Publication Search

71,387 articles from 644 journals · 2,111 citations tracked

Showing 221-240 of 3,323

Analytics

Haikal Pontoh; Lisnawaty W. Badu; Nuvazria Achir

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze the factors hindering the implementation of Regional Regulation Number 1 of 2018 concerning Public Order in Gorontalo City. The method used is empirical legal research with a descriptive analytical approach, through the collection of primary data in the form of interviews and observations, as well as secondary data from laws and regulations and related literature. The results indicate that the implementation of this regional regulation has not been effective, as indicated by the continued occurrence of various violations in public spaces. The main inhibiting factors include low public legal awareness, weak law enforcement by officials, the community's economic conditions, lack of regulation dissemination, and limited facilities and infrastructure. Therefore, comprehensive and sustainable efforts are needed to improve the effectiveness of regional regulation implementation by strengthening law enforcement, increasing public awareness, and policies that are more responsive to the community's socio-economic conditions.

Sunardi Sunardi; Tuti Nadhifah; Heni Risnawati

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Study This analyze adaptation system law Indonesian agrarian​ digital transformation, in particular implementation blockchain technology in certification land. Using approach juridical normative, research combining the statute approach with reviewing the UUPA, Regulation of the Minister of ATR/BPN Number 1 of 2021, and the ITE Law, as well as the conceptual approach that examines theory law agrarian, digital transformation, and principles Maqashid Syariah. Secondary data in the form of material primary, secondary, and tertiary law analyzed in a way descriptive qualitative For interpret the relationship between legal norms, theory and digital technology in land. Research results show that harmonization regulations agrarian and digital, blockchain implementation, and integration sharia principles can increase transparency, accountability, and certainty law. Digital transformation accelerates administration, minimizing overlapping overlap ownership, and strengthening governance fair and sustainable land. Research​ This confirm the need strengthening regulation, digital infrastructure, and literacy apparatus For support legal reform agrarian in the digital era.  

Rusda Karmila; Syamzaimar Syamzaimar

Jurnal Pendidikan dan Kewarganegara Indonesia 2026 Asosiasi Riset Ilmu Pendidikan Indonesia

The digital era, with 78% internet penetration in Indonesia (2025), brings information advancement but also threats like cyberbullying, hoaxes, and SARA polarization through social media. This study aims to analyze the relevance of Pancasila values as an ethical filter in mitigating these negative digital impacts through social media usage case studies. Employing a qualitative approach based on library research, data was gathered from 18 Sinta-accredited journals (2021-2026), 2 Pancasila digital theory books, UU ITE regulations, and APJII reports. Content analysis with Miles & Huberman (2024) data reduction was applied to code the implementation of each Pancasila principle. Results show that the first principle combats religious intolerance, the second suppresses cyberbullying (25% reduction), the third reduces 2024 election polarization (40%), the fourth promotes digital deliberation, and the fifth closes rural literacy gaps through gotong royong crowdfunding (Rp1T collected). Viral disinformation and Lombok 2025 disaster cases prove Pancasila's effectiveness beyond formal regulations. It is concluded that Pancasila is adaptive as a moral algorithm in the digital era, transforming social media from conflict breeding grounds into national integration spaces. Recommendations include strengthening the "Pancasila Digital Ethics" curriculum for Gen Z/Alpha, national AI literacy applications, and platform collaboration with BPIP-Kominfo.

