Publication Search

This research aims to analyze the representation of mental disabilities and the concept of justice in the film Miracle in Cell No. 7 from a gender studies perspective. The film features a main character with intellectual disabilities who is a victim of an uninclusive and patriarchal legal system. The representation of disability in the film shows a combination of empathy and infantile stereotypes that place people with disabilities as objects of pity without agency. Through Stuart Hall's representation theory approach and Crenshaw's intersectionality framework, this research reveals how class identity, gender, and disability shape the main character's subordinate position. The method used is qualitative with a descriptive-analytical approach, where data is analyzed based on symbols, narratives, and cinematic elements in the film. The results show that the film uses emotional strategies to build closeness with the audience, but risks reproducing structural biases against vulnerable groups. Nonetheless, the film still has potential as a medium for social criticism of legal injustice and representational bias in popular culture. This research recommends the need for a more inclusive and humane cinematic approach in depicting people with disabilities and gender inequality.

The practice of divorce without going through a formal court process, commonly referred to as informal or unregistered divorce, remains prevalent in Indonesian society despite clear regulations outlined in Law Number 1 of 1974 on Marriage. This paper aims to examine the legal dimensions of such practices and explore the social and psychological impacts, particularly on children. Findings indicate that divorces conducted outside the legal framework not only violate national laws but also often result in disadvantages for vulnerable parties, especially women and children. In Islamic teachings, while divorce is permissible, it is considered the most detested lawful act by Allah and should only be pursued after all efforts at reconciliation have failed. National legal provisions echo this perspective by emphasizing mediation and the principle of justice as primary steps in resolving marital disputes. This alignment reflects a harmony between religious norms and state law. Therefore, public awareness of proper legal procedures for divorce needs to be enhanced to protect individual rights and preserve family stability. Strengthening legal education and premarital counseling are effective preventive strategies in this regard.  

The current Indonesian legal system recognizes two paths of judicial review, although this division of authority is constitutionally legal, but in practice it raises serious problems. One of them is the inconsistency of decisions between judicial institutions. For example, there is a Supreme Court decision that cancels Regional Regulations that have previously been studied by the Constitutional Court, causing confusion in the application of the law. This not only weakens the principle of legal certainty, but also raises problems in the effectiveness of the judicial system. This study aims to identify the concept of restructuring the ideal regulatory testing mechanism according to the principle of the state of law and the theory of norm hierarchy and analyze the need for restructuring the regulatory testing mechanism in Indonesia from the perspective of legal certainty, justice, and law enforcement effectiveness. The research method used in this study is normative juridical and uses a legislative approach. The results of the study show.  

This study aims to analyze the policy of digitizing public services at the sub-district level in the perspective of state administrative law. Digital transformation in the public bureaucracy in the modern era is an important step in creating effective, efficient, and accountable services. However, the implementation of digitalization is often not accompanied by an adequate legal framework, resulting in the potential for administrative irregularities and violations of the principles of good governance. Using a normative research approach, this study examines the compatibility of digitization policies with the principles of state administrative law, such as the principles of legality, legal certainty, proportionality, professionalism, openness, and accountability. The results of this study show that the digitization of public services at the sub-district level requires strengthening technical regulations, increasing the capacity of the apparatus, and integrating digital service systems and standards based on legal principles. This research not only focuses on technological innovation, but is also supported by a strong legal foundation to ensure the protection of public rights and the legitimacy of public services.

The development of digital technology has brought various innovations to the financial system, one of which is sharia crowdfunding. As a form of technology-based fundraising based on sharia principles, this mechanism aims to avoid elements of usury, gharar, and maysir which are prohibited in Islam. This article discusses the legal aspects and operational mechanisms of sharia crowdfunding from the perspective of Islamic law and regulations in Indonesia. By using a qualitative research method based on literature analysis, sharia crowdfunding has a strong legal basis through the fatwa of the National Sharia Council-Indonesian Ulema Council (DSN-MUI) and the regulations of the Financial Services Authority (OJK). In practice, sharia crowdfunding uses various contracts such as mudharabah, musyarakah, and wakalah bil ujrah to ensure fair and transparent transactions. Although it has promising prospects, challenges such as lack of sharia financial literacy, limited specific regulations, and digital security aspects are still major obstacles in its implementation. Therefore, collaboration between regulators, industry players, and the community is needed to encourage a more inclusive and sustainable sharia crowdfunding ecosystem.  

