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Sarndika Sarndika; Wa Ode Siti Safiyah; Fitriyana Fitriyana

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the perceptions of students from various majors regarding the urgency of legal protection for the Napoleon wrasse (Cheilinus undulatus), a rare and endangered marine species that plays a crucial role in maintaining the balance of coral reef ecosystems. This fish faces serious pressure due to overexploitation and illegal trade, thus requiring special attention from a legal and conservation perspective. This study used a qualitative descriptive approach with purposive sampling technique, involving students from marine, fisheries, environmental, and legal departments. Primary data were collected through a questionnaire designed to elicit respondents' insights, level of understanding, and recommendations regarding the protection of this species. The data obtained were then analyzed using thematic analysis to identify patterns of perception and key ideas. The results showed that the majority of students considered legal protection for the Napoleon wrasse to be very urgent. They advocated for strengthening regulations, stricter law enforcement, increased surveillance in water areas, education for coastal communities, development of conservation and cultivation programs, and strengthening international cooperation. The implications of this study emphasize the importance of a comprehensive and collaborative protection strategy to support the sustainability of marine resources.

Siti Kasiyati; Abdullah Tri Wahyudi; Muhammad Julijanto; Muhammad Taufiq

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyse the development and compare the legal politics of the Religious Court in Indonesia and Turkey. This study is library research with an interdisciplinary approach to historical-legal and comparative law research. This study presents a historical-legal perspective and a comparative analysis of the law to obtain similarities and differences in the legal politics of the Religious Court in Indonesia and Turkey. The legal politics of the Religious Court in Indonesia are divided into pre-Colonial, independence, and reform periods. In Turkey, the Religious Court is divided into three periods: before the Tanzimat, after the Tanzimat, and during Mustafa Kemal Atatürk's reforms. A comparative analysis of the law found that the Religious Courts in Indonesia and Turkey initially applied Islamic law. Still, later restrictions were placed on it in an attempt to abolish it. The difference is that the Religious Court in Indonesia still enforces Islamic law as a positive law in certain fields and regions. The Religious Court in Turkey was abolished and replaced by a regular Court based on European law. The existence of the Religious Court in Indonesia demonstrates the success of legal pluralism, while legal secularism has shifted legal pluralism in Turkey.

Lucky Antonio; Donalia Reynaldo

International Journal of Christian and Catholic Philosophy 2025 International Forum of Researchers and Lecturers

This study examines the integration of Artificial Intelligence (AI) in Christian Religious Education (PAK), using four Biblical principles love, justice, truth, and stewardship as a framework. Employing a qualitative approach with thematic triangulation through interviews with leaders, lecturers, and students, the research aims to understand how AI can be used ethically in PAK. The findings indicate that AI, when applied thoughtfully and ethically, can significantly enhance the learning process. The principle of love emphasizes the importance of honesty, empathy, and a compassionate approach in the use of AI. Justice calls for equitable access to AI tools, ensuring that all learners can benefit regardless of their backgrounds. The principle of truth encourages theological discernment in the application of AI, ensuring that it aligns with Christian teachings. Stewardship highlights the responsibility to manage AI technologies wisely, using them to serve God's purposes. AI is viewed not as a replacement for human educators but as a tool to serve and glorify God in the educational process. The study suggests that theological institutions should create ethical AI guidelines to ensure responsible use and should focus on enhancing faith-based digital literacy among students, preparing them for the digital age while remaining rooted in their faith.

Muhaemina Muhaemina; Nur Aisyah; Kurniati Kurniati

Solid waste management in Makassar City constitutes a strategic issue that extends beyond technical and administrative concerns to encompass legal, ethical, and socioreligious dimensions. Although the local government has established regulatory frameworks and policy instruments for waste management, empirical conditions reveal a persistent gap between legal norms and their implementation, as reflected in high waste generation rates, weak source segregation, limited public participation, and increasing pressure on landfill capacity. This study aims to analyze the effectiveness of waste management in Makassar City from the perspective of Islamic law and to examine the potential integration of Sharia principles in strengthening sustainable environmental governance. The research employs a qualitative approach with a descriptive-analytical design based on policy analysis, literature review, and theoretical synthesis of Islamic legal doctrines, particularly maqāṣid al-sharīʿah and fiqh al-bī’ah. The findings indicate that, despite the existence of adequate local legal instruments, waste management practices remain ineffective due to insufficient internalization of ethical values, weak law enforcement, and limited behavioral change within society. From the perspective of Islamic law, these conditions demonstrate the incomplete realization of the principles of amanah (trust and responsibility), maslahah (public interest), and the prevention of harm (lā ḍarar wa lā ḍirār) in both governmental practice and public conduct, thereby undermining the objectives of protecting human life and the environment. The implications of this research highlight the importance of synergizing positive law and Islamic legal principles to promote environmentally sustainable governance oriented toward long-term public welfare.  