Melati Elpina Siahaan; Jelita Saragih; Yohana Tiur Indah Malau

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The management of Indonesia's Border Crossing Posts (Pos Lintas Batas Negara/PLBN) in land border areas presents a critical normative gap between the country's international legal obligations and their actual implementation. This study departs from prior descriptive approaches by offering a critical normative-gap analysis that identifies specific disharmonies between bilateral agreements, international conventions, and national legislation governing PLBN operations. Employing a normative juridical method with statute, conceptual, and case approaches, this research examines three focal issues: (1) the normative gap between Indonesia's international legal commitments under instruments such as the United Nations Charter, Vienna Convention on Consular Relations 1963, Revised Kyoto Convention, International Health Regulations 2005, and the United Nations Convention against Transnational Organized Crime (UNTOC), and their domestic implementation; (2) the legal factors generating regulatory disharmony in PLBN governance, particularly the inconsistency between bilateral Border Crossing Agreements with Malaysia and Timor-Leste and national legislation; and (3) specific case-based evidence of implementation failures, including unauthorized border crossings at PLBN Motamasin and the pending boundary delimitation in the Noel Besi Citrana and Bidjael Sunan Oben segments with Timor-Leste. The findings reveal that regulatory disharmony, institutional fragmentation in the CIQS system, inadequate human resource capacity, and unresolved boundary disputes constitute structural legal deficits that undermine the effective governance of PLBN. This article recommends a comprehensive legal harmonization strategy, strengthened bilateral diplomatic engagement, and institutional reform grounded in international legal standards.  

Sri Yulianty Mozin; Indah Putri Pakaya; Florasita Detuage; Alya Ramadani Samuel; Moh Rizal Tuna

International Journal of Social Science and Humanity 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

Public service quality serves as a crucial metric for assessing how well the government meets the needs and expectations of the community. Within public administration, the effectiveness of public services indicates the government's capability to deliver governance that is open, responsible, and focused on the citizens. In Indonesia, one tool for gauging public service effectiveness is the Community Satisfaction Index (Indeks Kepuasan Masyarakat/IKM). This research seeks to examine how community satisfaction in public services is measured by identifying various service components and the approach used to compute the IKM. A descriptive qualitative research method is employed, utilizing a literature review. Information was gathered from books, academic journals, government regulations, and other scholarly materials relevant to public service quality and community satisfaction. The results reveal that the IKM measurement system offers a comprehensive framework for assessing the performance of public services based on several aspects, including service requirements, processes, completion time, costs, the skills and conduct of service personnel, and available facilities. Additionally, the findings demonstrate that enhancements in service quality, transparency, and the responsiveness of public organizations greatly affect community satisfaction levels. As a result, ongoing assessments of public services through the IKM framework are vital for improving governance effectiveness, boosting service delivery, and reinforcing public confidence in government agencies.

Elisabeth Dian Aprilliani; Arief Suryono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines thee regulations governing the post-notification obligation for share acquisitions from the perspective of competition law in Indonesia, as well as efforts to optimise it as an effective supervisory instrument. Indonesia adopts a post-notification system as stipulated in Law No. 5 of 1999 and its implementing regulations, which require business entities to report acquisition transactions to the KPPU after the transaction has taken effect. Although this system provides flexibility for business entities, in practice there are a number of weaknesses, including its reactive nature, low levels of compliance, and limitations in the effectiveness of oversight in preventing anti-competitive effects. This study employs a normative legal method using legislative, conceptual, and comparative approaches, as well as an analysis of KPPU decisions. The research findings indicate that the post-notification system is not yet optimal in maintaining healthy business competition. Therefore, there is a need to strengthen oversight mechanisms, improve business compliance, and update legal policies to be more adaptive, including the possibility of limited integration of pre-notification elements. It is hoped that these optimisations will enhance the effectiveness of acquisition control and prevent monopolistic practices and unhealthy business competition in Indonesia.

Davis Gufron; Mumu Zainal Mutaqin; Siti Yumsinah

Kajian Ekonomi dan Akuntansi Terapan 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study discusses the implementation of the concept of Islamic insurance in the Amanah Card product at Amanah Takaful Banten. In Indonesia, there are various economic activities such as trade, savings and loans, and Islamic financial institutions. Currently, the insurance sector is growing rapidly in Indonesia. There are two types of insurance in Indonesia, namely Islamic insurance and conventional insurance. However, conventional insurance poses concerns for Muslims due to the presence of elements such as riba (interest), gharar (uncertainty), and maysir (gambling). Therefore, Islamic insurance emerges as a risk protection system that prioritizes Sharia principles. The objectives of this study are: (1) to identify the concept of the Amanah Card product at Amanah Takaful Banten, (2) to examine the implementation of Islamic insurance principles in the Amanah Card product, and (3) to analyze how Amanah Takaful Banten improves the accessibility of the Amanah Card product. This research employs a qualitative approach using a field study method (direct observation in the field). Data were collected through interviews with informants, as well as observation and documentation methods. Data analysis was conducted through data reduction, data presentation, and conclusion drawing. Relevant literature includes theories on insurance, Amanah Card, and zakat management institutions, as well as previous studies that examine the implementation of Islamic insurance concepts in insurance products such as Amanah Card. The results show that the Amanah Card product is categorized as a microinsurance product. It implements Islamic insurance principles, including the use of contracts (akad) and management practices that comply with Sharia principles and do not violate existing regulations. The Amanah Card product can be accessed offline through registration with Duta MT Bertaawun and online through social media and the Amanah Takaful website. In conclusion, the Amanah Card product is considered compliant both from a Sharia perspective and regulatory standards.

