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The cassation legal effort has a high urgency in the Indonesian civil justice system as a corrective mechanism for errors in the application of law and an instrument to ensure uniformity of national law. The relevance of this topic is increasing along with the large number of cassation cases submitted to the Supreme Court (MA) and has the potential to hamper the legal function of the highest judicial institution. This study aims to analyze the effectiveness of the application of cassation in civil cases and identify various obstacles that affect its implementation. This study uses a normative legal method with a regulatory approach and case studies supported by a literature study of laws and regulations, court decisions, and appropriate legal literature. The research findings indicate that the effectiveness of cassation is hampered by a combination of internal factors, such as excessive caseloads and limitations of the MA information system, as well as external factors such as weak legal understanding of the parties, declining quality of previous court decisions, and misuse of cassation as a litigation strategy. This study concludes that structural reform and increased capacity of judicial actors are needed, as well as strengthening of civil procedural law norms in order to clarify the role of cassation as a tester of the application of law, not a forum for objections to facts. This study contributes to the discourse on judicial reform and opens up opportunities for further research with empirical and comparative legal system approaches.

Restricting judicial review (peninjauan kembali) for state administrative officials through Constitutional Court Decision No. 24/PUU-XXII/2024 represents a pivotal shift in Indonesia’s administrative justice framework. This study critically examines the constitutional, theoretical, and comparative dimensions of that decision, situating it within the principles of equality before the law and due process enshrined in the 1945 Constitution. Employing a normative-qualitative design grounded in doctrinal analysis and comparative law methods, the research analyzes primary sources including the 1945 Constitution, Law No. 5 of 1986 on State Administrative Courts, Law No. 14 of 1985 on the Supreme Court, and the Constitutional Court’s decision and is supplemented by relevant academic literature. Findings reveal that the decision undermines procedural equality by asymmetrically restricting state entities’ access to extraordinary remedy mechanisms without addressing systemic enforcement deficiencies. Comparative analysis with French, German, and Thai administrative law systems demonstrates that modern rechtsstaat states preserve substantive justice through inclusive access to judicial review while enforcing robust procedural safeguards. The study concludes that targeted institutional reforms such as establishing an autonomous executorial agency, enacting contempt-of-court legislation, strengthening ombudsman oversight, and enhancing judicial education offer more constitutionally sound solutions to improve compliance with administrative court rulings. It further underscores the crucial role of rechtsvinding and proportionality in reconciling procedural limitations with constitutional mandates for substantive justice and legal certainty.

Abstract, This research was conducted with the aim of exploring the legal reconstruction efforts based on the Maqasid al-Shari’ah perspective, as reflected in the decision issued by the Supreme Court, in order to provide a legal breakthrough in the distribution of inheritance through the concept of wasiat wajibah (compulsory will) for non-Muslim heirs. The difference in religious affiliation within family law gives rise to serious inheritance issues, as Islamic law strictly prohibits inheritance between people of different religions. In order to maintain national unity and integrity, the Supreme Court issued Decision Number 331 K/AG/2018, which grants the right to a wasiat wajibah to heirs who have converted out of Islam or are non-Muslims. This study is a normative juridical research that employs two legal approaches: the conceptual approach and the analytical approach. The data collection technique used to achieve the research objectives is library-based documentation study. The findings show that all judicial bodies in Indonesia must refer to Article 49, Articles 1 and 2 of the 1989 Law concerning legal provisions on litigation, management, and enforcement of civil litigation in inheritance cases. Furthermore, Qur’an Surah An-Nisa verse 141 and Hadiths from Al-Bukhari and Muslim explain that Islamic identity must be a determining factor for heirs, disregarding wills that are not valid under Islamic law. Based on the results, it can be concluded that a wasiat wajibah for apostate or non-Muslim heirs is treated not as an inheritance, but as a special bequest. According to the Maqasid al-Shari’ah, which serves as the foundation for achieving the objectives of Islamic law through its five core principles of protection, the concept of wasiat wajibah for non-Muslim heirs plays a crucial role in: preserving religion by fostering interfaith tolerance; preserving life by preventing familial conflict; preserving intellect by ensuring access to education for non-Muslim descendants; preserving lineage by recognizing the rights of children as biological heirs through inheritance; and preserving wealth by ensuring the rightful and responsible transfer of ownership of the deceased’s estate.    

