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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Jurnal Esensi Hukum Socius: Social Sciences Research Journal Media Hukum Indonesia (MHI)
Sapanah, Mawar
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Religion Arts Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice

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Analisis Hukum Sebagai Agen Pengendali Sosial Dalam Masyarakat Ditinjau Dari Sosiologi Hukum Sapanah, Mawar
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.11667085

Abstract

This article aims to fulfill the final exam assignment of the semester, the fourth semester of Law and society taught by lecturer Kayus Kayowuan Lewoleba S.H,.M.H. as well as additional knowledge for us about the importance of law, from the perspective of legal sociology, as a means of social control in society. the method used by the author is Normative legal research, often known as normative juridical research, is the methodology used. Normative juridical research method is a type of legal research conducted solely using secondary data or library materials. The purpose of this research is to collect relevant sources in the form of theories, conceptions, legal guidelines, and legal principles. The author takes data collection through library research, namely research sources in the form of reading journals and books that discuss with Law can control human behavior, which is why law is called a social control agent. This action can be considered a positive action because it deviates from the law. Therefore, the law has the authority to punish or penalize individuals who violate the law (offense). This implies that in order for society to achieve peace together, the law must play a role in guiding members of society to act and behave in accordance with the law.
Perlindungan Hak Konstitusional Pemohon Dalam Proses Pengujian Undang-Undang oleh Mahkamah Konstitusi Republik Indonesia Sapanah, Mawar; Mufidah, Putri; Faridah, Shafa Fauziyyah Nur; Busroni, Rania Syifa
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

Abstract

The Constitutional Court of the Republic of Indonesia was established as an institution tasked with upholding the supremacy of the Constitution and protecting the constitutional rights of citizens. One of its primary authorities is the judicial review of legislation against the 1945 Constitution of the Republic of Indonesia. This article examines the procedural mechanisms of the Constitutional Court in safeguarding the constitutional rights of petitioners, and to what extent these procedures ensure the fulfillment of the right to justice. Utilizing a normative legal method, this study reveals that although the procedural law of the Court is designed to uphold the principles of fairness and accessibility, significant challenges remain in ensuring optimal protection for petitioners. While the Court’s decisions are final and binding, granting them strong legal force, their implementation and impact on legislative reform still require robust institutional support.
Implementasi Kebijakan Dispensasi Nikah Sebagai Tantangan Struktural Terhadap Pemberdayaan Perempuan Untuk Mewujudkan SDGs Nomor 5 Islami, Diajeng Dhea Annisa Aura; Wulandari, Diah Ayu; Sapanah, Mawar; Amelia, Dean Putri; Ramadhani, Dwi Aryanti
Esensi Hukum Vol 7 No 1 (2025): Juni - Jurnal Esensi Hukum
Publisher : Fakultas Hukum Universitas Pembangunan Nasional "Veteran" Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35586/esensihukum.v7i1.495

Abstract

This study critically examines the implementation of marriage dispensation policies in Indonesia and their implications for women's empowerment, particularly in the context of achieving Sustainable Development Goal (SDG) 5 and its target 5.3, which emphasizes the elimination of child marriage. Although Indonesia revised the minimum legal age of marriage to 19 for both men and women through Law No. 16 of 2019, the continued application of marriage dispensations, as permitted under Article 7(2) of the Marriage Law and further regulated by Supreme Court Regulation No. 5 of 2019, still legitimizes early marriage based on the broadly interpreted notion of "urgent necessity." Employing a normative juridical methodology, this study utilizes secondary data comprising statutory regulations, legal doctrines, judicial decisions, and relevant international instruments. This analysis is further supported by an empirical case study involving the marriage of two junior high school students in Pemalang Regency, which illustrates the real-world implications of these policies. The findings reveal that legal ambiguities and insufficient oversight within the dispensation framework perpetuate the practice of child marriage, thereby restricting girls’ access to education, healthcare, and economic opportunities. Using a feminist legal approach and a child rights-based perspective, this study underscores the urgent need for legal reform, gender-responsive policy development, and cross-sectoral collaboration to eliminate child marriage. The study contributes to strengthening Indonesia's national legal framework in fulfilling its global commitment to achieving a gender-equitable development agenda.
Peran World Trade Organization WTO Dalam Penyelesaian Sengketa Perdagangan Internasional Sapanah, Mawar
Media Hukum Indonesia (MHI) Vol 4, No 1 (2026): March
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17844160

