Articles
Legal Certainty In The Application of Sanctions for Contempt of Court in Criminal Evidence in Indonesia
Fadillah, Yohana Alfine;
Mustikasari, Dyah Ayu;
Rato, Dominikus;
Ohoiwutun, Y. A. Triana
Ranah Research : Journal of Multidisciplinary Research and Development Vol. 8 No. 1 (2025): Ranah Research : Journal Of Multidisciplinary Research and Development
Publisher : Dinasti Research
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DOI: 10.38035/rrj.v8i1.1852
The legal issues related to insults by state officials against judicial institutions highlight two important aspects. First, the application of sanctions for this action raises questions about legal certainty, because it can damage the integrity of the judicial institution and reduce public trust. Second, there are challenges in proving elements of insult that are often subjective, especially when state officials use the right to freedom of speech as a defense. The complex process of proof requires strong evidence, and a balance between protecting the honor of the judiciary. This study discusses the application of criminal evidence related to insults by state officials against judicial institutions in the context of legal certainty. Based on Article 240 of the Criminal Code which regulates insults against state institutions, including the judiciary, this study highlights the uncertainty in the application of sanctions due to the ambiguous definition of insult and the complaint procedure that depends on the party who feels aggrieved. Gustav Radbruch's legal approach to legal certainty is raised to explain the importance of consistency and clarity of law in these cases. Inconsistent law enforcement can lead to injustice, especially when state officials are protected from criticism under the pretext of insult, which ultimately undermines public trust in the judicial system.
Problems of Formal Review of the TNI Law: Analysis of the Principles of Public Participation and Transparency in the Formation of Legislation
Ifani, Titania Nur;
Zaini, Maghfirotuz;
Ohoiwutun, Y. A. Triana;
Rato, Dominikus
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan
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DOI: 10.24952/el-thawalib.v6i5.17390
Lawmaking is one of the fundamental instruments in realizing legal certainty and justice in national and state life. In practice, the legislative process in Indonesia still often sparks debate, both regarding substance and procedure. One of the prominent issues is the formation of the Indonesian National Army Law (UU TNI), which is being questioned due to alleged formal defects in its formulation stage. In this study, the type of research used is normative legal research or library research. The approaches used in this study are the statute approach, the conceptual approach, and the case approach. The main issue underlying the formal review of the TNI Law is the alleged failure to meet the principles of public participation and transparency in the legislative process, which has implications not only for the technical aspects of the law but also touches upon the dimensions of legitimacy and the quality of procedural democracy in Indonesia. Formal testing of the TNI Law within the framework of constitutional oversight of the legislative process certainly faced much debate. Out of the 10 cases submitted, all were rejected because the Constitutional Court found that the TNI Bill did not violate the law regarding its non-inclusion in the national legislation program, that the TNI Bill was a carryover, that the TNI Bill was in accordance with TNI reform, that the discussion of the TNI Law was transparent and accountable, that there was no limitation on document access or information access, and that the other 5 cases were still in the trial process.
Problems of Formal Review of the TNI Law: Analysis of the Principles of Public Participation and Transparency in the Formation of Legislation
Ifani, Titania Nur;
Zaini, Maghfirotuz;
Ohoiwutun, Y. A. Triana;
Rato, Dominikus
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan
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DOI: 10.24952/el-thawalib.v6i5.17390
Lawmaking is one of the fundamental instruments in realizing legal certainty and justice in national and state life. In practice, the legislative process in Indonesia still often sparks debate, both regarding substance and procedure. One of the prominent issues is the formation of the Indonesian National Army Law (UU TNI), which is being questioned due to alleged formal defects in its formulation stage. In this study, the type of research used is normative legal research or library research. The approaches used in this study are the statute approach, the conceptual approach, and the case approach. The main issue underlying the formal review of the TNI Law is the alleged failure to meet the principles of public participation and transparency in the legislative process, which has implications not only for the technical aspects of the law but also touches upon the dimensions of legitimacy and the quality of procedural democracy in Indonesia. Formal testing of the TNI Law within the framework of constitutional oversight of the legislative process certainly faced much debate. Out of the 10 cases submitted, all were rejected because the Constitutional Court found that the TNI Bill did not violate the law regarding its non-inclusion in the national legislation program, that the TNI Bill was a carryover, that the TNI Bill was in accordance with TNI reform, that the discussion of the TNI Law was transparent and accountable, that there was no limitation on document access or information access, and that the other 5 cases were still in the trial process.