Postponement of Debt Payment Obligations (PKPU) is a legal mechanism that provides an opportunity for creditors and debtors to submit a debt reschedule plan to avoid bankruptcy. In the PKPU process, creditors have a role in determining the success of the agreement. In this case, concurrent creditors are more advantaged, because their position can be equal to that of separatist creditors who have collateral. This study examines how the existence of concurrent creditor sovereignty in the agreement process through PKPU, and to what extent the regulations regarding concurrent creditors and their rights are benefited in the cassation decision, especially in the Supreme Court Decision Number 751 K /Pdt.Sus-Pailit/2024. This research is a normative legal research, with prescriptive legal approach and conceptual approach. The types of data used include primary and secondary legal materials, which are collected through literature studies. The legal material analysis technique uses the syllogism and interpretation methods. The results of the analysis, this study identifies how the protection of concurrent creditor sovereignty in peace through PKPU. And how the Supreme Court Decision in Decision No. 751 K/Pdt.Sus-Pailit/2024 pays more attention to concurrent creditors. In this discussion, shows how the regulations and legal protection of concurrent creditors, while discussing the Supreme Court Decision No. 751 K/Pdt.Sus-Pailit/2024 which gave rise to polemics in the interpretation of the provisions of Article 281 paragraph 1. However, it is likely to reflect the judiciary in considering all creditors and debtors, to achieve equal justice for all parties.

Employee transfers are common in companies, but regulations regarding transfer provisions are still very minimal. The absence of specific provisions governing transfers is often misused by employers, resulting in industrial relations disputes, one of which occurred between PT. Amartha Manunggal Prima and Khairunnisa Utami. This study aims to analyze the validity of the transfer process carried out by the company if there are no provisions or legal basis underlying the transfer process. This study uses a normative legal method, by analyzing the conformity between the considerations of the Panel of Judges in Decision Number 24/Pdt.Sus-PHI/PN JMB with laws and regulations, especially Law Number 6 of 2023 concerning the Ratification of the Job Creation. Based on the results of the analysis, a transfer process is one of the company's rights to regulate human resources for the interests and progress of the company and in general transfers are regulated in work agreements, joint work agreements, or company regulations. If the mutation process is not regulated, then the mutation must be based on an agreement between the two parties as mentioned in the Supreme Court Decision Number 567 K/Pdt.Sus-PHI/2016 which stipulates that mutations without the consent of workers can be canceled through the industrial relations court. In addition, mutations must not conflict with existing laws and regulations, especially Article 32 of the Manpower Law which regulates the placement of workers,  

The Constitutional Court (MK) Decision Number 55/PHPU.BUP-XXIII/2025 is an important precedent in the dynamics of regional head election law in Indonesia. The Constitutional Court canceled the participation of the North Gorontalo Regent candidate pair because one of the candidates was still undergoing a criminal probation period. This article analyzes the Constitutional Court's legal considerations and their implications for the principle of legal certainty and protection of voters' constitutional rights. This study uses a normative legal approach with a descriptive-qualitative analysis method of laws and regulations and Supreme Court decisions. The results show that the enforcement of strict nomination requirements by the Constitutional Court emphasizes the importance of compliance with the law in the democratic process, while ensuring that regional head candidates have proper moral and legal integrity, this decision also emphasizes that the election process is not only procedural, but also substantial in ensuring the quality of leadership that will be elected. In addition, this decision provides guidelines for election organizers, especially the General Election Commission (KPU), to be more careful in conducting factual verification of candidate requirements. On the other hand, political parties are encouraged to be more selective in nominating candidates, in order to avoid potential legal disputes that could harm public trust in democracy.

This study aims to analyze the decisions of judges at the First Instance Court and the Cassation Level related to the crime of forgery of customs documents in Decision Number 185/PID.SUS/2016/PN.JAK.UTR and Decision Number 294 K/PID.SUS/2018. This study uses the Normative Juridical Legal Research Method by utilizing laws and regulations and judges' decisions and using the theory of criminal acts and the theory of punishment. The formulation of the problem in this study is, how is the consideration of the Panel of Judges at the First Instance Court so that the defendant is released from all charges by the Public Prosecutor, and how are the arguments of the Public Prosecutor's cassation memorandum and the legal considerations of the Panel of Judges at the Cassation level so that they impose a criminal sentence on the defendant. This study found that, the legal considerations of the Panel of Judges in Decision Number 185/PID.SUS/2016/PN.JAK.UTR which acquitted the Defendant from all charges of the Public Prosecutor because according to the Panel of Judges' considerations, all the tools and evidence revealed in the trial were in accordance with the provisions of the Criminal Procedure Code, both Article 184 of the Criminal Procedure Code and the conviction of the judge referred to in the provisions of Article 183 of the Criminal Procedure Code, and according to the theories of criminal acts and theories of punishment that the Defendant was not legally and convincingly proven to have committed the crime of falsifying customs documents. The arguments of the Public Prosecutor's cassation memorandum emphasize that Judex Facti applied the law incorrectly so that the Legal Considerations of the Panel of Judges of the Supreme Court in the Cassation Decision Number: 294 K/PID.SUS/2018 imposed a criminal sentence on the defendant because the Panel of Judges of the first instance (Judex Facti) applied the law incorrectly, therefore the Defendant was proven legally and convincingly guilty of jointly committing the crime of falsifying Customs documents as stipulated in Article 103 letter a of Law of the Republic of Indonesia Number 10 of 1995 concerning customs, as amended by Law Number 17 of 2006 in conjunction with Article 55 Paragraph (1) KE-1 of the Criminal Code.

