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All Journal DE JURE Pandecta Jurnal Dinamika Hukum Arena Hukum Jurnal Cakrawala Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Istinbath: Jurnal Hukum dan Ekonomi Islam Media Iuris Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences International Journal of Environmental, Sustainability, and Social Science International Journal of Business, Law, and Education YURISDIKSI : Jurnal Wacana Hukum dan Sains Ascarya: Journal of Islamic Science, Culture and Social Studies UNES Journal of Swara Justisia International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Multidisiplin Madani (MUDIMA) International Journal of Humanities Education and Social Sciences Hakam : Jurnal Kajian Hukum Islam dan Hukum Ekonomi Islam International Journal of Islamic Education, Research and Multiculturalism (IJIERM) Indonesia Law Reform Journal (ILREJ) Human Rights in The Global South (HRGS) Asian Journal of Law and Humanity Warkat
Rachmi Sulistyarini
Fakultas Hukum Universitas Brawijaya
Religion Aerospace Engineering Arts Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Health Professions Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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Parameter of Compulsory Wills in The Right of Inheritance for Stepchildren: Parameter Wasiat Wajibah dalam Hak Waris Bagi Anak Tiri Saleh, Farah Labita Putri Insyira Maharani; Sulistyarini, Rachmi; Hidayat, Fitri
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.1

Abstract

This Research examines the parameters that determine whether a stepchild is entitled to an obligatory will (wasiat wajibah) and includes a legal issue—that is, a legal vacuum in the regulation of wasiat wajibah for stepchildren. This legal vacuum is evident from the absence of explicit norms in Presidential Instruction No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (KHI), which opens up the possibility of differing interpretations at the level of the religious courts. Accordingly, the researchers then sought an accurate formulation for determining those parameters using normative juridical research with an approach based on legislation, conceptual analysis, and case studies to observe the evolving materials of parameters in each case where judges apply the parameter in their decisions, grounded in the principles of justice, benevolence (maslahah), legal certainty, legality, and textual-legal foundations.To realize legal certainty while remaining aligned with the principles of legal progressiveness, judges often apply qiyās to the provisions on adopted children by considering the principles of justice, public benefit (maslahah), as well as emotional and caregiving relationships. This dynamic illustrates the efforts of the religious judiciary to maintain legal certainty in harmony with substantive justice. Based on these findings, this study recommends that the Supreme Court, the Ministry of Religious Affairs, and national regulatory bodies promptly establish explicit formal regulations concerning compulsory wills (wasiat wajibah) for stepchildren, either through a revision of the Compilation of Islamic Law (KHI) or through a Supreme Court Circular (SEMA) as a uniform juridical guideline. Such regulations should include objective criteria—such as the duration of caregiving and the degree of emotional closeness—so that judges no longer rely solely on individual interpretation. Accordingly, legal protection for stepchildren can be realized through norms that are clear, definite, and reflective of both justice and public welfare.
ANALYSIS OF IMPORTANT, CAREFUL, CERTAIN AND MUTUALLY AGREEABLE CRITERIA IN THE REGULATION OF ARTICLE 173 OF THE HERZIEN INLANDSCH REGLEMENT REGARDING EVIDENCE OF JUDGES' SUSPECTS Naufal Anfasa Firdaus; Yenny Eta Widyanti; Rachmi Sulistyarini
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025): September
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4413

Abstract

The sentence in Article 173 HIR which states "important, thorough, certain and mutually agreeable" is a regulation that is still abstract and can be interpreted in many ways, where this is like what category of important or very important circumstances are, then what is thorough or precise, how to assess certain conditions, and whether they correspond to each other whether they should be applied to 2 (two) types of evidence or what. The purpose of this study is to analyze the criteria contained in the sentence important, thorough, certain and mutually agreeable in the regulation of Article 173 HIR. The research method used is legal research with a statutory regulatory approach, a conceptual approach, and a case approach. Based on the research that has been carried out, it is known that normatively the criteria "important, thorough, certain and mutually agreeable" in Article 173 HIR are not explained completely, then after a theoretical analysis through the doctrines of legal experts and linguistically, namely Indonesian and legal language, the meaning contained therein is obtained. The "important" criterion contains relevant and logical boundaries directly related to the subject matter of the case, the "thorough" criterion contains methodological boundaries for the application of caution, the "certain" criterion contains specific boundaries and the strength of the evidence is not questioned, and the "mutually agreed" criterion contains for consistency and mutually corroborating evidence.
CRITICAL ANALYSIS OF RELIGIOUS REASON AND POSITIVE LAW IN MARRIAGE DISPENSATION DECISION Ridwan Fariz Maulana; Rachmi Sulistyarini; Siti Rohmah
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.v5i6.4616

Abstract

This study aims to uncover how religious interpretation and legal practice influence each other and to what extent this influence hinders or encourages the protection of children's and women's rights. This study utilizes library research focused on integrative literature analysis by combining various theories. The results suggest that the normalization of marriage dispensation reveals a fundamental paradox between religious reasoning and positive law that fails to meet within the humanitarian horizon, where religion is trapped in a morality that justifies patriarchy and the law loses its critical power due to submission to social pressures and conservative interpretations. In this situation, judges, as dual interpreters, often mediate between faith and the constitution pragmatically, so that legal decisions turn into pseudo-moral legitimations that actually negate the principle of child protection. This phenomenon not only marks normative tensions but also demonstrates an epistemological crisis in which religion and law have both lost their prophetic function as liberating forces, and therefore demands a reconstruction of reason that places substantive justice and human dignity above texts, traditions, and the fear of sin.
EFFECTIVENESS OF THE EARLY CASE DETECTION SYSTEM (SDDP) IN PREVENTING DISPARITY IN DECISIONS AND SUPPORTING THE PRINCIPLE OF JUDICIAL TRILOGY IN THE BALIGE DISTRICT COURT Pearl Princila Br. Manurung; Rachmi Sulistyarini; 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.v5i6.4669