Abstract

The World Trade Organization (WTO) is an international trade organization that plays an important role in regulating, facilitating, and resolving trade disputes between countries. This study aims to understand the role of the WTO in resolving international trade disputes and to examine the dispute settlement mechanisms that apply within the WTO framework. The research uses a normative juridical method by examining secondary data in the form of literature, journals, scientific articles, and relevant international legal provisions. The results of the study show that the WTO has two main roles in dispute settlement, namely a legislative role through the regulation of various international trade agreements and an adjudicative role through consultation forums, panels, appellate bodies, and the implementation of decisions. The WTO dispute settlement mechanism is implemented through consultation, panel formation, panel report ratification, appeal process, and implementation of decisions by member countries. With this mechanism, the WTO is able to provide legal certainty and encourage the creation of an orderly, transparent, and fair global trading climate.
Peran Hukum Pidana Internasional dalam Penanggulangan Tindak Pidana Terorisme Azzahra, Fatimah; Sapanah, Mawar; Amelia, Dean Putri; Tetrya, Selvi
Socius: Jurnal Penelitian Ilmu-Ilmu Sosial Vol 3, No 4 (2025): November
Publisher : Penerbit Yayasan Daarul Huda Kruengmane

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17700758

Abstract

Terrorism is a form of international crime that poses a serious threat to global security and peace, which can have an impact that violates fundamental human rights. Terrorism is characterized by its transnational, organized nature and cross-border networks, which necessitates a well-coordinated international legal response at both the national and international levels. This study aims to determine and analyze how the principles of international criminal law are applied in combating terrorism and to identify the challenges of harmonizing national law with international law in combating transnational terrorism. The research method used is normative juridical. The results of the study show that the application of international criminal law principles, including universal jurisdiction and the role of the International Criminal Court (ICC), is important in ensuring that perpetrators of terrorism do not escape legal responsibility. However, in harmonizing national law with international law, there are still differences in the definition of terrorism, legal systems, and state sovereignty.
Plea Bargaining and Indonesia’s Special Track Under The New KUHAP: A Comparative Study with United State Sapanah, Mawar; Lewoleba, Kayus Kayowuan
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.64931

Abstract

The increase in criminal cases, the length of the judicial process, and the overcrowding of correctional institutions have prompted the need for reform of criminal procedure law in Indonesia. One of the breakthroughs adopted in the New Criminal Procedure Code (KUHAP) is the mechanism of guilty pleas through the Special Track, which is conceptually similar to plea bargaining as applied in the United States criminal justice system. This study aims to analyze the comparison between the plea bargaining mechanism in the United States and the Special Track in Indonesia's New KUHAP, as well as to examine the implications of adopting elements of plea bargaining on the protection of the principle of due process of law and the application of the principles of swift, simple, and inexpensive justice. The research method used is normative juridical with a legislative, comparative, and conceptual approach, supported by a literature study of primary, secondary, and tertiary legal materials. The results of the study show that although both mechanisms have the same objective, namely the efficient resolution of criminal cases, there are fundamental differences in their structure, scope of negotiation, and the role of judges. The Special Track in the New Criminal Procedure Code places judges as the main controllers of the guilty plea process, thereby potentially strengthening the protection of due process of law. However, without clear technical regulations and strict judicial oversight, this mechanism risks putting pressure on defendants and reducing their right to a fair trial.
Co-Authors Amelia, Dean Putri Busroni, Rania Syifa Diah Ayu Wulandari, Diah Ayu Faridah, Shafa Fauziyyah Nur Fatimah Azzahra Islami, Diajeng Dhea Annisa Aura Kayus Kayowuan Lewoleba Mufidah, Putri Ramadhani, Dwi Aryanti Tetrya, Selvi