Law enforcement against minor crimes committed by children and the elderly often causes public dissatisfaction because it is considered to not take into account the principles of justice and benefit. To answer this problem, the Supreme Court issued Supreme Court Regulation (Perma) Number 1 of 2024 concerning Guidelines for Adjudicating Criminal Cases Based on Restorative Justice. This study raises two main problems: (1) How is Perma Number 1 of 2024 applied to children and the elderly who commit minor crimes? and (2) What are the inhibiting factors in its implementation? The purpose of the study is to analyze the implementation of the Perma and identify the obstacles faced. The methods used are normative juridical and empirical juridical, with a statutory, case, and conceptual approach. Data collection was carried out through document studies and interviews with practitioners and academics. The results of the study show that Perma Number 1 of 2024 provides space for resolving minor criminal cases in a more humane manner through restorative justice. However, its implementation still faces obstacles, including the lack of understanding of law enforcement officers, limited supporting facilities, and resistance from some communities and victims who still choose the formal legal process. In conclusion, although this Perma provides a great opportunity for peaceful resolution, its implementation requires commitment from all parties. It is recommended that there be increased training and socialization for law enforcement officers, provision of penal mediation facilities, and additional regulations to strengthen protection for children and the elderly as vulnerable groups.

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 examine the legal protection of property brought into marriage that is mixed with joint property as a result of joint management in a marriage. In many cases, this mixing causes unclear legal status of the assets, especially during divorce or inheritance division. This study uses empirical normative legal methods with a qualitative descriptive approach. The data obtained were analyzed using data reduction, data presentation, and conclusion drawing techniques. This study shows that legal regulations in Indonesia related to the protection of property brought into marriage that is mixed with joint property due to joint management in marriage, and highlights the inconsistency of court decisions in such disputes and their impact on household economic stability. Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law have distinguished between property brought into marriage and joint property, practice in the field shows that mixing of property due to joint management often causes conflict during divorce. Inconsistency in court decisions arises due to the unclear norms in Article 37 of the Marriage Law which provide room for different interpretations by judges. This has an impact on legal uncertainty and potential injustice, especially for parties who are socially or economically weaker. Mixed property disputes also affect household economic stability, exacerbate social inequality, and cause psychological burdens for family members, including children. This study recommends the need for more detailed regulatory updates, the issuance of technical guidelines by the Supreme Court to unify decision standards, and increased legal education for the community to prevent conflicts through marriage agreements.

A valid agreement creates a contract that gives rise to rights and obligations between the parties, and if one party does not fulfill its obligations, it can be declared to be in default. Default can be interpreted as the failure to fulfill or negligent in carrying out obligations as stipulated in the agreement made by the creditor and debtor. One example of a case of default regarding debts involving the Deputy Regent of Sidoarjo, Subandi, who borrowed IDR 1 billion from Darmiati Tansilong. The Supreme Court rejected Subandi's appeal (Decision No. 1609/K/Pdt/2022) and stated that he was in default. The Supreme Court's decision emphasized that the default committed by Subandi poses a risk in the form of debt repayment, paying profit sharing for property business development and the total interest that has been promised.

The dispute case between Gakoptas and PT Torus Ganda caused problems. PT Torganda illegally controlled Gakoptas land which caused a conflict, as a result a farmer was injured. This study aims to determine the causal factors and resolution strategies in the dispute case between Gakoptas and PT Torganda. This study uses a normative juridical method with the sources of materials used in the form of secondary, primary and tertiary sources. The results of this study state that the causal factors of the conflict are due to the land administration system, inequality in the distribution of land ownership, legality of land ownership and economic motives. The resolution strategy can be carried out by executing the Supreme Court's decision, land redistribution through agrarian reform, land controlled by PT Torganda is returned to Gakoptas, economic recovery and sanctions.

