p-Index From 2021 - 2026
0.408
P-Index
This Author published in this journals
All Journal Jurnal Akta
Sri Wahyuni, Windy
Unknown Affiliation

Published : 2 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 2 Documents
Search
Journal : Jurnal Akta

Navigating Statelessness: Legal Consequences of Divorce in Mixed Marriages Involving Rohingya Refugees Ade Putri, Elfirda; Sri Wahyuni, Windy
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.50325

Abstract

This study aimed to examine how Indonesian Private International Law (PIL) addresses the legal vacuum arising from the inapplicability of the nationality principle (lex patriae) in divorce proceedings involving mixed marriages between Indonesian citizens and stateless Rohingya refugees, and to analyze the legal consequences with respect to child custody, division of joint property, and children’s citizenship status. The research method employed was normative juridical research, utilizing statutory, conceptual, and doctrinal approaches combined with grammatical, systematic, and teleological interpretive methods, as well as deductive legal reasoning. The novelty of this research lies in its systematic doctrinal construction of a conflict-of-laws framework applicable to stateless persons within Indonesian PIL, demonstrating how the convergence of lex domicilii, lex fori, and the public policy doctrine collectively resolves the normative gap produced by statelessness. Based on the findings, it can be concluded that the absence of nationality is resolved by substituting lex patriae with the domicile principle (lex domicilii), which in practice converges with lex fori, enabling Indonesian courts to apply the Marriage Law and the Compilation of Islamic Law as lex causae. Child custody is determined by the best interests of the child, joint marital property is divided equitably, and children born from such marriages automatically acquire Indonesian citizenship pursuant to the ius sanguinis principle under Law No. 12 of 2006. Despite substantive legal protection being guaranteed de jure, practical enforcement challenges persist, necessitating stronger administrative and institutional support for effective access to justice.
Land Acquisition Policy for Public Interest from a Human Rights Perspective Rafiqi, Rafiqi; Sri Wahyuni, Windy
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.50685

Abstract

This article examines land acquisition policies for public interest from a human rights perspective. Although land acquisition is essential for national development, its implementation often generates agrarian conflicts and potential violations of land rights. This situation reflects the tension between development objectives and the obligation to protect the rights of affected communities. This study aims to analyze the conformity of land acquisition policies for public interest with human rights principles and to assess legal protection for affected communities. It also seeks to formulate recommendations for land acquisition policies that promote justice and ensure the respect and protection of human rights. This research adopts a normative legal method using statutory, conceptual, and human rights approaches. The study is based on a literature review of laws and regulations, legal doctrines, court decisions, and national and international human rights instruments related to land acquisition. What The main findings of this study indicate that land acquisition policies for public interest in Indonesia tend to emphasize procedural legality rather than substantive justice, particularly in protecting the rights of affected communities. The research reveals that limitations in meaningful participation and fair compensation weaken human rights protection. The novelty of this study lies in positioning human rights principles as substantive evaluative benchmarks for land acquisition policies, offering an original contribution to strengthening agrarian justice within the existing legal framework.