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Adawiyah, Rodiatun
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Journal : International Journal of Business, Law, and Education

 1 
Juridical Analysis of the Comparison of Different Religious Marriage Laws Based on the Adminduk Law Article 35 with SEMA No 2 Years 2023 Concerning Marriage Registration Lumbantoruan, Sahala; Isnainul, Ok; Adawiyah, Rodiatun
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.764

Abstract

Interfaith marriage is an issue that has not been resolved to date. In current practice in Indonesian society, interfaith marriage processions are generally carried out by carrying out the marriage with a religious procession each of which is followed by the prospective husband and wife or in the sense that there are two religious processes being carried out or only carrying out one religious procession or what generally happens is not carrying out religious processions at all so that it does not comply with Article 2 paragraph (1) of the Marriage Law regarding valid marriages. The legal research method used in this research is normative juridical research which is research carried out or aimed only at written regulations with the nature of descriptive analysis research which is a method that functions to describe or provide an overview of the object being studied. The data source used is secondary data with quantitative data analysis. The results of this research are the Hierarchy of Legislation in Indonesia. If it is related to the Civil Admin Law Article 35 with SEMA Number 2 of 2023, the legal force of SEMA has a lower hierarchy than the law. Therefore, it can be concluded that the provisions contained in the Administer Law cannot be changed by SEMA Number 2 of 2023. However, this SEMA still influences the direction for judges not to grant requests for inter-religious marriages.
Legal Protection for Cooperatives Whose Customers Commit Breach of Contract: Study of Decision Number 293/Pdt.G/2021/PN MDN Safira, Titania Melinda; Adawiyah, Rodiatun
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1095

Abstract

This study aims to analyze the legal considerations taken by judges in cases of breach of contract (default) by customers against cooperatives, based on Decision Number 293/Pdt.G/2021/PN Mdn, and to identify appropriate legal measures that can be pursued by cooperatives in resolving such cases. The research employs a normative legal method with a case study approach. Data were collected through a literature review and analyzed using a descriptive-analytical method. The findings reveal that the judge's considerations are influenced by several factors, including the terms of the contractual agreement, the supporting evidence submitted by the parties, and the contextual impact of the COVID-19 pandemic. In dealing with cases of default, cooperatives may adopt persuasive measures and engage in alternative dispute resolution mechanisms. This study contributes theoretically to the field of legal studies, particularly in understanding judicial reasoning in civil cases, and provides practical insights for cooperatives in managing contractual disputes effectively.
Settlement of Consumer Disputes According to Law Number 8 of 1999 Reviewed Based on Business Competition Law Smith, Anita Felicia; Adawiyah, Rodiatun; Ivana, Ivana; Armaini, Agus
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1096

Abstract

The Consumer Dispute Settlement Agency (BPSK) holds the authority to resolve consumer disputes through non-litigious means in accordance with Law Number 8 of 1999 concerning Consumer Protection and its implementing regulations. The operational framework of BPSK is explicitly governed by the Minister of Industry and Trade Decree Number 350/MPP/Kep/12/2001. This study aims to analyze the authority and procedures employed by BPSK in resolving consumer disputes, with a particular focus on the BPSK Lubuklinggau City Decision Number: 002/P.Arbitrase/Bpsk-Llg/IV/2021. Employing a normative juridical research approach, this study reviews relevant literature on Consumer Protection Law and Electricity Law. The findings indicate that the authority and resolution process of BPSK require two essential elements: the existence of consumer losses and that such losses arise from the consumption of goods or services provided by business actors. Furthermore, the Lubuklinggau City BPSK Decision Number: 002/P.Arbitrase/Bpsk-Llg/IV/2021 is found to contain formal deficiencies. It is recommended that revisions and harmonization of Law Number 8 of 1999 and other related regulations be undertaken to enhance legal clarity and effectiveness.
Legal Analysis of Article 3 Paragraph (1) and Article 2 Paragraph (1) of Law Number 20 of 2001 Concerning Amendments to Law Number 31 of 1999 on the Eradication of Corruption: A Study of Supreme Court Decision Number 1481 K/Pid.Sus/2018 Sitepu, Syahnisura E Tuahta; Adawiyah, Rodiatun; Ginting, Deraldo Natalino
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1099

