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Wasiat Wajibah is a form of legally mandated bequest granted to specific heirs who, according to Islamic law, do not receive a share of the inheritance or receive an insufficient portion. This concept originally developed in Islamic jurisprudence as a solution for promoting social justice, particularly for grandchildren whose parent (the decedent’s child) had passed away before the testator. The transformation of this concept into Indonesia’s national legal system represents a response by the legal framework to the demand for substantive justice in the context of family and inheritance matters. This study aims to examine the concept of wasiat wajibah in Islamic law, its application within Indonesia’s positive law—particularly as regulated in the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI)—and its transformation into national law. The research employs a normative juridical method, with analysis based on primary legal sources, namely the Compilation of Islamic Law (KHI), especially Articles 171–214 which regulate Islamic inheritance law, and Article 209 which specifically addresses wasiat wajibah. In addition, Law No. 1 of 1974 concerning Marriage serves as the legal framework for family law within the national legal system. The findings indicate that wasiat wajibah is a legal innovation inspired by the principles of justice and protection for relatives whose inheritance rights are otherwise excluded. Article 209 of the KHI explains that there is no inheritance relationship between adopted children and adoptive parents; however, a legal breakthrough exists in the form of wasiat wajibah, which governs such relationships. The transformation of wasiat wajibah into the national legal system is carried out through legislation, judicial practice, and is supported by a legal culture that is increasingly responsive to social justice and the realities of contemporary Muslim families.

The enactment of Law No. 1 of 2023 concerning the Criminal Code (KUHP) has brought a number of controversies, one of which is related to the revival of provisions regarding the criminal act of insulting the President and Vice President. This article aims to critically examine these provisions in the perspective of the freedom of expression guaranteed by the Indonesian constitution and international human rights instruments. This research uses a normative juridical approach with an analysis of the norms in the new Criminal Code, the 1945 Constitution, as well as international treaties such as the International Covenant on Civil and Political Rights (ICCPR). The results of the study show that although the provision of insulting the President in the Criminal Code is only referred to as a complaint offense and is framed to protect the dignity of state institutions, the provision still has the potential to limit freedom of opinion excessively. In addition to risking opening a loophole for criminalization of legitimate public criticism, this rule also has the potential to contradict the principles of non-discrimination and accountability of public officials in a democratic country. Therefore, an in-depth evaluation of the formulation of norms and their application is needed so that they do not conflict with the spirit of democracy and the protection of human rights.   Keywords: , , , , .

It is impossible to disentangle customary law from the fabric of a community as it is an integral aspect of society as a whole.  The national legal system in Indonesia also develops as society evolves in response to shifting social, cultural, economic, and political demands.  Through the lens of positive legislation and field practices, this study adopts a juridical-sociological method to better understand how indigenous people's rights are legally protected in environmental management.  By taking a legal stance, we may analyse the constitutional guarantees and statutes that protect indigenous peoples' rights from 1945 forward.  At the same time, the sociological method seeks to understand indigenous populations' experiences with, reactions to, and advocacy for their right to a sustainable environment in light of these legislative obligations.  The 1945 Constitution guarantees, in Article 18B paragraph (2).

This study explores the tension between freedom of expression and the enforcement of criminal law in the digital space, using a case study of political memes depicting national figures Prabowo Subianto and Joko Widodo in a satirical context. The case sparked controversy after law enforcement authorities applied morality provisions from Indonesia's Electronic Information and Transactions Law (UU ITE), which many experts consider irrelevant to the substance of the content. Employing a qualitative approach through literature review, the analysis is framed within three theoretical perspectives: Constitutional Democracy Theory, Human Rights Theory, and Criminal Law Theory. The findings reveal that the application of ambiguous provisions in the UU ITE to digital expression has the potential to violate the rule of law, restrict civil liberties, and create a chilling effect on citizens' political participation. Consequently, this study recommends legal reform and the enhancement of digital literacy as strategies to strengthen constitutional democracy in the digital era.

