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All Journal Jurnal Cita Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Hasanuddin Law Review Jurnal Hukum Islam SASI Journal of Law and Legal Reform JILS (Journal of Indonesian Legal Studies)
Rajamanickam, Ramalinggam
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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The Justice for Illegitimate Children of Indonesian Women Workers Through Constitutional Court Decision No. 46/PUU-VIII/2010 Kusmayanti, Hazar; Kania, Dede; Rajamanickam, Ramalinggam; Masykur, Mohammad Hamidi
Jurnal IUS Kajian Hukum dan Keadilan Vol. 11 No. 2: August 2023 : Jurnal IUS Kajian Hukum dan Keadilan
Publisher : Magister of Law, Faculty of Law, University of Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/ius.v11i2.1228

Abstract

The position of children out of marriage in everyday life by some people is seen as low, on the other hand in terms of welfare and civil rights still get limitations. This research focuses on the implementation of Constitutional Court Decision No. 46/ PUU-VIII /2010 on illegitimate children of Indonesian Women Workers. The research confirmed that the addition of Article 43 paragraph (1) made by the Constitutional Court through Decision No. 46/PUU-VIII/2010 is not only limited to the right to protection but has a very broad meaning that also includes illegitimate children born to Indonesian Women Workers. In accordance with the principle of equality before the law, the law must provide fair protection and legal certainty. The findings of this study revealed that illegitimate children of migrant workers can obtain constitutional rights as Indonesian citizens adhering to the principles of the rule of law. Therefore, the Constitutional Court’s decision does not only affect children’s inheritance rights, but also has implications for guaranteeing and protecting illegitimate children born to migrant workers, such as the right to earn a living, guardianship rights, and the right to get child support from a biological father.
Implementation of the Mobile Court Policy in Religious Courts On The Legal Political Perspective Hazar Kusmayanti, Hazar; Madiha Dzakiyyah Chairunnisa, Madiha Dzakiyyah Chairunnisa; Dede Kania, Dede Kania; Rajamanickam, Ramalinggam
Jurnal Hukum Islam Vol 22 No 1 (2024)
Publisher : Universitas Islam Negeri K.H. Abdurrahman Wahid Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28918/jhi_v22i1_1

Abstract

The mobile court policy is a way in which the court can provide the best and equal service to justice seekers by the principles of simplicity, speed and low costs. This research discusses the mobile court policy and its implementation in religious courts from a legal-political perspective. The research method uses empirical juridical. Interviews were conducted with judges and litigants in mobile courts at three Religious Courts, i.e.: Tasikmalaya, Soreang and Subang. Document studies are used to search for regulations and related case documents. The research findings show that the problems with implementing mobile courts in the three religious courts are: the infrastructure for mobile courts is still inadequate because they are held outside the building and far from the Religious Courts; public education is still low, they do not even have an understanding of the law and the judicial process; the judge also acts as a mediator in the mobile court and; case settlement was only carried out twice. This condition is increasingly problematic because most cases are divorces, so the facts in the trial are less accurate and affect the quality of court decisions. An interesting finding is that the mobile court is an effort to provide access to justice for people in unreachable areas by the Religious Courts and as a solution to reduce the divorce rate. However, in fact it increases the divorce rate in the target area. People think that the mobile court makes it easier for them to decide on divorce. 
Legal Framework for Authenticity of Blockchain Electronic Evidence in China: Under a Comparative Law Perspective Chen, Siqi; Rajamanickam, Ramalinggam; Manap, Nazura Abdul
Hasanuddin Law Review VOLUME 10 ISSUE 3, DECEMBER 2024
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v10i3.5638

Abstract

This article analyses the attitudes of various courts towards blockchain electronic evidence and the inconsistent conclusions on its authenticity in China’s judicial practice. The purpose of this article is to explore the rules for determining the authenticity of blockchain electronic evidence that are suitable for China’s reality. This article adopts a qualitative approach to analyse the rules for determining the authenticity of blockchain electronic evidence in China, and identifies the problems faced when reviewing the authenticity of blockchain electronic evidence in Chinese judicial practice. Finally, by comparing and learning from the U.S. rules for determining the authenticity of blockchain electronic evidence, this article puts forward proposals for establishing the best evidence rule and the hearsay rule for blockchain electronic evidence, refining the rules for judicial presumptions as well as explicitly reviewing the authenticity of the electronic evidence prior to uploading it to the blockchain.
Academic Misconduct Responsibilities: An Empirical Comparison Using 35 Chinese Cases as a Foundation Cao, Wenze; Cao, Zhaoxun; Rajamanickam, Ramalinggam; Dahlan, Nur Khalidah
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5696