Husen, Mohammad Husen; Mohammad Saied; Nur Rizqiyanti; Ahmad Ilzamul Hikam

Jurnal Ilmu Pendidikan, Bahasa, Sastra dan Budaya 2025 Asosiasi Periset Bahasa Sastra Indonesia

. Film as a mass communication medium not only functions as entertainment, but also as a means of representing power relations in society. Miracle in Cell No. 7 works by Hanung Bramantyo show various forms of official domination and legal inequality which are relevant to be studied through a hegemony perspective. This research aims to describe the forms of hegemony that appear in the film and interpret the social criticism conveyed through the narrative and visualization. The research uses qualitative methods with listening and note-taking techniques, then the data is analyzed through reduction, presentation and drawing conclusions based on Antonio Gramsci's theory of hegemony. The research results show that this film contains four forms of hegemony: ideological hegemony through the instillation of disciplinary values; hegemony of power through apparatus domination and abuse of authority; cultural hegemony through the imposition of a single standard of behavior; and moral hegemony through the formation of ethical judgments that benefit those in power. These findings indicate that films not only present emotional stories, but also present criticism of legal injustice and structural domination. This research confirms that visual media plays an important role in forming public awareness regarding the practice of power in social life.

Adtila Prawoko; Ab’dan Syukur; Nadia Putri Kustiono; Anita Nur Amaliyah; Kuswan Hadji

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

The enactment of Law Number 1 of 2023 concerning the Criminal Code brought fundamental changes to the regulation of the crime of adultery in Indonesia. The expansion of the scope of criminalization, including regulations regarding extramarital relationships, has given rise to debate regarding its compliance with the principles of the formation of laws and regulations and its impact on criminal law enforcement. This study aims to analyze the provisions of the adultery article in the new Criminal Code from the perspective of the principles of the formation of laws and regulations and assess its implications for the effectiveness of the criminal justice system. This study uses a normative legal research method with a legislative and conceptual approach. Legal materials were obtained through literature studies and analyzed qualitatively and juridically. The results show that the regulation of the crime of adultery in the new Criminal Code has a clear normative purpose, but still leaves issues regarding the clarity of formulation, legal certainty, and potential human rights violations. Furthermore, the application of the adultery article has the potential to create obstacles in law enforcement practices, particularly related to evidence, caseload, and the legitimacy of the criminal justice system. Therefore, further evaluation is needed to ensure that these regulations align with the principles of sound legislative development and ensure legal justice.

Yolanda Fitria Salma; Ahmad Irzal Fardiansyah; Dona Raisa Monica; Tri Andrisman; Nikmah Rosidah

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code (KUHP Nasional 2023) has brought significant changes to the national penal system, particularly in the regulation of sanctions imposed on children who commit criminal offenses. Children as offenders constitute a special legal subject who require a sentencing approach oriented toward protection, guidance, and rehabilitation. This study aims to analyze the regulation and concept of sentencing for children under the perspective of the KUHP Nasional 2023 and to assess its conformity with the principles of child protection and the objectives of the juvenile justice system in Indonesia. This research employs a juridical descriptive method using statutory and conceptual approaches through a literature review of primary, secondary, and tertiary legal materials. The findings indicate that the KUHP Nasional 2023 normatively accommodates a more humane sentencing approach by emphasizing the objectives of punishment and providing non-custodial sanctions and rehabilitative measures. However, these provisions remain general and have not been explicitly integrated with restorative justice principles as stipulated in the Juvenile Criminal Justice System Act. Therefore, regulatory harmonization and consistent implementation are necessary to ensure that sentencing for children truly reflects the best interests of the child and the rehabilitative goals of the juvenile justice system.

