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Keabsahan Pencatatan Perkawinan Beda Agama Antar Warga Negara Indonesia yang Dilakukan di Luar Negeri Afifah, Dashilfa; Pranitiaz, Laras Medina; Dewanti, Tyur Regina; Sukma, Nina Fitria; Naufal, Abyan Hafizd; Ramadhani, Dwi Aryanti
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11534715

This research aims to assess the validity of interfaith marriages between Indonesian citizens conducted abroad based on Law Number 1 Year 1974 on Marriage. In addition, this study also evaluates whether interfaith marriages between Indonesian citizens abroad can be considered as a form of legal smuggling in the perspective of International Civil Law. The approach used is normative juridical research, which utilizes secondary legal sources, consisting of primary, secondary, and tertiary legal materials. The data collection method is done through literature study. Based on the results of the research, it is found that interfaith marriages between Indonesian citizens abroad are considered invalid according to the UUP because they violate the provisions of Article 2 paragraph (1), which states that marriage is valid if it is carried out according to the laws of each religion and belief. Therefore, such interfaith couples often use Article 56 as a basis to solemnize marriages abroad and then record them in Indonesia in order to fulfill administrative requirements in accordance with the UUP. According to the rules of International Civil Law, a marriage is performed under the law of the place where the marriage takes place. However, in the context of Indonesian law, this practice is often considered a form of legal smuggling against Article 2 paragraph (1) of the UUP, as couples avoid the restrictions of national law by marrying abroad. Thus, although legally valid in the country where the marriage was performed, the interfaith marriage is not recognized as valid under the UUP without re-registration in Indonesia.

Maraknya Tenaga Kerja Asing Ilegal di Indonesia Sebagai Akibat Lemahnya Pengawasan Ketenagakerjaan Pranitiaz, Laras Medina; Wibowo, Hanifah Fairuz; Putri, Nasywa Awalia; Dewanti, Tyur Regina; Prasetyo, Handoyo
Media Hukum Indonesia (MHI) Vol 2, No 2 (2024): June
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.11779827

The existence and increase in the quantity of Foreign Workers (TKA) in Indonesia has given rise to a lot of debate that has spread in society, especially for workers. So that in certain conditions it can actually give rise to various problems, including violations of the residence and work permits of foreign workers, often in their passports it is written that the permission given by the Indonesian government and immigration authorities is for them to work as foreign workers in Indonesia. position and certain period of time, not just as a tourist. The research conducted by the author is a type of normative juridical research. Normative law focuses on legal concepts, principles and legal rules. Normative legal research focuses on positive legal norms such as statutory regulations. Apart from that, in principle this research also comes from secondary legal materials.. The research results show that the influx of foreign workers (TKA) into Indonesia hampers economic growth, reduces employment opportunities, and reduces the wage level of local workers. Law enforcement is carried out by checking, inspecting and providing sanctions for TKA violations. Administrative sanctions in the form of a fine of IDR 6-36 million in accordance with PP No. 34 of 2021. Apart from that, the sanction for illegal foreign workers is in the form of deportation. Preventive and educational efforts are carried out through outreach to companies regarding the rules for employing foreign workers.

Perlindungan Hukum Terhadap Pekerja Migran Indonesia di Luar Negeri Yadila, Natasya; Elia Julio, Christopher; Wicaksana, Dika Hikmah; Pranitiaz, Laras Medina
Media Hukum Indonesia (MHI) Vol 2, No 3 (2024): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.12200629

The 1945 Constitution of the Republic of Indonesia guarantees equal rights and opportunities for all citizens to obtain employment and a decent livelihood. The lack of job opportunities within the country has driven many Indonesians to seek employment abroad as migrant workers. The Indonesian government strives to protect the rights of migrant workers through various policies and laws, including Law No. 39 of 2004 and Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers.This study aims to examine the legality and legal protection for Indonesian migrant workers abroad. The method used is normative legal research with an analysis of primary, secondary, and tertiary legal materials. The results indicate that although the number of migrant workers has significantly increased in recent years, many are unaware of the legal procedures and fall victim to exploitation and human rights violations.The legal protection provided encompasses various aspects, such as basic rights, safety, health, wages, and social security. These protection principles are based on the principles of integration, equal rights, recognition of human dignity, democracy, social justice, gender equality, non-discrimination, anti-human trafficking, transparency, accountability, and sustainability. To enhance the effectiveness of protection, it is necessary to increase legal awareness and compliance with legal procedures by both migrant workers and related institutions

