Publication Search

The phenomenon of nikah sirri (unregistered marriage) in Indonesia presents critical challenges in family law, particularly concerning the legal status of children born from such unions. This study examines judicial determinations of child origin by the Religious Courts as a legal mechanism to grant civil legitimacy to children from nikah sirri. Using a normative qualitative approach and analyzing two court decisions (No. 0648/Pdt.P/2018/PA.Lmj and No. 1731/Pdt.P/2022/PA.Jr), the research explores how judges consider the principles of justice, legal certainty, and legal utility through the lens of Gustav Radbruch’s legal philosophy. Findings reveal that judicial reasoning in these cases transcends procedural formalism, reflecting an ethical commitment to the holistic protection of children’s rights. The study applies the Maqasid al-Shari’ah framework to evaluate how such rulings align with the five fundamental objectives of Islamic law (protection of life, lineage, property, intellect, and religion). The legal recognition of a child’s nasab and entitlements is shown to fulfill both statutory requirements and Islamic ethical standards of justice. Thus, this research underscores the need to strengthen the synergy between state law and Islamic moral values, positioning the court not merely as a formal legal apparatus, but as a transformative institution in achieving substantive justice in society.

Electronic Fund Transfer is a fund transfer method that is often used because it saves time and costs. However, along with the development of Information and Communication Technology, this method is becoming increasingly vulnerable to cybercrime due to its implementation using electronic systems. In 2021, Oleksandr Chuiko, Maryna Kahalnytska, and Andrei Turskiy stole electronic information from Bank BRI ATM cards and transferred the data to World Elite ATM cards. This action violated Article 81 of the Transfer of Funds Act and Article 35 of the Electronic Information and Transactions Act. The main charge in this case, Article 81 of the Transfer of Funds Act, has sparked debate due to the defendants use of computer technology regulated by the Electronic Information and Transactions Law.

This research aims to analyze the judge's considerations regarding the circumstances of mitigating the sentence in the Supreme Court decision Number 813k/Pid/2023 based on the principle of proportionality of punishment. The principle of proportionality of punishment is a principle of criminal law which demands that the punishment given must be proportional to the error committed by the convict. The research method used is a literature study by collecting and analyzing data from relevant Supreme Court decisions as well as theoretical reviews related to the principle of proportionality of punishment. The research results show that the judge's consideration of Inspector General Ferdy Sambo's service as a member of the National Police as a mitigating circumstance was appropriate. Although theoretically, a person's service should not be used as a reason to mitigate punishment, in practice, the service of a defendant is often considered in court decisions in Indonesia. However, the judge's consideration of merit as a reason for mitigating punishment in this case was not sufficient to reduce the reproach attached to the defendant, especially with his state apparatus status. Therefore, the decision of the panel of judges to change the sentence to life imprisonment was wrong and not in accordance with the principle of proportionality

In legislative negotiations, the position of the constitutional court is quite high. The constitutional court can change laws that conflict with the constitution by declaring that the law does not have binding legal force. And also the decision of the Constitutional Court is final and binding. So any decision of the constitutional court cannot be contested, even by the MKMK because the decision that has been determined is a permanent decision. So this journal was created to focus on the Constitutional Court decision No.90/PUU-XXI/2023 in the context of Protection of Citizens' Constitutional Rights and Human Rights. This research method is focused on the literature case study method and analysis of previous documents related to the title of this research. Because the Constitutional Court Decision No.90/PUU-XXI/2023 is a quite complex problem for people who do not agree with the decision and question whether the decision can be an effort to protect the constitutional rights of citizenship and human rights.