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All Journal Wacana, Jurnal Sosial dan Humaniora YURISDIKSI : Jurnal Wacana Hukum dan Sains International Journal of Educational Review, Law And Social Sciences (IJERLAS) International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Indonesia Law Reform Journal (ILREJ) Asian Journal of Management, Entrepreneurship and Social Science
ABDUL RACHMAD BUDIONO
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Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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CONTINUOUS DISPUTES AND FIGHTS ARE THE MOST POPULAR REASONS FOR DIVORCE Nadia Romadhon; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3950

Abstract

Marriage is a spiritual and physical bond between a man and a woman to form a family that is peaceful, loving, and merciful. However, not all marriages are harmonious and lasting. Data from the Religious Courts shows that the most common reason for divorce in Indonesia is persistent disputes and quarrels. This study aims to analyze the legal provisions related to these reasons, as stipulated in Article 116 letter (f) of the Compilation of Islamic Law and Article 19 letter (f) of Government Regulation No. 9 of 1975, as well as the implementation and development of their formulation through SEMA Number 3 of 2023. In practice, judges have the freedom to assess whether a household conflict has met the requirements of "continuous" and "no hope of reconciliation" to be the basis for a divorce decision. This study shows that economic factors, poor communication, and the presence of a third party contribute to these dominant reasons for divorce. Therefore, strengthening regulations and understanding judges is important to maintain a sense of justice for the parties.
Execution of Restitution for Child Victims of Criminal Acts (A Study at the Grobogan District Prosecutor’s Office) Thesa Tamara Sanyoto; Abdul Rachmad Budiono; Fachrizal Afandi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 3 (2025): December
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i3.337

Abstract

This study aims to analyze the regulatory framework and implementation of restitution enforcement for child victims of criminal acts, with specific emphasis on the authority of Public Prosecutors at the Grobogan District Prosecutor’s Office. Restitution is a fundamental right granted to victims under the Child Protection Law and Law Number 12 of 2022 concerning Sexual Violence Crimes, designed to restore the material and immaterial losses suffered by children due to criminal acts. The law establishes the perpetrator’s responsibility to provide restitution and allows substitute imprisonment when the payment obligation is not fulfilled. This research applies a socio-legal methodology by integrating normative legal analysis with empirical examination of how restitution is implemented in practice. Such an approach allows the researcher to assess the compatibility between legal norms and their actual enforcement in safeguarding child victims’ rights. The findings reveal persistent challenges in restitution execution, including complicated procedures for filing applications with the Witness and Victim Protection Agency (LPSK), strict evidentiary requirements, limited victim awareness, and the absence of detailed technical guidelines for asset seizure to guarantee payment. When perpetrators fail to compensate, state-funded compensation is necessary to uphold victim protection. Therefore, strengthening restorative justice principles, enhancing coordination among law enforcement institutions, and ensuring clearer execution mechanisms are essential to guarantee legal certainty and fulfillment of restitution rights within Indonesia’s criminal justice system.
THE LEGITIMACY OF THE REGISTERED MAIL COURT SUMMON AND ITS CHALLENGES TO THE PRINCIPLE OF CONTANTE JUSTITIE IN THE SUNGAI PENUH RELIGIOUS COURT Rizqi Aulia Muslim; Abdul Rachmad Budiono; Mohammad Hamidi Masykur
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025): November
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v6i1.4518

Abstract

Summoning hearings by registered mail is a new instrument in the e-Court system designed to strengthen the principle of contante justitie as a fundamental principle of simple, fast, and low-cost justice. This study aims to analyze the basis of the legitimacy of summoning a trial through a registered letter according to positive law and examine the challenges of its implementation in practice in the Sungai Penuh Religious Court. Using a socio-legal approach, this study integrates normative analysis of PERMA Number 7 of 2022, SEMA Number 1 of 2023, and HIR/RBg provisions with empirical findings obtained through observation and interviews. The results of the study show that although normatively recorded letters have formal legitimacy as a valid and appropriate summons, their effectiveness in the field has not fully supported the fulfillment of the principle of contante justitie. Various obstacles are still found, including delays in delivery, untimely receipts, high return rates, low understanding of postal officers on procedural legal procedures, and the defendant's attendance rate, which is only in the range of 35-36 percent. This situation causes a distortion between normative and functional legitimacy in the practice of summoning hearings. This research highlights the importance of reinforcement of operational standards, improvement of the capability of PT Pos Indonesia officers, and reconstruction of legally feasible standards in the form of electronic summons for the fulfillment of the principle of continual justice in the enactment of modern justice.
Co-Authors Aditya Syahrul Ikram Bagus Mizan Albab BAMBANG SUGIRI Budi Santoso Budi Santoso Didik Artino Jamaludin Erma Defiana Putriyanti Fachrizal Afandi Hadiati, Dian Hamidi Masykur Hanif Nur Widhiyanti Helpan Setiabudi Mohammad Hamidi Masykur Nadia Romadhon Rachmi Sulistyarini RATNAWATI Reka Dewantara Rizqi Aulia Muslim Sihabudin Stephanie Wilamarta Sudarsono Sukarmi Sukarmi, Sukarmi Thesa Tamara Sanyoto Winnugroho Wiratman, Manfaluthy Hakim, Tiara Aninditha, Aru W. Sudoyo, Joedo Prihartono Yenny Eta Widyanti