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All Journal FIAT JUSTISIA: Jurnal Ilmu Hukum Al Ushuliy
Wahyu Kurniawan
Universitas Diponegoro
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Jurisdictional Synergy and Contradictions: Religious and State Courts in Indonesia's Pluralistic Inheritance Disputes Ade Fariz Fahrullah; Nurhayati Zein; Muhammad Hafis; Juliani Syafitri; Wahyu Kurniawan
Fiat Justisia: Jurnal Ilmu Hukum Vol. 20 No. 2 (2026)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/fiatjustisia.v20no2.4920

Abstract

Legal pluralism in Indonesia’s inheritance law, encompassing Islamic law, customary law, and the Civil Code, creates institutional dualism in dispute resolution. This article analyzes the roles of the Religious Court and District Court, identifies jurisdictional synergies and conflicts, and evaluates their implications for legal certainty and substantive justice using a normative juridical method supported by regulations, jurisprudence, and secondary data. The findings show that the Religious Court plays a central role, particularly in post-mortem marital property disputes and cases prone to forum shopping, while synergy appears in the execution of decisions through notaries and Land Deed Officials (PPAT) linking judicial determinations with land administration. Contradictions arise when such disputes are brought before the District Court, creating inefficient multi-stage processes and prolonging resolution, which weakens legal certainty and procedural efficiency. The study underscores the need for clearer regulatory alignment through Supreme Court instruments to define jurisdictional limits and prevent forum shopping, alongside strengthening judicial capacity and harmonizing the role of notaries and PPAT to achieve a more integrated and reliable system of inheritance dispute resolution.
Application of The Law and The Implications of Imposing Chemical Castration in Judgment No. 895/Pid.Sus/2023/Pn.Bjm From The Perspective of Legal Positivism Wahyu Kurniawan; Ulfia Pamujiningsih
Al Ushuliy: Jurnal Mahasiswa Syariah dan Hukum Vol. 5 No. 1 (2026): Vol 5 No 1
Publisher : UIN Mahmud Yunus Batusangkar

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Abstract

The phenomenon of implementing chemical castration as an additional penalty in the Banjarmasin District Court Decision Number 859/Pid.Sus/2023/PN Bjm has sparked serious debate within the realm of criminal law, particularly when examined through the perspective of legal positivism, which emphasizes the supremacy of written norms over moral and social considerations. Utilizing a normative juridical approach through case and statute analysis, this study examines the consistency of legal application by judges in sentencing perpetrators of sexual violence against children. The results of the analysis indicate that while the application of Article 81 paragraph (3) of Law Number 17 of 2016 was appropriate for the principal penalty, the imposition of chemical castration lacked a valid legal basis as stipulated in Article 81 paragraphs (4) and (5). This discrepancy poses significant issues regarding the principle of legality, legal certainty, and the protection of human rights. Conceptually, these findings affirm that a rigid application of legal positivism has the potential to obscure substantive justice values, which should serve as the essence of every judicial decision.
Co-Authors Ade Fariz Fahrullah Juliani Syafitri Muhammad Hafis Nurhayati Zein Ulfia Pamujiningsih