Talitha Kamilah; Sidi Ahyar Wiraguna

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The evolution of modern civil procedural law demands dispute resolution mechanisms that are responsive, efficient, and substantively just. In this context, Alternative Dispute Resolution (ADR) particularly mediation and arbitration has transformed from a supplementary option into a central instrument within Indonesia’s dispute resolution architecture. This study aims to analyze the development of ADR from the perspective of modern civil procedural law, focusing on the normative status and practical efficiency of mediation and arbitration as pre-litigation mechanisms. The research employs a normative-juridical approach, analyzing primary legal sources (legislation, Supreme Court Regulations [PERMA], court decisions) and secondary sources (scholarly journals, books, policy documents). The findings indicate that mediation has been mandatorily integrated into civil procedure through PERMA No. 1 of 2016, functioning as a court-facilitated pre-litigation stage, while arbitration operates as a consensual out-of-court mechanism under Law No. 30 of 1999. Both mechanisms demonstrate clear efficiency in terms of time (resolution within weeks to months), cost (minimal to predictable), and the ability to preserve parties’ relationships through collaborative processes and procedural confidentiality. Nevertheless, implementation challenges remain, particularly concerning the availability of qualified mediators and public perception of ADR. The study concludes that ADR is no longer a marginal alternative but an integral pillar of modern civil justice, aligning with principles of procedural efficiency and substantive justice.

Rizqi Hidayat Mizan; Rizanizarli Rizanizarli; Sulaiman Sulaiman

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study analyzes the legal protection of children as perpetrators of rape within Indonesia’s national legal system and Aceh’s Qanun Jinayat, focusing on the Syar’iyah Court’s decisions that often fail to confirm the fulfillment of children’s rights to education, rehabilitation, and reintegration. Although the principle of the best interests of the child requires comprehensive protection, the absence of clear implementing regulations has created uncertainty. Using a normative juridical method with legislative and case approaches, the research draws on secondary data enriched with primary data and qualitatively analyzed. The findings show that both national law and Qanun Jinayat emphasize child protection based on the best interests principle. National law mandates special procedures such as mentoring, closed hearings, psychological assessments, and diversion, while Qanun Jinayat, through Article 50, stipulates lighter and proportionate uqubat for children. These frameworks complement each other in ensuring education, psychological recovery, and social reintegration. However, several Syar’iyah Court decisions have not explicitly included recovery rights, resulting in ineffective protection and legal uncertainty. The study recommends that the Syar’iyah Court explicitly incorporate children’s rights to education, rehabilitation, and reintegration in its verdicts. Furthermore, the Aceh Government should issue Standard Operating Procedures or Governor’s Regulations to provide a clear legal basis for implementing child uqubat in line with the Juvenile Criminal Justice System.

Mulyadi, Kiking; Mukhlas, Oyo Sunaryo; Saebani, Beni Ahmad

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The transfer of hajj quotas for deceased pilgrims is a legal and social issue that is relevant to the dynamics of the implementation of the hajj in Indonesia. This phenomenon arises as a consequence of the long waiting list for the departure of pilgrims, which causes many prospective pilgrims to die before having the opportunity to perform the worship. From the perspective of Islamic law, the hajj is personal (fard 'ain) and attached to individuals who have met the requirements of istitha'ah. However, in the context of state administration, the right to portion Hajj is seen as an administrative right that can be transferred to certain heirs in a regulatory manner. This study aims to examine the legal basis for the assignment of hajj quota based on the principles of sharia maqashid and review its implementation in the socio-anthropological context of the Indonesian Muslim community. The research method used is normative law with a conceptual and sociological approach, through the analysis of laws and regulations and developing social practices. The results of the study show that the transfer of the hajj quota does not contradict sharia principles as long as it brings benefits, guarantees justice, and avoids potential abuse. Socially, this policy reflects respect for the deceased's worship intentions, strengthens kinship values, and shows the adaptation of Islamic law in responding to the needs of contemporary Indonesian Muslim society.

Dhamar Ibrahim Kadista Putra; Sorayya Febby Kalkautsari; Moh. Faizin; Adhisti Muthia Syawali

Jurnal Pendidikan Anak Usia Dini dan Kewarganegaraan 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

Pancasila, as the foundational ideology of Indonesia, plays a fundamental role in shaping a democratic system and ensuring the protection of human rights based on justice. From Yusril Ihza Mahendra’s perspective, Pancasila is not merely a normative ideology but serves as a political and legal paradigm that integrates the values of divinity, humanity, unity, democracy, and social justice into the practice of governance. According to Yusril, Indonesian democracy cannot be equated with Western liberalism, which emphasizes individual freedom; rather, it is a constitutional democracy grounded in the moral and spiritual foundations of Pancasila. The values of Pancasila position human rights in a balanced relationship between rights and responsibilities, as well as between individual and collective interests of the nation. Thus, democracy and human rights, in Yusril’s view, are integralistic—citizens’ freedoms are directed toward realizing social j  ustice and order in national life. This article aims to examine Yusril Ihza Mahendra’s thoughts on the relationship between Pancasila, democracy, and human rights, and their relevance within the context of Indonesia’s contemporary constitutional system.