This study explores the complexity of ikrar talak (divorce declaration) that does not comply with Indonesia's positive legal framework and its impact on the legal protection of wives and children. Although the Marriage Law and the Compilation of Islamic Law (KHI) regulate the formal procedures for divorce, verbal divorce declarations outside the court remain prevalent, causing legal uncertainty and harm to vulnerable parties. This research employs a normative juridical method, focusing on legal statutes and Islamic legal principles. The findings reveal the urgent need for harmonization between Islamic law and positive law to ensure justice and optimal protection, especially for women and children. Major obstacles include low legal literacy, social acceptance of verbal talak, and limited access to judicial institutions. The study proposes strengthening the role of religious courts, enhancing public legal education, and applying the maqashid sharia approach to safeguard fundamental rights. A holistic legal reform is necessary to ensure that the ikrar talak process adheres to formal legal standards while protecting vulnerable groups.

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.

The 1945 Constitution of the Republic of Indonesia states that every Indonesian citizen has the right to a clean and healthy living environment. Unsustainable development and exploitation of natural resources have led to a drastic decline in the quality of the living environment in Indonesia. This has resulted in environmental damage, such as pollution and loss of biodiversity. One important instrument in the effort to protect the environment is environmental law, which is regulated by Law Number 32 of 2009 concerning the Protection and Management of the Living Environment (Environmental Protection Law). Although the Environmental Protection Law provides a comprehensive legal framework, law enforcement in the field still faces several issues, such as limited resources and low legal awareness. In such situations, community participation can be strategically utilized to enhance the efficiency of environmental monitoring and law enforcement. The aim of this research is to descriptively examine the function of community participation in environmental law enforcement as regulated by the Environmental Protection Law, as well as to analyze how effective and challenging its implementation is.

This study examines the voluntary choice of remaining childfree from the viewpoint of Maqāṣid al-Syāri’ah to evaluate its compatibility with Islamic family law in Indonesia. Recent demographic trends indicate a rising proportion of adults opting not to have children due to economic, environmental, and personal considerations . Using a doctrinal–normative approach, the paper analyzes primary sources (al-Muwāfaqāt and Qur’ān) alongside contemporary fatwās and scholarly opinions. Findings reveal that while Maqāṣid al-Syāri’ah underscores procreation (ḥifz al-nasl) as a darūriyyah objective, exceptions emerge under medical and sociocultural exigencies (ḥājiyyah), permitting temporary or consensual contraceptive measures. However, permanent sterilization methods (vasektomi/tubektomi) largely remain impermissible except in cases of dire necessity (ḍarūrah) . The study recommends that Islamic legal institutions develop nuanced guidelines balancing reproductive rights with Shariah objectives and societal welfare.

The purpose of this study is to analyze efforts and describe factors that influence the right to vote and obtain accessibility as political rights for people with disabilities by the Karanganyar Regency KPUD in the 2024 Presidential and Vice Presidential Election in Jatipuro District. This study is a qualitative study with a case study approach regarding the phenomenon of low voter turnout for people with disabilities in Jatipuro District. Data were obtained through interviews, observations, and supporting documents. The results of this study are efforts to provide voting rights and obtain accessibility for voters with disabilities are carried out by registering as voters, conducting socialization for voters with disabilities, conducting technical guidance for Pantarlih and KPPS, and realizing accessibility through mobile ballot box services. However, these efforts have not been maximized because there are no rules that serve as guidelines in determining the ability to vote, there are limitations in time, budget, and personnel in socialization, the workload of KPPS is quite heavy in a short working time causing psychological pressure that has an impact on fatigue and lack of focus, and the geographical conditions of Jatipuro District which cause several TPSs to not yet be accessible to voters with disabilities. Keywords: Right to Vote, Accessibility, Disability Awareness, Regency KPUD, General Election

The development of the banking sector has led to an increase in the processing of customers' personal data, which can pose a risk of data misuse. One of the efforts to prevent this is the implementation of data minimisation, which emphasises that the personal data collected must be relevant, limited, and consistent with the legitimate purposes of processing, as well as transparent in accordance with the provisions of Article 27 of Law No. 27 of 2022 on Personal Data Protection (PDP Law). This study employs a normative legal analysis method with a descriptive-analytical approach, incorporating transformative legal theory and privacy rights protection to examine the application of the data minimisation by banks. The findings indicate that excessive data collection practices still frequently occur and may violate customers' privacy rights. Therefore, banks are required to disclose the types and relevance of customer data, conduct regular mapping and evaluation of the data required, and implement selective and secure information technology systems. This implementation constitutes banks' compliance with data protection principles, particularly security and accountability. Additionally, active customer involvement and oversight by authorities are crucial factors in ensuring the effectiveness of data minimisation implementation in the banking sector.