Perkawinan Anak Dan Hak Anak: Analisis Pencegahan Dari Perspektif Positivisme
Qoyyima, Azrotul;
Pradayani, Santi;
Utami Wahyuningati, Syarifah Tri;
Rato, Dominikus
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember
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DOI: 10.56013/welfarestate.v4i2.4150
The prevalence of child marriage in Bondowoso Regency persists despite the existence of legal restrictions on the minimum age for marriage. This practice not only violates children's rights but also leads to various negative consequences.The formulation of issues in this research are: (1) What are the contributing factors to the high incidence of child marriage in Bondowoso Regency? (2) How does the positivist paradigm perceive the prevention of child marriage in Bondowoso Regency? This study employs a socio-legal method, combining legislative and conceptual approach. Primary data were obtained through interviews, while secondary data were collected from various literature reviews. The findings indicate that both internal and external factors contribute to the high rate of child marriage in the Bondowoso regency. From the positivist perspective, the Bondowoso Regency Government has undertaken preventive measures through legal and non-legal aspects. The study concludes that these efforts have shown positive outcomes; ; however, the involvement of all parties through collaborative governance is needed to implement comprehensive and sustainable child marriage prevention as a manifestation of the commitment to uphold children's rights.
New Paradigm in The Treatment of Cyberbullying Crimes Through an Integrated Cyberbullying Prevention: A Non-penal Policy in Indonesia
Sufi Amalia, Cici Riski;
Anggraini, Arista Ulfa;
Rato, Dominikus;
Setyawan, Fendi
JURNAL LEGALITAS Vol 17, No 1 (2024)
Publisher : Universitas Negeri Gorontalo
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DOI: 10.33756/jelta.v17i1.24900
Technological advancements have led to the emergence of new digital crimes, one of the most pressing being cyberbullying, which has become a significant issue requiring urgent attention. The impact of cyberbullying extends beyond physical and psychological harm to victims, necessitating a response that goes beyond mere prosecution or repressive measures. In Indonesia, existing legal provisions addressing cyberbullying are inadequate, leaving room for improvement in both legal frameworks and preventive strategies. This study aims to identify the gaps in Indonesian legislation concerning cyberbullying and propose integrated strategies for its prevention. Using a juridical-normative research approach, the study reveals that while cyberbullying is addressed in several existing laws and regulations, there is a lack of specific, explicit provisions that comprehensively define the crime's elements. As a result, the legal framework remains insufficient to effectively combat cyberbullying. To address this, the research advocates for an integrated approach to cyberbullying prevention that combines technological solutions with educational initiatives. This includes enhancing parental control features on smartphones and computer applications to block harmful content and promoting community awareness through education, counselling, and public campaigns. Additionally, the establishment of a dedicated cybercrime division by the Indonesian National Police is recommended to improve the enforcement and prosecution of cyberbullying offences.
A Hybrid Model for Resolving Customary Land Disputes in Papua’s Indigenous Communities
Lobubun, Muslim;
Rato, Dominikus;
Anggono, Bayu Dwi;
Wutwensa, Bruri Marwano
Jurnal Ilmu Hukum Kyadiren Vol 6 No 2 (2025): Jurnal Ilmu Hukum Kyadiren
Publisher : PPPM, Sekolah Tinggi Ilmu Hukum (STIH) Biak-Papua
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DOI: 10.46924/jihk.v6i2.231
This study examines customary land disputes among indigenous communities in Papua, focusing on the alignment of existing legal mechanisms with the justice values held by these communities. Employing a normative legal approach and socio-legal analysis, this research explores the philosophical, cultural, and legal dimensions of the land, emphasizing its communal and spiritual significance. Findings reveal that Indonesia’s formal legal framework, grounded in individual ownership and state-centric policies, often overlooks indigenous rights, causing unresolved conflicts and cultural disenfranchisement. The research proposes a hybrid dispute resolution model integrating customary practices with state recognition, including specialized customary land tribunals and mandatory consultation processes. This model seeks to bridge the gap between formal and customary laws, promoting equitable dispute resolution and safeguarding the cultural heritage of Papua’s indigenous communities. Recommendations aim to enhance legal recognition and foster sustainable land management in Papua.