The phenomenon of paid nikah muhallil reflects a serious deviation in public understanding of Islamic teachings on marriage. This practice is carried out to circumvent the prohibition of reconciliation after a triple divorce by engineering a temporary marriage through financial compensation. This study aims to examine paid nikah muhallil from the perspective of the Prophet’s hadiths and the urgency of proper Islamic legal socialization. A qualitative method with a descriptive-analytical and takhrij hadith approach was employed, involving library research of primary and secondary sources. The findings show that the hadiths addressing the prohibition of nikah muhallil are authentic (shahih) and well-known (masyhur), supported by various hadith compilations and scholarly opinions. This practice is explicitly forbidden as it contradicts the objectives of Sharia (maqashid syariah) and undermines the moral and spiritual values of marriage. The implication of this study underscores the importance of structured hadith education and socialization to prevent society from engaging in legal manipulation that harms family integrity and Islamic values.  

As countries located in the Asian region, Malaysia and Indonesia each have their own investment appeal. Over time, many investors have shown a stronger preference for investing in Malaysia rather than Indonesia. This phenomenon is influenced by various factors, making it a compelling subject of study. This research aims to examine the distinguishing factors in the investment appeal of Malaysia and Indonesia, particularly from the perspective of the positive legal systems in both countries. The objective of this study is to understand the legal regulations governing investment in Indonesia and Malaysia and to determine which regulatory framework is more attractive to investors. The research employs a normative juridical method using a comparative law approach. Data were collected from primary legal materials such as legislation and secondary sources such as books, journals, and previous studies through a literature review. The data were then analyzed descriptively and comparatively. The research findings indicate that Malaysia's investment regulatory framework is more attractive to investors compared to that of Indonesia. This is primarily due to the greater stability of Malaysia’s investment regulations and their relatively infrequent sudden changes. Furthermore, Malaysia’s legal system, which is based on common law, offers greater flexibility to foreign investors. The ease and stability of regulations in Malaysia make it a more preferred investment destination. These findings offer valuable input for the Indonesian government to improve its investment regulatory framework.

This study aims to examine the practice of elopement (kawin lari) and its legal consequences from the perspective of Batak Angkola customary law, as well as its relation to Law Number 1 of 1974 on Marriage. The research was conducted in Sibangkua Village, Angkola Barat District, South Tapanuli Regency. The method used is an empirical legal approach, with data collected through observation and interviews with traditional leaders, religious figures, village officials, and individuals involved in elopement. The findings reveal that elopement frequently occurs in Batak Angkola society, mainly due to high dowry demands, disapproval of arranged partners, or violations of social and religious norms. The resolution process is carried out through customary stages such as mandokon ulang agoan, marsapa adat, and patibal sere. Although the national marriage law does not explicitly regulate elopement, it is recognized within Batak Angkola custom and has a structured resolution mechanism. Nevertheless, socially, elopement is often viewed negatively and may damage the family’s honor.

The Baiq Nuril case is a clear reflection of the political problems of criminal law in Indonesia, especially in the context of protecting victims of sexual violence and the application of the Electronic Information and Transaction Law (ITE Law). Baiq Nuril, a victim of verbal harassment by her superior, was criminalized through Article 27 paragraph (1) of the ITE Law after she recorded an obscene conversation as a form of self-protection. This research uses a normative juridical approach by analyzing relevant legal instruments and their application in the Baiq Nuril case. The results show that the use of the article contains structural bias and shows an imbalance of perspectives in the criminal justice system, which tends to ignore the position of victims as well as the social context and power relations that surround them. In addition, the article's multiple interpretations open space for criminalization of victims, especially women, instead of providing protection. This case emphasizes the importance of criminal law reform oriented towards substantive justice and in favor of victims, as well as the need to revise the ITE Law so that it does not become a tool of repression against vulnerable groups. The amnesty granted by the President to Baiq Nuril is a political corrective step, but has not touched the root of systemic problems in law enforcement that have not been in favor of victims of gender-based violence.

Under Law No. 1 of 2023 or the New Criminal Code, capital punishment is regulated as a punishment that involves the deprivation of the defendant's life for serious crimes committed, with its implementation following the procedural rules for capital punishment in Indonesia. The provisions outlined in Article 67 of the New Criminal Code specify the application of capital punishment in Indonesia, stating that it is no longer the primary punishment but rather the last resort after a ten-year probationary period. This study uses a normative legal method with legal sources such as primary legal materials, namely laws regulating capital punishment, as well as secondary legal materials, which explain and clarify the primary laws. The debate on capital punishment involves two main schools of thought, namely those who support the application of capital punishment for serious crimes and those who reject the application of capital punishment due to the human rights perspective adopted by the Indonesian state.  Criticism of the death penalty includes issues of the right to life and the legal treatment that should be given by the government to defendants for extraordinary crimes, especially in cases of corruption, premeditated murder, and narcotics. In this study, it was found that (1) the optimal form of regulation of the death penalty for extraordinary crimes has actually been implemented quite well, but the execution of the death penalty is still considered weak by the author because the execution must be preceded by a waiting period of several years in prison for the condemned prisoner (2) that the death penalty is not contrary to human rights, whether viewed from a legal, religious, or international perspective. (3) The new Criminal Code can balance the retributive and rehabilitative aspects as the ideal concept for the implementation of the death penalty. However, in some provisions, it is hoped that the death penalty can be used as a Premium Remedium in certain cases.

