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Sitti Fausia
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The Urgency of Implementing Absolute Complaint-Based Criminal Offenses for Domestic Violence in the New Criminal Code: A Study in the Jurisdiction of the Pinrang Police Department Perdana Herryanto Sultan; Sitti Fausia
Journal of Social Research Vol. 5 No. 8 (2026): Journal of Social Research
Publisher : International Journal Labs (AHU-0028405-AH.01.14 Tahun 2022)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i8.3337

Abstract

This study aims to analyze the regulation of absolute complaints for domestic violence crimes (KDRT) in the New Criminal Code and its implementation in the jurisdiction of the Pinrang Police. The research uses empirical juridical methods with a legislative approach, a case approach, and a sociological approach. Data was obtained through interviews with investigators of the Pinrang Police PPA Unit and Pinrang District Court Judges as well as case document studies. It was found that the placement of violence within the scope of marriage as an absolute complaint offense through Article 473 paragraph (6) of the New Criminal Code was followed by a decrease in the number of domestic violence reports, as well as giving rise to new obstacles in the form of pressure on victims to withdraw complaints before the case is completed. This study is one of the initial studies on the work of the provisions of the absolute complaint of domestic violence in the New Criminal Code in the South Sulawesi region.
Perlindungan Hukum Terhadap Hak Kebebasan Berpendapat di Ruang Digital: Keseimbangan Antara Hak dan Kewajiban Pengguna Media Sosial Sitti Fausia
Syntax Idea Vol. 8 No. 1 (2026): Syntax Idea
Publisher : Ridwan Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/syntaxidea.v8i1.14324

Abstract

The rapid development of social media as a digital space has provided broader opportunities for individuals to express opinions and disseminate information publicly. Freedom of expression in the digital sphere is a right protected by law; however, its exercise must be accompanied by compliance with legal obligations and regulatory limitations. This study aims to analyze the role of law in protecting the right to freedom of expression in digital spaces and in maintaining a balance between the rights and obligations of social media users. This research employs a normative juridical method using statutory and conceptual approaches. Data were collected through library research by examining laws and regulations, legal doctrines, and relevant scholarly literature. The findings indicate that law functions as an instrument of social control that regulates the boundaries of freedom of expression while providing legal certainty for social media users. Nevertheless, challenges remain in the implementation of legal protection, including ambiguity in legal interpretation and the rapid advancement of digital technology that outpaces regulatory development. Therefore, strengthening the role of law through regulatory refinement and proportional law enforcement is essential to ensure an orderly and responsible digital space.
Reconstructing the Harmonization of Customary Law and National Law in the Formulation of Public Policy Based on Living Law in Indonesia Sitti Fausia; Perdana Herryanto Sultan
Journal of Social Research Vol. 5 No. 9 (2026): Journal of Social Research
Publisher : International Journal Labs (AHU-0028405-AH.01.14 Tahun 2022)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v5i9.3396

Abstract

Indonesia’s plural legal system reflects the coexistence of national law, customary law, and other normative orders; however, the harmonization of customary law within public policy remains incomplete and often results in legal uncertainty, conflict, and limited social legitimacy. This study aimed to reconstruct a living-law-based model for harmonizing customary law and national law in public policy formulation in Indonesia. The research employed normative legal research using statutory, conceptual, comparative, and case approaches. Legal materials included constitutional provisions, legislation, court decisions, scholarly literature, and government policy documents, which were analyzed qualitatively through systematic, historical, and teleological interpretations. The findings revealed that disharmony persists in the recognition of customary law communities, natural resource management, and dispute resolution because sectoral regulations and administrative mechanisms have not fully accommodated living customary norms. This study proposed a five-stage harmonization model consisting of the identification of living customary values, synchronization with statutory law, participation of customary communities, context-sensitive policy implementation, and periodic evaluation. The study concluded that legal harmonization should integrate relevant customary values without compromising legal certainty, human rights, and the rule of law, thereby supporting more inclusive, responsive, legitimate, and substantively just public policies in Indonesia within the framework of its contemporary plural legal order.
Co-Authors Perdana Herryanto Sultan