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All Journal DE JURE Yustisia Arena Hukum Tadulako Law Review INDONESIAN JOURNAL OF CRIMINAL LAW STUDIES Lex Librum: Jurnal Ilmu Hukum Jambura Law Review Jurnal Hukum Volkgeist Pena Justisia: Media Komunikasi dan Kajian Hukum Media Iuris Alauddin Law Development Journal (ALDEV) Amsir Law Jurnal (ALJ) International Journal of Science and Society (IJSOC) SENTRI: Jurnal Riset Ilmiah JIPM: Jurnal Indragiri Penelitian Multidisiplin Journal of Law and Legal Reform Lex Librum : Jurnal Ilmu Hukum Indonesian Journal of Criminal Law Studies

Nurul Miqat

Faculty Of Law, Tadulako University, Palu, Indonesia.

Author-ID : 687480

Aerospace Engineering Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Electrical & Electronics Engineering Environmental Science Law, Crime, Criminology & Criminal Justice Materials Science & Nanotechnology Medicine & Pharmacology Social Sciences

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The Fate of Indigenous Peoples' Rights Recognition After the Enactment of the National Criminal Code Purwanda, Sunardi; Binti Abdul Jabar, Nurul Asyikeen; Rado, Rudini Hasyim; Miqat, Nurul
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 2 (2024): Indonesia J. Crim. L. Studies (November, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i2.50321

This recognition requires further regulation through a Government Regulation and serves as a procedural requirement for being acknowledged as indigenous peoples. The purpose of this article is to provide us an overview of how the recognition requirements for indigenous peoples as outlined in legislation, both before and after the enactment of the Criminal Code. Additionally, it examines the struggles of indigenous peoples in Ecuador, who have organized themselves into indigenous groups to fight for the rights that have been taken away from them. This research employs a statutory approach, a comparative approach, and an interdisciplinary approach in law commonly referred to as socio-legal research. As a result of this, indigenous peoples often find themselves in a weak position relative to the dominant authority of the state. The government needs to provide political recognition affirming that indigenous peoples are equal legal subjects with the state and possess the capacity to act legally to represent their interests as indigenous groups. With the enactment of the National Criminal Code set for 2026, this recognition may pave the way for indigenous peoples to become equal parties when engaging with the state in matters of customary criminal law. Additionally, the indigenous movement in Ecuador serves as a significant point of reflection. Their ability to unite indigenous peoples and nations under a national framework has profoundly influenced the political and legal landscape.

The Right to Reading Materials Purwanda, Sunardi; Dewi, Mira Nila Kusuma; Miqat, Nurul
Arena Hukum Vol. 18 No. 1 (2025)
Publisher : Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum2025.01801.3

Article 13(2) of the ICESCR contains the provision of the right to education and freely access educational affairs, including reading materials. But can we establish the right to reading materials as the citizens’ rights? Does it apply to a certain group or all people without exception? And, under what conditions is the applicability of the right attached? Previous research articles by Andina (2011), Rahajaan (2012), Affandi (2017), Purwanda & Syahril (2021), Jacobs (2013), Hartsfield & Kimmel (2021) have not specifically reviewed the status of the right to reading materials, highlighting whether the provision of reading materials by the state has significance to the protection and recognition of rights and whether the right applies only to a group of people or all people without exception, as well as how the enforceability of the right is attached to citizens. The sophistication of this this sociolegal research uses an interdisciplinary approach in law, lies in the provision of reading materials by the state is a right that cannot be separated from the human right and the need for the state to provide reading materials as a form of protection and recognition of the citizen’s rights. The state is obliged to provide and protect the right to reading materials for its citizens as a form of protection and recognition of citizens' rights. Legal protection of citizens' rights to reading materials requires legal fulfilment by the state as part of the right to enjoy or obtain education (right to education).

Legislation Policy to the Elimination of Minimal Capital Legal Entities for Limited Liability Companies Roma, Muhammad Hatta; Miqat, Nurul; Purnamasari, Andi Intan; Syamsuddin, Adiesty Septhiany Prihatiningsih; Patila, Manga
Amsir Law Journal Vol 2 No 2 (2021): April
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v2i2.39

The purpose of this study is to analyze the factors that hinder the implementation of government policies against the elimination of minimal capital of legal entities as an effort to develop MSME to improve the regional economy in Palu of Central Sulawesi. This research was an empirical research method using a qualitative descriptive approach. The results showed the factors inhibiting the implementation of government policy on the elimination of minimal capital of legal entity making is the lack of information about Government Regulation Number 29 of 2016 concerning Changes in The Basic Capital of The Establishment of Limited Liability Companies, Constraints on the requirements of making Limited Liability Companies both due to large capital constraints for the manufacture of Limited Liability Companies and Due to Administrative System Constraints that are quite difficult, and the latter is the Orientation of Individualist Thinking.

