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All Journal Legal Standing : Jurnal Ilmu Hukum Journal of Law Science
Kupang, Frisca Melati
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Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

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Examining 5 types of evidence in article 1866 of the civil code as a pillar of civil law enforcement in Indonesia Kupang, Frisca Melati
Journal of Law Science Vol. 7 No. 2 (2025): April: Law Science
Publisher : Institute Of computer Science (IOCS)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/jls.v7i2.5818

Abstract

This research examines the use of five categories of evidence as defined in Article 1866 of the Civil Code (KUH Perdata) in the digital age, particularly electronic evidence as a legitimate form of proof. This research also outlines legal and practical challenges in employing non-traditional evidence in Indonesian civil justice. Normative legal study is descriptive and juridical-analytical. Along with associated rules and regulations, periodicals, legal literature, and comparative studies of other nations' legal systems are employed. The research found that although Article 1866 of the Civil Code provides a fundamental foundation for civil law evidence, the legal vacuum around electronic evidence produces legal ambiguity and inconsistency in court application. Lack of technical rules for digital evidence authentication, judge interpretation variances, and law enforcement technological competence are further challenges. Legal reform to incorporate electronic evidence, technical training for lawyers, technological infrastructure development, and Civil Code and Electronic Information and Transactions Law harmonization are suggested answers. This research offers an integrated strategy including all stakeholders to construct a civil law evidence system that is sensitive to contemporary changes and ensures justice and legal clarity for all parties
Perlindungan Hukum Bagi Istri yang Tidak Nafkahi Menurut UU No. 16 Tahun 2019 Kupang, Frisca Melati; Kasim, Nur Mohamad; Kamba, Sri Nanang Meiske
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11743

Abstract

Abstract This study aims to analyze the legal protection for a legitimate wife who does not receive maintenance within her marriage, specifically based on Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 on Marriage. This research uses an empirical legal research method with a juridical-sociological approach. The research questions addressed in this study are: first, how is the legal protection for the legitimate wife’s right to maintenance in her marriage according to Law No. 16 of 2019, and second, what are the factors causing the failure to fulfill the wife’s maintenance rights within her marriage in Tombolango Village? Data was collected through interviews with relevant parties in the Tombolango Village community and by reviewing regulations such as the Marriage Law, the Law on the Elimination of Domestic Violence (PKDRT), and the Compilation of Islamic Law (KHI). The study found that although the law provides protection for the wife's right to maintenance, in practice, there are socio-economic and cultural factors that hinder the fulfillment of this right in Tombolango Village. Therefore, efforts to raise legal awareness in the community and increased oversight from authorities are necessary to protect women's rights in marriage.
Perlindungan Hukum Bagi Istri yang Tidak Nafkahi Menurut UU No. 16 Tahun 2019 Kupang, Frisca Melati; Kasim, Nur Mohamad; Kamba, Sri Nanang Meiske
Legal Standing : Jurnal Ilmu Hukum Vol. 9 No. 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11743

Abstract

Abstract This study aims to analyze the legal protection for a legitimate wife who does not receive maintenance within her marriage, specifically based on Law No. 16 of 2019 concerning Amendments to Law No. 1 of 1974 on Marriage. This research uses an empirical legal research method with a juridical-sociological approach. The research questions addressed in this study are: first, how is the legal protection for the legitimate wife’s right to maintenance in her marriage according to Law No. 16 of 2019, and second, what are the factors causing the failure to fulfill the wife’s maintenance rights within her marriage in Tombolango Village? Data was collected through interviews with relevant parties in the Tombolango Village community and by reviewing regulations such as the Marriage Law, the Law on the Elimination of Domestic Violence (PKDRT), and the Compilation of Islamic Law (KHI). The study found that although the law provides protection for the wife's right to maintenance, in practice, there are socio-economic and cultural factors that hinder the fulfillment of this right in Tombolango Village. Therefore, efforts to raise legal awareness in the community and increased oversight from authorities are necessary to protect women's rights in marriage.
Co-Authors Nur Mohamad Kasim Sri Nanang Meiske Kamba