Article Per Year (5 Year)
p-Index From 2021 - 2026
0.444
P-Index
This Author published in this journals
All Journal Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Legal Protection for the Partnership Agreement Parties
Rusydi, Bustanul Arifien
Unknown Affiliation
Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search

 1 
Ambiguity of Damages in Civil Court Decisions: A Case-Based Analysis of Racial and Ethnic Discrimination in Indonesia Rusydi, Bustanul Arifien
Asy-Syir'ah: Jurnal Ilmu Syari'ah dan Hukum Vol 58 No 1 (2024)
Publisher : UIN Sunan Kalijaga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14421/ajish.v58i1.414

Abstract

This study examines the ambiguity of damages in civil court decisions concerning racial and ethnic discrimination in Indonesia. Using a normative legal method with philosophical, conceptual, and case study approaches, the research focuses on the application of adequate causality theory by Johannes von Kries to assess the causal relationship between discriminatory acts and non-material harm. The study analyzes court decisions Surabaya District Court Decision No. 529/Pdt.G/2014/PN. Sby, Central Jakarta District Court Decisions No. 588/Pdt.G/2017/PN.Jkt.Pst and No. 13/Pdt.G/2018/PN.Jkt.Pst, which were declared inadmissible due to insufficient proof of harm. Findings reveal that current evidentiary standards are limited to material losses, leaving psychological harm—such as trauma, fear, and social stigma—unaddressed. This research proposes normative parameters for evaluating non-material damages, including psychological intensity, public exposure, duration of impact, and social vulnerability of victims. The study highlights the need for a more responsive evidentiary framework that accommodates the realities of symbolic and immaterial harm in discrimination cases.
RECASTING THE BEST INTERESTS TEST: Safeguarding Sibling Continuity in Indonesian Custody Adjudication Hamrany, Ahmad Khairun; Rusydi, Bustanul Arifien
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2183

Abstract

The absence of clear evaluative guidelines for child custody determination in Indonesia has led judicial reasoning to be dominated by parent–child relational assessments. In contrast, the continuity of children’s relationships with their siblings is frequently overlooked. Yet sibling bonds can be crucial protective factors for children’s adjustment following parental divorce. The study aims to map how judges operationalize the best interests of the child principle in custody cases involving more than one child; to assess the consideration given to sibling relationships, psychosocial evidence, and children’s participation; and to propose regulatory strengthening. Using a normative–empirical design, this study examines how judges assess children’s psychosocial circumstances as a basis for deciding custody disputes. Data were collected through purposive sampling of court judgments and mediation outcomes in child-custody disputes involving multiple children. Qualitative analysis and reflexive thematic analysis were employed to map the ratio decidendi and to identify operational gaps in custody adjudication concerning sibling relationships, psychosocial evidence, and children’s participation across judicial decisions. The findings show that judges consistently invoke the best interests of the child as the guiding principle, but operationalize it through a narrow focus on the individual parent–child relationship. Decisions to keep siblings together or to separate them are made without a transparent analysis of the psychosocial implications for the children. By reframing sibling-relationship continuity as a prima facie element of the best-interests principle, this study proposes a phased strengthening of Indonesia’s custody adjudication framework through Supreme Court circular guidance and legislative reform.
Co-Authors Hamrany, Ahmad Khairun