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All Journal Jurnal Hukum Pelita Res Judicata Law Review
Herowati Poesoko
Universitas Wiraraja
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Kepastian Hukum Tentang Legalitas Perkawinan dan Pencatatan Bagi Umat Beda Agama Di Indonesia Eko Purwanto; Herowati Poesoko; Moh Zeinudin
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5544

Abstract

Regulations regarding interfaith marriage and registration in Indonesia have developed dynamically over time. It was found that there were court decisions rejecting interfaith marriages and their registration, but it was also found that there were court decisions granting permission. This is considered to cause legal uncertainty, because inter-religious marriages still continue to occur, while Law Number 1 of 1974 concerning Marriage and its amendments do not yet strictly and clearly regulate inter-religious marriages. This research focuses on examining the meaning of interfaith marriage and its registration over time in Indonesia as well as the direction of legal reconstruction in the future. This research is normative legal research that uses a statutory approach, a historical approach and a case approach. The legal hermeneutics research method is used to analyze the collected legal material. The research results found that the meaning of interfaith marriage and its registration experienced dynamics in its historical development in Indonesia from time to time, giving rise to legal uncertainty. Interfaith marriages and their registration can be given legal certainty by using a Court Decision or carried out abroad (in a country that permits interfaith marriages) and then reporting the registration administratively to the Civil Registry Office or Dukcapil Office to obtain legal certainty based on the provisions of the Marriage Law, Regulations Government Number 9 of 1975 concerning Implementation of UUP, and Law Number 23 of 2006 concerning Population Administration, as amended by Law Number 24 of 2013
Mitigasi Risiko Keamanan Data dalam Implementasi Sertifikat Tanah Elektronik untuk Mewujudkan Kepastian Hukum bagi Pemegang Hak Atas Tanah Ach Farhan Arif; Herowati Poesoko; Miftahul Munir
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5674

Abstract

Digital transformation in land services has introduced the innovation of electronic land certificates, replacing the conventional physical system of analog certificates. This initiative by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) is expected to enhance administrative efficiency in land services, accelerate service processes, and provide legal certainty for landowners. However, the implementation of electronic land certificates also presents challenges related to land data security and legal protection. Risks such as data manipulation, cyberattacks, and data loss are key issues that could hinder the sustainability of this system. This research aims to identify risk mitigation strategies necessary to ensure legal certainty for landowners. Using a normative juridical research type with a perspective analysis approach, the study highlights the importance of adequate regulatory harmonization and advanced technology in managing land data security.The research findings indicate that effective risk mitigation requires collaboration between the government—particularly the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (BPN) at central and regional levels—and other stakeholders related to legal protection of electronic documents. Through holistic mitigation strategies, electronic land certificates can not only enhance efficiency but also provide optimal legal protection needed to build public trust in the digital land system. Consequently, the sustainability of the digital system through electronic land certificates can be achieved. This research provides recommendations to strengthen data security systems, improve regulations, and educate the public as crucial steps in transforming land services
Ratio Decidendi Pemberhentian Sementara Kepala Desa Akibat Dugaan Melakukan Tindak Pidana Pemalsuan Surat agus suprayitno; Herowati Poesoko; Miftahul Munir
JURNAL HUKUM PELITA Vol. 6 No. 1 (2025): Jurnal Hukum Pelita Mei 2025
Publisher : Direktorat Penelitian dan Pengabdian (DPPM) Universitas Pelita Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37366/jhp.v6i1.5725

Abstract

This research discusses the court decision with the defendant Akhmad Wa'il as the Head of Guluk Guluk Village, Guluk Guluk District, Sumenep Regency who is suspected of forging letters, namely using fake diplomas when registering as a candidate for village head. Based on the court decision of the Sumenep District Court Number 195/Pid.B/2022/PN.Smp jo 1351/Pid.B/2022/PT. Sby jo 603 K/Pid/2023. In the first and second level verdicts, the judge stated that the defendant was proven to have forged a letter in the form of a fake diploma. However, in the Supreme Court's decision, the defendant was proven not guilty of forging letters, considering that the Supreme Court is the Supreme Court that serves as a Judex Juris and not a Judex Factie. This study aims to describe the ratio of judges in the Supreme Court decision number 603/K/Pid/2023 which annulled the previous decision to not guilty of forging letters. The method used in this study is Normative by using secondary data or library data (library research) with the Statute Approach and Case Study approach
The Influence of the Kerapan Sapi Tradition in Madura on the Enforcement of Criminal Law in Article 302 of the Criminal Code Herowati Poesoko; Abintoro Prakoso; Muhammad Khalid Ali
Res Judicata Law Review Vol. 1 No. 2 (2024): Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i2.19

Abstract

In the context of criminal law, although there are formal regulations in force throughout the country, local culture often plays an important role in its implementation. Therefore, understanding the relationship between local culture such as the tradition of cattle frequency and law enforcement based on article 302 of the Criminal Code concerning the persecution of animals is something that needs to be considered in order to ensure effectiveness and justice in the legal system. This study uses a type of socio-legal research which is an interdisciplinary approach that combines normative legal analysis with a sociological perspective. The information collected is descriptive in both written and oral form. The approach is based on the analysis of the philosophical values of the cattle frequency tradition, while the normative juridical helps in making comparisons against laws and regulations relevant to the cattle frequency tradition. The results show that although official authorities such as the police or the courts play a role, customary institutions are still the main place in mediating in resolving a conflict. This indicates that traditional and cultural values occupy an important place in society and influence how society relates to the formal legal system.
Co-Authors Abintoro Prakoso Ach Farhan Arif agus suprayitno Eko Purwanto Miftahul Munir Moh Zeinudin Muhammad Khalid Ali