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All Journal Jurnal Abdi Ilmu JIIP (Jurnal Ilmiah Ilmu Pendidikan) Jurnal Scientia Jurnal Somasi (Sosial Humaniora Komunikasi) International Journal of Educational Review, Law And Social Sciences (IJERLAS) Jurnal Hukum Sehasen Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Literacy : International Scientific Journals of Social, Education, Humanities JUDGE: Jurnal Hukum International Asia Of Law and Money Laundering (IAML) International Journal of Economic, Technology and Social Sciences (Injects) Al-Zayn: Jurnal Ilmu Sosial & Hukum Journal of Innovative and Creativity Journal of International Islamic Law, Human Right and Public Policy International Journal of Society and Law Jurnal ISO: Jurnal Ilmu Sosial, Politik dan Humaniora
Bambang Fitrianto
Universitas Pembangunan Panca Budi
Religion Agriculture, Biological Sciences & Forestry Humanities Biochemistry, Genetics & Molecular Biology Chemical Engineering, Chemistry & Bioengineering Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Industrial & Manufacturing Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Public Health Social Sciences Other

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The Paradox of Rechtsvinding in Criminal Law: The Tension Between the Principle of Formal Legality and the Expansion of Progressive Legal Interpretation in Indonesia Reyhand Parlindungan; Fitri Rafianti; Bambang Fitrianto; Aries Kata Ginting; Daniel Naibaho
International Journal of Economic, Technology and Social Sciences (Injects) Vol. 6 No. 2 (2025): October 2025
Publisher : CERED Indonesia Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53695/injects.v6i2.1647

Abstract

The practice of judicial law-finding (rechtsvinding) in criminal law has consistently been confronted with a profound doctrinal tension between the demands of legal certainty and the pursuit of substantive justice. This study aims to examine the doctrinal boundaries and practical dynamics of judicial law-finding methods employed by judges in criminal cases in Indonesia following the enactment of the new National Criminal Code. The research adopts a normative juridical methodology utilizing statutory, conceptual, and jurisprudential approaches. The findings reveal that the principle of legality, embodied in the maxim nullum crimen, nulla poena sine praevia lege poenali, imposes strict limitations on judicial discretion by prohibiting the application of analogical reasoning (argumentum per analogiam) in criminal adjudication. Nevertheless, in responding to normative gaps arising from technological advancements and the increasing complexity of contemporary social and criminal phenomena, judges cannot remain passive as mere bouches de la loi (mouthpieces of the law). The paradigm of progressive law provides an avenue for judges to optimize legal interpretation, particularly through teleological (sociological) interpretation and extensive interpretation, without undermining the fundamental rights of defendants. Such interpretative methods enable courts to adapt legal norms to evolving social realities while remaining within the framework of criminal legality. This study concludes that a balance between formal legal certainty and substantive justice may be achieved when criminal law-finding is situated within the framework of protecting legally recognized social interests and guided by the principles of proportionality, objectivity, and rational legal reasoning. Accordingly, the future development of Indonesian criminal jurisprudence should not be directed toward abandoning the legality principle, but rather toward harmonizing legal certainty with the judicial responsibility to ensure that criminal law remains responsive to contemporary societal needs.
Legal Review Of The Determination Of Child Custody Rights After Divorce From The Perspective Of Indonesian Civil Law Syna Ardia Putri Lubis; Bambang Fitrianto; Asman Siagian
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10970

Abstract

The determination of child custody rights after divorce is an important issue in family law in Indonesia because divorce can have an impact on the mental condition and growth and development of children. Therefore, clear regulations are needed to ensure that children's rights are protected. This study aims to analyze the determination of child custody after divorce based on the perspective of Indonesian civil law and the forms of legal protection provided to children. The research method used is normative juridical, examining relevant legislation, doctrine, and legal literature. The results of the study show that the determination of child custody is not only based on the biological relationship between parents and children, but also prioritizes the principle of the best interests of the child. These provisions are regulated in Law Number 1 of 1974 concerning Marriage, Law Number 23 of 2002 in conjunction with Law Number 35 of 2014 concerning Child Protection, and the Compilation of Islamic Law (KHI). Even in the event of divorce, both parents remain obligated to care for, educate, and provide for the child. Legal protection of children encompasses all activities to guarantee and protect children and their rights so that they can live, develop, and grow properly and receive protection from violence and discrimination. Legal protection for children is all activities to guarantee and protect children and their rights so that they can live, develop, and grow properly, and receive protection from violence and discrimination. Child protection in the event of parental divorce is closely linked to the parents' authority, even if the marriage ends due to divorce initiated by both parents. Therefore, legal protection for children after divorce is not solely the responsibility of one parent, but rather of both parents, the father and mother of their children. The state also has a responsibility through the courts to provide legal certainty and guarantee the future of children so that they do not become victims of their parents' divorce.
Legal Protection for Companies Experiencing Boycott Practices from the Perspective of Economic Law Enforcement Siska Fitria Bodamer; Beby Sendy; Bambang Fitrianto
JURNAL HUKUM SEHASEN Vol 12 No 1 (2026): April
Publisher : Fakultas Hukum Dehasen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37676/jhs.v12i2.10979