Abstract

This article undertakes a comprehensive exploration of academic misconduct by employing a robust comparative and empirical approach. It meticulously examines 35 representative cases from China, delving into the diverse manifestations of academic misconduct such as fund project evaluation interference, fraud, paper trading, improper authorship, and multiple submissions. Through in-depth legal analysis, it not only investigates the infringements on intellectual property rights and public legal interests but also proposes the application of strict liability in tort law. To enhance the regulatory framework, the article advocates for clearer criminalization criteria for severe academic misconduct. It further extends the discussion to incorporate the roles of academic institutions, the challenges in enforcement, and a more expansive legal framework. By drawing on international experiences and best practices, it formulates comprehensive and actionable suggestions for reforming China's academic misconduct regulations, aiming to address this issue effectively on both national and international levels.
Patterns of Religious Magic Customary Law in Traditional Sundanese Wiwitan Marriage in West Java Kusmayanti, Hazar; Kania, Dede; Sulastri, Dewi; Suhartini, Endeh; Rajamanickam, Ramalinggam
SASI Volume 29 Issue 3, September 2023
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/sasi.v29i3.1467

Abstract

Introduction:  The marriage law was carried out through a long process, due to, religions, or national interests. Marriages in Indonesia are not only based on the beliefs of official religions in Indonesia, but there are also marriages carried out by the Faith in God Almighty. One of the faith streams in Indonesia is the Sunda Wiwitan school. Purposes of the Research:  In this study, researchers were interested in examining magical religious practices in the marriages of the Sunda Wiwitan indigenous people of West Java.Methods of the Research: The approach method used in this study is normative juridical research through legal principles, legal systematics, legal synchronization, and legal comparison. Results of the Research: The results showed that the marriage practice of indigenous peoples who live the Sunda Wiwitan faith is still thick with its customary rituals, this is done as a process in fulfilling the practice of marriage as one of the important life phases for the Sunda Wiwitan community. The characteristics of marriage of indigenous peoples who live in Sunda Wiwitan in West Java, having the concept of marriage containing the meaning of the beginning of the single end so sawaji (initially one, finally so unified), Marriage must be monogamous which is approved by the parents of both parties and the prohibition of marriage for Sunda Wiwitan believers is to marry between nations (marrying people outside Indonesia).
Academic Misconduct Responsibilities: An Empirical Comparison Using 35 Chinese Cases as a Foundation Cao, Wenze; Cao, Zhaoxun; Rajamanickam, Ramalinggam; Dahlan, Nur Khalidah
Hasanuddin Law Review VOLUME 11 ISSUE 1, APRIL 2025
Publisher : Faculty of Law, Hasanuddin University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20956/halrev.v11i1.5696

Abstract

This article undertakes a comprehensive exploration of academic misconduct by employing a robust comparative and empirical approach. It meticulously examines 35 representative cases from China, delving into the diverse manifestations of academic misconduct such as fund project evaluation interference, fraud, paper trading, improper authorship, and multiple submissions. Through in-depth legal analysis, it not only investigates the infringements on intellectual property rights and public legal interests but also proposes the application of strict liability in tort law. To enhance the regulatory framework, the article advocates for clearer criminalization criteria for severe academic misconduct. It further extends the discussion to incorporate the roles of academic institutions, the challenges in enforcement, and a more expansive legal framework. By drawing on international experiences and best practices, it formulates comprehensive and actionable suggestions for reforming China's academic misconduct regulations, aiming to address this issue effectively on both national and international levels.
Restorative Justice in Corporate Dispute Resolution as Business Actor in Indonesia Abubakar, Lastuti; Afriana, Anita; Rajamanickam, Ramalinggam; Fakhirah, Efa Laela
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4573

Abstract

Indonesian limited liability company (Perseroan Terbatas or "PT") is a preferable entity selected by business actors in conducting activities. In this context, the characteristics of PT grant persona standi in judicio, as a legal subject capable of initiating and defending lawsuits in civil and criminal courts under Law No. 40 of 2007. Therefore, this article aimed to discuss the implementation of corporate accountability in the context of PT, and the potential for restorative justice in resolving disputes, relying on secondary sources such as theories, norms, and legal principles. The results show that 1) the application of restorative justice is consistent with the corporate entity's existence to maintain business continuity while upholding accountability as a legal subject, 2) Restorative Justice, centered on fundamental elements of encounter, repair, and transform, represents an effort towards the well-being and integrity of victims, perpetrators, and society. The method enhances legal certainty and protection for parties in PT-related business activities.
The International Human Rights Standard and Pakistan’s Obligations regarding Wrongful Conviction: A Comparative Doctrinal Analysis with the United Kingdom Jan, Naseem; Rajamanickam, Ramalinggam; Zahir, Mohd Zamre Mohd
Jurnal Cita Hukum Vol. 13 No. 2 (2025): Summer Edition
Publisher : Fakultas Syariah dan Hukum, UIN Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jch.v13i2.46942

