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All Journal Brawijaya Law Journal : Journal of Legal Studies Arena Hukum Jurnal Cakrawala Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Konstitusi Jurnal Ius Constituendum Media Iuris International Journal of Business, Law, and Education Batulis Civil Law Review International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Konstitusi East Asian Journal of Multidisciplinary Research (EAJMR) International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Yuridika PATTIMURA Legal Journal Mamangan Social Science Journal Danadyaksa: Post Modern Economy Journal Pandecta : Jurnal Penelitian Ilmu Hukum (Research Law Journal)
Abdul Rachmad Budiono
Fakulas Hukum Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Ratio Legis Phrase "Mandatory" in Government Regulation on Land Deed Making Officer As Protocol Recipient Arianti, Rizki Diaswari Laila; Budiono, Abdul Rachmad; Masykur, Mohammad Hamidi
International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Vol 7 No 2 (2025)
Publisher : The Islamic Education and Multiculturalism Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijierm.v7i2.471

Abstract

The phrase “obligatory” in the government regulation regarding the Land Deed Official as the recipient of the protocol has significant legal implications in determining the nature of his/her obligations. The ratio legis of this phrase is important to assess whether the obligation is absolute or conditional, which affects legal certainty and uniformity of its application. This study uses a normative legal method, namely analyzing legal norms through the interpretation of relevant laws, regulations, and legal doctrines. This study relies on primary legal materials, including laws and government regulations; secondary legal materials, such as legal commentaries and scientific articles; and tertiary legal materials, including legal dictionaries and encyclopedias. Data collection was carried out through a literature study, which ensured a comprehensive examination of legal texts and academic discussions. This study aims to evaluate the extent to which the term “obligatory” imposes binding duties on the Land Deed Official in receiving and managing the protocol. The research findings indicate that the phrase “obligatory” reflects an imperative legal obligation based on the theory of legal positivism, which prioritizes compliance with written legal norms. However, from the perspective of the theory of legal certainty (Rechtszekerheid), the regulation is less clear in defining the procedural mechanism, resulting in inconsistent application among Land Deed Officials. This ambiguity poses challenges in enforcing uniform practices, potentially undermining the effectiveness of the regulation.
Legal Protection for Land Grant Beneficiaries Against Revocation Efforts by Donors in Indonesian Religious Courts Hassan, Salman; Budiono, Abdul Rachmad; Harini, Novitasari Dian Phra
Danadyaksa: Post Modern Economy Journal Vol. 3 No. 1 (2025): Post Modern Economy Journal
Publisher : Yayasan Pendidikan Islam Bustanul Ulum Mojokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69965/danadyaksa.v3i1.152

Abstract

This study aims to examine the legal basis and judicial practice regarding the revocation of land grants (hibah) by the donor and to analyze the legal protection granted to beneficiaries of land grants in the Indonesian legal system. The research employs a normative juridical method supported by a case approach, using primary legal sources such as the Compilation of Islamic Law (KHI), the Compilation of Sharia Economic Law (KHES), and the Civil Code (KUHPerdata). Three religious court decisions were analyzed: Decision No. 1175/Pdt.G/2024/PA.Smn, Decision No. 236/Pdt.G/2017/PA.Pal, and Decision No. 601/Pdt.G/2020/PA.Tnk, all of which addressed grant cancellations due to exceeding the legal limit of one-third of the donor's estate. The findings indicate discrepancies in the legal reasoning among judges. Some judges considered only the grant deed invalid while maintaining the legal status of the grant, whereas others invalidated both the grant and the deed, creating legal uncertainty for the beneficiaries. The research concludes that although a land grant is legally binding and irrevocable under normal circumstances, its legitimacy can be questioned and revoked if it violates inheritance rights or exceeds the permitted limit without the heirs' consent. The study emphasizes the need for legal harmonization and more consistent judicial interpretation to ensure legal certainty and justice for grant recipients.
Provision of Compensation and Damages for Termination of a Fixed-Term Employment Agreement Before the End of the Term with Legal Certainty Mulyono, Dedy Surya; Budiono, Abdul Rachmad; Santoso, Budi
PATTIMURA Legal Journal Vol 4 No 2 (2025): August 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i2.20117