Abstract

This study aims to analyze legal protection for companies experiencing boycott practices from the perspective of Indonesian economic law enforcement, particularly through Law No. 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition. The research employs a normative juridical method with a literature-based approach, utilizing statutory regulations, books, official documents, publications, and prior research findings as supporting materials. The results indicate that the mechanisms of the Business Competition Supervisory Commission (KPPU) are effective in protecting affected parties through investigations and binding decisions. However, challenges remain, including legal uncertainty arising from MUI Fatwa No. 83 of 2023 and the spillover effects of losses along supply chains, which necessitate normative synchronization. The conclusion emphasizes the need to balance consumer rights and economic efficiency, and recommends the establishment of boycott verification guidelines and the strengthening of enforcement mechanisms to ensure business certainty.
LEGAL ANALYSIS OF THE DIVISION OF JOINT PROPERTY ON LAND OWNED BY ONE PARTY'S PARENTS ACCORDING TO MARRIAGE LAW (STUDY OF DECISION NUMBER 183/Pdt.G/2025/MS.Sgi) Rizki Ardita; Beby Sendy; Bambang Fitrianto
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i4.173

Abstract

This study was conducted to analyze the division of joint assets and the judge's legal considerations in determining the status of joint assets standing on land owned by one of the parties' parents and the suitability of the decision with the provisions of Law Number 1 of 1974 concerning Marriage. The method used in this study is normative law with a case approach, namely analyzing secondary data in the form of the decision of the Mahkamah Syar’iyah Sigli Number 183 / Pdt.G / 2025 / MS.Sgi as well as laws and legal materials related to joint assets. This study shows that in this case, the object of the dispute is a permanent house unit standing on land owned by the Plaintiff's parents which is recognized as joint assets, while the land where the house stands is the Plaintiff's inherited property, but in its consideration the Panel of Judges did not clearly outline the boundaries between joint assets in the form of a house and land as inherited property, but instead immediately decided that the Defendant should divide 2 houses in kind. So that the decision can give rise to double interpretations as if the land where the house stands is also part of the joint assets. This creates legal uncertainty in the implementation of the decision and could potentially harm one of the parties. Therefore, the division of joint assets should be carried out fairly by clearly separating the house as joint property from the land as acquired property, in order to comply with the provisions of the Marriage Law.
Co-Authors Achmad Fahdi Ananda Eka Cahyani Silalahi Andhika Tri Dharmawan Andreas Nainggolan Aries Kata Ginting Asman Siagian Aura Ananda Putri Dalimunthe Beby Sendy Citra Nurdiana Dahlan Daniel Naibaho Deo Haghanta sembiring Deskia Renata Sitorus Dewi Fortuna Manulang Dina Andiza Endang Suhendra Fauziah Nur Fiorella Amanda Berliana Gian Randa Juangsah Graha Lubis Hendrie Haryanto Henry Aspan Jeni Alfikri Ginting Josepb Nugroho Halomoan Simarmata Junaidi Kospiyandi Luthfia Azahra M. Adnan Mayang Sari Mela Anggraini Melky purba Mhd Ilham Nasution Muhammad Bayu Dwi Arya Muhammad Haykal Nathanael Marvelino Saragih Sidauruk Nazwa Salsabila Rafianti, Fitri Redyanto Sidi Reinhard Mark Luhut Silaen Reyhand Parlindungan Riza Alif pasha Rizki Ardita RR Sasmaya Hati Salwa Zaskia Setiawan Jodi Sitorus Sinta Grace Ika Sianturi Siska Fitria Bodamer Siti Nurhayati Sulastri T. P purba Suntya Indah Lestari Syna Ardia Putri Lubis Tamaulina Br Sembiring Tengku Keizerina Devi Azwar Vivian Hasra Sitompul Zafvirah Alya