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Journal : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)

Kedudukan Anak Luar Nikah dalam Hukum Perkawinan Siregar, Dahris
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 6 No. 4 (2025): December 2025
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v6i4.216

Abstract

Children born outside of marriage provide a dilemma in day-to-day living, yet there are also others who view this as the standard. Even though they are hated and denigrated, they nevertheless have little civil and welfare rights since they are illegitimate children, meaning they have no legal connection to their father. Furthermore, because he has no nasab link or legal tie with his mother, who gave birth to him, the boy is not eligible to receive money or inheritance from his father. Unmarried children therefore have a lot of rights and responsibilities with their parents. This research aims to investigate the legal protection of children born outside of marriage in the aftermath of the Constitutional Court's Decision No.46/PUU-VIII/2010. It does this by learning about their legal status under Islamic law, Law No. 1 of 1974, and the Civil Code. Adopting a normative legal perspective, the research is carried out deductively by looking at the articles of law that govern the problem to be studied. Then, this study looks at how one law relates to another and how it is applied in practice. The study's findings demonstrated that illegitimate children only had cordial relationships with their mother and relatives. As a consequence, children born outside of marriage are considered illegitimate under the Civil Code but may be recognized, but they are considered illegitimate under Law No. 1 of 1974 and KHI. This is in line with the Constitutional Court's ruling No. 46/PUU-VIII/2010 on the recognition of such children.
Kebebasan Berpendapat di Era Digital: Kajian Yuridis tentang Pembatasan Berdasarkan UU ITE dan HAM Siregar, Dahris
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 6 No. 4 (2025): December 2025
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v6i4.243

Abstract

Digital technology has revolutionized Indonesia's freedom of speech, however, the Electronic Information and Transaction Law (ITE Law) calls into question excessive restrictions on human rights. This study aims to investigate whether the ITE Law's limitations on free expression are acceptable and how the government enforces them. Utilizing a normative juridical approach, this paper thoroughly investigates the ITE Law's provisions, especially paragraphs 27(3) on defamation and 28(2) on hate speech, and evaluates how law enforcement procedures implement them. The study's findings demonstrate that the ITE Law's provisions have serious flaws in terms of discriminatory application, proportionality of penalties, and norm clarity. The ITE Law satisfies the formal legality requirements, but it falls short of the legal clarity and proportionality standards demanded by international law, according to the analysis conducted using the framework of the three elements of human rights restriction (legality, legitimacy of purpose, and proportionality). This analysis comes to the conclusion that the ITE Law's implementation has significantly reduced online freedom of speech, with a pattern of law enforcement that tends to criminalize criticism of the government and public discussion of controversial issues. Studies comparing Indonesia's internet rules to those of democratic nations reveal that the former are comparatively less proportional and more restrictive.