This article examines the role of the Formed Police Unit (FPU) in the perspective of international humanitarian law and international human rights law, particularly in the context of civilian protection in conflict areas. The FPU is an armed police unit deployed in UN peacekeeping missions with a mandate to protect civilians, maintain order, and support post-conflict recovery. Despite its strategic role, the FPU faces legal, operational and socio-cultural challenges. This study uses a normative-juridical approach by analyzing international legal documents, UN operational standards, and academic literature. It is emphasized that the effectiveness of the FPU is highly dependent on human rights-based training, clarity of mandate, logistical readiness, and the ability to build trust with local communities. This article recommends strengthening accountability mechanisms and cross-sector integration in peace missions, so that the FPU is able to carry out its protection mandate substantially and in accordance with applicable international legal principles.

Corruption is an extraordinary crime with systemic impacts on a nation’s political, economic, and social stability. Various countries adopt different penal approaches to combat corruption, including Indonesia and China. This study aims to analyze and compare the effectiveness of criminal penalties in addressing corruption in both countries. The research uses a normative-juridical and comparative approach by examining legislation, empirical data, and relevant case studies. In Indonesia, the implementation of criminal sanctions tends to be more moderate, with imprisonment and fines being the dominant forms of punishment. However, enforcement faces challenges such as weak institutional independence and political interference. In contrast, China enforces much harsher penalties, including life imprisonment and the death penalty, as part of its "zero tolerance" anti-corruption policy supported by centralized political power. The findings show that although China’s repressive approach appears more stringent, the success in curbing corruption is not solely determined by the severity of the punishment. Instead, it also depends on the consistency, transparency, and integrity of the legal enforcement system. This study recommends that Indonesia reform its criminal policy to be firmer while still upholding principles of human rights and justice.

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.

Pretrial is an important instrument in the Indonesian criminal justice system that serves as a control mechanism against arbitrary actions of law enforcement officials, especially in the determination of suspect status. This study aims to analyze the effectiveness of pretrial institution in overturning invalid suspect determination and its impact on the protection of human rights and legal certainty. The method used is normative legal research with legislative approach and case study. The results of the study show that although pretrial has been strengthened through Constitutional Court Decision No. 21/PUU-XII/2014, in practice its effectiveness is still limited due to inconsistency of decisions, lack of access to investigation documents, and potential abuse by certain parties. Pre-trial decisions that invalidate suspect determinations have a substantive impact in upholding the principle of presumption of innocence and due process of law. However, in order for it to function optimally, reform of KUHAP, training of judges, digitization of the judicial process, and strong public oversight are required. Thus, pretrial can play a strategic role in maintaining substantive justice and the integrity of the legal system in Indonesia.

The need for development financing in the regions is increasing, while dependence on the APBN/APBD funds cannot meet all those needs. Therefore, the regional government is starting to explore alternative financing cooperation, including with non-government entities (private and international financial institutions). This article aims to examine the role of national civil law as the legal basis for regulating the relationship between the parties in such cooperation schemes. This research uses a normative juridical method with an approach based on legislation and concepts. It is found that national civil law, particularly agreements in the Civil Code and modern contract law, plays a vital role in determining the rights and obligations of the parties, ensuring legal certainty, and preventing disputes in the implementation of non-APBN/APBD funding cooperation. In addition, the flexibility of civil law allows for adaptation to the needs of the region and funding partners. Strengthening the legal capacity of local governments and harmonizing with sectoral regulations are necessary.

