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All Journal Jurnal Ilmiah Hukum LEGALITY Journal of Law and Legal Reform
Muhamad Sayuti Hassan
Faculty of Law, Universiti Kebangsaan Malaysia, Malaysia
Law, Crime, Criminology & Criminal Justice

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The authority relationship of Central and Local Governments in forming laws and regulations: between Indonesia and Malaysia Aan Eko Widiarto; Muhamad Sayuti Hassan; Mohd Hazmi Mohd Rusli; Endrianto Bayu Setiawan
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36629

Abstract

This study examines how the powers of the federal government and local governments interact to create laws and regulations in Malaysia and Indonesia. In most countries, the central government is not the only regulator in developing laws and regulations. Regional governments are vested with the authority to manage government affairs delegated to them. This authority includes the power to draft and enact regional regulations, reflecting regional independence in administering local governance. Regional regulations serve as strategic tools to achieve the objectives of decentralization, fostering greater autonomy by empowering regions to address local needs through tailored legislation. However, the delegation of such authority also presents the potential for regulatory conflicts between the central government and regional governments or among regions themselves. Consequently, a comprehensive analysis is essential to evaluate how the relationship between central and regional governmental authorities influences the legislative process in Indonesia. Employing a legal comparative approach provides an effective method for examining the dynamics of regulatory authority between the central and regional governments, offering valuable insights and policy recommendations to harmonize the framework for statutory regulation. The findings highlight those regional regulations play a crucial role in supporting decentralization, yet conflicts between central and regional authorities are inevitable. Comparing the cases of Indonesia and Malaysia, the study underscores the need for clear and collaborative frameworks to harmonize central and local authorities in forming laws and regulations, ensuring legal certainty and effective governance.
Sexual Violence Offenses in Child Forced Marriage Due to Extramarital Pregnancy Nashriana Nashriana; Putu Samawati; Suci Flambonita; Vera Novianti; Muhamad Sayuti Hassan
Journal of Law and Legal Reform Vol. 6 No. 4 (2025): October, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i4.22256

Abstract

The enactment of Law Number 12 of 2022 concerning Sexual Violence Crimes (TPKS Law) categorizes child marriage as a form of sexual violence (Article 4 in conjunction with Article 10), allowing for criminal penalties against the perpetrators. However, the TPKS Law does not provide clear criteria for defining child marriage, making its implementation challenging. This research employs a normative method, utilizing a statute approach, conceptual approach, and case approach. In several urban cases, child marriage occurs due to extramarital pregnancies, which are often used as justification by parents to compel their children to marry-despite the child’s unwillingness. The primary reason given is to preserve the family’s honor. Judges typically approve marriage dispensation requests submitted by parents based on the notion of the common good. Such approvals reinforce the assumption that the marriage is consented to by the child, even when the child actually has no other options. In many instances of child marriage, husbands frequently abandon their wives after the marriage ceremony, as their primary motivation for marrying is not to assume responsibility as husbands and fathers. This situation exacerbates the wife’s condition, forcing her to bear the responsibilities of parenthood alone while facing societal stigma. This qualitative prescriptive legal analysis identifies variables that can be used to determine whether a forced marriage can be regarded as sexual violence. These variables also aim to provide certainty in the fair enforcement of the law, particularly for young women, who represent a vulnerable group.
Co-Authors Aan Eko Widiarto Endrianto Bayu Setiawan Flambonita, Suci Mohd Hazmi Mohd Rusli Nashriana Nashriana Putu Samawati Vera Novianti