Luthfiatul Zahra; Diah Cahyani; Abdul Sani; Fadullah Rusadi

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

The development of information and communication technology has brought significant changes to various aspects of human life, including marriage practices. The implementation of marriage contracts conducted through online media such as video calls or digital conferencing platforms has emerged as a modern phenomenon. This development has sparked legal debates in Islam regarding its validity, particularly concerning the fulfillment of essential conditions and pillars of marriage, such as ittihād al-majlis (unity of the session) and the sighat ijab qabul (offer and acceptance). The purpose of this article is to examine the validity of virtual mge contracts from the perspective of the four major schools of Islamic jurisprudence (Hanafi, Maliki, Shafi'i, and Hanbali). This study employs a qualitative research methodology using a literature review with a descriptive-analytical approach. The findings indicate that the Shafi'i School does not permit virtual marriage contracts due to the absence of physical unity in place. In contrast, the Hanafi, Maliki, and Hanbali Schools allow virtual marriage contracts, emphasizing unity in time and clarity in the sighat. Therefore, according to several schools of Islamic jurisprudence, virtual marriage contracts may be considered valid as long as the required conditions of marriage are fulfilled, including the presence of witnesses and the clarity of the ijab qabul.

Jumain Azizi; Roibin Roibin; Zaenul Mahmudi

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze Article 445 paragraph (1) of the Indonesian Criminal Code (KUHP) Number 1 of 2023, which regulates the criminal act of eloping with a young woman. The provision is considered to be in tension with the social and cultural realities of Indonesian society, particularly the people of Lombok who practice the merariq tradition. Merariq is an ancestral customary practice within marriage rituals involving the consensual elopement of the prospective bride as an integral part of the marriage process. This research uses Lawrence M. Friedman’s legal system theory, which examines three main components of law: (1) the substance of law—normative provisions contained in legislation; (2) the structure of law institutions and law enforcement agencies; and (3) the legal culture values, attitudes, and behavior of society toward law. This study is a normative legal research that treats law as norms, principles, doctrines, and rules. The primary legal material is Article 445 paragraph (1) of the Indonesian Criminal Code. The findings indicate that, from the perspective of legal substance, the article remains ambiguous. Its formulation potentially conflicts with Indonesia’s legal culture, which in practice prioritizes familial and traditional mechanisms for resolving private conflicts. Based on these findings, this study recommends a reformulation of the legal substance to make it more responsive to the socio-cultural context. The reformulation should be grounded in the principles of ultimum remedium and restorative justice, providing space for customary law and local culture as legitimate mechanisms to resolve private disputes. This approach is expected to reduce the disproportionate use of imprisonment and position criminal sanctions as a last resort in law enforcement.

Azzahra, Nazwa; Isnaini, Putri; Sabrina Nur Karimah Nst; Rumahombar, Cintya Agata; Jaya Damanik