Legal Analysis of the Fostering and Supervision of Village Based on the Village Law 2014 Syamsuddin, Adiesty S.P.; Korompot, Ratu Ratna; Jubair , Jubair; Baco, Syamsuddin; Miqat, Nurul
Amsir Law Journal Vol 4 No 1 (2022): October
Publisher : Faculty of Law, Institut Ilmu Sosial dan Bisnis Andi Sapada.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36746/alj.v4i1.84

The position of the village as the lowest autonomous government structure has an essential role in achieving multidimensional national development goals because its management involves all government officials, both at the main and the local level, even at the village level. This study aimed to determine the material normative regulation related to the supervision and guidance of the administration of village governance and to find out the substantive forms of supervision and direction of the administration of village governance that the level of government above can implement. The result of this study was 1) Normative regulation material on the supervision and development of village administration is currently subject to Law Number 6 of 2014 concerning Village Government Regulation of the Republic of Indonesia Number 47 of 2015 concerning Amendment to Government Regulation Number 43 of 2014 concerning Implementation Regulation of Law Number 6 of 2014 concerning Villages, and PP Number 12 of 2017. 2) Substantive forms of supervision and development of village administration that can be carried out by the government level above include the provision of technical guidelines/guidance, appreciation, and guidance in the fields of development planning, finance, and institutional planning.

Child Custody Due to Divorce in Indonesia Post the Constitutional Court Decision Number 140/PUU-XXI/2023 from a Human Rights Perspective Miqat, Nurul; Susilawati, Susi; Nokoe, Nurhayati Sutan; Fadjar, Adfiyanti; Datupalinge, Suarlan; Patila, Manga
International Journal of Science and Society Vol 7 No 2 (2025): International Journal of Science and Society (IJSOC)
Publisher : GoAcademica Research & Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/ijsoc.v7i2.1394

Article 1 of Marriage Law Number 16 of 2019 amending the Marriage Law 1 of 1974, states that marriage is a marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on God Almighty, a marriage that is built based on physical and mental bonds, with the aim of being eternal, and getting offspring that can continue generations. However, not all existing marriages run smoothly as expected, the many obstacles and trials in every household sometimes trigger a divorce, which consequently has an impact on one of the children born. As a result, many divorced couples feel entitled to child custody. This paper takes the formulation of the problem of how child custody due to divorce, after the decision of the Constitutional Court Number 140/PUU-XXI/2023 from the perspective of Human Rights. This paper uses a normative juridical writing method with a statutory approach.

Legal Reform in Interfaith Marriage Under Supreme Court Circular No. 2 of 2023 Miqat, Nurul; Salam, Safrin; Adfiyanti, Adfiyanti; Ibrahim, Kayode Muhammad; Hassan, Abidemi
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.20972

Human nature, being composed of different genders—men and women—naturally drives the attraction and union through marriage, fulfilling the desire to live together. As outlined in Article 1 of Marriage Law No. 1 of 1974, marriage is a physical and emotional bond between a man and a woman as husband and wife, intended to establish a happy and lasting family founded on the principles of God Almighty. Marriage, therefore, holds religious significance, uniting a man and a woman as husband and wife. This study examines the Supreme Court’s decision prohibiting court rulings on interfaith marriages. Using normative research methods, the study analyzes Article 2, Paragraph 1 of the Marriage Law, which states that a marriage is valid if conducted according to the laws of each religion and belief. In response to ongoing debates and increasing pressure due to granted applications for interfaith marriage registration by district courts, the Supreme Court of Indonesia issued Supreme Court Circular Letter No. 2 of 2023. This circular guides judges in adjudicating interfaith marriage applications. The issuance of the circular aims to resolve the controversy surrounding interfaith marriages, which have led to various legal and social issues. Previously, judges based their decisions on Law No. 23 of 2006 on Population Administration, leading to the approval of interfaith marriage applications. However, with SEMA No. 2 of 2023, a clear directive has been established to prevent legal uncertainty and ensure uniformity in court rulings regarding interfaith marriages.

Comparative Study on the Management and Utilization of Takimpo Sara Land Based on Customary Law in Indonesia and Nigeria Salam, Safrin; Slamet, Agus; Mahmuda, Dewi; Miqat, Nurul; Izu, Cynthia C.
Media Iuris Vol. 8 No. 3 (2025): MEDIA IURIS
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/mi.v8i3.74753

This study analyzes the management and utilization of Sara customary land in Takimpo Village, Buton Regency, managed by the indigenous community based on customary law principles, and compares it with the customary land management system in Nigeria. Sara land holds significant cultural, social, and economic value for the indigenous community, who manage it based on principles of collectivity and consensus. The research method used is socio-legal, employing a qualitative approach through interviews, observations, and analysis of data obtained from the indigenous community, as well as relevant legal literature. The key findings indicate that the customary law principles in Takimpo emphasize communal land ownership, consensus as the decision-making mechanism, and sustainability in land use. Although customary law is respected, there is tension with state policies that prioritize individual land ownership. A comparison with Nigeria reveals similar principles of collectivity; however, state policies in Nigeria are more dominant, leading to tensions with the customary legal system. In conclusion, legal recognition of customary land needs to be strengthened in national land policies to protect the rights of indigenous communities. Mapping customary land based on customary law is essential to ensure sustainability and protect the rights of indigenous communities in managing their land.

