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All Journal Jurnal Ilmiah Hukum LEGALITY Syntax Literate: Jurnal Ilmiah Indonesia Khairun Law Journal Syntax Idea Hermeneutika : Jurnal Ilmu Hukum Journal of Social Science KHAIRUN LAW JOURNAL Jurnal Indonesia Sosial Sains Journal of Global Pharma Technology Journal of Social Science
Suwarti Suwarti
Faculty Of Law, Universitas Khairun Ternate, Ternate, Indonesia
Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Astronomy Automotive Engineering Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Energy Environmental Science Immunology & microbiology Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Medicine & Pharmacology Neuroscience Physics Social Sciences Other

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Legal Analysis of Inconsistencies in Child Marriage Regulations Eko Budianto Tomayouw; Suwarti Suwarti; Nam Rumkel
Jurnal Indonesia Sosial Sains Vol. 5 No. 09 (2024): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v5i09.1226

Abstract

This study analyzes the inconsistencies in child marriage regulations in Indonesia, which result in legal uncertainty in efforts to protect children through the marriage dispensation process. By employing both normative and sociological approaches, the study examines the legal implications of these regulatory disparities and assesses the marriage dispensation process from a benefit-based perspective. The findings reveal that the inconsistency in regulations leads to unequal legal protection for children involved in marriage, highlighting the urgent need for harmonizing laws and strengthening child protection mechanisms. Improvements are necessary not only in the Child Protection Law but also in the revision of the Marriage Law, taking into account the broader responsibility of the state in safeguarding children. Although the Marriage Law sets a minimum age for marriage, it still allows for loopholes through marriage dispensation, reflecting an inconsistency in legislative efforts to protect children. The overlap between different legal provisions creates uncertainty in the legality of child marriages, as different interpretations of the laws can lead to varying legal outcomes. This study identifies two key issues: the legal consequences of regulatory inconsistencies in child marriages and how marriage dispensation is viewed from a benefit perspective. Using a normative legal research method, the study draws on primary, secondary, and tertiary legal sources, including legislation and court decisions, and analyzes the data qualitatively. The results indicate that the regulatory inconsistencies create legal uncertainty in the protection of children in marriages approved through dispensation. Therefore, protecting these marriages from a benefit perspective is essential, as the dispensation process serves as a form of legal protection for children, rather than defying the rule of law.
Creditors and Debtors' Approval of the Transfer of Receivables (Cessie) is Reviewed in accordance with Law Number 10 of 1998 concerning Banking Fikram Ikbal; Rusdin Alauddin; Suwarti
Jurnal Indonesia Sosial Sains Vol. 6 No. 4 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i4.1647

Abstract

This study discusses the transfer of receivables or cessies regulated in Article 613 of the Civil Code, focusing on the implementation and legal consequences in credit agreements in Indonesia. Cessie is the transfer of receivables from the old creditor to the new creditor, which must be done through an authentic deed or a deed under hand, and accompanied by a notice to the debtor to have a valid legal effect. Although regulated in the Civil Code, cessie practices are not always strictly regulated, and can cause legal conflicts if not carried out according to procedures. This study aims to explore the implementation of cessie in the banking sector, as well as the legal impact arising from the transfer of receivables on the rights and obligations of debtors and creditors. The results of the study show that the legal transfer of receivables can only be done if it is in accordance with applicable regulations and the debtor is given a notice or written consent regarding the transfer. The study also suggests the need for further arrangements regarding cessies to ensure legal protection for all parties involved in the transaction.
Legal Protection of Customary Land Control by Communities through the Implementation of Agrarian Reform in Ternate City Nurul Ayni; Husen Alting; Suwarti Suwarti
Jurnal Indonesia Sosial Sains Vol. 6 No. 4 (2025): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v6i4.1689

Abstract

This study explores legal issues surrounding the protection of customary land ownership through the implementation of agrarian reform in Ternate City. Existing legal frameworks, particularly the Basic Agrarian Law, remain insufficient in providing explicit recognition and legal protection for customary land that continues to exist without formal documentation. This research identifies areas of customary land in Ternate that have not been registered or recognized with formal ownership rights and examines the position of customary land ownership from the perspective of legal protection theory. The findings reveal that agrarian reform has had limited impact in securing customary land rights due to the absence of legal clarity and institutional support. Moreover, the National Land Agency's current policy strategies have not effectively integrated mechanisms to acknowledge and register customary land claims. The lack of harmonized regulations contributes to legal uncertainty and hinders the realization of equitable land rights. Therefore, this paper emphasizes the urgent need for a more comprehensive regulatory framework that ensures the legal recognition and protection of customary land within the agrarian reform agenda. This will contribute to stronger legal certainty, social justice, and the preservation of indigenous communities' land rights in Ternate City.
Legal Accountability of Regional Company Management for Regional Capital Investment in PT. Aman Mandiri Masrida Masrida; Husen Alting; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.539

Abstract

This study aims to analyze the effectiveness of regional companies PT. Bahari Aman Mandiri Kota Tidore Islands in the implementation of local government in the era of regional autonomy, and How is legal responsibility for losses incurred by regional companies PT. The research method used in this study is a type of empirical legal research, namely research that looks at the application of laws and regulations in society. The research carried out includes the type of field qualitative research (field research), which is research that emphasizes the completeness of the data collected, namely in the form of primary and skunder data. The results of this study show that the effectiveness of regional companies PT. Bahari Aman Mandiri Tidore Islands City In the implementation of local government in the era of regional autonomy, there are at least two fundamental reasons that are the subject of research that can be the basis that the ineffectiveness of regional companies PT. Bahari Aman Mandiri Kota Tidore Islands in the administration of local government.
Analysis of Interfaith Marriage Law in the Marriage Law and Law Number 23 of 2006 concerning Population Administration Perspective Idham Payapo; Wahda Z. Imam; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.540