Ridho Syahputra Manurung

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Business digitalization has become an integral part of the modern economic development in Indonesia, providing significant convenience for business actors while presenting legal risks that require clear legal protection and certainty. This research uses normative legal methods with legislative and conceptual approaches, and utilizes primary, secondary, and tertiary legal sources. The results of the study show that legal protection for business actors in digital-based business agreements is regulated in various regulations, including Article 1320 and Article 1338 of the Civil Code, the Consumer Protection Law, the Law on the Prohibition of Monopoly Practices, the Law on Information and Electronic Transactions and their amendments, Government Regulations on the Implementation of Electronic Systems and Transactions, the Personal Data Protection Law, and the Trade Minister Regulation on Trade Through an electronic system. However, existing regulations still face challenges in the form of overlapping rules and have not fully answered new problems such as automated contracts, the use of artificial intelligence, and the dynamics of digital platforms. Therefore, adaptive regulatory reforms, strengthening the principle of fairness in digital contracts, increasing supervision of platform operators, and legal and digital literacy for business actors are needed. These efforts are expected to be able to protect business actors, especially MSMEs, from harmful standard clauses and ensure the timely and effective resolution of digital business disputes.

Ratih Faisa Nabilah; Arief Suryono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rapid adoption of digital contracts in Indonesia demands a reliable document authentication system, one of which is through electronic stamps (e-meterai). However, the current e-meterai verification system remains centralized and exclusively managed by Perum Peruri, making it vulnerable to single point of failure risks and data manipulation. Blokchain technology, with its characteristics of decentralization, transparency, and data immutability, offers a technical solution that could potentially strengthen the integrity of this verification system. This article aims to examine the legal position of blokchain technology within Indonesia's existing e-meterai regulatory framework and to analyze the urgency of establishing specific regulations governing its use. The research employs a normative juridical method through statutory and conceptual approaches. The findings reveal that blokchain currently occupies a legal grey area: technically compatible with the validity requirements of agreements under Article 1320 of the Civil Code and meeting the criteria for Electronic Information under Article 5 of the ITE Law, yet formally lacking explicit recognition due to its conflict with Perum Peruri's monopolistic authority established under Law Number 10 of 2020 on Stamp Duty. Four normative gaps are identified, encompassing the absence of evidentiary guarantees for blokchain-verified documents, the lack of mandatory standards for Electronic Certification Providers, the ambiguity in civil liability allocation for automated system failures, and the conflict between blokchain's immutability and the right to erasure under the Personal Data Protection Law. Comprehensive specific regulations constitute an urgent normative necessity to ensure legal certainty for Indonesia's digital contract ecosystem.

Ismed Batubara; Rini Novita; Dhani DS Hasibuan; Hengky Syahyunan; Indra Fajar

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine the influence of local wisdom as a living law on personal data protection behavior, as well as assess the role of Islamic law ethics and digital literacy in the context of intimate digital crime in Indonesia. The background of this research is based on the increasing cases of misuse of personal data in the digital space that have not been fully responded to effectively through formal legal approaches. The method used a quantitative approach with a correlational explanatory design. Data were obtained through the distribution of a questionnaire based on the Likert scale to 150 respondents who were selected purposively, then analyzed using descriptive statistics, Pearson correlation, and simple linear regression. The results showed that local wisdom of alwasliyahan had a positive and significant influence on personal data protection behavior (β = 0.42; p < 0.05). Islamic legal ethics serve as a mediating variable that strengthens the relationship, while digital literacy provides a positive influence at a moderate level. These findings show that the internalization religious and cultural values plays an important role in shaping individual awareness and behavior in protecting personal data in the digital era. The conclusion of this study emphasizes that local wisdom can function effectively as a living law in supporting the protection of personal data. This research makes theoretical contribution the development of the study of Islamic law and the sociology of law, as well as practical implications for policy formulation that integrates formal regulations, cultural values, and digital literacy.

