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All Journal Jurnal Hukum Progresif Jurnal Cakrawala Hukum Al-Bayyinah
Sembiring, Adventi Ferawati
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Religion Law, Crime, Criminology & Criminal Justice

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Paradigmatic Study of the Supreme Court's Downgrade Decision in the Case of Premeditated Murder of Nofriansyah Yosua Hutabarat Zakiyah, Ninik; Corputty, Patrick; Hutabarat, Feby Amalia; Amir, Irfan; Sembiring, Adventi Ferawati
Al-Bayyinah Vol. 8 No. 2 (2024): Al-Bayyinah
Publisher : Faculty of Sharia and Islamic Law Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/al-bayyinah.v8i2.7452

Abstract

This study examines the Supreme Court's decision in the premeditated murder case involving Ferdy Sambo, focusing on the reduction of the sentence from the death penalty to life imprisonment. The research aims to identify non-legal factors influencing the verdict, analyze its implications for Indonesia's criminal law paradigm, and evaluate public responses following the cassation decision. A descriptive-analytical approach was employed, utilizing legal document analysis and the post-positivist paradigm as the theoretical framework. The study interprets judicial considerations within a dynamic legal context, integrating legal norms with reflective interpretations. The findings reveal that the sentencing change reflects a shift in Indonesia's criminal law paradigm from retributive to rehabilitative, as adopted in the new Penal Code. The defendant's remorse was a key factor in the sentencing reduction. However, public response to the cassation decision indicated a decline in public trust and engagement with the judiciary, evidenced by reduced public discourse compared to the case's initial stages. The shift from retributive to rehabilitative justice served as the basis for the cassation decision. This study highlights challenges in strengthening public trust in the judicial system, emphasizing the need for greater transparency and accountability in legal decision-making processes.
Socio-Legal Study of Pemena Recognition and Civil Rights Sembiring, Adventi Ferawati; Ani Purwanti; Sukirno
Jurnal Cakrawala Hukum Vol. 17 No. 1 (2026): April 2026 (in press)
Publisher : Faculty of Law, University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v17i1.16985

Abstract

This study examines the recognition of the local Pemena religion and the fulfilment of the civil rights of its adherents following Constitutional Court Decision No. 97/PUU-XIV/2016. Normatively, this decision marks a significant shift in Indonesian legal policy by recognising adherents of local beliefs as equal legal subjects within the civil registry system. However, in practice, the implementation of this policy still faces various obstacles. This study aims to analyse the form of recognition granted to Pemena and to identify the factors causing the sub-optimal fulfilment of the civil rights of its adherents in Karo Regency, North Sumatra. The research employs a socio-legal approach, combining normative legal analysis with empirical data obtained through interviews with Pemena adherents and relevant officials. The findings indicate that recognition of Pemena remains largely formal and has not yet been fully realised in practice. Pemena adherents continue to face discrimination, both in the form of social stigma and administrative barriers to obtaining civil registration documents. The gap between legal norms and implementation, administrative requirements that are not contextually appropriate, and a lack of understanding among officials are the main factors hindering the effectiveness of this recognition. Thus, although the Constitutional Court’s ruling has opened the door to more inclusive recognition, recognition of the local Pemena faith has not yet reached a substantive stage. More comprehensive efforts are required through administrative policy reform, capacity building for officials, and the strengthening of social awareness to realise fair and non-discriminatory protection of civil rights for adherents of the faith. This study confirms that legal recognition without structural and social transformation tends to result in symbolic recognition, thereby enriching socio-legal studies regarding the protection of religious minority groups.
TRANSFORMING ENERGY POLICY IN INDONESIA: ADDRESSING GENDER BIAS AND PROMOTING WOMEN’S EMPOWERMENT IN THE RENEWABLE ENERGY SECTOR Sembiring, Adventi Ferawati; Garunja, Evis
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.1-48

Abstract

This study analyses the role and engagement of women in Indonesia’s renewable energy transition through a feminist perspective, emphasising the shift from gender-neutral frameworks to inclusive, equitable, and justice-oriented approaches. The research employs document analysis of national energy plans, with a focus on the “Sumba Iconic Island” programme as a case study, complemented by a literature review that addresses ethics of care, distributive justice (Gilligan, Noddings, Rawls), and feminist perspectives—specifically standpoint theory and intersectionality. It highlights the patriarchal biases embedded in technocratic and macroeconomic policy frameworks. Although Indonesia possesses a wealth of renewable resources—including solar, bioenergy, and ocean waves—women’s experiential knowledge and perspectives remain underrepresented in energy policy and planning. Existing evidence indicates that empowering women as technicians and energy educators enhances technology adoption, social effectiveness, and long-term sustainability. A comparative analysis of Iceland and Germany shows that mandatory gender-equity reporting and inclusive public consultations—guided by feminist perspectives—position women as strategic partners in energy decision-making, rather than passive beneficiaries. Proposed actions include the adoption of feminist-informed Gender Responsive Budgeting (GRB) in energy-sector funding, revising technical regulations to require assessments of gender-power impacts, and establishing women’s energy advisory forums at both national and regional levels. These measures aim to reshape Indonesia’s energy transition into a process that is equitable, inclusive, fundamentally feminist, and environmentally sustainable.
Co-Authors Amir, Irfan Ani Purwanti Corputty, Patrick Garunja, Evis Hutabarat, Feby Amalia SUKIRNO Zakiyah, Ninik