Abstract

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Legal Liability of Illegal Online Loans in the Perspective of Criminal Law Vanti Y. Rolobessy; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.542

Abstract

This study aims to analyze law enforcement of misuse of personal data related to illegal online loans (fintech) as a form of mayantara crime in a cyber perspective and examine the liability of illegal online loans (illegal fintech desk collectors) in a criminal law perspective. The research method used in this study is the type of research used in the research is normative legal research as a process to find the rule of law, legal principles, and legal doctrines to answer the legal issues faced. The scientific logic that in normative legal research is built on scientific discipline and the ways in which normative legal science works, that is, legal science whose object is law itself. The results of this study show that the enforcement of the Law on Misuse of Personal Data Related to Online Loans (Illegal Fintech) as a Form of Mayantara Crime in a Cyber Perspective is based on the reason that the rampant public activities on electronic media, the Electronic Transaction Information Law was born, namely Law Number 19 of 2016 on Law Number 11 of 2008 concerning Electronic Information and Transactions concerning Electronic Information and Transactions ( ITE) with Considerations can be found in the consideration section, especially in the "Considering" section which states that information globalization has placed Indonesia as part of the world information society so that it requires the establishment of regulations regarding the management of Information and Electronic Transactions at the national level so that the development of Information Technology can be carried out optimally, evenly, and spread to all levels of society in order to educate the nation's life.
Implementation of Imbalance in Food Purchase Transactions in the City of Tidore Tasqinnur Mansur; Wahda Z. Iman; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.543

Abstract

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Fulfilment of Women Prisoners’ Rights (Case Study of Class II B Penitentiary in North Maluku) Sri Mardiana Joisangadji; Faissal Malik; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.544

Abstract

This study aims to analyze the fulfillment of the special rights of female convicts in the Class II B Penitentiary of North Maluku Province and examine the obstacles and efforts faced by the North Maluku Class II B penitentiary in the process of fostering female convicts. The research method used in this study is a type of empirical legal research. Empirical legal research is to study the legal situation or facts obtained in people's lives. This type of research is often referred to as Socio Legal Research. In empirical legal research, what is initially studied is secondary data which is then followed by research on primary data in the field. The fulfillment of the special rights of female prisoners in the Class II B Penitentiary of North Maluku Province is explicitly regulated in Article 14 paragraph (1) jo Article 9 of Law Number 22 of 2022 concerning Correctional Services, it is expressly stated that the convict has the right such as to worship in accordance with his religion or beliefs, receive both spiritual and physical care, receive education and teaching, get health services and eat properly, and filing a complaint.
The Position of Childless Widows as Heirs to Husband's Inheritance (Comparative Analysis of Islamic Law Compilation and Civil Inheritance Law) Sittihajar Muhammad; Suwarti Suwarti; Baharuddin HI
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.545

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Legal Analysis of Children as Victims of Sexual Violence Rini Angriani; Syawal Abdulajid; Suwarti Suwarti
Journal of Social Science Vol. 4 No. 2 (2023): Journal of Social Science
Publisher : Syntax Corporation Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jss.v4i2.546

Abstract

This study aims to analyze the factors that cause children to become victims of sexual violence committed by perpetrators of crimes and obstacles in providing legal protection for children as victims of sexual violence. The applied research method is normative legal research, leading to the identification of legal rules, principles, and doctrines in response to the legal problems faced. The scientific approach in this study is based on the disciplines and working principles of normative legal science, focusing on the analysis of law itself. The results of this study show that legal protection measures provided for victims of underage sexual relations and rape in the criminal justice system are carried out through preventive and repressive approaches, both by the community and the government (through law enforcement officials), such as providing protection/supervision from various threats that can endanger the lives of victims, providing adequate medical and legal assistance, examination and judicial process. This research has significant implications in identifying the triggering factors of sexual violence against children and challenges in their legal protection. The normative legal research approach not only provides insight into relevant legal aspects, but also explores legal principles and doctrines to formulate solutions to these problems.
Co-Authors Abannokovya, Stepan Alimudin Boly Andi Suharto Aprizal Midu Baharuddin Hi Catur Erwin Setiawan Eko Budianto Tomayouw Fahri Latukau Faisal, Faisal Faissal Malik Fajar Hidayat Fikram Ikbal Husen Alting Husen Alting Idham Payapo Irfan Ahmad Khunmay, Decha Masrida Masrida Nam Rumkel Nurlaila Kadarwati Papuluwa Nurlaila Kadarwati Papuluwa Nurul Ayni Patma Patma Puji Rahayu Subandi Rina Wahyuni Rini Angriani Rusdin Alauddin Sittihajar Muhammad Sri Mardiana Joisangadji Suhaimi Drachman Syamsuddin Ishak Syawal Abdulajid Syawal Abdulajid Tasqinnur Mansur Vanti Y. Rolobessy Wahda Z Imam Wahda Z. Imam Wahda Z. Imam Wahda Z. Iman Zul Asfi Siregar