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study aims to examine the level of mastery and application of Pancasila values as the state's philosophical foundation (Philosofische Grondslag) among Indonesian students, particularly in facing the currents of globalization and information disruption in the digital era. From a legal perspective, Pancasila holds the position of the state's fundamental norm (Staatsfundamentalnorm) which serves as the basis for the entire Indonesian legal system (Grundnorm), while also functioning as the nation's unifying bond and national worldview (Weltanschauung). The research employed a quantitative descriptive method with an incidental sampling technique involving 10 students as respondents. The data collection tool was a closed questionnaire using a Likert scale with four response options, evaluating four dimensions: (1) mastery of the five Sila principles, (2) understanding of Pancasila as the state foundation, (3) historical knowledge of the Pancasila formulation, and (4) practice of Pancasila values in daily activities. The findings indicate a very adequate level of understanding among respondents regarding Pancasila's position as the state foundation (93.3% Strongly Agree) and the urgency of understanding Pancasila for all Indonesian people (93.3% Strongly Agree). The majority of respondents felt capable of describing the five Sila principles (73.3% Strongly Agree) and understood Pancasila's function in maintaining national unity. The implementation of Pancasila values in daily behavior, such as tolerant attitudes and the spirit of gotong royong (mutual cooperation), showed a high level of affirmation (an accumulation of 86.6% Agree and Strongly Agree). Nevertheless, a gap in understanding was identified in the dimension of the history of Pancasila's formulation, with 20% of respondents giving a neutral response. Educational institutions were deemed to have contributed effectively (a total of 93.3% Agree and Strongly Agree) in promoting the internalization of these values.Comprehensively, the level of student understanding of Pancasila as the state foundation is categorized as satisfactory. This study suggests strengthening the learning material regarding the historical process of Pancasila's ratification and innovation in teaching methods that are more contextual, creative, and applicable (educational, recreational, reflective, and futuristic) to ensure the comprehensive internalization of Pancasila values—covering cognitive, affective, and psychomotor aspects—as a pillar of national ideological resilience in facing future challenges.

Destia Purwaningsih; Maulida Maulida; Nabela Nabela; Anita Sugiarti; Risatun Nada +2 more

Pemberdayaan Masyarakat: Jurnal Aksi Sosial 2025 Lembaga Pengembangan Kinerja Dosen

This community engagement program aims to analyze and strengthen institutional synergy among the Special Crimes Division, the Civil and Administrative Affairs Division, and the Intelligence Division of the Palangka Raya District Prosecutor’s Office through a community-organizing framework and participatory collaboration. The initiative stems from a strategic need to optimize coordination, enhance the effectiveness of law enforcement, and foster the development of an integrated work pattern that is responsive to the complexities of contemporary legal issues. Using the participatory action research (PAR) method, the program was implemented through participatory assessments, thematic discussions, field observations, case simulations, and the strengthening of legal administration, all of which collectively contributed to substantial improvements in analytical capacity, professionalism, and cross-divisional communication patterns. The findings indicate that synergy across divisions not only enhances the technical efficiency of case handling but also generates institutional social change through the establishment of new work routines, the emergence of local leaders, and the strengthening of internal social capital. Theoretically, these outcomes reinforce perspectives from collaborative governance, organizational learning, and institutional change, which emphasize that institutional transformation can only be achieved through functional integration, knowledge exchange, and the cultivation of a collaborative institutional culture. This program recommends the institutionalization of coordination procedures, the utilization of information technology as a tool for data integration, and the implementation of continuous synergistic training to sustain the changes achieved. Consequently, this engagement contributes both empirically and conceptually to the development of an adaptive, integrated law enforcement model aimed at improving the quality of public service delivery.

Destia Purwaningsih; Maulida Maulida; Nabela Nabela; Anita Sugiarti; Risatun Nada +2 more

Pemberdayaan Masyarakat: Jurnal Aksi Sosial 2025 Lembaga Pengembangan Kinerja Dosen

This community engagement program aims to analyze and strengthen institutional synergy among the Special Crimes Division, the Civil and Administrative Affairs Division, and the Intelligence Division of the Palangka Raya District Prosecutor’s Office through a community-organizing framework and participatory collaboration. The initiative stems from a strategic need to optimize coordination, enhance the effectiveness of law enforcement, and foster the development of an integrated work pattern that is responsive to the complexities of contemporary legal issues. Using the participatory action research (PAR) method, the program was implemented through participatory assessments, thematic discussions, field observations, case simulations, and the strengthening of legal administration, all of which collectively contributed to substantial improvements in analytical capacity, professionalism, and cross-divisional communication patterns. The findings indicate that synergy across divisions not only enhances the technical efficiency of case handling but also generates institutional social change through the establishment of new work routines, the emergence of local leaders, and the strengthening of internal social capital. Theoretically, these outcomes reinforce perspectives from collaborative governance, organizational learning, and institutional change, which emphasize that institutional transformation can only be achieved through functional integration, knowledge exchange, and the cultivation of a collaborative institutional culture. This program recommends the institutionalization of coordination procedures, the utilization of information technology as a tool for data integration, and the implementation of continuous synergistic training to sustain the changes achieved. Consequently, this engagement contributes both empirically and conceptually to the development of an adaptive, integrated law enforcement model aimed at improving the quality of public service delivery.

