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Wardhani, Sri Pramudya
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Analysis of Child Custody Following Divorce Caused by Apostasy Under Positive Law and Islamic Legal Frameworks (Case Study: Case No. 1189/Pdt.G/2023/PA.Tnk) Antonio, Brian; Wardhani, Sri Pramudya
Journal of Law and Economics Vol. 4 No. 2 (2025): NOVEMBER
Publisher : Yayasan Kawanad

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56347/jle.v4i2.328

Abstract

This study examines the Tangerang Religious Court's ruling in case number 1189/Pdt.G/2023/PA.Tnk, focusing on child custody disputes arising from apostasy within marital dissolution. The research investigates how Islamic civil law operates within Indonesia's judicial framework, particularly when religious conversion becomes a determining factor in custody arrangements. Employing a normative juridical approach alongside descriptive analytical methods, the investigation draws primary data from court rulings, trial documentation, and judicial reasoning articulated by the panel of judges. Secondary sources encompass statutory regulations, Islamic jurisprudence literature, scholarly journals, and pertinent reference materials. The theoretical foundation rests on Classical Islamic Law principles articulated by Imam Syafi'i, which address the legal implications of apostasy on marital bonds and parental rights, complemented by legal interpretation frameworks developed by Dr. Yahya Harahap, SH., MH., regarding procedural justice in religious courts. The research reveals tensions between protecting children's religious upbringing and applying established custody principles that typically favor maternal care for young children. Findings demonstrate how judges navigate between statutory law, Islamic jurisprudence, and the best interests of the child when apostasy disrupts conventional custody determinations.
Analisis Yuridis Kontradiksi Perlindungan Konsumen dalam Konflik Kepentingan Ekonomi Aplikasi Shopee Terhadap Pertanggungjawaban Hukumnya Otaviola, Elda; Wardhani, Sri Pramudya
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v11i1.63474

Abstract

The development of digital technology has created electronic trading platforms such as Shopee, which now dominates the e-commerce market in Indonesia with 53.22% of users. However, this has also raised legal issues related to consumer protection in online transactions. This study aims to analyze Shopee's non-compliance as a platform provider with its legal obligations under the Consumer Protection Law (UUPK) No. 8 of 1999 in guaranteeing consumer rights. In addition, this study also seeks to formulate Shopee's legal responsibility to ensure that consumers' rights to compensation and damages are fulfilled. The method used is normative juridical with a case study approach. The analysis is conducted on laws and regulations, particularly UUPK No. 8 of 1999 and Article 1367 of the Civil Code, as well as literature related to consumer protection and the theory of vicarious liability from Philipus M. Hadjon. The data was obtained through a literature study covering primary, secondary, and tertiary legal materials, as well as analysis of real cases from Media Konsumen Indonesia (Indonesian Consumer Media) that show a systematic pattern of responsibility avoidance by the platform. The research findings reveal that Shopee is not in compliance with the UUPK. This is evident from the lack of supervision of sellers, complicated and opaque refund procedures, and an internal dispute resolution system that tends to be unfair. These conditions violate Article 4 paragraph 8, Article 7, Article 8, and Article 19 of the UUPK. The contradiction between economic interests based on transaction commissions and consumer protection responsibilities causes platforms to tend to evade responsibility, even though they have full control over their operational systems. This study recommends the application of the principle of vicarious liability, based on Article 1367 of the Civil Code, with tiered sanctions. In addition, it is recommended to strengthen seller verification, establish a guarantee fund system, an independent dispute resolution mechanism, and proactive supervision. These steps are expected to balance digital economic innovation with effective consumer protection.
Analysis of Online Fraud Crimes in Buying and Selling Roblox Accounts on Social Media (Facebook) Based on the ITE Law Handayani, Safitri; Pramudya Wardhani, Sri
International Journal of Science and Environment (IJSE) Vol. 6 No. 1 (2026): February 2026
Publisher : CV. Inara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijse.v6i1.341

Abstract

The development of information technology and the increasing popularity of online games, particularly Roblox, have led to the emergence of the practice of buying and selling game accounts through social media such as Facebook. These transactions are generally conducted informally without adequate legal protection mechanisms, thus opening up opportunities for fraud. This study aims to analyze the types of fraud that occur in the buying and selling of Roblox accounts on Facebook and examine the criminal sanctions stipulated in "Law Number 1 of 2024 concerning Electronic Information and Transactions." Identifying the specific fraud schemes employed and evaluating the criminal penalties imposed by the ITE Law in relation to the concepts of legal protection and legal certainty are the primary concerns of this study. Using a literature review of laws, scientific publications, and other legal materials, this study follows a normative legal research methodology that draws on conceptual and statutory sources. The study findings indicate that the dominant fraud modes include social engineering, non-delivery fraud, the use of fake identities, and account reclaim, which result in material losses in the form of the loss of digital assets of economic value. In addition, the act fulfills the elements of a criminal act as regulated in "Article 28 paragraph (1), Article 30, Article 32, and Article 36 of the ITE Law". This study concludes that the ITE Law has provided a basis for legal certainty and legal protection for victims of digital transaction fraud, but it is still necessary to strengthen law enforcement and digital literacy in society.
Co-Authors Ade Hari Siswanto Alfiana, Rita Anatomi Muliawan Anna Triningsih Antonio, Brian Athina Kartika Sari Azis, Riska Amelia Bahrudin, Nurbaiti Bertha, Anna Budi Asri, Dyah Permata Citra, Lana Fadila Feriza, Gousta Fitria Olivia Handayani, Safitri Havivah, Indah Henry Arianto Hikmawati, Elok Horadin Saragih I Gede Hartadi Kurniawan Irmanjaya Thaher Lili Hastuti Mulyo Wiharto Nazah, Farida Nurun Nurhayani nurhayani Otaviola, Elda Putri, Saskia Amalia Rahmadani, Adhining Prabawati Rahmahani, Adhining Prabawati Riska Riska Sajali, Munawir Sri Redjeki Slamet Suprajogi, Agus Wasis Susetio Widiatno, Men Wih Zulfikar Judge