Abstract

This resea.rch a.na.lyzes the a.pplica.tion of A.rticle 3 Pa.ra.gra.ph 1 a.nd A.rticle 2 Pa.ra.gra.ph 1 of La.w Number 20 Yea.r 2001 concerning the A.mendment to La.w Number 31 Yea.r 1999 concerning the Era.dica.tion of Corruption, pa.rticula.rly through a. ca.se study of the Supreme Court Decision Number 1481 K/Pid.Sus/2018. The study a.ims to delve into judicia.l considera.tions in deciding corruption ca.ses a.nd contribute to the development of concepts a.nd theories of justice in Indonesia.n crimina.l la.w. The method used is a. norma.tive juridica.l a.pproa.ch with descriptive- a.na.lytica.l methods. The findings of this resea.rch indica.te tha.t the Supreme Court's decision is in a.ccorda.nce with existing provisions, unlike the decisions of the District Court a.nd High Court which were not ba.sed on clea.r lega.l provisions, na.mely A.rticle 12 letter e combined with A.rticle 12 A. Pa.ra.gra.ph (2) of La.w Number 31 Yea.r 1999 Jo La.w Number 20 Yea.r 2001 concerning the Era.dica.tion of Corruption, which stipula.tes a. minimum imprisonment of 4 (four) yea.rs a.nd a. ma.ximum of 20 (twenty) yea.rs. This discrepa.ncy ha.s rendered the District Court a.nd High Court decisions inconsistent with a.pplica.ble la.w
Legal Review of the Validity of a Power of Attorney to Sell as an Executorial Guarantee in a Breach of Performance Case : Case Study of Batang District Court Number 64/Pdt.G.S/2022/PN.Btg Edward, Edward; Adawiyah, Rodiatun
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1170

Abstract

The power of attorney to sell is frequently employed as an alternative form of security in debt agreements outside of formal collateral mechanisms. Nonetheless, in practical application, such powers of attorney are often misused and treated as executorial guarantees, leading to legal complications when execution is attempted. This study seeks to assess the legal validity of a power of attorney to sell when used as an executorial guarantee in cases of default, and to evaluate the legal reasoning employed by the judges of the Batang District Court in Decision Number 64/Pdt.G.S/2022/PN.Btg. A normative juridical method was utilized, incorporating a statutory and case-based approach. Data were collected through literature reviews and judicial decision analyses and were examined using qualitative methods. The findings demonstrate that a power of attorney to sell cannot be equated with executorial collateral instruments such as mortgage or fiduciary security, as this contravenes the foundational principles of collateral law in Indonesia. The Batang District Court adjudicated that the said power of attorney lacked executorial force and thus required a civil lawsuit mechanism to execute the sale of the collateral. This judgment aligns with the principles of legal prudence and debtor protection, preventing potential abuse of legal authority. Accordingly, the use of a power of attorney to sell must be contextualized within its proper legal function and should not be construed as a substitute for executorial guarantees.
Application of Provisions on Restorative Justice in Criminal Acts of Domestic Violence: A Study of Decision Number 56/PID.SUS/2020/PN BDW Kwekdinata, Winson; Fernando, Fernando; Adawiyah, Rodiatun
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1282

Abstract

The resolution of criminal acts through restorative justice, as demonstrated in Decision Number 56/Pid.Sus/2020/PN BDW, provides an alternative mechanism for handling criminal cases, including complaint-based offenses. Although reconciliation was achieved between the defendant and the victim-witness, the defendant was nevertheless found guilty and sentenced to three months of imprisonment. The central issue examined in this study is whether the application of restorative justice in domestic violence cases aligns with Law Number 23 of 2004 and whether the judicial decision is consistent with prevailing legal standards. This research employs a normative and descriptive-analytical approach based on secondary data. The findings indicate that the application of restorative justice in this case adheres to the procedures outlined in the Decree of the Director General of the General Courts No. 1691/DJU/SK/PS.00/12/2020. Despite reconciliation and the withdrawal of the complaint, such actions do not eliminate the defendant’s criminal liability. Although the court ruled that the defendant was not required to serve the prison sentence, the researchers argue that reconciliation achieved through restorative justice should not merely serve as a mitigating factor but should instead form the legal basis for exemption from punishment. Moreover, the regulatory framework for resolving domestic violence cases through restorative justice should be developed in greater detail. When a domestic violence case fails to meet the formal requirements for restorative justice, the conventional criminal justice process should apply.
Co-Authors Andreas, Martua Arif Prasetyo, Muhammad Armaini, Agus Arta Yanda Rajagukguk, Wisnu Damanik, Stevi Idhel Wheis Edward, Edward Elvira Fitriyani Pakpahan Enintha Pandia, Eunike Fernando Fernando, Fernando Ginting, Deraldo Natalino Ginting, Haganta Filemon Gokman Lumbantungkup, Hebri Hanuring Ayu Ardhani Putri Heriyanti Heriyanti, Heriyanti Isnainul, OK Ivana, Ivana Kamal, Julius Kwekdinata, Winson Lubis, Andi Hakim Lubis, Duma Indah Sari Lubis, Ikhsan Lumbantoruan, Sahala Muhammad Arif Prasetyo Nasution, Farah Hanifah Novianty, Jeannifer Ongko , Eric Ramadhana, Widodo Reiforman Waruwu, Tata Roymond Eygia, Migel Safira, Titania Melinda Sembiring, Josua Pramana Adika Siahaan, Efelyn Theresia Siregar, Taufik Sitanggang, Dameria Sitepu, Syahnisura E Tuahta Smith, Anita Felicia Timoteus, Nardo Wibowo, Stefani Willy Tanjaya Yoshinaga, Yoshinaga