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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 INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Istinbath: Jurnal Hukum dan Ekonomi Islam Media Iuris JURNAL USM LAW REVIEW 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 POLITICA: Jurnal Hukum Tata Negara dan Politik Islam 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 Journal of International Islamic Law, Human Right and Public Policy RechtJiva
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.
LEGAL IMPLICATIONS OF THE ADMISSION OF EXCEPTIO NON ADIMPLETI CONTRACTUS ON A COUNTERCLAIM IN A BREACH OF CONTRACT CASE Sinar Tamba Tua Pandiangan; Rachmi Sulistyarini; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 3 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i3.2878

Abstract

In Indonesian judicial practice, there is a divergence of opinions among judges regarding the legal consequences/implications of the acceptance of Exceptio non adimpleti contractus on counterclaim. This has prompted the author to research the legal implications of the acceptance of Exceptio non adimpleti contractus on the counterclaim in breach of contract cases. This research utilizes a normative legal research method. If Exceptio non adimpleti contractus is granted, the counter claim may still be considered by the panel of judges to fulfill the principles of simple, swift, and low-cost justice. This approach is considered more efficient and avoids delays also additional costs that would arise if the defendant were required to file a new lawsuit. Moreover, within the framework of progressive legal theory, adjudicating a case while considering the counterclaim, even after Exceptio non adimpleti contractus is granted, can provide real benefits to society by ensuring prompter and more affordable access to justice.
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)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.4413

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.
LEGAL CERTAINTY OF MARRIAGE BETWEEN CHRISTIANS AND CATHOLICS IN THE DECISION OF THE NORTH JAKARTA DISTRICT COURT NUMBER 423/PDT.P/2023/PN JKT.UTR Samuel Fajar Hotmangara Tua Siahaan; Rachmi Sulistyarini; Djumikasih
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.v5i5.4422

Abstract

Interfaith marriages can be registered by the state as long as there is a court decree declaring the validity of the marriage and registerable, as regulated in the act of marriage and act of population administration. This also applies to interchurch marriages between Catholics and Christians in Indonesia. Regarding this matter, The North Jakarta District Court issued Decree Number 423/Pdt.P/2023/PN Jkt.Utr, which granted the petitioners' request for registration of their interchurch marriages. However, in its legal reasoning, the Judge stated that the petitioners' interchurch marriage was not considered an interfaith marriage. Furthermore, the Judge did not obtain evidence of the Christian Church's approval of their interchurch marriage. Through this study of this decree, the author conducted legal research using a statutory, a conceptual, and a systematic approach, thus concluding that the decree order does not fulfill the principle of legal certainty.
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)
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)
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.
Legal Considerations of the Notary Supervisory Board Regarding the Concept of Carefulness and Legal Consequences For Deeds Made Based on False Information Ahmad Wildani Taufiqi; Rachmi Sulistyarini; Fathul Laila
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.26548

Abstract

This research examines the legal responsibility of notaries for authentic deeds made based on false statements from the perspective of the Regional Supervisory Council of Southeast Sulawesi. The main issues explored are how the MPW interprets the phrase "careful and thorough" in Article 16 paragraph (1) letter (a) of the Notary Act and how such interpretation affects the validity of deeds and the notary's legal liability. The study employs a normative juridical method using statutory, conceptual, and analytical approaches that link positive legal norms with MPW Decision No. 6/PTS/MPWN_Prov.Sultra/I/2025 jo 04/PTS/MPWN_Prov.Sultra/VI/2025. Findings indicate that the MPW considers the notary's failure to verify documents and parties' identities as culpa lata (gross negligence), rendering the deed invalid as an authentic instrument. The results demonstrate that the prudential principle in notarial practice functions not merely as an administrative norm but as an ethical-professional standard that ensures the integrity of authentic deeds. The study highlights the urgency of establishing a Code of Prudence as a standardized ethical assessment tool to strengthen supervision, prevent inter-council disparities, and balance public protection with professional security.
RECONSTRUCTING THE CONCEPT OF SUMMARY PROOF WITHIN THE LEGAL FRAMEWORK OF SMALL CLAIMS PROCEDURES Kresna Ramadhan Wijaya; Rachmi Sulistyarini; M. Natsir Asnawi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21853201

