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The Development of Indonesian Marriage Law in Contemporary Era Mila Surahmi; Zaimah Husin; Nurifana Umar; Fatmawati; Tora Yuliana
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1041

Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires immediate revision due to its outdated nature and inability to address contemporary issues pertaining to marriage. Consequently, there are numerous provisions within the Marriage Law that require amendment or addition. For instance, there is a need to introduce more robust penalties for those who violate the Marriage Law, whether they are involved in interfaith marriages, same-sex marriages, polygamous marriages, or marriages contracted without the requisite formalities. This study aims to examine the evolution of marriage law in Indonesia and the challenges it has faced. It employs a descriptive qualitative approach with a literature review. The findings reveal that Indonesia's marriage regulation has undergone three distinct phases, each characterised by its own set of issues. Additionally, the country's marriage law has experienced two distinct periods: one following independence and the other following the enactment of Marriage Law Number 1 of 1974.

MODEL HARMONISASI HUKUM PIDANA DAN PERDATA UNTUK PENYELESAIAN KASUS KEKERASAN HASNIA, HASNIA; MUNAWWARAH, SITTI; SARJONO, ANASTASIA; UMAR, NURIFANA
GANEC SWARA Vol 18, No 4 (2024): Desember 2024
Publisher : Universitas Mahasaraswati K. Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35327/gara.v18i4.1266

Violent crimes often involve two legal aspects, namely criminal and civil, which require harmonization to ensure substantive justice for victims and perpetrators. The main problem faced is the separation of criminal and civil legal processes, which often hinders the holistic restoration of victims' rights. This study aims to analyze the harmonization mechanism of criminal and civil laws applied in various countries, including the United Arab Emirates, Canada, Germany, and Indonesia, and to develop a legal harmonization model that is appropriate to the Indonesian context by considering local values and international standards. The research method used is normative with a statutory regulatory approach, conceptualization, comparison, and history, which focuses on the analysis of relevant legal regulations and legal theories. The results of the study indicate that legal harmonization can be achieved through integrated application, restorative justice mechanisms, and recognition of customary legal practices that do not conflict with human rights. A model that calls for the importance of national legal reform, integration of local values, and application of international standards to create a more responsive legal system. The main recommendations are strengthening legal infrastructure, training law enforcement officers, and implementing best practices from other countries.

Analysis of the Application of Justice Principles in Civil Dispute Resolution in Indonesia: A Study of Cases in District Courts Umar, Nurifana; Sumilat, Rohyani Rigen Is; Ante, Rinny; Paendong, Kristiane Aprilia; Umboh, Joice Jane
Jurnal Smart Hukum (JSH) Vol. 3 No. 3 (2025): February-May
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i3.1354

This research analyzes the application of justice principles in the resolution of civil disputes at Indonesian district courts. Employing a qualitative approach, the study examines 15 civil case decisions from five major district courts between 2020 and 2024, complemented by interviews with judges, lawyers, and litigants. The findings reveal that the pursuit of procedural certainty often overrides substantive justice, with strict adherence to procedural rules sometimes resulting in the dismissal of valid claims. Cultural factors, such as the integration of adat (customary law), further complicate the consistency of judicial decisions, particularly in inheritance and land disputes. Additionally, external pressures—including corruption and political influence—pose significant challenges to impartial adjudication. These complexities highlight a persistent tension between legal certainty and fairness in Indonesia’s civil justice system. The study recommends targeted judicial training focused on balancing procedural and substantive justice, enhanced oversight by the Judicial Commission, and reforms to allow greater judicial discretion in procedural matters. By providing an in-depth examination of district court practices, this research contributes to a better understanding of the systemic barriers to achieving justice in Indonesian civil litigation and offers practical recommendations for reform. The findings underscore the importance of aligning legal procedures with the fundamental goal of delivering fair and equitable outcomes for all parties involved.

The Effectiveness of the Implementation of Administrative Sanctions in Consumer Dispute Resolution in the E-Commerce Era under the Consumer Protection Law Umar, Nurifana; Pujayanti, Luh Putu Vera Astri; Sabir, Muhammad; Kairuddin; Kasim, Aksah
Riau Law Journal Vol. 9 No. 1 (2025): Riau Law Journal
Publisher : Fakultas Hukum Universitas Riau

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30652/rlj.9.1.73-87

The evolution of e-commerce due to digital transformation has introduced new issues in consumer protection, particularly concerning the efficacy of administrative penalties against digital enterprises. The primary issue in this study pertains to the ineffectiveness of administrative sanctions as stipulated in Law Number 8 of 1999 regarding Consumer Protection (UUPK), which remains anchored in the conventional transaction paradigm and has not adequately addressed cross-border and anonymous e-commerce practices. The objective of this research is to conduct a legal analysis of the efficacy of examine administrative punishments within the digital consumer protection framework, highlight normative and institutional obstacles to its execution, and propose alternative legislative changes for responsiveness. The methodology used is normative legal research using a regulatory and conceptual framework, supplemented by a study of secondary literature. The study's findings suggest the need to revise legislative regulations and enhance institutions by creating a digital oversight authority and developing a technology-driven integrated supervisory system. This change is crucial for guaranteeing legal stability and robust protection for consumers in the digital commerce age.

The Development of Indonesian Marriage Law in Contemporary Era Surahmi, Mila; Husin, Zaimah; Umar, Nurifana; Fatmawati; Yuliana, Tora
Jurnal Smart Hukum (JSH) Vol. 3 No. 1 (2024): June-September
Publisher : Inovasi Pratama Internasional. Ltd

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55299/jsh.v3i1.1041

Indonesia is a highly diverse country, comprising a multitude of tribes, groups, races, and religions, and is endowed with a rich cultural heritage. The heterogeneity of Indonesian society provides the context for interfaith and other forms of marriage. The specific legislation that governs marriage is Law Number 1 of 1974. It is commonly assumed that Law No. 1/1974 requires immediate revision due to its outdated nature and inability to address contemporary issues pertaining to marriage. Consequently, there are numerous provisions within the Marriage Law that require amendment or addition. For instance, there is a need to introduce more robust penalties for those who violate the Marriage Law, whether they are involved in interfaith marriages, same-sex marriages, polygamous marriages, or marriages contracted without the requisite formalities. This study aims to examine the evolution of marriage law in Indonesia and the challenges it has faced. It employs a descriptive qualitative approach with a literature review. The findings reveal that Indonesia's marriage regulation has undergone three distinct phases, each characterised by its own set of issues. Additionally, the country's marriage law has experienced two distinct periods: one following independence and the other following the enactment of Marriage Law Number 1 of 1974.

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