Abstract

This study analyzes the effectiveness of the Early Case Detection System (SDDP) integrated into the Case Tracking Information System (SIPP) as an instrument to prevent disparity in decisions in civil cases in the general court environment. The focus of the study is directed at the implementation of SDDP at the Balige District Court as a representation of the implementation of electronic court technology ( e-court ) in the case handling process. This study uses a juridical-empirical method with a sociological approach to examine the relationship between the electronic court system and the objectives of the court in the Trilogy of Justice: simple, fast, and low cost. The research results indicate that the SDDP has not been effective. This is due to the absence of regulations mandating its use, low technical understanding among judicial officials, and the suboptimal quality of data in the SIPP, which hinders the ability to detect cases with similar subjects, objects, and legal relationships. This study concludes that the SDDP has significant potential to increase legal certainty and prevent conflicting decisions, but regulatory improvements, technical competency, and system updates are needed to achieve maximum effectiveness.
The Constitutional Rights of Children Born Wedlock As Legal Subjects Wico, Standy; Rachmi Sulistyarini; Satria Amiputra Amimakmur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March In Progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v21i4.323

Abstract

This study examines legal subjects, focusing on illegitimate children as legal subjects in the Indonesian legal system. Legal subjects include individuals or legal entities with legally recognized rights and obligations. In this context, children, as human beings, are legal subjects with basic rights guaranteed by the 1945 Constitution and related laws and regulations, including the Child Protection Law and the Marriage Law. Illegitimate children, born from unregistered marriages, often face challenges in legal recognition and the fulfillment of their rights. However, Indonesian law emphasizes that parents' marital status should not be a basis for discrimination against children, so that illegitimate children still have the right to legal recognition, identity, protection, and access to social, economic, and educational rights. This study emphasizes the importance of the principles of justice and legal certainty in providing protection for all legal subjects, including illegitimate children, to ensure their rights are fulfilled fairly and equitably. Thus, legal recognition of illegitimate children not only reflects compliance with national and international legal provisions but also supports the creation of social justice and child welfare. This research is expected to form the basis for a deeper understanding of the role of law in protecting children's rights as legal subjects without discrimination, as well as providing recommendations for more inclusive legal practices and policies.
Co-Authors Abdul Madjid ABDUL RACHMAD BUDIONO Adityadarma Bagus Priasmoro Suryono Putro Afifah Kusumadara Akib, Muhammad Kibar Aris Tri Wibowo Ayu Putu Kusuma Wardhani Budi Santoso Budianto, Willy Budiono, Abdul Rachmat Cindy Olivia Susanto Cyrilus Bomas Bolok Werang Dhia Al Uyun Dhiana Puspitawati Dian Dombat Pejoreza Dian Dombat Pejoreza Djumikasih Dwi Budi Santoso Dyah Ayu Wisnuwardhani FADLI, MOH Fathanah, Rahdinal Fuad, Helmy Ziaul Ganindha, Ranitya Halim, Bima Ridho Hamidah, Siti Hamidi Masykur Hanif Nur Widhiyanti Hashifah, Adinda Salwa Hasnadewi, Nada Hayati, Asna Nurul Hidayat, Fitri I Nyoman Nurjaya I. Nyoman Nurjaya Imam Koeswahyono Ira Nur Istiqomah Istiqomah, Ira Nur Iwan Permadi Januar, Inri Kodir, Abdul - Luth, Tohir Miftahus Sholehudin MOH FADLI Mohammad Fadli Mohammad Hamidi Masykur Muhtadhy, Jailani Muktiono Muktiono Naufal Anfasa Firdaus Nugraha, Sigit Nurhadi Nur Chanifah Nurwijayanti Pearl Princila Br. Manurung Prasada, Dewa Krisna Putri, Dinae Qurbani , Indah Dwi Ramdhan, Syaffi' Rangga Raditya Ridwan Fariz Maulana Riskawati, Shanti Rosyida Tri Yunita Safa'at, Rachmat Safa’at, Rachmad Saleh, Farah Labita Putri Insyira Maharani Salsabila, Shindy Nabila Samuel Fajar Hotmangara Tua Siahaan Santoso, Budi Satria Amiputra Amimakmur Semadi, I Komang Yoga Sinar Tamba Tua Pandiangan Siti Hamidah Siti Rohmah Sugiri, Bambang Sulistyorini, Hastuti Tahir Luth Tahir Luth Tambunan, Rico J.R. Thohir Luth Ummu Salamah Ummu SALAMAH Ummu Salamah Utami Widiati Wico, Standy Winnugroho Wiratman, Manfaluthy Hakim, Tiara Aninditha, Aru W. Sudoyo, Joedo Prihartono Yenny Eta Widyanti Zamiatun, Arda Zham-Zham, Lelly Muridi