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All Journal Jurnal Akta Law Development Journal Indonesian Journal of Law and Justice SIYASI: Jurnal Trias Politica
Irda Nur Khumaeroh
Universitas Kartamulia Purwakarta
Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Protection for The Use of A Notary's Right of Refusal in Investigations Irda Nur Khumaeroh; Agus Prasetia Wiranto; M. Rizal Bagaskoro
JURNAL AKTA Vol 11, No 4 (2024): December 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i4.41370

Abstract

One of the responsibilities of a notary in carrying out his position in accordance with his obligations and promises of office is to keep everything about the deed he makes confidential. This writing, thus, aims to find out and analyze the procedures for using the rights and obligations of refusal by notaries in investigative examinations and the forms of legal protection for notaries who are examined in the criminal justice process. This research employed normative legal research methods emphasizing document study or library research. A normative juridical approach was carried out by reviewing and studying library materials in the form of statutory regulations relating to the problem under study. The notary's right of refusal applies relatively in the sense that if there are more specific rules that invalidate the right of refusal, the notary cannot exercise his right of refusal. The form of legal protection for notaries who are examined in the criminal justice process is contained in the UUJN (Act on Notary Position), in Article 66, stating that in carrying out a summons, law enforcement officials must request permission from the Notary Honorary Council. Legal protection, according to the Notary Honorary Council, is to supervise and inspect notaries so that they continue to walk the right path in accordance with the law; when a notary is summoned in a criminal case, the Notary Honorary Council has the authority to allow it to be examined or not.
Feminist Legal Theory on the Criminalization of Abortion for Rape Victims Irda Nur Khumaeroh; M. Rizal Bagaskoro
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.1008-1022

Abstract

In Indonesia, abortion is a complicated issue, caught between criminal charges, intense social stigma, and a health information system that's frustratingly murky and hard to navigate. Legally, the government only allows it in very specific cases: dire medical emergencies or pregnancies stemming from rape. This paper leans on Feminist Legal Theory to unpack all this—a framework that calls out how traditional law feels stamped with "masculine" traits, all cool-headed rationality, objectivity, abstract logic that often brushes aside what women actually go through. This study focuses on how the rules handle abortion for rape survivors and why it still gets hit with criminal labels, viewed squarely through that feminist legal lens. Using a normative juridical approach, literature and secondary data are analysed through both statutory and historical angles. The findings show that abortion for women rape victims in Indonesia is legally considered as acts punishable with criminal penalties. In the previous version of KUHP, abortion was regulated in Articles 299, 346, 347, 348, and 349. Amendment of these provisions then regulate legal abortion procedures through Law Number 1 of 2023 concerning the Criminal Code, Law Number 17 of 2023 concerning Health, and Government Regulation Number 61 of 2014. When abortion criminalization is analysed using feminist legal theory, particularly the radical feminism stream, the law still has not made women have equal legal protection. Criminalization of abortion against women can be analysed through the perspective of radical feminist theory encompassing: control over women's bodies, punishment of women's independence, stigma and misinformation, socio-economic inequality, dehumanization of women.
The Urgency of Law Enforcement for Sexual Violence Based on Law Number 12 of 2022 Irda Nur Khumaeroh; Muhamad Iqbal Ansori Firdaus; Angga Riswanto
Indonesian Journal of Law and Justice Vol. 3 No. 2 (2025): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/ijlj.v3i2.5293

Abstract

This study examines the regulatory construction of sexual violence crimes under Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law) and analyzes the urgency of effective law enforcement in Indonesia. The research applies a normative juridical method using historical and statutory approaches to explain the background, development, and legal framework of the TPKS Law. The historical approach traces the evolution of legal protection for victims of sexual violence, while the legislative approach analyzes the substance, structure, and systematic coherence of the law within the national legal system. The findings show that the TPKS Law consists of 12 chapters and 93 articles that comprehensively regulate sexual violence crimes. These provisions include general definitions, classifications of sexual violence, related criminal acts, investigation and prosecution procedures, and court examination mechanisms. The law also explicitly regulates the rights of victims, victims’ families, and witnesses, including protection, recovery, restitution, and access to justice. TPKS Law prioritizes integrated women/children protection services at national and local levels, plus prevention, coordination, oversight, and community involvement. It includes funding, global partnerships, transitional clauses, and final provisions, notably launching SPPT-PKKTP for women violence cases.  Within this system, victims are positioned as legal subjects with the right to be heard, informed of legal processes, considered in the pursuit of justice, and restored from the impacts of violence. This victim-centered orientation represents a shift toward restorative-justice. 
Politik Hukum Sistem Peradilan Pidana Indonesia dalam Perspektif Hukum Tata Negara Kontemporer: Legal Policy of the Indonesian Criminal Justice System from the Perspective of Contemporary Constitutional Law Irda Nur Khumaeroh; Muhamad Iqbal Ansori Firdaus; Angga Gustian Widodo; Fitri Khoirotunnisa; Tessa Marshandini Sofyan; Jalaludin
SIYASI: Jurnal Trias Politica Vol. 3 No. 2 (2025): Siyasi
Publisher : Prodi Hukum Tata Negara Fakultas Syariah dan Hukum UIN Sunan Gunung Djati Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/sjtp.v3i2.57877

Abstract

This study aims to analyze the legal politics of Indonesia's criminal justice system from the perspective of contemporary constitutional law and to formulate the direction of its transformation toward a democratic, accountable, and substantively just system. The study employs a normative-doctrinal legal method with statutory, conceptual, and case approaches. Legal materials were collected through systematic library research and analyzed qualitatively using legal interpretation, norm synchronization, legal construction, and deductive reasoning techniques. The findings reveal that Indonesia's criminal justice legal politics faces three mutually reinforcing structural deficits: a regulatory deficit stemming from disharmony among statutes, an integration deficit arising from institutional fragmentation among the police, prosecution, judiciary, and correctional subsystems, and an oversight deficit due to weak checks and balances mechanisms. A comparative analysis with Germany and the Netherlands demonstrates a significant gap in due process implementation and constitutional rights protection. Transformation must prioritize regulatory harmonization, strengthening the integrated criminal justice system, and establishing independent oversight mechanisms to ensure Indonesia's criminal justice system genuinely delivers constitutional justice for all citizens.
Co-Authors Agus Prasetia Wiranto Angga Gustian Widodo Angga Riswanto Fitri Khoirotunnisa Jalaludin M. Rizal Bagaskoro Muhamad Iqbal Ansori Firdaus Tessa Marshandini Sofyan