Anggi Yulia; Safira Natasya; Ika Arinia Indriyany

Deposisi: Jurnal Publikasi Ilmu Hukum 2026 International Forum of Researchers and Lecturers

 Sexual violence against women and children is still a serious problem in Indonesia. Girls are among the most vulnerable groups because of their young age, emotional dependence, and the imbalance of power with perpetrators who are generally older or close to the victim. Cases of violence often occur in various environments, such as within the family, early marriage, or social relationships such as dating or friendships with older men. This situation often places girls in a weak position, making it difficult for them to resist or report the violence they experience. This research aims to examine forms of sexual violence against girls in relationships with large age differences and examine legal protection based on Law Number 12 of 2022 concerning Crimes of Sexual Violence. The research uses qualitative methods through literature study by reviewing books, scientific journals, regulations, and data from the Ministry of Women's Empowerment and Child Protection. The results of the study show that unequal age relations often give rise to power inequalities that trigger domination, control and various forms of violence, such as sexual coercion, physical violence, psychological manipulation and domestic exploitation. The TPKS Law plays an important role as a basis for legal protection and fulfillment of rights for victims

Edo Romario Pratama; Irma Suriyani; Kalen Sanata

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The development of financial technology has led to the emergence of online lending services based on Peer-to-Peer Lending (P2P Lending), which offer easy access to unsecured financing. However, this convenience poses significant risks when targeted at university students, who generally lack stable income and have weak financial literacy. The absence of manual verification and the suboptimal application of the prudential principle may result in a disproportionate debt burden for students. This study aims to analyze the extent to which the prudential principle is implemented by P2P Lending providers in granting loans to students, as well as to examine the legal construction of online lending agreements from a consumer protection perspective. This research employs a normative juridical method using statutory, doctrinal, and conceptual approaches. Data were obtained through literature review of relevant laws and regulations, legal literature, and supporting documents. The application of the prudential principle by P2P Lending providers remains limited and tends to focus more on user expansion than on debtor risk analysis. Online loan agreements are unilaterally drafted through standard contracts that place students in a weak legal position, without adequate protective mechanisms. Students, as vulnerable debtors, have not yet received optimal legal protection due to weak implementation of the prudential principle and exploitative contractual arrangements. Regulatory reform and strengthened oversight are necessary to ensure contractual fairness.

Kristina Matilda; Jimmy Pello; Debi F. Ng. Fallo

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

This study aims to analyze The Responsibility of the Regional General Hospital (RSUD) TC. Hilers Maumere regarding the practice of burning medical waste and to examine its conformity with the provisions of Law Number 17 of 2023 concerning Health and other regulations related to hazardous waste management. Medical waste management is an important issue because improper handling may cause environmental pollution and pose serious risks to public health. This research employs an empirical legal research method with a descriptive approach, examining how the law operates in society through field data collection and analysis of relevant legal regulations.The results show that RSUD TC. Hilers Maumere implements a waste management system that includes the separation of household waste, liquid waste, and hazardous and toxic waste (B3). Medical waste is categorized and packaged according to its type, weighed, temporarily stored in medical waste storage facilities, and then destroyed using an incinerator or transported by authorized third parties. However, the practice of burning medical waste must be strictly supervised to prevent environmental impacts and potential legal violations. Therefore, stronger supervision, compliance with medical waste management standards, and the implementation of firm legal responsibility are necessary to protect public health and environmental sustainability.

