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Sinergi International Journal of Law
Published by YAYASAN SINERGI KAWULA MUDA
ISSN : -     EISSN : 30217989     DOI : https://doi.org/10.61194/law
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sinergi International Journal of Law with ISSN Number 3021-7989 (Online) published by Yayasan Sinergi Kawula Muda, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability of law to aid in the recording and interpretation of international law practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 66 Documents
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Solution for Recording Interfaith Marriages Following Supreme Court Circular (SEMA) Number 2 of 2023 in Indonesia Syafrida; Tarigan, Arihta Esther; Suryani, Reni; Warsito
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.158

Abstract

This research aims to explore the solutions for recording marriages following the issuance of Supreme Court Circular (SEMA) Number 2 of 2023. According to the law, a marriage is valid if it meets the cumulative elements of Article 2, paragraphs (1) and (2), which require that it be in accordance with religious and belief systems and recorded according to regulations. Conversely, a marriage is invalid if it does not comply with religious and belief laws, resulting in the inability to register it. Before the issuance of the SEMA, interfaith marriages could be registered at the Civil Registry Office by submitting a registration application to the local District Court. However, after the issuance of this circular, such registration is no longer possible. The research method adopts a normative juridical approach, delving into literature data, particularly legislation. Despite the new regulations, interfaith marriage registrations can still occur, as judges may base their decisions on the Population Administration Law rather than the Marriage Law. Article 56, paragraph (1) of the Marriage Law essentially requires Indonesian citizens to comply with the marriage law, leaving no room for interfaith marriages. Therefore, to prevent registrations by judges at all court levels, it is necessary to reconstruct the Population Administration Law and require that one of the parties adheres to the religion and/or beliefs of their partner.
The Urgency of Expanding the Position and Functions of the Vice President in a Presidential System: A Study on Article 4 of the 1945 Constitution Prayitno, Herman Bastiaji; Suriaatmadja, Toto Tohir; Darusman, Yoyon M.
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.159

Abstract

This research highlights the role and position of the Vice President within Indonesia's presidential system, which remains ambiguous compared to the clearly defined role and authority of the President. The lack of clarity in the division of duties and the poorly defined role often lead to overlaps or gaps in the responsibilities that the Vice President should fulfill. This can result in uncertainty in decision-making and the implementation of government programs. The presence of a Vice President should ideally add an extra layer of accountability within the government. However, if their role is unclear, the public may find it difficult to assess their performance and to hold them accountable for their actions or decisions. When compared to other countries' constitutions, such as the United States and the Philippines, the role of the Vice President is more defined, but the role of the Indonesian Vice President appears to be more dependent on the President's policies. In the 1945 Constitution of Indonesia, the role of the Vice President is only broadly outlined in Article 4 paragraph (2) and Article 8. This ambiguity causes the Vice President's authority to depend on the President's policies. This research utilizes legal regulation, conceptual, and comparative approaches to understand the Vice President's position and powers. The research findings indicate that the Vice President's role is intended to assist the President and has a primary role in assuming the President's position in accordance with Article 8 of the 1945 Constitution. However, the Vice President's role does not have absolute authority as their power depends on the President's policies and preferences. This creates a complex dynamic between the President and the Vice President, with the Vice President's authority merely shadowing the President's power. Upon examining Article 4 of the 1945 Constitution, the Vice President's role should emulate that of the Vice President of the United States. According to this provision, the Vice President, with support from the Ministers, has the authority to declare the President's incapacity to exercise power and presidential duties, and conversely, the President can make statements contrary to the Vice President's statements, complementing each other.
Decriminalizing Marijuana Use as an Alternative Medical Treatment Guntara, Bima; Sambas, Nandang; Yanto, Oksidelfa
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.160

Abstract

The discourse surrounding the legalization of Class I narcotics, particularly marijuana (Cannabis Sativa), as one of the alternative medical treatments, has been continuously debated for the past few years. Various studies have been advancing with technological progress, prompting some other countries to start legalizing marijuana for medical purposes with certain restrictions. In Indonesia, there is a clear law, namely Law Number 35 of 2009 concerning Narcotics, which imposes restrictions and prohibitions on the use of various narcotics. Violators of these regulations are subject to criminal sanctions. In this legal research, the author will conduct a literature study using a statutory approach, which involves examining all relevant laws and legal regulations related to narcotics and the legality of the policy on the use of Class I narcotics as alternative medical treatments, such as the 1945 Constitution of the Republic of Indonesia (UUD 45), Law Number 35 of 2009 concerning Narcotics, Law Number 17 of 2023 concerning Health, and Law Number 39 of 1999 concerning Human Rights. The research findings indicate that juridically, the Narcotics Law, especially Article 6 paragraph (1) letter a and Article 8 paragraph (1), prohibits the use of Class I narcotics for medical purposes, which is clearly contradictory to Article 28C paragraph (1) of the 1945 Constitution where every person has the right to develop themselves through the fulfillment of their basic needs, the right to education, and to benefit from science and technology, arts, and culture, for the purpose of improving their quality of life and the welfare of humanity. Furthermore, the Health Law does not specifically regulate the use of marijuana for medical purposes, but only addresses general regulations regarding the use of narcotics. It is hoped that the results of this research can become a reference for policy makers to legalize the use of marijuana as an alternative treatment.
Families of Victims Often Reject Forensic Autopsies in Cases of Unnatural Death Slamet, Amalul Arifin; Sambas, Nandang; Mahmud, Ade
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.161