Abstract

Failures within the criminal justice system can result in wrongful convictions, leading to a loss of human rights. Additionally, wrongful convictions can erode trust in the system as a whole. This article examines the disparate human rights standards around the world as they relate to wrongful convictions, focusing on Pakistan and the expectations for Pakistan’s position in the global community on the issue. This article also examines the comparative and doctrinal position of the UK, aiming to identify the strengths and weaknesses of Pakistan's position. This takes into account the central instruments of human rights —the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights —as well as the domestic case law and statutes of both the UK and Pakistan. In Pakistan, all the agreements on fair trial and remedies under the ICCPR guarantee fair trial rights. Still, there have also been domestic legislative omissions, such as the lack of a law to compensate the wrongfully imprisoned. The UK, on the other hand, has a more systematic approach, particularly in the office of the Criminal Justice Act 1988. In light of this, Pakistan needs a domestic law that addresses the human rights standards at its disposal to deliver justice to the wrongfully convicted.
Prevention of the Corruption Crime through Administrative Enforcement Mechanism against Abuse of Authority Rahman, Wahbi; Sudarsono, Sudarsono; Djatmika, Prija; Madjid, Abdul; Rajamanickam, Ramalinggam
Journal of Law and Legal Reform Vol. 5 No. 4 (2024): Contemporary Issues on Law Reform in Indonesia and Global Context
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v5i4.1849

Abstract

The law regulates that abuse of authority that results in state financial losses is a criminal offence of corruption. Law 30 of 2014 concerning Government Administration regulates the accountability mechanism for discretion that falls into the category of abuse of authority which then causes state losses which can lead to the application of administrative sanctions as stipulated in Article 80 paragraph (4) of the Government Administration Law. Based on this, the researcher draws a theoretical problem regarding the Prevention of Corruption Through Administrative Enforcement Mechanisms against Abuse of Authority in the Form of Discretion that causes state financial losses using normative juridical legal research methods with a focus on discussions related to the application of systematic specialist principles in cases of abuse of authority that cause state financial losses as a concept. Where based on the research that has been carried out, it is known that with the development of applicable legal instruments, administrative enforcement against abuse of authority in the form of discretion that causes state financial losses can be used as an instrument to prevent the occurrence of a criminal act of corruption by using the principle that does not override each other,  meaning that if it can be resolved by administrative instruments then criminal law instruments are no longer applied, which is theoretically called the principle of Una-Via or ultra vires, meaning that if a case has been resolved administratively then the opportunity to resolve the case by other legal means is closed.
The Character of Peace in Judges’ Customary Criminal Receptions as Restorative Justice Kusmayanti, Hazar; Putri, Sherly Ayuna; Fakhriah, Efa Laela; Rajamanickam, Ramalinggam
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2518

Abstract

The idea that restorative justice primarily derives from indigenous communities' beliefs, which have existed for a very long time and have evolved into customary law from generation to generation, gave rise to the term restorative justice in Indonesia. According to Article 5 paragraph (1) of the Judicial Power Law, it is the duty of the judge to investigate, adhere to, and comprehend the legal values and sense of justice that exist in society. The author of this study will examine how judges in courts use restorative justice in the process of interpreting local customary law to avoid conflicts with it. And discover what challenges judges in court face in accepting this customary law. The author's research strategy is normative juridical and is based on primary, secondary, and tertiary legal resources. According to research, district court judges can significantly contribute to the realization of restorative justice in the context of customary criminal law by having a thorough understanding of customary law, employing a mediation approach, enforcing restorative sanctions, offering education and counseling; and placing a high priority on reconciliation. The current national criminal justice system can be viewed as failing to represent the interests of victims. The social background of the judge's origin, the judge's educational background, the judge's ethnicity, and the environment at the time of the hearing are all barriers to judges accepting customary law in their decisions.
Co-Authors Abdul Madjid Anita Afriana Cao, Wenze Cao, Zhaoxun Chen, Siqi Dahlan, Nur Khalidah Dede Kania Dede Kania, Dede Kania Efa Laela Fakhirah, Efa Laela Efa Laela Fakhriah Endeh Suhartini Hazar Kusmayanti, Hazar Hazar Kusmayanti, Hazar Jan, Naseem Lastuti Abubakar Madiha Dzakiyyah Chairunnisa, Madiha Dzakiyyah Chairunnisa Masykur, Mohammad Hamidi Nazura Abdul Manap Prija Djatmika, Prija Rahman, Wahbi Sherly Ayuna Putri, Sherly Ayuna Sudarsono Sulastri, Dewi Zahir, Mohd Zamre Mohd