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Putri Keumala Sari
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INDONESIA
Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Published by Universitas Teuku Umar
ISSN : 26145723     EISSN : 26206617     DOI : 10.35308
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ius Civile intents to publish issues on law studies and practices in Indonesia covering several topics related to International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 193 Documents
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Perlindungan Dasar Laut Warisan Bersama Umat Manusia Rekonsiliasi Hukum Lingkungan dan Hukum Perang Rivaldy, Aditya
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 10, No 1 (2026): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v10i1.15008

Abstract

The deep seabed beyond national jurisdiction, known as “the Area,” is governed by the principle of the Common Heritage of Mankind (CHM), designed to ensure its peaceful use and equitable benefit for all humanity. However, in the context of contemporary armed conflicts, the Area faces increasing vulnerability due to the legal inadequacies of International Humanitarian Law (IHL), which largely fails to account for complex environmental threats posed by modern warfare. This research critically examines the insufficiency of existing IHL principles—such as distinction, proportionality, and military necessity—to safeguard the Area’s ecological and legal integrity during hostilities. It further explores how the integration of peacetime International Environmental Law (IEL) and relevant customary norms may serve as a legal bridge to enhance environmental protection during armed conflict. Drawing on doctrinal legal analysis, authoritative case law, treaty interpretation, and recent policy developments, this study advocates for the continued application of environmental treaties and principles, such as UNCLOS and Principle 21 of the Stockholm Declaration, even amidst warfare. The findings suggest that IEL and customary norms offer a more robust framework to preserve the Area's protected status than IHL alone, provided their applicability is clearly affirmed through treaty interpretation, military doctrine, or international soft law. This legal reinforcement is essential to prevent the Area from becoming an ecological casualty of war and to uphold its status as a global commons
LEGAL PROTECTION FOR CHILDREN AGAINST EARLY MARRIAGE Nurhafni, Nurhafni; Rahmiati, Rahmiati; Nugroho, Gandung Sulistio; Safrijal, Airi
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 10, No 1 (2026): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v10i1.15039

Abstract

ABSTRACTThis study aims to analyze the urgency of legal protection for children against early marriage practices within the jurisdiction of the Mahkamah Syar'iyah Banda Aceh. Although the Marriage Law has established a minimum age limit of 19 years, the phenomenon of marriage dispensation continues to occur with various complex backgrounds. Utilizing an empirical juridical research method, this study examines the implementation of law in society through statutory and case approaches. The results indicate six primary determinants driving early marriage: economic factors, low education levels, parental influence, matchmaking practices, social environmental pressure, and personal factors or free association. Judges at the Mahkamah Syar'iyah Banda Aceh grant dispensation requests based on considerations of humanity, safety of life, educational continuity, and protection of offspring. Legal protection for children in this context refers to the guarantee of human rights to marry of free will without coercion as regulated in Article 10 paragraph (2) of the Human Rights Law, as well as preventive efforts through the collective responsibility of families and the government. 
KEWENANGAN DESK KETENAGAKERJAAN DALAM PENEGAKAN TINDAK PIDANA KETENAGAKERJAAN Zahrani, Sida Ayu; Ismono, Joko
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 10, No 1 (2026): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v10i1.14102

Abstract

This study analyzes the position and authority of the Indonesian National Police's Manpower Desk in enforcing labor crimes in Indonesia. The background of this study is the rampant violations of workers' normative rights that contain criminal elements, but the enforcement of labor criminal law has not been effective and there is a lack of public knowledge about the authority of the Manpower Desk, the Manpower Inspectorate and the Manpower Office which is in the industrial relations section. The Manpower Desk which was launched in January 2025 is an innovation in the labor law enforcement system that aims to provide protection and legal certainty for workers and business actors. This study uses a normative juridical method by analyzing primary legal materials such as related laws and regulations, in particular, Law No. 8 of 1981 concerning the Criminal Procedure Code, Law No. 13 of 2003 concerning Manpower, Law No. 2 of 2002 concerning the Police, Regulation of the Republic of Indonesia National Police No. 6 of 2019, Law and Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes. The legal issue in this study is how the position of the labor desk in the settlement of industrial relations and the differences in authority of the Labor Desk, the Labor Inspector and the Manpower Office. The results of the study indicate that the position of the labor desk is derived from the attribution of authority. The Labor Desk of the Indonesian National Police is positioned as a law enforcement agency that handles labor crimes with the principle of ultimum remedium. The authority of the Labor Desk is an attribute of the Criminal Procedure Code and the Police Regulations including investigations, inquiries, and law enforcement against cases that are indicated as criminal acts, in contrast to the Labor Inspector (PPNS) which functions as primum remedium with a focus on guidance and administrative sanctions, and the Manpower Office which plays a role as a mediator in industrial relations disputes. These three institutions are complementary and need each other in enforcing labor law.

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