Abstract

Forensic autopsies are integral to determining the exact cause of someone's death. In Indonesian criminal law, specifically Articles 222 of the Criminal Code and Articles 133-134 of the Criminal Procedure Code (KUHAP), provisions regarding forensic autopsies are outlined. However, there are challenges in implementing the requirement to notify the victim's family about the autopsy, which can hinder the enforcement of law in cases of unnatural deaths. It's crucial to note that only through forensic autopsies can material truths be scientifically revealed, from the initiation of investigations to the presentation of evidence in court. Legal cases and final court decisions underscore the importance of forensic autopsies in proving cases categorized as material criminal offenses. Therefore, in cases of unnatural deaths, the execution of forensic autopsies should not necessarily depend on the victim's family consent to ensure fair legal certainty for all parties involved - the victim, perpetrator, and society. This study aims to understand the role of forensic autopsies in unnatural deaths and examine cases where the victim's family rejects the autopsy based on Article 222 of the Criminal Code in conjunction with Articles 133-134 of the Criminal Procedure Code. The research methodology combines normative and empirical approaches to analyze applicable legal norms and their application in events to achieve predefined objectives. Findings indicate that the refusal of the victim's family to consent to a forensic autopsy in unnatural deaths significantly impacts court decisions, potentially obstructing law enforcement agencies in resolving cases. Even if the family objects, law enforcement agencies must continue their duties, as forensic autopsies are vital for court evidence, typically presented as a report issued by forensic experts or doctors under police instruction. During trials, victims can still attain legal certainty and justice. Forensic autopsies should align with existing laws. It is hoped that from this research the implementation of forensic autopsies can proceed as regulated in criminal laws and regulations.
Copyright Protection in the Digital Age: Addressing Challenges and Finding Solutions in Indonesian Civil Law Sanusi, Rahmatinnisa Zahra; Sasea, Enny Martha; Bonsapia, Max
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.170

Abstract

This research aims to identify the challenges faced in enforcing such legal protection. In the current digital era, advances in information and communication technology have had a major impact on various aspects of life including the creation and dissemination of intellectual works, which opens up opportunities for copyright infringement. This research uses a normative juridical approach with a qualitative descriptive analysis method. Data is collected through literature study and analysis of laws and regulations related to copyright protection and intellectual property rights. Primary data based on Law Number 28 of 2014 on Copyright, and secondary data collected from previous related research journals and other official documents. The research found that the legal protection of copyright and intellectual property rights in the digital era in Indonesia still faces various challenges. These challenges include the speed and volume of digital content dissemination, anonymity and global jurisdiction, and the effectiveness of Digital Rights Management (DRM) technology. Although Law No. 28/2014 on Copyright has regulated the economic and moral rights of creators, law enforcement is still ineffective. To overcome these challenges, a comprehensive and collaborative approach is needed between the government, digital platforms, copyright owners, and the public. Some of the proposed solutions include improved automatic detection technology using artificial intelligence (AI) and machine learning, harmonization of international copyright law, DRM technology reform, simplification and transparency of the copyright infringement reporting process, and increased public awareness and education regarding the importance of copyright and intellectual property rights.
Navigating Influencer Liability on Social Media: Balancing Profits and Legal Risks Kassi, Yuliance; Sakmaf, Marius Suprianto; Suryana, Atang
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.173

Abstract

This study aims to investigate the legal responsibilities of influencers in social media, focusing on the role of the Indonesian Electronic Information and Transaction Law (UU ITE) in regulating online activities. This research uses qualitative research methods with a case study approach.The study explores how influencers can navigate their legal responsibilities in social media, ensuring that the information they share is accurate and non-misleading. The findings highlight the importance of understanding the legal framework governing online activities, including the UU ITE, and the need for influencers to be aware of their legal obligations. The study contributes to the development of more effective legal frameworks for regulating online activities and ensuring that social media platforms are used responsibly. The results suggest that influencers must be educated about their legal responsibilities and must ensure that the information they share is accurate and non-misleading. The study recommends that influencers develop clear policies and guidelines for their online activities and that they collaborate with brands that share similar values.
Planning your dream home safely: Understanding Regulations and Avoiding Public Housing Savings Breaches Salabay, Rosita; Watofa, Yohana; Mansawan, Isak
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.174

