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All Journal Journal of Constitutional Law Society (JCLS) NALAR FIQH: Jurnal Hukum Islam
Sulaeman
UIN Sulthan Thaha Saifuddin Jambi
Religion Humanities Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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INSTITUTIONAL DESIGN AND CONSTITUTIONAL LEGITIMACY OF HUMAN RIGHTS SUPPORT INSTITUTIONS AFTER REFORMATION IN INDONESIA: DESAIN KELEMBAGAAN DAN LEGITIMASI KONSTITUSIONAL LEMBAGA PENUNJANG HAM PASCA REFORMASI DI INDONESIA Eza Tri Yandy; Masburiyah; Tri Endah Karya Lestiyani; Sulaeman
Constitutional Law Society Vol. 5 No. 1 (2026): March
Publisher : Pusat Studi Konstitusi dan Perundang-undangan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/jcls.v5i1.134

Abstract

The normative framework of Articles 28A–28J of the 1945 Constitution and Law No. 39 of 1999, as well as the establishment of independent institutions supporting human rights protection as a manifestation of the state's commitment to guaranteeing the constitutional rights of citizens and fulfilling its international obligations, marked a significant transformation of Indonesia's human rights protection system during the transition from the New Order regime to the Reform era. This research attempts to fill the gap in comprehensive analysis of the institutional legitimacy of human rights, the urgency of their establishment, and the problems in the implementation of their functions and authorities. Legal materials are examined both descriptively and qualitatively in this study, which employs a normative juridical method with a legislative, case, and conceptual approach. The study's findings indicate that while the normative and institutional framework for human rights protection has been comprehensively regulated, the implementation of these institutions' functions still faces three main problems: overlapping authority (for example, between the Attorney General’s Office and the National Commission on Human Rights in handling serious human rights cases), limited resources (budget and institutional capacity), and sociological aspects (low public awareness of the law). Therefore, there are three main aspects as recommendations from the institutional constraints faced, namely strengthening the regulatory framework of authority, establishing coordination mechanisms between institutions, and providing adequate institutional capacity support.
From Isbat to Re-Marriage: Withdrawal of Marriage Validation Petitions and the Boundaries of Maslahah in Jambi Religious Court Decree No. 126/Pdt.P/2018/PA.Jmb Sadam Fikri; Sulaeman; Muhammad Sibawaihi
NALAR FIQH: Jurnal Hukum Islam Vol. 10 No. 2 (2019): December 2019
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

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Abstract

Marriage validation (isbat nikah) petitions that fail to achieve validation are often misinterpreted as outright judicial rejections. This article examines Decree No. 126/Pdt.P/2018/PA.Jmb of the Jambi Religious Court—a case widely characterized as a rejected petition, despite its operative holding granting formal withdrawal after the applicants opted to remarry before the Office of Religious Affairs (KUA). Utilizing normative legal research with a case approach, this study analyzes the judicial decree, statutory regulations, and Articles 271–272 of the Reglement op de Rechtsvordering (Rv), supplemented by interviews with court officials. Three main findings emerge. First, the case concluded via formal withdrawal prior to any examination of the merits; thus, no judicial determination was made regarding the marriage's substantive validity. Second, while cited evidentiary weaknesses were never tested in court, the petition contained facts indicating potential marital impediments (halangan nikah), notably the second applicant’s prior marital status. Third, although remarriage provides forward-looking legal certainty aligned with maslahah mursalah, its legal effect is purely prospective, leaving the period prior to registration—including a child’s birth in 2018—uncovered. Ultimately, this article clarifies the analytical distinction between judicial rejection and voluntary withdrawal in isbat nikah scholarship while contributing a temporal framework to the maslahah analysis of family law choices.
Co-Authors Eza Tri Yandy Masburiyah Muhammad Sibawaihi Sadam Fikri Tri Endah Karya Lestiyani