Comparative Law Study: Sentencing of Sexual Violence Perpetrators Who have Deviant Sexual Behavior Mardin, Nurhayati; Purnamasari, Andi Intan; Miqat, Nurul; Kharismawan, Adiguna; Nur, Rafika
Jambura Law Review VOLUME 4 NO. 2 JULY 2022
Publisher : Universitas Negeri Gorontalo

The purpose of this paper is to find the ideal form of punishment for perpetrators of sexual violence who suffer from deviant sexual behavior. The method in this study is a normative legal research type, where activities are carried out by researching and analyzing the forms of sanctions and punishments regulated in positive law, in addition to conducting a comparative study of the provisions in positive law in Indonesia in the perspective of the types of sanctions against perpetrators of sexual violence crimes. who suffer from deviant sexual behavior. The results show that the ideal form of sanctions imposed on perpetrators of sexual violence who suffer from deviant sexual behavior should not only focus on imprisonment, however, it must be accompanied by other treatments or actions to treat the deviations in sexual behavior he suffers as mandated in the Sexual Violence Criminal Act, which is to combine imprisonment and special rehabilitation to cure his sexual behavior deviations. With the imposition of imprisonment alone, it will not be able to treat the main factor that triggers sexual violence crimes committed by perpetrators who suffer from deviant sexual behavior, so that rehabilitation or treatment efforts are important things that must be done so that there is no repeated or recidive crime.

Model Of Punishment: Juvenile Justice Systems Nur, Rafika; Bakhtiar, Handar Subhandi; Miqat, Nurul; Darmawati, Darmawati; Mustawa, Mustawa
Jambura Law Review VOLUME 3 SPECIAL ISSUES APRIL 2021
Publisher : Universitas Negeri Gorontalo

The position of children who have special rights in the law makes children get special treatment. In the juvenile justice system in Indonesia, there are two systems of sanctions, namely criminal sanctions and actions, and this is done to realize the protection of children who are dealing with the law. This research is a normative juridical review, using a statute, comparative and conceptual approaches. The results show that the imposition of sanctions on children is based on the child's age, where children aged 12 to before 14 years can only be sanctioned with actions, and children aged 14 to before 18 years may be subject to criminal sanctions or actions.

Local Wisdom of Customary Law Community to Realize Food Sovereignty in Central Sulawesi Miqat, Nurul; Nur, Rafika; Fattah, Virgayani; Sulilawati, Susi; Purnamasari, Intan
Jambura Law Review VOLUME 3 NO. 2 jULY 2021
Publisher : Universitas Negeri Gorontalo

Indigenous peoples have the right to food sovereignty, the right of indigenous peoples to meet food needs following local wisdom owned by indigenous peoples following their potential resources and culture, produced independently with their systems. Food production systems follow the conditions of traditional territories, traditional values / norms and knowledge of indigenous peoples, agricultural systems, trade, fisheries, and other production systems in traditional territories. Central Sulawesi, as one of the provinces that still has several areas, which are indigenous community areas, has local wisdom in terms of food security. The availability of food based on the independence of an area cannot be separated from the efforts of the community to maintain regional food security in a way that has become the standard of behavior of the surrounding community in managing the environment that can produce quality food, one of which is the standard of community behavior which is reflected in local wisdom. Through local wisdom in managing the environment, it is hoped that it will be a concrete step to strengthen it carrying capacity, especially in the food aspect. Through Law No. 18 of 2012, which seeks to give obligations to the state to respect, fulfill and protect the right to food of the Indonesian people without exception.

Co-Authors Adfiyanti Fadjar Adfiyanti, Adfiyanti Adiesty S.P. Syamsuddin Adiguna Kharismawan Agus Slamet Ahmad Aswar Roa Andi Bustamin Daeng Kunu Andi Intan Purnamasari Binti Abdul Jabar, Nurul Asyikeen Bustamin Daeng Kunu Crystalia, Mega Darmawati Darmawati Datupalinge, Suarlan Handar Subhandi Bakhtiar Hassan, Abidemi I Made Artana Ibrahim, Kayode Muhammad Ibrahim, Kayode Muhammed Ikbal, Mohammad Intan Purnamasari Izu, Cynthia C. JUBAIR, JUBAIR Kayode Muhammed Ibrahim Kunthi Tridewiyanti Mahmuda, Dewi Manga Patila Mira Nila Kusuma Dewi Mubarak, Ayyub Muhammad Hatta Roma Muhammad Ikbal Mustawa, Mustawa Nurhayati Mardin Nurhayati Sutan Nokoe Nurul Asyikeen Binti Abdul Jabar Patittingi, Farida Rafika Nur Ratu Ratna Korompot Razaq, Abdu Ridwan, Ashar Rudini Hasyim Rado Safrin Salam Sahlan Sulilawati, Susi Sunardi Purwanda SUSILAWATI, SUSI Susilawati, Susi Susilawati Syamsuddin Baco Syamsuddin, Adiesty Septhiany Prihatiningsih Tomi Apra Santosa Virgayani Fattah

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