Abstract

Introduction: Fixed-Time Employment Agreement before the end of the period often creates legal uncertainty regarding the provision of compensation and damages. The lack of clarity in regulations encourages the need for legal analysis and reconstruction to ensure certainty, justice, and protection of rights for workers and employers. Purposes of the Research: This research aims to explore and reinterpret the concepts of damages and compensation within the framework of employment law, particularly in the context of early termination of Fixed-Term Employment Agreements. By examining the legal ambiguities that often arise in such cases, the study seeks to develop a reconstructed legal model that ensures clarity and consistency in determining entitlements. This reconstruction is expected to contribute to the realization of equitable treatment and stronger legal safeguards for both employers and employees involved. Methods of the Research: This study uses a legal research method with a statutory approach and a case approach. The legal materials used include primary legal materials (statutory regulations and court decisions), secondary (books, research results and journals) and tertiary (Indonesian dictionary). The legal materials are obtained from studies which will then be analyzed using analysis techniques in the form of systematic interpretation and grammatical interpretation. Results Main Findings of the Research: The results of the analysis show that the meaning of compensation and damages in Fixed-Time Employment Agreement have fundamental differences, where compensation is given due to termination of employment that is not in accordance with the provisions, while compensation is a reward for work that has been completed. Legal certainty related to both terms is important to ensure justice and the implementation of workers' rights consistently.
Model of Supervision of Unregistered Community Organisations in Order to Realise Legal Certainty in Indonesia Dyanata, Nandu; Budiono, Abdul Rachmad; Anshari, Tunggul; Djatmika, Prija
Pandecta Research Law Journal Vol. 19 No. 1 (2024): June, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.vol19i1.4179

Abstract

As social creatures, humans have a tendency to live in society and organise their lives, which is guaranteed by the constitution, which provides guarantees for association and organisation. This freedom has implications where currently there are many community organisations that exist with various objectives, the existence of community organisations themselves in the country has been far more advanced in its work to empower the community. The problem is that CSOs currently have two forms, namely registered and unregistered, so there are problems in supervision. The variety of mass organisations gave birth to various groups, one of which was based on religious ideology, such as Hizbut Tahrir Indonesia (HTI) which was dissolved on 19 July 2017. The Law on Mass Organisations affirms the principles that must be used in the establishment of mass organisations, one of the prohibitions is that mass organisations must not conflict with Pancasila and the 1945 Constitution. However, there is no definite formulation regarding the indicators of being contrary to Pancasila or Anti- Pancasila. Various restrictions are displayed in the form of prohibitions that show the existence of the existence of a mass organisation law. However, the application of the law should have a balance of inherent matters, namely between rights and obligations.
THE PROBLEM OF EXECUTION IN DISTRICT COURT AGAINST OVERLAPPING COURT DESCISION (A Study at the Cianjur District Court) Bagus Mizan Albab; Abdul Rachmad Budiono; Sihabudin
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 1 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i2.2766

Abstract

Execution is a crown for a court especially for the head of district court to execute the court decision. In principle, execution does not need to be submitted through the district court if the losing party or defendant is willing to voluntary perform or fulfill the performance of the court decision (article 195 paragraph 1 HIR of article 206 paragraph 1 RBG). The petition of execution may only be filled against a court decision that meets the requirement for execution. In the practice law field, the problem with the implementation of execution of overlapping court decision with the similar or same object, same party, but have different court decisions. The research method used is normative juridical and the data used includes relevant legal regulation, court decisions and relevant legal literature. Therefore, towards this issue, this journal will discuss and convey solutions related to the issue of execution and its resolution strategy, with the aim that the court decision will be able to be executed (executable judgment).
EX OFFICIO JUDGE'S AUTHORITY TOWARDS FULFILLMENT OF WOMEN'S AND CHILDREN'S RIGHTS AFTER DIVORCE AS REVIEWED FROM THE PRINCIPLE OF ULTRA PETITA Helpan Setiabudi; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3864

Abstract

This study aims to analyze the ex officio authority of judges and the ultra petita principle in divorce cases in Religious Courts, as well as their implications for the protection of women's and children's rights. The background of this study is based on the fact that divorce cases in Indonesia continue to increase annually, but only a small proportion of decisions contain the determination of women's and children's rights after divorce without a request from the litigants. This study uses a normative legal research method with a statutory, case, and conceptual approach. Data sources consist of primary, secondary, and tertiary legal materials, analyzed using description, interpretation, evaluation, and systematization techniques. The results show that ex officio authority is an important instrument held by judges to protect the rights of vulnerable parties in divorce cases, such as determining iddah (waiting period), mut'ah (waiting for temporary dowry), child custody, and child living expenses. However, its application often clashes with the ultra petita principle, which limits judges from deciding cases beyond what the parties request. The tension between these two principles leads to inconsistent decisions, which impacts on the suboptimal protection of women's and children's rights. This study concludes that there is a need to harmonize ex officio authority and the ultra petita principle through clear technical guidelines and training for judges, so that substantive justice and legal certainty can be achieved in a balanced manner. Recommendations include strengthening judges' understanding of the protection of vulnerable groups, utilizing socio-economic data in decisions, and consistent application of ex officio authority across all Religious Courts.
LEGISLATIVE RATIO OF SEMA NUMBER 3 OF 2023 IN GUARANTEEING SUBSTANTIVE JUSTICE IN DIVORCE CASES Nadia Romadhon; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.3949