Domestic violence is a human rights violation that still occurs frequently in Indonesia, despite being regulated in Law No. 23/2004 on the Elimination of Domestic Violence. Many victims, especially women, choose to resolve domestic violence cases peacefully due to various factors such as social pressure, economic dependence, and community stigma. This research aims to analyze the factors behind the victim's decision to choose an amicable settlement and evaluate the mechanism from a victimology perspective. The research methodology uses an empirical juridical approach with primary data collection through interviews with victims of domestic violence in Serang City and secondary data from legal documents and related literature. The results show that the decision to reconcile is influenced by the presence of children in the household, economic independence, fear, and family or other people. In addition, efforts that can be made to ensure the prevention of recurrence of domestic violence are with temporary protection regulated in Article 16 of the PKDRT Law. The contribution of this research lies in an in-depth understanding of the dynamics of peaceful settlements in domestic violence cases and victimology-based policy recommendations to improve victim protection. This research also encourages the application of a restorative justice approach that favors the psychosocial needs of victims and the prevention of repeated violence.

The provision of sustenance (nafaqah) is a crucial aspect of family life that is strongly emphasized in Islamic teachings. This study aims to explore the urgency of nafaqah through a thematic approach to authentic (ṣaḥīḥ) hadiths that address the obligation of financial support, viewed from legal, ethical, and social perspectives. Using the maudhū‘ī (thematic) method, this research collects and analyzes ṣaḥīḥ hadiths from major compilations such as Ṣaḥīḥ al-Bukhārī and Ṣaḥīḥ Muslim to gain a comprehensive understanding of Islamic principles regarding nafaqah. The findings reveal that providing sustenance is not only a legal duty of the husband, but also a sign of faith, compassion, and a means of maintaining social stability. This study highlights the importance of a proper understanding of nafaqah in Islam as a foundation for building a harmonious and God-pleasing family.

This study examines the implementation of restorative justice approaches in handling sexual violence cases after the enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (UU TPKS). Through a qualitative approach with empirical juridical design, the research was conducted using in-depth interviews with informants from the Legal Resource Center for Gender Justice and Human Rights (LRC-KJHAM) in Semarang and literature review. The findings reveal inconsistencies in the implementation of Article 23 of UU TPKS, which prohibits out-of-court settlements except for juvenile offenders. Law enforcement officers, particularly the police, still employ peaceful settlement approaches based on older regulations that contradict UU TPKS. This condition negatively impacts victims who often do not receive proper justice and recovery, and even experience revictimization. This research recommends that the government promptly develop more operational derivative regulations and enhance the capacity of law enforcement officers to adopt a victim-centered perspective.

Sexual harassment against children in Islamic boarding schools is a serious issue that demands special attention, particularly in the context of legal protection for victims. This study aims to analyze the position and role of child victims in the dynamics of sexual harassment crimes within pesantren, as well as to identify forms of legal protection that can be provided through a victimological approach. One of the cases highlighted in this research occurred at Bani Ma’mun Islamic Boarding School, located in Gembor Udik Village, Cikande Sub-district, Serang Regency, which illustrates the weak protection afforded to children in religious educational environments. By employing an empirical juridical method and referring to secondary data such as legislation, legal documents, and academic literature, this study finds that child victims often do not receive optimal protection, either in the criminal justice process or in terms of psychosocial support. The victimological perspective emphasizes the importance of fulfilling victims' rights, including the right to security, physical and mental rehabilitation, and social reintegration. In this context, protection efforts should not only focus on imposing sanctions on perpetrators but also include the formulation of policies oriented toward the recovery of victims. Therefore, this study recommends strengthening institutional capacity within pesantren to develop and implement comprehensive child protection mechanisms, including regulatory reform and more responsive law enforcement toward victims of sexual crimes. This research is expected to contribute to the development of a legal framework that is more victim-oriented within Indonesia’s criminal justice system.

Along with the development of the era, the virtual world or the internet is also growing rapidly. In its development, there must be positive and negative things. The term cyberbullying is the use of technology to intimidate, intimidate, or victimize a person or group and this is one of the negative things from the development of the virtual world or the internet. This study uses a normative legal research method, which examines related issues from a human rights perspective and uses laws and regulations and doctrines as study materials for cases that will be classified as cybercrime/stalking or commonly referred to as cyber harassment. Cyberbullying has various forms and approaches. When viewed from a human rights perspective, cyberbullying is strictly prohibited from being carried out on fellow cyberspace users, which in human rights is regulated in Article 30 of Law No. 39 of 1999 concerning Human Rights which reads: "everyone has the right to a sense of comfort and peace and protection against the threat of fear to do or not do something". In this article it is clearly stated that everyone has the right to obtain a sense of comfort in their lives and peaceful conditions and protection from the threat of fear, which refers to cyberbullying which can share the threat of fear against one person and another.

