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Jurist-Diction
Published by Universitas Airlangga
ISSN : 27218392     EISSN : 26558297     DOI : 10.20473/jd.v3i3.18622
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
The aims of Jurist-Diction is to provide a venue for academicians, researchers, and practitioners for publishing the original research articles or review articles. The scope of the articles published in this journal deal with a broad range of topics, including: Criminal Law; Civil Law; Constitutional Law; Administrative Law; International Law; Islamic Law; Law and Society; Economic and Business Law; Environmental Law; Medical Law; and Labour Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 717 Documents
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Gender Superiority and Consent Mechanisms in Abortion Regulation in Indonesia Maharani, Ni Ketut Indhira; Maulana, Muhammad Asrul; Hayati, Dewi Rhosita
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.85102

Abstract

The main issue of this study concerns the consent requirement for abortion that provides space for or mandates the involvement of the husband, which creates tension with the principle of women’s bodily autonomy. Such a consent construction has the potential to reinforce gender superiority by placing women’s reproductive decisions under the control of another party. This research employs a normative legal method with statutory and conceptual approaches. The findings show that the consent mechanism forms a hierarchical structure that often restricts women’s autonomy, although exceptions exist in cases of sexual violence and medical emergencies. This condition indicates the need for ius constituendum to formulate a fairer, women-centered abortion consent mechanism aligned with gender equality principles. The study concludes that the consent mechanism must better adhere to bodily autonomy, gender equality, and legal certainty. Keywords: Consent; Abortion; Gender Superiority
Between Individuals and Groups: Normative Ambiguity In Indonesia’s Forestry Partnership Regulation Astrid Amidiaputri Hasyyati; Heppy Hyma Puspytasari; Meita Debi Riyanti
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.85332

Abstract

Social Forestry is a strategic program of the Indonesian Government aimed at promoting equitable forest management, as regulated under Government Regulation Number 23 of 2021 on Forestry Administration. One of its implementation schemes is Forestry Partnership, further governed by Minister of Environment and Forestry Regulation Number 9 of 2021. Despite its objective of providing legal access for communities to utilize forest areas, the regulation contains normative ambiguity. Article 45 paragraph (3) of the Regulation designates individuals as the subjects of Forestry Partnership approval while simultaneously requiring the formation of groups. This provision is problematic, as the definition of “individuals” under Article 1 point 34 is conceptually distinct from “groups” as defined in Article 1 point 41. This inconsistency has the potential to generate legal uncertainty and administrative obstacles in practical implementation. This study employs normative legal research methods using statutory and conceptual approaches, with normative analysis conducted through extensive interpretation. The findings indicate the need for clearer normative formulation to ensure legal certainty and enhance the effectiveness of Forestry Partnership implementation.
Who Governs the Village: Reconstructing Regulatory Authority over Village Affairs Fathimah Azzahro; Hantoro, Bimo Fajar; Saputra, Bintar Abhi
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.85545

Abstract

This research examines the jurisdictional dualism between the Ministry of Home Affairs and the Ministry of Village caused by the ambiguous definition of 'Minister' in the Village Law. This study aims to answer two questions: (1) how is the regulatory authority over village affairs structured; and (2) what model of regulatory reconstruction is appropriate for governing these affairs? This study employs doctrinal legal research utilizing both statutory and conceptual approaches. The findings indicate that the Village Law’s ambiguous definition of “Minister” creates legal uncertainty and jurisdictional overlaps between the Ministry of Home Affairs and the Ministry of Village. Consequently, this research proposes two alternative solutions: (1) granting the Ministry of Village sole autonomy as the mandate holder for village sub-governmental affair; or (2) centralizing authority under the Ministry of Home Affairs. These findings emphasize the urgency of revising the definition of “Minister” and harmonizing implementing regulations to establish an integrated institutional framework, thereby ensuring bureaucratic efficiency and legal certainty.
Children's Privacy and Standard Clauses in Digital Services: A Substantive Justice Analysis Masturi, Frida Nurrahma; Listyani, Ajeng Aditya; Agus Mardianto
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.87028