Abstract

The reality is that having a decent home is still the dream of most people, especially those with middle to lower income. The scarcity between the need and availability of houses is still an unresolved problem, so access to decent and affordable housing is still very limited. This study investigates Government Regulation Number 25 of 2020 and Law Number 4 of 2016, which respectively regulate the operation of the Public Housing Savings Fund (Tapera). The purpose of this study is to understand the Tapera regulations and identify administrative violations that may occur. This research method uses a descriptive approach to understand regulations and identify forms of administrative violations and sanctions in the implementation of Tapera. The results show that to ensure the continuity of the program, the management of Tapera funds must be carried out in a transparent and accountable manner. The government and financial institutions must ensure that fund management is carried out with high transparency and accountability. Administrative sanctions imposed for violations of the provisions of this law are very important to ensure the stability and sustainability of the Tapera program.
Case Study: Strength of Child Witness Testimony in Cases of Sexual Abuse in Decision No. IX: 135/Pid.Sus/2023/DPK Rosida, Lutfi Noor; Harefa, Beni Harmoni; Supardi
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.180

Abstract

In current criminal justice practice, there have been developments regarding the use of children's testimonies, with some judges in Indonesia admitting children's statements as evidence in cases involving minors, even though we know that children are not sworn in before giving testimony. Therefore, the aim of this study is to analyze the legal strength of children's testimonies as evidence in the criminal justice system, focusing on the case with the District Court Decision Number 135/Pid.Sus/2023/PN. Dpk. This research employs a normative legal research method with a legislative approach, conducted to explore legal issues. The primary data source supporting this research includes the           District Court Decision from Depok Number: 282/Pid.Sus/2023/DPK, while secondary data consists of Law Number 35 Year 2014 concerning Amendments to Law Number 23 Year 2002 concerning Child Protection, Law Number 11 Year 2012 concerning Juvenile Justice System, and Law Number 8 Year 1981 concerning Criminal Procedure Code. The findings of this research indicate that the evidentiary strength of children's testimonies as witnesses in the Indonesian criminal justice system depends on the validity of the testimony presented in court. However, the truthfulness and probative value of such testimonies are subject to the judge's subjective assessment, and because the evaluation of witness evidence is generally non-binding, this also applies to child witnesses.
Online Gambling: A Tantalizing Game with Risks that Drain Fortunes and Futures Igomu, Apolos; Muliyono, Andi; Bonggoibo, Alice Ance
Sinergi International Journal of Law Vol. 2 No. 3 (2024): August 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i3.199

Abstract

Online gambling has become an increasingly serious problem in Indonesia, affecting not only individuals but also social structures more broadly. This study aims to examine the prevalence and characteristics of online gambling among Indonesian adolescents and university students and find challenges and strategies in dealing with this problem. The data were analyzed using theme analysis, and the findings show that online gambling is a complex problem influenced by various factors, including ease of access, social influence, and financial incentives. This research shows that a comprehensive approach is needed in dealing with online gambling, involving the government, law enforcement, and civil society organizations. The findings suggest that public education and awareness campaigns are crucial in preventing online gambling, and law enforcement should be equipped with effective resources and technology to monitor and block online gambling activities. This research contributes to the existing literature by providing insights into the experiences and perceptions of Indonesian adolescents and university students who engage in online gambling. The findings also indicate the importance of a multi-faceted approach in dealing with online gambling, including the development of alternative recreational activities and the provision of counseling services for those affected by gambling addiction.
International Legal Analysis of Human Rights Violations and Alleged Genocide in Palestine: A Normative Juridical Approach Aidatul Fitriyah; Fadhil, Ahmad Dailami
Sinergi International Journal of Law Vol. 3 No. 1 (2025): February 2025
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v3i1.564

Abstract

This study examines alleged human rights violations in Palestine that may amount to genocide, using a normative juridical approach grounded in international law. It assesses whether Israel's actions meet the elements of genocide under the 1948 Genocide Convention and evaluates the effectiveness of international legal mechanisms in addressing such crimes. The research employs a normative juridical method integrating statutory, case-based, and conceptual approaches. It systematically analyzes international legal instruments, decisions of international courts, and relevant legal theories concerning genocide and human rights. The findings reveal that Israel's conduct—including targeted attacks on civilians, the destruction of vital infrastructure, the imposition of prolonged economic blockades, and the expansion of illegal settlements—exhibits strong indicators of war crimes and potentially fulfills the elements of genocide under international law. While the International Court of Justice (ICJ) and the International Criminal Court (ICC) possess jurisdiction to address such violations, enforcing international legal norms encounters significant barriers. These include the influence of global political power, veto rights in the United Nations Security Council, and systemic biases that shield certain state actors from accountability. This study concludes that although a robust legal framework exists to respond to human rights violations in Palestine, the implementation of international law remains limited due to entrenched geopolitical interests. To address these shortcomings, the international community must pursue structural reforms in the global legal order and foster collective efforts to protect human rights and ensure accountability. By offering a critical legal analysis, this study contributes to the academic discourse on international human rights and humanitarian law and supports more effective advocacy strategies to combat impunity and uphold justice in the Israeli-Palestinian conflict.

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