The implementation of the death penalty remains controversial, especially when viewed through the lens of human rights such as the right to life and freedom from torture. In Indonesia, the death penalty is enforced for serious crimes, but not yet applied to corruption. This research explores the possibility of applying the death penalty to corruption cases and identifies the obstacles hindering its enforcement. Using a normative legal research approach, this study examines both primary and secondary legal materials. Corrupt acts in Indonesia are punishable by imprisonment, restitution, and in severe cases, the death penalty. The enforcement of penalties is part of Indonesia's criminal justice system, encompassing legal substance, legal structure, and legal culture. From a criminal policy perspective, the death penalty may serve as a deterrent and contribute to social welfare. However, its implementation faces challenges, including weak legal foundations, concerns over human rights, and pressure from international human rights agreements.

In the perspective of victimology, children who are victims of domestic violence are viewed as a vulnerable group that needs protection and justice. This study aims to analyze the patterns of victimization, factors, and legal protection for child victims of Domestic Violence in Ciruas Pasar Village. The research method used in this study is empirical juridical. The data sources consist of primary and secondary data collected using interview techniques and field studies, and analyzed using qualitative descriptive methods. The results of this study indicate that children as victims of Domestic Violence experience complex victimization, including physical and verbal violence perpetrated by the father figure with a background of economic problems and emotional instability. The lack of public awareness, the victims' courage to report, and limited access to rehabilitation services are factors contributing to the inadequate implementation of legal protection for child victims of Domestic Violence in Ciruas Pasar Village. Therefore, synergy between the government, law enforcement agencies, social institutions, and the community is needed to create a more effective, inclusive, and sustainable child protection system.

Assault is a criminal act intentionally committed to cause pain, physical injury, or damage to another person. As a state governed by law, efforts to address assault crimes are necessary as part of law enforcement. However, existing regulations focus mainly on the perpetrators, and there is a need for regulations that also focus on the victims, examined through the perspective of victimology. The purpose of this study is to give greater consideration to the victim's side in a criminal act, how victims are more heavily impacted, and the legal protection that remains insufficiently fulfilled. This research uses a theoretical study with the approach of victimology theory and restorative justice theory. It employs a normative empirical method with secondary data, based on legislation. The results of this study show that victims of assault crimes suffer impacts in every aspect, including physical injuries, psychological disturbances, economic effects, and social life disruption. Victims of assault should receive protection from the victimology perspective, such as restitution or compensation, counseling assistance, medical aid, and legal support. However, these protections have not been adequately fulfilled. This is illustrated by case number 695/Pid.B/2024/PN SRG, where the defendant was sentenced under Article 351 paragraph (2) for assault causing serious injury to the victims, with a prison sentence of 1 year and 10 months plus a court fee of Rp. 2,000 (two thousand rupiah). Considering the victims experienced terror before the incident and multiple stabbing actions resulting in physical and psychological harm, the victims are entitled to restitution, counseling, and adequate legal assistance. Yet, in reality, such protections remain unmet.

Gender-based violence against women and children is a serious problem in Indonesia that reflects the inequality of social structures and the weakness of legal implementation. This study aims to examine the extent to which the Indonesian legal system is able to provide fair, equal, and gender-responsive protection to victims of violence, as well as assess the challenges in its application. The type of research used is a normative-critical study with a Feminist Legal Theory approach. The results of the analysis show that although there are regulatory advances such as the TPKS Law and the Presidential Instruction on Gender Mainstreaming, their application is still biased, not victim-friendly, and lacks a gender perspective. In conclusion, the law in Indonesia has not fully guaranteed substantive justice for victims. Therefore, it is recommended that legal reforms based on victims' experiences, increasing the capacity of law enforcement officials, and strengthening victim service institutions to encourage inclusive and transformative justice.

Indonesia has experienced a rising trend in criminal activity, with theft emerging as one of the most prevalent forms. This crime has various modes and targets, ranging from theft of ordinary valuables to theft of high-value items, one of which is theft by breaking into car windows targeting the valuables inside (car burglary). The main focus in law enforcement is often only on the perpetrators, so that victims are often neglected and the rights of victims are often not fulfilled.  This study explores the phenomenon from a victimology perspective, focusing on cases of car burglary in Kramatwatu. The research method of this study is an empirical legal method involving secondary data research followed by primary data research or direct field data. Findings indicate that victim negligence, such as leaving valuables in a position that can be seen from the outside, contributes to the occurrence of these crimes. Additionally, the study reveals that several victims' rights remain unfulfilled due to shortcomings in the law enforcement process. This underscores the need for a more victim-centered approach within the criminal justice system.