Pemilihan Kepala Desa Antar Wakt Pemilihan Kepala Desa Antar Waktu (PAW) Pasca Pembatalan SK Bupati oleh Putusan Pengadilan Tata Usaha Negara
Khusnul Khotimah;
Jendro Hadi Wibowo;
Dominikus Rato;
Fendi Setyawan
Jurnal Ilmu Hukum, Humaniora dan Politik Vol. 4 No. 4 (2024): (JIHHP) Jurnal Ilmu Hukum, Humaniora dan Politik (Mei - Juni 2024)
Publisher : Dinasti Review Publisher
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DOI: 10.38035/jihhp.v4i4.1938
Pemilihan kepala desa tidak jarang menimbulkan perselisihan, hingga berujung pada pembatalan SK Bupati oleh putusan PTUN. Sebagaimana kasus dalam perkara nomor 50/G/2020/PTUN.Sby juncto. Perkara Nomor 228/B/2020/PT.TUN.SBY juncto. Perkara Nomor 106 PK/TUN/2021, dimana dalam perkara tersebut gugatan Penggugat dikabulkan kemudian SK Bupati terkait dibatalkan oleh PTUN. Selanjutnya Bupati terkait menerbitkan SK baru tentang pengangkatan PJ kepala desa kemudian dilakukan PAW. Pengaturan mengenai PAW pasca pembatalan SK Bupati oleh putusan PTUN sama sekali belum diatur dalam perundang-undangan desa, sehingga Peneliti merumuskan isu atau masalah, pertama : Apakah PAW yang dilakukan oleh Desa pasca pembatalan oleh putusan PTUN, sah dan telah sesuai dengan peraturan yang berlaku ? dan kedua, bagaimana seharusnya pengaturan ke depan mengenai langkah yang dilakukan jika kepala desa diberhentikan atas dasar putusan PTUN ?. Penelitian ini adalah penelitian normatif dengan pendekatan perundang-undangan, pendekatan konsep dan pendekatan kasus. Adapun hasil dari penelitian ini bahwa : Pertama, Pengaturan mengenai PAW pasca pembatalan SK Bupati oleh putusan PTUN tidak satupun disebutkan dalam perundang-undangan desa. Sehingga tindakan BPD dalam melaksanakan PAW pasca pembatalan SK Bupati oleh putusan PTUN, tidak benar dan tidak sesuai dengan perundang-undangan. Kedua, pemerintah sudah seharusnya merivisi dan merumuskan pengaturan PAW pasca pembatalan SK Bupati oleh putusan dalam perundang-undangan desa baik dari Undang-Undang hingga pada peraturan paling rendah mengenai pelaksanaan pilkades yakni Peraturan Bupati.
Keabsahan Perkawinan Beda Agama Pasca Surat Edaran Mahkamah Agung Nomor 2 Tahun 2023: Studi Kasus Penetapan Nomor 423/Pdt.P/2023/PN.Jkt.Utr
Assegaf, Muhammad;
Rato, Dominikus;
Ali, Moh.
