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All Journal Ipso Jure Journal of Strafvordering Indonesian
Samsidar
Universitas Negeri Sulthan Thaha Saifuddin Jambi
Law, Crime, Criminology & Criminal Justice

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Legal Reform Perspectives on the Protection of Wives in Unregistered Marriages Pramidazzura Alifa Rifqi; Samsidar; Zulfiani
Ipso Jure Vol. 2 No. 12 (2026): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25x2dw27

Abstract

Unregistered marriage remains a prevalent practice in Indonesia and poses serious legal vulnerabilities for wives. Although Indonesian marriage law emphasizes compulsory registration to ensure legal order, it fails to provide substantive legal protection for wives when registration is not fulfilled. This normative gap places wives in unregistered marriages in a legally precarious position, depriving them of legal recognition, civil rights, and effective protection. This study employs a normative juridical method with statute, conceptual, and case approaches to analyze the weaknesses of legal protection for wives in unregistered marriages and to formulate legal reform perspectives. The findings indicate that the current legal framework prioritizes administrative legality over substantive justice, resulting in gender-based legal inequality. The absence of alternative protection mechanisms reinforces structural vulnerability and limits access to justice for wives. Therefore, legal reform is required to shift from a purely legal-formal paradigm toward substantive protection by recognizing and safeguarding certain civil rights of wives regardless of registration status. Strengthening the role of religious courts and integrating human rights and gender equality perspectives are essential to ensure fair and effective legal protection. Such reforms are necessary to align marriage law with constitutional guarantees of legal certainty, protection, and justice.  
Screenshots, Chats, and Voice Notes: Rethinking Evidence in Criminal Trials Pramidazzura Alifa Rifqi; Samsidar; Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0hb7ee97

Abstract

The increasing reliance on screenshots, chats, and voice notes in Indonesian criminal proceedings reflects a significant shift in evidentiary practices driven by digital communication technologies. However, this development has not been followed by adequate normative adaptation within criminal procedural law. Article 184 of the Criminal Procedure Code does not explicitly accommodate micro-digital evidence, while the Electronic Information and Transactions Law merely provides general recognition without specifying procedural standards for authentication and evidentiary weight. This condition creates normative ambiguity regarding the legal status, admissibility, and probative value of screenshots, chats, and voice notes, resulting in inconsistent judicial practices and potential violations of fair trial principles. This study employs normative legal research using statute, conceptual, and case approaches to analyze the position of micro-digital evidence in Indonesian criminal trials. The findings demonstrate that unverified digital evidence risks eroding the presumption of innocence, shifting the burden of proof to defendants, and undermining legal certainty. This article argues that criminal procedural law must be reformed to explicitly regulate the classification, authentication, and corroboration of micro-digital evidence in order to ensure technological adaptation without compromising due process of law and fair trial guarantees.
Co-Authors Harly Clifford Jonas Salmon Pramidazzura Alifa Rifqi Zulfiani