Article Per Year (5 Year)
p-Index From 2021 - 2026
1.084
P-Index
This Author published in this journals
All Journal Journal Of Law Sciences (Legisci)
Gusti Yosi Andri
Swadaya Gunung Jati University, Cirebon
Law, Crime, Criminology & Criminal Justice

Published : 7 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 7 Documents
Search

 1 
Post-Divorce Child Support Obligations as Ex Lege Obligations and Its Implications for Legal Certainty in the Perspective of Civil Procedure Law Zahra Aolia; Gusti Yosi Andri
Jurnal Legisci Vol 3 No 6 (2026): Vol 3 No 6 June 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i6.1188

Abstract

Background. The obligation to support children after divorce has been normatively regulated in laws and regulations, but in judicial practice it is often not stated in the decision, thus creating a gap between material law and procedural law in ensuring legal certainty in fulfilling children's rights. Aims. This study aims to analyze whether the obligation to support a child born directly under the law (ex lege) or depends on a court decision, as well as assess the harmony between material law and procedural law. Result. The results of the study show that the obligation of child support is juridically an ex lege obligation that is born directly from the law and is imperative and binding without the need for the appointment of a judge. However, in judicial practice, these obligations are not always stated in the judgment because the judge is bound by the passive and ultra petita principles that limit the scope of the decision to the petitum submitted by the parties. Conclusion. This condition shows a disharmony between material law and procedural law, which has an impact on the lack of optimal legal certainty in fulfilling children's rights after divorce. Implementation. As a result, maintenance obligations often do not have executory force if they are not applied, so their implementation depends on the judge's decision.
Postnuptial Agreement as a Legal Instrument in Restoring the Validity of the Sale and Purchase Deed of Mixed Marriage Land Ary Kareliana; Gusti Yosi Andri
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1220

Abstract

Background. The absence of a marriage agreement in a mixed marriage triggers a normative conflict between the Marriage Law and the Basic Agrarian Law (UUPA), which threatens the right of an Indonesian Citizen (WNI) over freehold title land (Hak Milik). Aims. This research aims to analyze the legal validity of the Land Deed of Sale and Purchase executed without a marriage agreement and to examine the legal certainty of a Postnuptial Agreement as a remedial instrument, based on Gustav Radbruch's theory. Methods. This doctrinal legal research employs statutory and conceptual approaches through a qualitative analysis of legal materials. Result. The results indicate that a freehold title AJB executed without a marriage agreement is legally defective and null and void due to violations of subjective and objective contract requirements, including the UUPA's prohibition on foreign ownership. This juridical defect is remedied through a Postnuptial Agreement pursuant to Constitutional Court Decision Number 69/PUU-XIII/2015, which serves as a curative and retroactive legal remedy. Conclusion. According to Gustav Radbruch's theory of legal certainty, this instrument confers actual legal certainty only if it is formalized in a Notarial Deed, registered with the civil registry agency (the principle of publicity), and free from any bad faith aimed at circumventing the law. Implementation. Furthermore, its retroactive effect must be strictly limited so as not to prejudice the rights of third parties and not to validate land objects that have exceeded the time limit for the relinquishment of rights.
Juridical Implications of Postnuptial Agreement for Creditors from the Perspective of Legal Certainty Galang Rasyiq Suyudi; Gusti Yosi Andri
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1221

Abstract

Background. The implementation of postnuptial agreements following the Constitutional Court Decision Number 69/PUU-XIII/2015 often creates legal uncertainty for creditors due to the sudden separation of assets carried out in the middle of a marriage. Aims. This study aims to analyze the juridical implications of making a marriage agreement after marriage on the position of the creditor as a third party from the perspective of legal certainty. Methods. The research method used is normative legal research with a statutory approach and a conceptual approach. Result. The results show that the separation of assets through a postnuptial agreement results in a change in the status of debt guarantees, which were originally community property into personal property, thereby potentially reducing the creditor's general security rights as regulated in Article 1131 of the Indonesian Civil Code. In order for such an agreement to be binding on third parties, the principle of publicity through registration with the relevant authorities (the Population and Civil Registry Office or the Office of Religious Affairs) must be strictly fulfilled. Without valid registration, the marriage agreement is only binding internally between the husband and wife and cannot be enforced against creditors. Conclusion. Legal protection for creditors can be pursued through preventive measures, such as asset status verification by a Notary before signing credit agreements, as well as repressive measures through the filing of an Actio Pauliana lawsuit if it is proven that the debtor acted in bad faith to evade collateral assets through the asset separation mechanism to avoid debt repayment.
Cohabitation By Parties Who Are Still Bound By Marriage And Its Qualification As An Unlawful Act Putri Sindi Rinata; Gusti Yosi Andri
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1224

