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All Journal Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Jurnal Hukum Indonesia
Sembiring, Idha Apriliana
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Arts Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Provision of Maintenance for Former Wives of Civil Servants According to Government Regulation No. 45 of 1990 Lingga, Anggi Salsha Musdalifa; Sembiring, Idha Apriliana; Barus , Utary Maharany
Jurnal Hukum Indonesia Vol. 4 No. 2 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i2.1591

Abstract

Government Regulation of the Republic of Indonesia Number 45 of 1990, civil servants who have divorced are obliged to provide maintenance to the former wife after the divorce. The primary purpose of this research is to analyze the provisions for providing maintenance to former civil servant wives in Government Regulation number 45 of 1990 and KHI, to find out the responsibility of a civil servant husband when a divorce occurs according to Indonesian positive law, to find out the analysis of legal decisions on the provision of maintenance for former civil servant wives according to Government Regulation Number 45 of 1990 in decision 27/Pdt.G/2022/PA.Tte. The method used in this study is normative juridical research using secondary data taken from primary, secondary, and tertiary legal materials. The results of this study explain that there are several factors for providing maintenance to former civil servant wives, according to PP 45 of 1990. Providing maintenance to the ex-wife of a civil servant has good legal consequences for the position of a wife and civil servant. Regarding legal considerations, the judge in Decision Number 27/Pdt.G/2022/Pa.Tte has been based on and by Indonesian favorable legal regulations.
KEDUDUKAN LIVING LAW SEBAGAI PRANATA HUKUM DALAM UNDANG-UNDANG No. 1 TAHUN 2023 TENTANG KITAB UNDANG- UNDANG HUKUM PIDANA Redy S, Simon Albertian; Alsa, Abdul Aziz; Sembiring, Idha Apriliana
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 10 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i10.3478

Abstract

Indonesia, as an archipelagic state, is home to diverse cultures and customs, leading to a variety of customary laws. In line with the 1945 Indonesian Constitution, these customary laws are recognized and respected as part of the national legal system. In 2023, Indonesia enacted a new Criminal Code, reflecting its cultural values and moving away from the colonial-era legal framework. This shift introduces challenges, particularly regarding the integration of customary law into the national legal system. This research examines these challenges, focusing on the interaction between customary law and positive law within Indonesia's legal framework. The study adopts a normative legal research methodology, incorporating statutory, conceptual, and comparative approaches, with primary legal sources including the 1945 Constitution and Law No. 1 of 2023 on the Criminal Code. The findings suggest that customary law can fill legal gaps when existing positive law does not cover specific offenses, particularly in the investigation and prosecution stages. Offenders may be subject to customary law before being prosecuted under positive law. This study emphasizes the need for a balanced approach to integrate customary law into Indonesia's criminal justice system, ensuring both legal coherence and respect for cultural diversity.
Co-Authors Abdul Aziz Alsa, Abdul Aziz Barus , Utary Maharany Lingga, Anggi Salsha Musdalifa Redy S, Simon Albertian