Rohmatul Laily Al Faiqoh; Adinda Selvina Adhani; Nur Kholis

International Journal of Economics, Management and Accounting 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Global trade has long been promoted as a driver of economic growth and international cooperation. The World Trade Organization (WTO), established to ensure fairness and stability in global trade, plays a central role in shaping trade relations among nations. However, concerns persist regarding its impact on developing countries. This study aims to examine how WTO policies influence economic inequality and structural dependency in developing economies. Using a qualitative research approach, this article integrates legal and economic perspectives to analyze relevant literature and assess the WTO's institutional mechanisms. The findings reveal that, although the WTO seeks to promote equitable trade, its policies tend to favor developed countries through liberalization and intellectual property regimes that restrict policy flexibility in developing nations. These mechanisms reinforce technological dependency, reduce competitiveness, and perpetuate unequal participation in global markets. The study concludes that without institutional reform, the WTO framework will continue to sustain global trade imbalances. This article proposes alternative solutions, including enhancing regional and South–South trade cooperation, promoting fair technology transfer, and reforming the WTO's decision-making structures. These measures could foster a more inclusive and balanced trading system that supports sustainable development in the Global South.

Anindya Zakiyah; Aulia Indryani; Muhammad Ilham Pratama; Sri Handayani

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

In an era of globalization marked by increased cross-border interactions, legal relationships in international contracts have become increasingly complex and demand legal certainty for the parties involved. This study aims to analyze the implementation of choice of law clauses in the settlement of international contract disputes from the perspective of International Civil Law. The method used is normative legal research with a qualitative analytical approach through a review of regulations, doctrines, and relevant legal literature. The results of the study show that choice of law clauses play an important role in providing legal certainty, efficiency in the dispute resolution process, and protection of the interests of the parties. However, its application is still limited by the principle of public policy and mandatory rules in the forum country. Thus, the choice of law clause is an important instrument that reflects the balance between the principle of party autonomy and the principle of state sovereignty in the practice of International Civil Law.

Cahyawiati Cahyawiati; Najwa Putri Pratiwi

Jurnal Relasi Publik 2025 International Forum of Researchers and Lecturers

Marriage is principally intended to establish a happy and enduring family. However, in practice at Puncak area of Bogor Regency has seen the growth of contract marriage, a practice that often resembles disguised prostitution and may facilitate the exploitation of women. This research aims to analyze the legal position and validity of contract marriage from the perspectives of islamic law and Indonesian positive law, as well as to explain its legal consequences for women and children. This study employs a normative juridical method through an examination of positive law, legal doctrine, and prior research, and applies both a statute approach and a case approach. The findings indicate that contract marriage is a time limited marriage that contradicts the objective of marital permanence under the Marriage Law. In Islamic law, the practice is equated with mut’ah marriage, which is prohibited, and if conducted it is deemed void by operation of law. Under Indonesian positive law, contract marriage is not recognized, and its agreement does not satisfy the legal requirements for a valid contract under Article 1320 of the Civil Code. As a result, women may lose civil rights such as maintenance, inheritance rights, and entitlements to joint marital property, while Out-of-Marriage Children may have a limited civil relationship only with the mother and the mother’s family. Therefore, contract marriage lacks validity under both Islamic law and Indonesian positive law and may generate legal, social, and moral harms, particularly for women and children.

Mutiara Mutiara; Nazwa Fithri; M. Ikhsan Syahputra; Sabarudin Sabarudin; Tri Reni Novita

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of sudden resignations, which is common among Generation Z, has become a concern in the modern world of employment. Changes in mindset, expectations of work, and demands for work-life balance are the main factors driving these decisions. However, sudden resignations also raise legal issues related to breaches of employment agreements and the moral responsibilities of employees. This article discusses this phenomenon from the perspective of Indonesian labor law, outlining the contributing factors, the impact on employment relationships, and the legal provisions that govern it. This study uses a normative-descriptive approach based on Law Number 13 of 2003 concerning Labor and Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of the Job Creation Law into Law. This phenomenon shows a gap between normative labor regulations and the reality of a younger generation that is more dynamic and flexible in their work. Therefore, companies and policymakers need to be more adaptive in order to adjust labor regulations to the changing characteristics of today's workforce. In addition, this study also highlights the importance of effective communication between workers and employers to prevent sudden resignations. The results of this study are expected to contribute to the development of labor policies that are more responsive to the needs of Generation Z. Thus, a balance between legal certainty and flexibility in employment relationships can be achieved harmoniously.