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Damhil Law Journal
Published by Universitas Negeri Gorontalo
ISSN : -     EISSN : 28087143     DOI : https://doi.org/10.56591/dlj
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Damhil Law Journal (Damhil Law J. - DLJ) is an open access and peer-reviewed journal that aims to offer a national and international academic platform for the legal system in Indonesia and the study of Indonesian law in a developing country context. This may include but is not limited to areas such as civil law, criminal law, constitutional and administrative law, customary law, air and space law, Islamic law, international law, legal pluralism, and other sections related to contemporary issues in legal scholarship.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Volume 5 Issue 2 2025" : 5 Documents clear
Child Cohabitation in the Grip of Patriarchy: Between Cultural Normalization and Legal Void Kamba, Sri Nanang Meiske; Kasim, Nur Mohamad; Mustika, Waode
Damhil Law Journal Volume 5 Issue 2 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v1i1.2774

Abstract

This study aims to examine the positive legal void in responding to the practice of child cohabitation in Indonesia and analyze the role of the patriarchal system in worsening the weak protection of children, especially girls. Using a juridical-normative method with a qualitative approach, this study examines national laws and regulations, international conventions, and critical legal literature to uncover structural inequalities in regulations. The results of the analysis show that child cohabitation is a form of covert sexual exploitation that has been allowed to take place in the social space without legal certainty due to legal-formalistic views and the dominance of patriarchal cultural norms. The state has failed to carry out its constitutional mandate in guaranteeing children's rights to protection, health, education, and self-development. Therefore, progressive legal reform, based on gender justice and based on the principles  of the best interest of the child and maqasid al-shariah is needed as an urgent step to ensure comprehensive and transformative legal protection for Indonesian children.
Legal Construction of Zakat Transactions through E-Commerce Platforms in Indonesia Usman, Ridho Setiawan
Damhil Law Journal Volume 5 Issue 2 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v5i2.2988

Abstract

This study examines the legal construction of zakat transactions conducted via e-commerce platforms in Indonesia, focusing on the regulation of digital zakat management, as well as its implications on sharia compliance and legal certainty. Although zakat management is governed by Law No. 23 of 2011, the use of e-commerce platforms for zakat collection still faces a significant regulatory gap, creating serious uncertainty for all parties involved. From a sharia perspective, this study highlights the challenges in fulfilling the pillars and conditions of zakat such as intention (qasad), ownership transfer (tamlik), and accurate verification of mustahiq (eligible recipients), which are vulnerable to disruption by digital mechanisms. The research employs a normative legal methodology with literature review and case analysis to formulate a legal construction integrating positive law principles and sharia provisions. The findings indicate an urgent need for updated regulations that are adaptable to technology, emphasizing transparent governance mechanisms, accountability, and digital consumer protection. A comprehensive legal framework is expected to provide legal certainty and sharia legitimacy, promoting the optimization of zakat potential through digital technology as an instrument for poverty alleviation and empowerment of the Muslim community in the modern era.
Social and Legal Determinants of Informal Marriages in Mananggu District Husain, Narti; Junus, Nirwan
Damhil Law Journal Volume 5 Issue 2 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v5i2.2982

Abstract

The phenomenon of informal marriages in various regions of Indonesia, including Mananggu District in Boalemo Regency, continues to persist despite legal regulations that mandate marriage registration, as stipulated in Law No. 1 of 1974 in conjunction with Law No. 16 of 2019 concerning Marriage. This study aims to analyze the factors influencing the prevalence of unregistered marriages and examine the social and legal impacts from the perspective of legal sociology. The research method employed is an empirical legal approach with field studies, including in-depth interviews with community leaders, religious affairs office staff, couples involved in informal marriages, and secondary data analysis from regulations, legal literature, and previous research findings. The study finds that several key factors contribute to the high rate of informal marriages, including social factors (out-of-wedlock pregnancies, customary pressures, and religious legitimacy), cultural factors (the belief that a marriage is legitimate based on Islamic law without state registration), economic factors (administrative costs and access to transportation to the religious affairs office), and administrative factors (complexity of document processing). The impacts are significant, both legally and socially. Legally, the wife and children lose legal protection for basic rights such as maintenance, inheritance, and civil status. Socially, negative stigma, vulnerability to discrimination, and barriers to accessing education and public services arise. In conclusion, informal marriages present a multidimensional problem that requires legal, administrative, and social solutions to ensure the protection of citizens' rights.
Challenges Faced by the Police in Resolving Theft Offenses Committed by Ali, Apriyansha Putra; Badu, Lisnawaty W.; Kadir, Muhamad Khairun Kurniawan
Damhil Law Journal Volume 5 Issue 2 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v5i2.2978

Abstract

This study discusses the role of the police in handling criminal acts of theft committed by minors, with a focus on the implementation of diversion as an alternative dispute resolution in accordance with the mandate of Law No. 11 of 2012 on the Juvenile Criminal Justice System. The research employs a juridical-empirical method with a qualitative descriptive approach, using literature study, interviews with law enforcement officers, and field data analysis. The findings of the study reveal several key points: first, the police play a strategic role as the initial gatekeepers in determining the course of cases; however, they are still constrained by a lack of competent juvenile investigators, specialized detention facilities, and limited support from psychologists or social workers. Second, the implementation of diversion in juvenile theft cases has not been optimal, due to resistance from victims or their families who perceive justice can only be achieved through formal criminal prosecution. Third, the legal culture that remains retributive, the lack of understanding among law enforcement officers and the public regarding restorative justice, and the weak coordination between institutions (police, prosecutors, judges, and social institutions) lead to many juvenile cases continuing to court, even though they meet the criteria for diversion. Nevertheless, the research also finds that successful diversion can have a significant positive impact: children are spared from criminal stigma, victims receive recovery, and social order is restored to harmony. Therefore, comprehensive reform is needed through capacity building for law enforcement, strengthening supporting facilities, and public education, so that the implementation of diversion truly becomes an instrument of justice that protects the future of children.
Implementation of Menstrual Leave Rights for Female Workers in Gorontalo under Law No. 13/2003 Mobilingo, Chantika; Dungga, Weni Almoravid
Damhil Law Journal Volume 5 Issue 2 2025
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56591/dlj.v5i2.2947

Abstract

This study aims to analyze the implementation of menstrual leave rights for female workers in Gorontalo City based on Law No. 13 of 2003 concerning Manpower, focusing on the sociocultural challenges and reproductive health impacts affecting the fulfillment of this right. This research uses a descriptive qualitative approach through observations, interviews, and document analysis of cross-sector companies. The results show a significant gap between the normative provisions outlined in the legislation and the practices on the ground, where menstrual stigma, low socialization, and limited legal understanding among workers and management are major barriers. Additionally, the lack of a supportive work environment and complex administrative mechanisms further hinder women’s access to menstrual leave rights. Some companies view menstrual leave as an additional operational burden and often overlook the substance of female reproductive health protection. Therefore, breakthroughs are needed in the form of continuous education, harmonization of leave application procedures, and more intensive monitoring and law enforcement to ensure optimal implementation of menstrual leave rights. Thus, it is expected to create a more inclusive, fair, and competitive work environment, strengthening the role of women in sustainable regional economic development.

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