Abstract

This research analyzes the legal reasoning (ratio legis) behind the qualification of "simple" in the current Small Claims Court regulation and formulates a reconstruction of that meaning. Currently, Supreme Court Regulation (PERMA) No. 4 of 2019 defines "simple" based on quantitative-administrative limits, such as a maximum claim value of IDR 500 million and domicile constraints. This normative legal research uses statute, conceptual, and philosophical approaches. The results indicate that the current paradigm is pragmatic-economic, aimed at judicial efficiency and Ease of Doing Business (EoDB) rankings, but often neglects substantive justice. This study proposes a reconstruction by shifting the paradigm from Quantitative Simplicity to Evidentiary Simplicity. Under this new framework, a case is categorized as "simple" based on its evidentiary characteristics (clear-cut case/liquid debt) rather than its nominal value, ensuring broader access to justice for cases with high economic value but low evidentiary complexity.
Problematika Kepastian Hukum Itsbat Nikah Atas Perkawinan di Bawah Batas Usia Bustomi, Muhammad Nizar; Sulistyarini, Rachmi; Hidayat, Fitri
RechtJiva Vol. 3 No. 2 (Juli 2026)
Publisher : RechtJiva

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/rechtjiva.v3n2.8

Abstract

This study is motivated by the ambiguity surrounding the phrase “impediment to marriage” in Article 7(3)(e) of the Compilation of Islamic Law (KHI). This phenomenon arises due to several Religious Court Decisions that granted requests for itsbat nikah (marriage validation) for couples under the minimum age without going through the marriage dispensation mechanism as mandated by Law No. 1 of 1974. The objective of this study is to analyze the criteria of the phrase “marriage impediment” in the aforementioned article and to examine whether the judges’ rulings granting such requests have met the principle of legal certainty. The research method employed is normative legal analysis using a statutory approach and a case approach. Legal analysis was conducted using grammatical, systematic, and extensive interpretation techniques. The results of the study indicate that the criteria for the phrase “marriage impediment” in Article 7(3)(e) of the KHI encompass four criteria that must be applied cumulatively, namely: Absolute Impediments, Religious or Belief-Based Impediments, Binding Impediments, and Conditional Impediments. The Religious Court’s decision granting itsbat nikah for a marriage below the age limit was found to lack legal certainty due to the presence of a “conditional impediment” in the form of a violation of the minimum age limit. Furthermore, this practice contradicts the guidelines of SEMA No. 7 of 2012, which stipulate that there must be no violation of the law in the marriage to be validated.
The Constitutional Rights of Children Born Wedlock As Legal Subjects Standy Wico; Rachmi Sulistyarini; Satria Amiputra Amimakmur
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 21 No. 4 (2026): March
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 ABDUL RACHMAD BUDIONO Adityadarma Bagus Priasmoro Suryono Putro Afifah Kusumadara Ahmad Wildani Taufiqi Akib, Muhammad Kibar Amelia Sri Kusuma Dewi, Amelia Anas Rafi Prakasya Aris Tri Wibowo Aura Shava Dhinda Salsabila Ayu Putu Kusuma Wardhani Budi Santoso Budianto, Willy Budiono, Abdul Rachmat Bustomi, Muhammad Nizar Candrika Arivia Apriliani Chikita Murti Wiliyandari Cindy Olivia Susanto Cyrilus Bomas Bolok Werang Dhia Al Uyun Dhiana Puspitawati Dian Dombat Pejoreza Dian Dombat Pejoreza Djumikasih Djumikasih Dody Syahrul Irawan Dwi Budi Santoso Dyah Ayu Wisnuwardhani FADLI, MOH Fathanah, Rahdinal Fathul Laila Fuad, Helmy Ziaul Gama Dwipa Dinar Nur Rensa Ganindha, Ranitya Halim, Bima Ridho Hamidah, Siti Hamidi Masykur Hanif Nur Widhiyanti 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 - Kresna Ramadhan Wijaya Luth, Tohir M. Natsir Asnawi M. Sudirman Mardian Wibowo Miftahus Sholehudin MOH FADLI Mohammad Fadli Mohammad Hamidi Masykur Muhammad Rizki Nurdin Sidauruk Muhammad Zuhri Muhtadhy, Jailani Muktiono Muktiono Naufal Anfasa Firdaus Nugraha, Sigit Nurhadi Nur Chanifah Nur Chanifah Nurwijayanti Patricia Audrey Ruslijanto Pearl Princila Br. Manurung Prasada, Dewa Krisna Putri, Dinae Qurbani , Indah Dwi R. Imam Rahmat Sjafi'i 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 Sevira Eka Nur Salsabila Sinar Tamba Tua Pandiangan Siti Hamidah Siti Rohmah Standy Wico Sugiri, Bambang Sulistyorini, Hastuti Tahir Luth Tahir Luth Tambunan, Rico J.R. Thohir Luth Tiara Aninditha Ummu Salamah Ummu SALAMAH Ummu Salamah Utami Widiati Yenny Eta Widyanti Zamiatun, Arda Zham-Zham, Lelly Muridi