The scope of pretrial authority is regulated under Article 77 of the Indonesian Criminal Procedure Code (KUHAP), with an extension of authority introduced through the Constitutional Court Decision Number 21/PUU-XII/2014. The evidentiary process in pretrial proceedings is governed by Article 2 paragraphs (2) and (4) of the Supreme Court Regulation of the Republic of Indonesia Number 4 of 2016 concerning the Prohibition of Judicial Review of Pretrial Decisions. However, in practice, petitions for pretrial often address matters beyond this prescribed authority. Moreover, there remains a disparity in judicial reasoning across different judges, particularly with respect to the evaluation of evidence in the determination of a suspect.The legal issues examined in this study are: (1) whether the expansion of the pretrial authority’s scope has led to multiple interpretations among law enforcement officers, and (2) how the evidentiary process in pretrial proceedings aligns with the principle of legal certainty. This thesis employs normative legal research using statutory, conceptual, and case approaches. The findings of this thesis reveal that the expansion of pretrial authority has indeed created multiple interpretations among law enforcement officials, owing to inconsistencies in pretrial decisions that result from judicial discretion. Furthermore, the evidentiary process in pretrial proceedings ought to be limited to the formal aspects of investigative or prosecutorial actions. Nevertheless, certain pretrial rulings have considered the substance and quality of evidence, and even assessed the conduct of the suspect. Such practices undermine legal certainty for justice seekers. Therefore, the Supreme Court should issue more concrete regulations concerning the scope of pretrial and the evidentiary standards applicable in pretrial proceedings.

This study aims to identify the causes behind the issuance of legally defective and non-binding birth certificates in Tulungagung Regency based on Supreme Court Decision No. 2438 K/Pdt/2019, and their legal impact on individuals. The research method used is normative juridical with a case study approach. The findings reveal that administrative errors and verification negligence are the main causes, affecting access to civil rights such as education and legal protection. The discussion highlights the urgency of improving the civil registration system to protect citizens' legal rights.

AI has been widely used in various nations, especially in the economy, healthcare, and law. However, its current state is limited to weak AI, lacking full awareness and control. Some countries use AI to assist legal professionals in analyzing legal documents and in helping judges with research during court proceedings. Thus, exploring AI's role and regulation in making civil case decisions within Indonesian law is crucial. This study relies on secondary data and normative legal methods. Findings suggest weak AI is promising for crafting judgments in Indonesian civil cases due to its focus on formal truth. Implementing regulations, possibly Supreme Court Regulations (PERMA), is necessary for the possible use of AI in Indonesia's court proceedings. These rules should define, classify, and limit AI, ensuring legal reliability in its application.

The technical assessment project's major goals were to gain a comprehensive understanding of the integrity and capacity status of the justice sector in Nigeria. Nigeria's existing levels of access to justice, the promptness and caliber of justice delivery, the independence and impartiality of the judiciary, corruption, and public confidence in justice sector institutions were all examined in this study. In three pilot states, respondents were given pre-formulated questions intended to elicit their perceptions and experiences related to a particular day in court. Both narrative and graphic formats are used to present the interview results. The report presents key findings relating to the target groups' perceptions and experiences regarding the delivery of justice and the integrity of the justice system, and it identifies the underlying causes of the issues by drawing on and analyzing the data, paying particular attention to the reinforcing interdependencies of the various problems. The study, which is structured around 17 major findings, provides a thorough examination of the information acquired from the interviews. Based on the main conclusions, it offers comprehensive policy recommendations for judicial reform initiatives that will improve public trust in the legal system, increase the independence, fairness, and impartiality of the judiciary, improve accessibility to the courts, improve the efficiency of justice delivery, and reduce corruption in the legal system.

The Tax Court has a crucial role in resolving tax disputes and optimizing state revenues. This study aims to analyze the effectiveness of the Tax Court in providing legal certainty for taxpayers and identifying obstacles that hinder its role in the Indonesian taxation system. The method used is a normative legal approach with an analysis of laws and regulations, court decisions, and related empirical data. The results of the study indicate that the dualism of guidance between the Supreme Court and the Ministry of Finance creates the potential for a conflict of interest that can affect the independence of judges in deciding tax disputes. In addition, limited access to the Tax Court, which is only located in Jakarta, causes obstacles for taxpayers in the regions to obtain justice quickly and efficiently. The policy of administrative sanctions in the form of a 100% fine for taxpayers whose appeals are rejected is also considered disproportionate and contrary to the principle of tax justice. To improve the effectiveness of the Tax Court, institutional reform is needed by unifying guidance under the Supreme Court, establishing Tax Court branches in various regions, and revising regulations related to tax sanctions in order to improve taxpayer compliance and trust in the national taxation system.

