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All Journal Jurnal Ilmiah Penegakan Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum KRTHA BHAYANGKARA Journal of Law, Poliitic and Humanities HUMANIORASAINS
Sonny Dewi Judiasih
Unknown Affiliation
Arts Humanities Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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PERKAWINAN PASANGAN BEDA AGAMA PASCA SURAT EDARAN MAHKAMAH AGUNG NOMOR 2 TAHUN 2023 Afifa Khairunnisa; Sonny Dewi Judiasih; Betty Rubiati
Jurnal Humaniora dan Sosial Sains Vol. 1 No. 2 (2024)
Publisher : Pojok Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Indonesia, with its many religions, certainly provides opportunities for interfaith marriages, coupled with the absence of laws and regulations that explicitly prohibit interfaith marriages. The issuance of SEMA Number 2 of 2023 prohibits judges from granting applications for registration of interfaith marriages, thus closing the opportunity for the registration of interfaith marriages that have been determined in advance by the court. This study aims to ensure the validity of marriages of couples of different religions after the issuance of SEMA Number 2 of 2023 and the acquisition of legal protection for children born from marriages of couples of different religions whose ratification is rejected by the court based on the relevant laws and regulations. The validity of interfaith marriages is reviewed from Article 2 paragraph (2) of the Marriage Law that its implementation is based on each person's religion. The implementation of marriage registration has been prohibited by SEMA Number 2 of 2023. The absence of marriage registration has several negative impacts on the children born, namely the child's position becomes illegitimate, difficulty in meeting the administrative requirements for birth registration, and uncertainty in choosing their own religion for the child because it affects the lineage of their parents.
MEMAKNAI KEMBALI KANTOR URUSAN AGAMA: PENCATATAN PERKAWINAN UNTUK SEMUA AGAMA DI KUA INKLUSIF Meliesa Permatahati; Sonny Dewi Judiasih; Hazar Kusmayanti; Deden Sumantry
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i1.6027

Abstract

Marriage data disparity between marriage registration agency and the people reluctivity to register their marriage due to inaccessibility of Civil Registration Office are few marriage registration problems in Indonesia, therefore the Ministry of Religion brought the idea to provide services for all religions through KUA Inklusif. The main concern in this article is the authority and the possibility of KUA as a one-stop service for all religion marriage registration. This research uses a normative juridical approach method by examining library materials or secondary data. This research is descriptive analytical, describing the applicable laws associated with legal theories and the implementation related to the problems to be studied. KUA is under the auspices of the Directorate General of Islamic Community Guidance, one of whose functions is to carry out marriage registration for the Muslim community so that the KUA is not authorized to carry out marriage registration for other religions
Penyelesaian Sengketa Adat Melalui Kerta Desa Pada Masyarakat Desa Adat Di Bali Berdasarkan Asas Perdamaian ., Karwiyah; Sonny Dewi Judiasih; Hazar Kusmayanti
Jurnal Ilmiah Penegakan Hukum Vol. 12 No. 1 (2025): JURNAL ILMIAH PENEGAKAN HUKUM JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/jiph.v12i1.14292

Abstract

This study aims to examine the role of customary villages in Bali in resolving customary disputes through kerta dea based on the principle of peace. The problem is focused on exploring the implementation based on the practice of village clerks in resolving disputes or customary violations that cause imbalances, so as to bring the reality that there are other dispute resolution systems in addition to formal courts. In order to approach this problem, it is necessary to study using the customary delicacies approach and dispute resolution. The data were collected through a normative juridical approach method, the research specification is descriptive analytical by describing the settlement of customary disputes through kerta desa in Balinese traditional villages based on the principle of peace associated with related regulations, legal theories, and customs. This study concludes that villages in Bali are differentiated from traditional villages and official villages. Village authorities, including customary villages, can carry out the function of dispute resolution as affirmed in the provisions of Article 103 letters (d), (e), and (f) of the Village Law. Kerta desa as the implementation of customary village authority can help as a prajuru partner institution or customary village management carry out the function of resolving customary disputes. Dispute resolution through village clerks is carried out with provisions and stages regulated in the type of pararem of Tata Titi Panepas Wicara and prioritizes peace in accordance with the principle of druwenang sareng-sareng, in Article 37 paragraph (2) of the Customary Village Regulation in Bali.
The Inconsistencies in Efforts to Realize Gender Equality Towards the Roles of Husband and Wife to Fulfill Economic Needs in Relation to Positive Law in Indonesia Nur Hasanah Ariyanti; Sonny Dewi Judiasih; Nyulistiowati Suryanti
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.858

Abstract

: Gender equality is one of the human rights issues that until now still cannot be realized properly, including in marriage. Gender injustice in marriage scope arises due to the existence of differences in roles, rights, and obligations between husband and wife. These differences have a significant impact on the role and freedom of wives in the public sector, particularly in their efforts to fulfill the economic needs of their families. Gender injustice still occurs because there are inconsistencies in efforts to realize gender equality. Therefore, it became the author's concern because it hinders the realization of gender equality. This research used the method of normative juridical research by presenting supporting data in the form of interviews with several wives who have dual roles as housewives and breadwinners in the industrial located in Solokan Jeruk, Bandung Regency and shoe craft centers located in Cibaduyut, Bandung City. The results show that there are inconsistencies in efforts to realize gender equality in the scope of marriage related to fulfilling family economic needs, that is, inconsistencies in efforts to realize gender equality in marriage law in Indonesia, between marriage law and other positive laws, and positive laws and  implementation in real life.
Judges' Considerations in the Determination of Marriage Dispensation in Court as a Form of Protection of Children's Rights Dina Triana Febriana; Sonny Dewi Judiasih; Djanuardi
KRTHA BHAYANGKARA Vol. 19 No. 2 (2025): KRTHA BHAYANGKARA: AUGUST 2025
Publisher : Fakultas Hukum Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/krtha.v19i2.3778

Abstract

Marriage is the right of every human being to build a family. To provide protection to each party, the state through the government stipulates the Marriage Law as a regulation to create order. So that people who want to get married are required to fulfill the requirements and provisions in the Marriage Law, so that marriage can be said to be legal in religion and the state. The research method used is the juridical-normative method with descriptive-analytical research specifications, with the data collection technique used, namely library document studies. The results of the study include that the judge in determining whether to grant or refuse to grant marriage dispensation to children who will enter into marriage underage is based on consideration of all aspects, both positive and negative impacts of the determination of marriage dispensation. Therefore, the judge carefully considers the best interests of the child and the aspect of danger or disadvantage to the child if the underage marriage is allowed to take place, and also the danger or disadvantage that will arise if the application for dispensation to marry the child is rejected.
Co-Authors ., Karwiyah Afifa Khairunnisa Betty Rubiati Deden Sumantry Dina Triana Febriana Djanuardi Hazar Kusmayanti Meliesa Permatahati Nur Hasanah Ariyanti Nyulistiowati Suryanti