This Author published in this journals
All Journal Suara Edukasi Hukum
Hiliwilo, Nijam
Unknown Affiliation

Published : 1 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 1 Documents
Search

Dialektika Hukum dan Identitas dalam Perubahan Nama di Pengadilan Negeri Gorontalo Hiliwilo, Nijam; Wantu, Fence M.; Muhtar, Mohamad Hidayat
Suara Edukasi Hukum Vol 1 No 2 (2025): Vol 1 No 2 2025
Publisher : Perkumpulan Maju Karya Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research discusses Decision Number 67/Pdt.P/2024/PN Gto at the Gorontalo District Court regarding a request to change a child's name from "Nadelia Nazwa Putri Baune" to "Aurel Syahwana Putri Baune," filed by the parents for administrative convenience. The study focuses on analyzing the judges' legal considerations in granting the application, emphasizing the relationship between compliance with formal norms, the relevance of the reasons presented, and the social sensitivity inherent in the case. Data was collected thru a study of judgment documents, interviews with judges, and analysis of relevant legal literature. The research results show that judges use a combination of legal-formal considerations based on the Population Administration Law and the principle of expediency, which emphasizes the smooth administration of children. Although the applicant's reasons were considered simple, the judge still deemed the application valid because it did not contradict the law, did not harm third parties, and was supported by administrative evidence and witnesses. However, critical analysis shows that the judges' ratio decidendi tends to be more pragmatic than in-depth, potentially setting a permissive precedent in similar cases. In conclusion, this decision reflects legal practices that are responsive to societal needs, but it still requires strengthening legal argumentation standards to balance legal certainty, justice, and utility.