to risks such as inappropriate content, fraud, data manipulation, and exploitation. Despite the existence of legal frameworks like the Consumer Protection Law, the Child Protection Law, and the Electronic Information and Transactions Law, this study reveals that these laws do not specifically address children as a vulnerable group in the digital environment. This research employs an empirical normative approach to highlight the shortcomings of current regulations. Given the rapidly growing use of digital platforms by children, stronger regulatory measures, greater parental involvement, and increased responsibility from platform providers are essential to ensure the fulfillment of children’s rights and provide adequate protection in the digital space. These findings emphasize the need for comprehensive legal reform to safeguard children’s digital rights.

Sintia Wahyu Pratiwi; Ferida Asih Wilujeng; Jalu Sora Wicitra

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to describe the implementation of good governance principles in public services at the Penataran Village Office, Nglegok District, Blitar Regency. The research uses a descriptive qualitative method with data collection techniques including interviews, observations, and documentation. The results show that good governance principles such as transparency, accountability, participation, effectiveness, efficiency, and the rule of law have been well implemented at the village office. However, there are some obstacles in the implementation, such as limited technology, unequal participation, and administrative constraints that affect public service performance. To overcome these challenges, the village government conducts training for village officials, utilizes conventional media to improve communication with the community, and strengthens coordination and mediation between stakeholders. The findings highlight the importance of an adaptive and collaborative approach in building responsive village governance that is oriented toward the needs of the community. Thus, the application of good governance principles in Penataran Village is expected to improve the quality of public services and encourage the realization of a better and more transparent government.