Yakobus Riry; Karmanis Karmanis; Tri Lestari Hadiati

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the prevalence of illegal parking attendants and their impact on public service delivery and the Regional Gross Domestic Product (GDP) in Sorong City. The method used is a mixed-method approach. The study employed quantitative methods, including a questionnaire survey and descriptive statistical analysis, as well as correlation analyses, and qualitative methods, including in-depth interviews and source triangulation. The results indicate that local government oversight, compliance with parking regulations, and the quality of public services are positively and significantly related to increases in local revenue (PAD). Qualitative findings revealed that illegal parking practices lead to revenue leakage, degraded service quality, and public order issues. Consequently, local governments need to strengthen oversight, digitize parking payments, and provide officers with training to increase transparency and optimize local revenue (PAD). The study's limitations lie in its small sample size and its focus on a single location. Future research is recommended to expand the sample, compare several regions, and employ a more comprehensive policy analysis. These results contribute to the development of informal-economy and social-order theory in the context of urban parking management. In practice, the research findings can serve as the basis for formulating more effective and sustainable parking management policies. Implementation of the recommendations is expected to improve the quality of public services and public trust in local governments effectively and sustainably in the future.

Nasywa Nathania Sukma; Anti Wulan Agustini

Jurnal Pengabdian Masyarakat dan Transformasi Kesejahteraan 2026 Lembaga Pengembangan Kinerja Dosen

Community service is a form of implementation of the Tri Dharma of Higher Education which aims to make a real contribution to society through the application of science and research results. This activity focuses on improving the quality of regional public services through transparency of information on governor's regulations at the Legal Bureau of the Banten Provincial Regional Secretariat. The problem faced by the community is that there is still limited access and understanding of various regional law products, especially governor's regulations related to the implementation of government and public services. The methods used in this activity include the preparation stage, implementation of socialization, delivery of information, and evaluation of activities to the community. The results of the activity show that transparency of legal information is able to increase public understanding of local government policies and encourage community participation in the process of implementing government. In addition, this activity also contributes to increasing public legal awareness and strengthening the relationship between the government and the community. Thus, information transparency is an important factor in realizing good and accountable governance, transparent, effective, efficient, and oriented to the public interest.

Nona Serly, Veronika; Pati Sanga, Konstantinus; Lamawitak, Paulus Libu

Jurnal Projemen UNIPA 2026 Universitas Nusa Nipa Maumere

The development of digital technology in recent years has had a significant impact on almost all sectors, especially the financial sector. Digitalization is no longer an option but a fundamental necessity for financial institutions, including Savings and Loan Cooperatives (KSP), to remain competitive and capable of providing efficient, accurate, and high-quality services. The need for technology that can improve service processes, data management, and transactions has become increasingly urgent amid the growing complexity of cooperative members’ demands and the increasing competition among financial institutions.This study aims to analyze the transformation of financial services at KSP Credit Union Bahtera Sejahtera through the implementation of the Escete Program, an online-based digital system. Before 2019, this cooperative used the SIKOPDIT CS system which operated offline, resulting in difficulties in data synchronization and service efficiency. The method used in this study is a qualitative descriptive approach using the perspective of Institutional Theory to examine the motivations behind organizational change.The results of the study indicate that the transition from SIKOPDIT CS to the Escete Program is not merely a technical change but also a form of organizational adaptation to three institutional pressures: (1) Coercive Pressure arising from regulations requiring financial transparency; (2) Mimetic Pressure as an effort to emulate the success of banking digitalization; and (3) Normative Pressure to meet members’ expectations and the professionalism of human resources. The implementation of the Escete Program has proven to improve real-time data accuracy, accelerate services through Android integration, and transform the organizational work culture into a more modern and transparent one.

Kuntariningsih, Apri; Andhi Supriyadi

An International Journal Tourism and Community Review 2026 Akademi Kesejahteraan Sosial Ibu Kartini Semarang

Tourism regulations play a critical role in shaping destination competitiveness and influencing tourist travel decisions, yet empirical evidence on their effectiveness across different institutional contexts remains limited. This study investigates the impact of tourism regulations on tourist visit performance through a comparative quantitative analysis of Indonesia and Singapore. Using panel data covering the period 2010–2023, this research employs a fixed-effects regression model to examine the relationship between regulatory quality and tourist arrivals, while controlling for economic conditions and transport infrastructure. The findings reveal that tourism regulations have a positive and statistically significant effect on tourist visit performance in both countries. However, the magnitude of the effect is substantially stronger in Singapore, indicating higher regulatory efficiency and institutional effectiveness in translating policy interventions into tourism demand. These results support institutional and tourism demand theories, emphasizing that regulatory quality, rather than regulatory volume, is a key determinant of tourism performance. The study contributes to the tourism policy literature by providing cross-national empirical evidence on regulatory impacts and highlighting the importance of governance capacity in tourism development. From a policy perspective, the findings suggest that countries should prioritize regulatory coherence, administrative efficiency, and adaptive governance to enhance tourism competitiveness and resilience.