Abstract

The development of digital technology has made children active users of online services vulnerable to privacy violations due to standard clauses unilaterally drafted by service providers. This study aims to analyze the application of the principle of substantive justice in assessing standard clauses and forms of legal protection for children's privacy in the digital era. Using normative juridical methods and a conceptual approach, this study examines national regulations and international instruments related to child data protection. The results show that although Indonesia has a legal basis through the Child Protection Law, the Electronic Information and Transactions Law, and the Personal Data Protection Law, its implementation has not been effective due to weak oversight and the absence of age verification mechanisms and parental consent. Strengthening regulations based on substantive justice, the establishment of independent oversight bodies, and improving digital literacy are needed to realize fair and sustainable protection of children's privacy.
Reconstruction of State Power Over Women's Bodies In The Mother and Child Welfare Law During The First Thousand Days of Life Tomy Michael; Nadya Zerlinda Febrianti
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.87093

Abstract

In 2024, Indonesia made fundamental changes to improve the welfare of mothers and children. The enactment of Law of the Republic of Indonesia Number 4 of 2024 concerning the Welfare of Mothers and Children in the First Thousand Days of Life (Law No. 4/2024) provides special treatment for mothers and children. The philosophical basis of Law No. 4/2024 states that the state guarantees a prosperous life, both physically and spiritually, for every citizen, so as to improve the quality of life and welfare of all citizens, especially the welfare of mothers and children as mandated in the 1945 Constitution of the Republic of Indonesia (UUD NRI 1945). The method used is normative legal research. The existence of Law No. 4/2024 normatively provides protection for mothers and children, but contradictions arise. Law No. 4/2024 does not provide protection when the party intended to fulfill the rights does not carry out its obligations.
Understanding Early Marriages in Timor-Leste's Rural Borders Contexts: A Human Rights Approach DULCE, Martin
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.89316

Abstract

Early marriage remains a significant issue in rural border areas of Timor-Leste, where socio-economic pressures and cultural norms often undermine the rights and development of young girls. This study aims to investigate the factors contributing to early marriage, the community's perception of its human rights implication, and the role of entrenched social norms in perpetuating gender inequality. Using a qualitative case study design semi-structured interviews and focus group discussions were conducted with young girls, their families, community leaders, and local authorities in selected rural villages. The findings reveal that economic necessity and cultural traditions drive early marriage, with families viewing it as a means of securing financial stability and social acceptance. Community perception indicates a gap between awareness of human rights and the prevailing cultural practices that endorse early marriage. The study underscores the urgency of enhancing educational access and economic opportunities for girls, engaging community members in dialogue about gender norms, and advocating for policies that protect children’s rights. This insight can inform targeted interventions aimed at reducing early marriage rates and empowering young women in Timor-Leste, ultimately contributing to broader goals of gender equality and human rights.
Navigating a Conflictual Past for a Reconciled Future: Memory Politics and Democracy in Indonesia Sarah Davidson
Jurist-Diction Vol. 9 No. 2 (2026): Volume 9 No. 2, Mei 2026
Publisher : Universitas Airlangga

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20473/jd.v9i2.89317

Abstract

More than five decades after the 1965–66 mass violence, Indonesia continues to grapple with the legacy of an unresolved past. This article examines how state-sponsored memory politics surrounding the genocide has shaped Indonesia’s democratic trajectory and hindered efforts toward reconciliation. Drawing on theories of collective memory, memory abuse, sites of memory, and the state of exception, the study employs a normative and qualitative analysis of historical narratives, legal developments, public policies, and memory activism in post-authoritarian Indonesia. The findings demonstrate that the New Order regime institutionalized a dominant historical narrative through education, propaganda, censorship, and memorialization practices that legitimized state violence and marginalized victims’ experiences. Although democratic reforms after 1998 created greater space for public discussion, impunity, historical distortion, and militarized governance continue to persist. At the same time, civil society actors, survivors, artists, and digital activists have developed alternative forms of memory-making that challenge official narratives and promote historical accountability. The article argues that meaningful democratic consolidation requires confronting the legacy of 1965 through truth-seeking, educational reform, inclusive memorialization, and participatory mechanisms of reconciliation. Without addressing this conflictual past, Indonesia’s democratic future will remain fundamentally incomplete.

Page 72 of 72 | Total Record : 717

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