Supreme Court Decision Number 23 P/HUM/2024 which annuls PKPU No. 9 of 2020. Supreme Court Decision Number 23 P/HUM/2024 relates to changes in the minimum age requirements for regional head candidates. In the decision, the Supreme Court granted the lawsuit filed by the General Chairperson of the Garuda Party, Ahmad Ridha Sabana, who challenged Article 4 paragraph (1) letter d of PKPU No. 9 of 2020 concerning the Nomination of the Election of Governor, Deputy Governor, Regent, Deputy Regent, Mayor, and Deputy Mayor. The problem is, what are the legal consequences of the Supreme Court Decision Number 23 P/HUM/2024 which annuls PKPU No. 9 of 2020 concerning the fourth amendment to PKPU Number 3 of 2017 concerning the Nomination of the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor? How are the Aspects of Benefit and Legal Certainty in the Supreme Court Decision Number 23 P/HUM/2024 regarding the Age Limit for Regional Head Candidates? Normative legal research method. In conclusion, the legal consequences of the Supreme Court Decision Number 23 P/HUM/2024 which revoked PKPU No. 9 of 2020 concerning the Fourth Amendment to PKPU Number 3 of 2017 concerning the Nomination of the Election of Governor and Deputy Governor, Regent and Deputy Regent, and/or Mayor and Deputy Mayor. This decision has various legal implications that not only change the regulatory framework for regional elections, but also raise two (2) problems from the decision, namely: (a) Impact on the hierarchy of laws and regulations; (b) Impact on the nomination process. The Aspects of Benefit and Legal Certainty in the Supreme Court Decision Number 23 P/HUM/2024 regarding the Age Limit for Regional Head Candidates reflect efforts to realize a balance between the aspects of benefit and legal certainty in the general election system in Indonesia. Overall, from the aspect of utility, this decision does not provide a substantive solution to the community's need for clear and inclusive regulations, especially regarding the participation of the younger generation. From the aspect of legal certainty, this decision actually creates a vacuum of norms, opens up opportunities for new disputes, and creates instability in the implementation of regional elections. Thus, although this decision is legally valid, its impact shows weaknesses in creating utility and legal certainty.

The archiving of case documents that have obtained permanent legal force (inkracht) at the State Administrative Court (PTUN) of Banjarmasin is a crucial aspect of judicial administration, serving to maintain the accuracy of legal documentation while supporting transparency and accountability within the judicial system. This process includes the recording, storage, and disposal of documents in accordance with applicable regulations, as stipulated by the Supreme Court and national archival regulations. From the perspective of Public Administration Theory, archival management must be conducted systematically and based on regulations to enhance the efficiency and effectiveness of judicial services. Meanwhile, according to the Theory of Judicial Transparency and Accountability, information openness in archival management plays a significant role in building public trust in the judiciary. Although PTUN Banjarmasin has implemented an archiving system that complies with established standards, challenges in the digitalization of archives remain an obstacle, particularly in terms of technology optimization and human resource readiness. Therefore, strengthening digital-based archival systems and enhancing judicial administrative capacity are strategic measures to improve document management efficiency, reduce the risk of loss or damage to physical archives, and reinforce judicial transparency and accountability.

Initially, the existence of the Judicial Commission was formed based on Law Number 22 of 2004 as a legal derivative of the institution, in article 40 paragraph (1) of Law Number 48 of 2009 concerning judicial power it is stipulated that the Judicial Commission is an external supervisory body that monitors the supervision of judges' behavior based on the code of ethics and guidelines for judges' conduct, and Law Number 18 of 2011 concerning the Judicial Commission. The legal issue of this normative legal research: What is the form of the Judicial Commission arrangement in order to maintain the behavior of judges? What is the urgency of the authority of the Judicial Commission in order to maintain the behavior of judges? The Judicial Commission is regulated in Article 24B of the 1945 Constitution, which gives the authority to propose the appointment of Supreme Court Justice and maintain the honor and conduct of judges. This authority is important to ensure that judges carry out their duties with integrity and in accordance with the applicable code of ethics. The existence of legal gaps related to the limitations of the Judicial Commission's authority in supervising the behavior of judges often makes it difficult to carry out their duties optimally. The urgency of the authority of the Judicial Commission in maintaining the behavior of judges is very important to create a judicial system that is independent, accountable, and trusted by the public. Strengthening the authority and institutional support for the Judicial Commission is needed to ensure that supervisory duties can be carried out effectively, so that the ideals of legal reform in Indonesia can be well achieved.