Acten Journal Law Review Vol. 1 No. 2: Oct 2024
Publisher : PT Matra Cendikia Abadi
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DOI: 10.71087/ajlr.v1i2.6
Marriage is a sacred and noble procession to build a household that is considered legitimate from a religious and state perspective. Positive law prohibits interfaith marriages as stated in SEMA No. 2 of 2023 concerning Judges' Instructions in Adjudicating Cases of Applications for Registration of Marriages Between People of Different Religions and Beliefs. However, the judge in Stipulation Number 423/PDT.P/2023/PN.Jkt.Utr granted the request for registration of interfaith marriage applications. The legal research used in this article is normative juridical, based on an internal perspective that is able to provide legal arguments when conflicts, ambiguities, or legal gaps are found. The results of the study show that the judge's considerations in Stipulation Number 423/PDT.P/2023/PN.Jkt.Utr are inappropriate in using the legal basis. The judge is of the view that Catholicism and Protestant Christianity are still within the same scope of faith so that they are in harmony. However, the judge did not refer to SEMA Number 2 of 2023 as a legal basis for deciding the case, did not consider the norm of Article 2 paragraph 1 of the Marriage Law, did not consider the rejection from the Dukcapil Office, did not consider evidence in the form of the Applicants' Identity Cards, and finally the Judge did not consider the prohibitions of each of the Applicants' religions. The Judge should have made a decision based on the correct legal basis as a consideration so that in the future there would be no more inappropriate decisions. Keywords : Marriage; Different Religion; Judge Consideration
The Existence of Marriage Agreement Registration In Legal Protection Perspective
Latifani, Soraya Ulfa;
Ali, Moh.;
Rato, Dominikus
Acten Journal Law Review Vol. 1 No. 3: Dec 2024
Publisher : PT Matra Cendikia Abadi
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DOI: 10.71087/ajlr.v1i3.15
Failure to comply with the registration of the marriage agreement causes the agreement to be null and void because it does not fulfill one of the conditions for a valid agreement according to Article 1320 of the Civil Code and is contrary to Article 29 paragraph (1) of Law no. Therefore, this research will write about the role of registration of marriage agreements in ensuring legal certainty and protection of the rights of the parties concerned and the legal consequences of non-compliance in registering marriage agreements. The type of research used is a normative juridical method, namely research guided by positive legal regulations in accordance with the laws and regulations applicable in society. In resolving a legal issue, the author uses two approaches, namely the Statute Approach which is carried out by examining all statutory regulations relating to the legal issue to be studied, and the Conceptual Approach which carries out the interpretation. principles, laws and legal concepts according to the legal issue being studied. The legal materials used are primary legal materials and secondary legal materials using the library research method of collecting legal materials (Library Research) with research analysis using deductive methods. The result is registration of a marriage agreement has permanent legal force, thereby providing optimal protection for both parties from potential disputes in the future. Failure to comply with the obligation to register a marriage agreement, even though it has been made in the form of an authentic deed by a notary, has the implication that the agreement is null and void. It is hoped that in the future the government can increase outreach and education as well as simplify the procedures for registering marriage agreements. Keywords: Marriage Agreements; Register; Legal Protection.
URGENSI PENEGAKAN ASAS MONOGAMI DAN PENYETARAAN GENDER DALAM HUKUM PERKAWINAN INDONESIA
Aulia, Farah Nizrina;
Rato, Dominikus;
Ali, Mohammad
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 9, No 1 (2025): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar
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DOI: 10.35308/jic.v9i1.10556
The principle of monogamy as stated in the Indonesian Marriage Law is the principle adopted by the law, which states that in a marriage a husband may only have one wife and vice versa. However, the law also explains the permissibility of a husband practicing polygamy or having more than one wife by fulfilling the stipulated requirements. Often in practice, the right to polygamy is misused so that injustice or gender inequality arises. In addition, the Compilation of Islamic Law (KHI) is also the basis for regulating polygamy, which is regulated in Articles 55 to 59. Article 55 of the KHI firmly states that a man who practices polygamy will be limited to up to four wives by fulfilling the main requirement, namely that there must be fair treatment from the husband towards his wife and children. If the husband violates the main requirements, then he is not allowed to practice polygamy. The researcher uses a normative legal method in research or is generally called doctrinal legal research, this method is a method that emphasizes the investigation of the application of legal norms or positive rules that are enforced and associated with the enforcement of the principle of monogamy in Indonesian marriage law. In addition, this study uses a comparative technique between marriage law and a compilation of Islamic law related to the principle of monogamy that is enforced in marriage in Indonesia. Polygamy in marriage in Indonesia must be understood as an alternative path or a choice to do it or not in a truly emergency situation. Therefore, the principle of monogamy needs to be enforced, namely by a man being limited to having more than one wife except in urgent conditions.