Pelanggaran Kode Etik Profesi Advokat Dalam Ruang Sidang Melalui Peristiwa Pemukulan Hakim oleh Desrizal Chaniago Pranitiaz, Laras Medina; Lewoleba, Kayus Kayowuan
Media Hukum Indonesia (MHI) Vol 3, No 3 (2025): September
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.15637832

As a basic guideline, the code of ethics of the advocate profession regulates the behavior and integrity of advocates, especially when carrying out their duties in the courtroom. Advocates have an important role in upholding justice, so they are required to uphold professional ethics in order to maintain the authority of the judiciary. However, in reality, violations of the code of ethics continue to occur, as seen in the incident of the beating of a judge by advocate Desrizal Chaniago which has drawn public attention and tarnished the image of the judicial world. This study aims to examine the provisions of the code of ethics of the advocate profession that regulate the behavior of advocates in the courtroom, as well as to analyze the mechanism for enforcing the code of ethics against violations committed by advocates, focusing on the case of the beating of a judge by Desrizal. This study uses a normative juridical method with a statutory approach and case studies. The results of the study show that Law Number 18 of 2003 concerning Advocates and the Indonesian Advocate Code of Ethics stipulate strict regulations on the behavior of advocates in the courtroom. Desrizal's actions in committing violence against a judge are subject to criminal penalties under Article 212 Jo. Article 351 paragraph (1) of the Criminal Code and sentenced to six months in prison.

Protection Of Domestic Workers In A Comparison Of The Laws Of Indonesia And The Philippines Pranitiaz, Laras Medina; Citraresmi Widoretno Putri
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2633

Domestic Workers (DWs) are a group that is vulnerable to rights violations and exploitation. ILO Convention No. 189 regulates protection standards for DWs, but its implementation is limited because not all countries have adopted these provisions. In Indonesia, the absence of clear regulations has led to a legal vacuum and weak protection of the rights of DWs. In contrast, the Philippines has specific regulations through the Kasambahay Law, which provides more comprehensive protection. The purpose of this study is to review the forms of legal protection for DWs in Indonesia and the Philippines and to examine the impact of the legal vacuum in Indonesia. The method used is normative juridical with a conceptual and comparative approach. The results of this study show that Indonesia still lags far behind the Philippines in providing protection for DWs. This condition reflects the need for concrete efforts by the Indonesian government to reform the existing system by adopting the best practices implemented in the Philippines to strengthen the national legal framework, reduce violations, and improve the welfare of DWs.

Protection Of Domestic Workers In A Comparison Of The Laws Of Indonesia And The Philippines Pranitiaz, Laras Medina; Citraresmi Widoretno Putri
Journal of Law, Politic and Humanities Vol. 6 No. 1 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v6i1.2633

Domestic Workers (DWs) are a group that is vulnerable to rights violations and exploitation. ILO Convention No. 189 regulates protection standards for DWs, but its implementation is limited because not all countries have adopted these provisions. In Indonesia, the absence of clear regulations has led to a legal vacuum and weak protection of the rights of DWs. In contrast, the Philippines has specific regulations through the Kasambahay Law, which provides more comprehensive protection. The purpose of this study is to review the forms of legal protection for DWs in Indonesia and the Philippines and to examine the impact of the legal vacuum in Indonesia. The method used is normative juridical with a conceptual and comparative approach. The results of this study show that Indonesia still lags far behind the Philippines in providing protection for DWs. This condition reflects the need for concrete efforts by the Indonesian government to reform the existing system by adopting the best practices implemented in the Philippines to strengthen the national legal framework, reduce violations, and improve the welfare of DWs.

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