This research was conducted with the aim of knowing the differences between PSAK 22 and IFRS 3 regarding business combinations in the preparation of consolidated financial statements in companies in Indonesia. The type of method used is a qualitative method using a literature study approach because this approach provides an overview for researchers about the development of the topic of discussion. The data source used is secondary data that has been analyzed so that it can be developed to describe the research topic. Based on the results of the research analysis, there are several differences in PSAK 22 and IFRS 3, including the components of financial statements, disclosures in the statement of financial position, the term minority rights, extraordinary items, and in the presentation of long-term liabilities to be refinanced.

Marriage is a contract that legitimizes the relationship and outlines the rights and obligations between a man and a woman. To prepare for marriage, the Ministry of Religion provides premarital guidance through the local KUA, including in Silangkitang District. This guidance aims to help couples build a sakinah, mawaddah, and warahmah family. This study examines the effectiveness of premarital guidance at KUA Silangkitang from the perspectives of both the institution and prospective brides and grooms. Using a qualitative field research approach, data were collected through observation, interviews, and documentation, and analyzed using Miles and Huberman’s theory. Results show that premarital guidance is effective according to the KUA in five aspects, and effective according to prospective couples in four aspects. However, cultural factors remain less effective due to a lack of understanding among some participants.

This research analyzes the legal provisions regarding the obligation to pay overtime wages and legal options for workers if the company fails to provide overtime compensation. Overtime wages are the right of workers regulated in Law No. 13 of 2003 concerning Manpower which has been amended by Law No. 6 of 2023 and Government Regulation No. 35 of 2021. This study uses a case analysis of PT X in Semarang, which was accused of not paying overtime wages in full to its employees. The findings show that despite clear legal regulations, implementation faces various obstacles, such as inadequate supervision and lack of legal awareness. Employees whose rights are not met can pursue out-of-court (e.g. bipartite negotiation, mediation, conciliation, arbitration) and court channels through the labor court. Non-compliance with regulations on overtime pay not only impacts the economic situation of employees, but also causes imbalances in labor relations. This research recommends strengthening the labor inspection system, increasing transparency in the handling of working hours, increasing legal awareness among employees, and developing a more accurate time recording system to ensure the fulfillment of employee rights according to the applicable regulations.

The development of the digital economy has led to a significant increase in the number of freelance workers in Indonesia. Despite their growing contribution to the economy, their legal status within the national employment system remains normatively ambiguous. This research aims to analyze the normative ambiguity of the status of freelance workers in Indonesian legislation and its juridical implications for their legal protection. The research method used is normative juridical with a statute approach and a conceptual approach. The results indicate that Law No. 13 of 2003 concerning Manpower in conjunction with Law No. 6 of 2023 does not explicitly define or regulate the category of freelance workers. Consequently, their legal relationship is often positioned in a grey area between a "work relationship" of a subordinative nature and a "partnership relationship" of a coordinative nature based on the Indonesian Civil Code. The implications of this ambiguity are significant, encompassing the absence of normative rights such as minimum wage, social security, severance pay, and uncertainty in dispute resolution mechanisms. This study concludes that normative ambiguity creates legal vulnerability for freelancers and recommends regulatory reform to provide legal certainty and adaptive protection for non-standard work models.

This study uses a qualitative method to analyze criminal law enforcement against violations of workers’ rights, especially cases of worker neglect based on Law Number 13 of 2003 concerning Manpower. The focus of this study is to examine how the implementation of criminal law is applied in handling cases of worker neglect, as well as the effectiveness of legal protection provided to workers whose rights are violated. Through a descriptive analytical approach, data were collected from various sources, including interviews with related parties and legal document studies, in order to obtain a comprehensive picture of the obstacles and challenges in law enforcement in the field of employment. The results of the study indicate that although Law Number 13 of 2003 has clearly regulated the rights and obligations of workers and employers, there are still obstacles in its implementation, especially in terms of supervision and enforcement of criminal sanctions against violations. This study recommends increasing the role of labor inspectors and optimizing law enforcement mechanisms to ensure effective protection of workers’ rights.