Ni Nyoman Wulan Prasintya Putri; I Wayan Wesna Astara; Ni Komang Arini Setyawati

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the implementation of spatial planning regulations in the development of tourism accommodations and law enforcement against spatial planning violations in the Bingin Beach area, Badung Regency. The rapid development of tourism in the area has encouraged the construction of various facilities such as villas, hotels, and restaurants, some of which are located in coastal areas and do not fully comply with spatial planning and licensing regulations. This study uses empirical legal research methods with a legislative approach, case approach, and legal sociology approach. Data was obtained through observation, interviews, and document studies, then analyzed qualitatively. The results show that the implementation of spatial planning regulations in Bingin Beach has not been optimal because there are still tourism accommodation buildings that violate zoning and coastal boundary line regulations. This condition is influenced by weak supervision, rapid tourism development, and lack of compliance with licensing procedures. Law enforcement is carried out by the local government through the imposition of administrative sanctions and efforts to control buildings that do not comply with spatial planning. This law enforcement aims to maintain order in the use of space and protect the sustainability of the coastal environment.

Dian Anggraini Sihombing; Muhammad Hizbullah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Marriage in Islam is not only a civil bond, but also a very strong bond (mitsaqan ghalidzan) to obey Allah's commands and carry it out as worship. The purpose of marriage in Islam is to fulfill religious guidance in order to establish a harmonious, prosperous and happy family, where the relationship between husband and wife is in a strong bond in accordance with the commands of Allah SWT. The purpose of this study is to analyze the legal provisions regarding marriage dispensation, analyze the judge's legal considerations in Decree Number 46 / Pdt.P / 2024 / PA.Lpk., and analyze the implementation of the principle of the best interests of children in determining marriage dispensation at the Lubuk Pakam Religious Court. The research method used is normative juridical legal research with a document study approach to laws and court decisions. Data sources consist of primary data obtained through interviews with judges, clerks, and religious figures, as well as secondary data in the form of primary, secondary, and tertiary legal materials. The data analysis technique uses qualitative analysis. The results of the study show that: Legal provisions regarding marriage dispensation are regulated in Article 7 of Law Number 16 of 2019 which sets the minimum age limit for marriage at 19 years for men and women, with exceptions where dispensation can be requested from the Court for urgent reasons. Supreme Court Regulation Number 5 of 2019 regulates the procedure for examining marriage dispensation cases which requires the judge to listen to the child's statement, verify the absence of coercion, and consider the best interests of the child. The judge's legal considerations in Decision Number 46/Pdt.P/2024/PA.Lpk. have fulfilled formal requirements by considering the authority to adjudicate, the applicant's legal standing, the reasons for the request in the form of a very close relationship, the absence of coercion, the absence of obstacles to marriage, and the economic readiness of the prospective husband. The implementation of the principle of the best interests of the child has been carried out through providing advice on the risks of child marriage, listening to the child's opinions, and suggesting marriage postponement, although there are still limitations such as the lack of referrals to psychologists and minimal consideration of continuing education. The conclusion of this study is that the Lubuk Pakam Religious Court has implemented the provisions of marriage dispensation in accordance with applicable laws and regulations. The judge's legal considerations in Decree Number 46/Pdt.P/2024/PA.Lpk have fulfilled the formal and material aspects, however, the implementation of the principle of the best interests of the child still faces challenges from the normative, institutional, and socio-cultural aspects.

Yohanes Baptista Geroda Laga Doni Soge; Saryono Yohanes; Mario Aprio Almit Lawung; Rafael Rape Tupen

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2026 Pusat Riset dan Inovasi Nasional

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.