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All Journal JURNAL LITIGASI (e-Journal) Jurnal Akta Jurnal Wawasan Yuridika Jurnal Ius Constituendum Sociological Jurisprudence Journal Legal Standing : Jurnal Ilmu Hukum JURNAL USM LAW REVIEW International Journal of Health, Economics, and Social Sciences (IJHESS) IBLAM Law Review Journal Evidence Of Law SASI
Meliyani Sidiqah
Sekolah Tinggi Hukum Bandung, Indonesia
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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LEGAL VACUUM IN INTERFAITH MARRIAGE RULES IN INDONESIA Sidiqah, Meliyani
IBLAM LAW REVIEW Vol. 3 No. 1 (2023): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v3i1.119

Abstract

The legal vacuum regarding the rules of interfaith marriage was not something new. However, this matter has not been resolved by the Government of Indonesia. After the Marriage Law’s promulgation, the rules of interfaith marriages "disappeared", even though before the promulgation of the Marriage Law, interfaith marriages were regulated clearly and firmly. The phenomenon of interfaith marriage in society which was very difficult to avoid was an essential point of concern for the state to accommodate the rules regarding interfaith marriages. This article discussed the phenomenon of interfaith marriages in Indonesia and the legal rules of interfaith marriages before and after the promulgation of the Marriage Law. This article was the result of normative juridical research using the statutory approach method. The data used was secondary data consisting of primary legal materials, secondary legal materials, and secondary legal materials, which were collected from the literature and then analysed using qualitative analysis methods. Based on the research results, many Indonesian people still carry out interfaith marriages in Indonesia, and the rules of interfaith marriages formulated in the Marriage Law are inadequate. The Indonesian government must accommodate interfaith marriage arrangements in order to provide legal certainty to all people.
RELEVANSI KEBIJAKAN TPPA 2011 TERHADAP NEGARA-NEGARA ANGGOTA WTO DALAM PERDAGANGAN INTERNASIONAL Sidiqah, Meliyani
LITIGASI Vol. 23 No. 2 (2022)
Publisher : Faculty of Law, Universitas Pasundan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23969/litigasi.v23i2.5786

Abstract

Tobacco Plain Packaging Act (TPPA) 2011 is one of the laws enacted by Australia which is opposed by tobacco producing countries because it requires plain packaging of cigarettes and other tobacco products. The purpose of this research are to find out the relevance of the TPPA 2011 promulgated by Australia to the trade provisions in the WTO, and to find out the legal consequences for WTO members that have bilateral relation with Australia. The specifications of this research is descriptive. The type of research is normative juridicial research. The approach method is statute approach, and case aprroach. The data collection technique is through the study of primary, secondary and tertiary legal material which are analyzed using qualitative methods. The first result is, TPPA 2011 is not relevant to the trade provisions in the WTO. The second result is the WTO members that have bilateral relation with Australia must be willing to comply with the TPPA 2011. Keywords: Australia; cigarette plain packaging;TPPA 2011.
The Paradox of Tolerance, Freedom of Religion, and Moral Boundaries in Implementation of Human Rights Law Sidiqah, Meliyani
JURNAL AKTA Vol 12, No 4 (2025): December 2025
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.v12i4.50957

Abstract

The discussion of tolerance and religious freedom in Indonesia reveals a normative paradox: constitutional guarantees of human rights coexist with restrictive practices grounded in majority morality. While religious freedom is constitutionally guaranteed as a fundamental right tied to human dignity, Indonesian legal culture often enforces tolerance in a conditional, passive, or exclusive manner. This paradox shapes the complex interplay among religion, the state, and society, as the collective morality of dominant groups frequently becomes public morality, restricting minority rights. This article seeks to clarify how tolerance for religious freedom is constructed within Indonesian legal culture and to examine the moral boundaries that limit religious freedom. Using a normative juridical approach informed by interdisciplinary human rights law, legal philosophy, and moral philosophy, the research finds that tolerance in Indonesia is primarily passive and legitimized by majority morality. Dominant group values often become public morality without rational evaluation against universal human rights standards, resulting in asymmetric and exclusive restrictions on minorities. This research’s novelty lies in offering a normative framework that treats tolerance as a legal-philosophical issue and proposes reorienting moral boundaries toward universal human rights by strengthening active tolerance and public rationality, ensuring that religious freedom is not only normatively recognized but also meaningfully protected in Indonesia’s democratic and just legal culture.
Independence of Judges and Public Opinion Meliyani Sidiqah
Sociological Jurisprudence Journal Vol. 6 No. 2 (2023)
Publisher : Fakultas Hukum, Universitas Warmadewa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22225/scj.6.2.2023.133-143

Abstract

The research article titled "Independence of Judges and Public Opinion" delves into the intricate relationship between the freedom of judges and public opinion, two intangible yet impactful forces that shape the judicial landscape. The freedom of judges and public opinion are two things that cannot be seen, but both can be reflected. This freedom seems an absolute power in making decisions, even though this freedom still has limitations. Unfortunately, we cannot find the judge's standing point in the decision because the judge did not provide his arguments, making it difficult to identify whether the judge was influenced by public opinion or not. This article examined the relationship between the judge’s independence and the judge’s power in making decisions and the effects of public opinion on the judge’s independence. This article is a normative juridical research with interdisciplinary method research by using perspectives from other scientific disciplines that used to support discussions related to the problem which still use the law as a standpoint. This article discussed not only from a normative perspective, but other aspects such as sociology, culture, and psychology. The result of this research, the relationship between the judge’s independence and the judge’s power in making decisions must be maintained by the judge’s integrity, and public opinion as a long-life problem could affect the judges through pressure. There must be a regulation that orders the judges to provide the arguments according to the case which can be assessed by anyone, and surveillance according to the decision that has to give feedback to the judges itself. Besides, there must be an accountability system for the supervision of judges related to the contents of the decision, to society, people, organization, and state.
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