Abstract

The high divorce rate in Indonesia, particularly within the religious courts, has drawn serious scrutiny in the practice of family law enforcement. The most dominant grounds for divorce, namely persistent disputes and arguments, are often presented with weak and subjective evidence, potentially creating legal uncertainty and injustice for certain parties, particularly women. To address this issue, the Supreme Court issued Supreme Court Circular Letter (SEMA) Number 3 of 2023, which tightens the requirements for granting a divorce petition on the grounds of persistent disputes, through a new formulation requiring two cumulative elements: first, proven inability to live in harmony between husband and wife, and second, a minimum of six months of separation of residence, unless domestic violence (DV) is proven. This study aims to examine the Ratio legis of the issuance of SEMA 3 of 2023 and its implications for the fulfillment of substantive justice in divorce cases in the Religious Courts. Using a normative juridical approach with qualitative analysis methods, this study examines related laws and regulations, legal literature, and theories of justice and legal certainty. The research findings indicate that SEMA 3 of 2023 plays a significant role in normatively unifying evidentiary standards and emphasizing judges' prudence in deciding divorce cases. However, in practice, these provisions can also create barriers to access to justice for economically, socially, and psychologically vulnerable parties, particularly in proving separation and domestic violence. Therefore, the fulfillment of substantive justice through the implementation of SEMA is highly dependent on judges' sensitivity in understanding the factual realities of households and their ability to interpret norms progressively, flexibly, and contextually.
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)
Publisher : CV. 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.
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)
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.
JUSTICE OR EQUALITY? EXAMINING ARTICLE 97 OF THE KHI IN THE CONTEXT OF POST-DIVORCE PROPERTY DIVISION Maya Anggraeni Rahmah Permana; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4564

Abstract

This study aims to critically analyze the provisions of Article 97 of the Compilation of Islamic Law (KHI) in the context of the division of joint assets after divorce, emphasizing the need for legal reform that prioritizes the principle of substantive justice. The main issues examined include the extent to which these provisions reflect the principle of substantive justice and how Article 97 of the KHI is implemented in religious court practice. The research method used is normative juridical with a statutory, conceptual, and case-based approach. The results show that Article 97 of the KHI is still oriented towards rigid arithmetic equality and does not consider the actual contributions, both material and immaterial, of each party. In judicial practice, a number of judges have implemented progressive interpretations of this norm, which opens up space for the reformulation of Islamic family law in Indonesia. Therefore, this study recommends normative reform of Article 97 of the KHI to include provisions that explicitly accommodate proportional division of assets, as well as implementing steps in the form of training on a substantive justice perspective for judges.
Co-Authors Adi Widjaja Angga Dwi Prasetyo Arianti, Rizki Diaswari Laila Bagus Mizan Albab Bambang Winarno Budi Santoso Djumikasih Dwi Budi Santoso Dyanata, Nandu Endang Sri Kawuryan Erma Defiana Putriyanti Hanif Nur Widhiyanti Harini, Novitasari Dian Phra Hartina Ruth Manora Hassan, Salman Helpan Setiabudi Imam Koeswahyono Luth, Thohir Masykur, Mohammad Hamidi Maya Anggraeni Rahmah Permana Maya Sari Mazarini Maulidia Aizza Udin Mohammad Hamidi Masykur Mulyono, Dedy Surya Nadia Romadhon Natalia Maria Liju Prija Djatmika, Prija Putra, I Gusti Ngurah Bayu Pratama Putri, Cyndiarnis Cahyaning Reka Dewantara Rizqi Aulia Muslim Santoso, Budi Sekarasih, Setijati Setijati Sekarasih Shinta Hadiyantina Sihabudin Sihabudin Suhilman, Akhril Frambuniman Sukarmi Sukarmi, Sukarmi Sukarmi, Sukarmi Susilo, Hariyanto Try Wahyu Widanarti Tunggul Ansari Setia Negara Yenny Eta Widyanti