Abstract

Background. The practical implications of cohabitation remain a primary topic within the realms of moral and criminal law; however, studies addressing cohabitation in terms of civil liability for parties still bound by marriage are limited. Aims. This research aims to discuss cohabitation among married individuals based on the perspective of Law Number 1 of 1974 concerning Marriage and to determine its qualification as an unlawful act (PMH) referring to Article 1365 of the Civil Code. Methods. The study employs a normative legal method, using legislation and conceptual analysis. Result. The findings demonstrate that cohabitation contradicts the duty of fidelity in marriage and lacks legal legitimacy since it occurs without a valid bond, spousal consent, or court approval. Conclusion. Furthermore, cohabitation meets the criteria of an unlawful act, including an act, unlawfulness, fault, material and immaterial losses, and a causal relationship, thereby enabling the involved parties to be held civilly liable for damages.
Analysis of Unlawful Acts in the Installation of Electricity Poles on Private Land without the Consent of the Landowner Tetuko Trie Wicaksana; Gusti Yosi Andri; Zelfi Ghaffar Aufiya
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1225

Abstract

Background. The research stems from a discrepancy between legal regulations regarding land use for the public interest and the practices observed on the ground. In some cases, the installation of electricity poles is still carried out without the consent of the landowner, even without adequate guarantees. This condition raises questions about whether such actions can be classified as unlawful. Aims. This research aims to examine these matters while analyzing how the conflict between public interests and individual rights is understood through Ronald Dworkin's perspective Methods. A juridical normative approach to examine laws and regulations, as well as a philosophical approach. Result. The outcome of this exploration also reveals that the installation of electricity poles without consent fulfills the elements of an unlawful act, starting from the existence of the action, the unlawful nature, error, loss, and a causal relationship. Conclusion. In Dworkin's framework, individual rights cannot simply be overridden by the public interest, especially if accompanied by a clear legal basis and fair compensation.
Legal Parameters of Placement of Parents in Nursing Homes as Neglect Rahayu Febriani; Gusti Yosi Andri; Zelfi Ghaffar Aufiya
Jurnal Legisci Vol 3 No 6 (2026): Vol 3 No 6 June 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i6.1234

Abstract

Background. The placement of the elderly in nursing homes is still often perceived as a form of neglect, although positive law has not made such an act an automatic offense. The difference between social judgment and legal measures has led to the lack of clear parameters to determine when placement in a nursing home is still an exercise of family obligations and when it turns into neglect. Purpose. This study aims to analyze the legal position of parental placement in nursing homes and formulate the boundary between moral obligations, family legal obligations, and neglect based on Indonesian positive laws through the theory of H.L.A. Hart. Method. This research uses normative legal research methods with a legislative approach and a conceptual approach. The analysis was carried out qualitatively through the interpretation of laws and regulations, legal doctrines, and the theory of H.L.A. Hart as the basis of the analysis. Results. The results showed that the measure of neglect lies in the neglect of the obligation to provide life, care, maintenance, and attention to the elderly who need help, not in the location where they live. Parental placement in a nursing home remains legal as long as the family continues to fulfill legal responsibilities, maintain relationships, supervise treatment, and ensure all parental needs are met. On the other hand, neglect only occurs when the family releases these legal obligations so that the basic needs of the parents are no longer met. Conclusion. This research offers legal parameters that clearly distinguish between moral obligations, family obligations, and neglect, thus providing certainty in the application of laws related to the care of elderly parents.
Consumer-SLAPP: The Concept of Legal Protection for Influencers as Consumers in Digital Review Farel Putra Betharyana; Gusti Yosi Andri
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1237

Abstract

Background. The development of digital space has created legal uncertainty regarding the position of influencers who deliver reviews of goods and/or services based on their personal experience as consumers. Aims. This research aims to analyze the legal standing of influencers as consumers in digital review activities and to examine the application of H.L.A. Hart's The Concept of Law to the legal protection of such activities. Methods. This research employs a normative juridical method using statutory and conceptual approaches. Legal materials, comprising primary, secondary, and tertiary sources, were analyzed qualitatively through grammatical, systematic, and conceptual interpretation. Result. The results show that influencers may have the legal standing of consumers insofar as they use goods and/or services for personal purposes rather than for resale. This standing entitles influencers to express opinions, assessments, and complaints regarding the products used, including through digital reviews. However, the development of digital space has led to reviews being perceived as public information that can affect business reputation, prompting the use of legal instruments against consumer reviews. Based on Hart's theory, this condition reflects uncertainty in primary rules due to the absence of specific regulations protecting consumer review activities in the digital space. Conclusion. The concept of Consumer-SLAPP is proposed as a legal protection framework to recognize influencers' standing as consumers and safeguard honest, objective, and good-faith reviews. Implication. This research implies the need for regulatory reform in consumer protection law to address the evolving dynamics of digital consumer participation.
Co-Authors Ary Kareliana Farel Putra Betharyana Galang Rasyiq Suyudi Putri Sindi Rinata Rahayu Febriani Tetuko Trie Wicaksana Zahra Aolia Zelfi Ghaffar Aufiya