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Journal Of Law Sciences (Legisci)
Published by Ann Publisher
ISSN : 30327555     EISSN : 30309549     DOI : https://10.62885/legisci.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
a peer-reviewed journal that publishes scientific articles in the field of law. Articles published in the Legisci Journal include the results of original scientific research (top priority), new scientific review articles (not priority), and the results of studies in the field of law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 126 Documents
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Internal Supervision in Handling Domestic Violence by Police Members: The Role of Investigation Supervisory Officers from the Perspective of Accountability and Conflicts of Interest Candra Ermala; Harmono Harmono
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1216

Abstract

Background. The handling of domestic violence cases involving police members presents complex problems, especially related to independence and accountability in the investigation process. On the one hand, the legal system has provided an adequate normative framework to ensure the professionalism of the authorities and the protection of victims. On the other hand, on-the-ground practice shows a tension between lawsuits and institutional dynamics that affect the effectiveness of internal oversight. Aims. This study aims to analyze the role of the Investigation Supervisory Officer (Wasidik) in supervising the handling of domestic violence cases by police members, examine the legal basis governing this role, and identify structural and cultural obstacles affecting its implementation. Methods. This study uses an empirical legal method with a socio-legal approach, which views law as a social practice shaped by institutional structures, organizational cultures, and power relations. Data were obtained through interviews with law enforcement officials as well as studies of relevant laws and regulations and scientific literature. The analysis is conducted qualitatively, integrating empirical findings and theoretical frameworks to understand the gap between legal norms and surveillance practices within police institutions. Result. The results of the study show that normatively internal supervision has been well structured through a formal mechanism, with Wasidik serving as the quality control for the investigation. However, in practice, the effectiveness of supervision is still influenced by structural factors such as a hierarchical bureaucratic system, as well as cultural factors such as corps solidarity and unbalanced power relations. Supervision tends to be oriented towards administrative compliance and institutional risk management, so it does not fully guarantee substantive justice for victims. In addition, transparency limitations affect the public's perception of supervisory independence. The novelty of this research lies in the affirmation that the main problem of internal supervision in domestic violence cases involving police members is not in the weakness of regulations, but in the dominance of organizational culture and the institutional logic that shapes supervision practices. Conclusion. Therefore, it is necessary to strengthen a supervisory model that is more responsive, transparent, and oriented towards victim protection through increasing the capacity of the apparatus, strengthening supervisory independence, and integrating external accountability mechanisms.
Legal Analysis of the Police Intelligence Function in Early Detection of Inter-Village Brawls: A Socio-Legal Approach to the Effectiveness of Social Conflict Prevention Agus Jaelani; Harmono Harmono
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1217

Abstract

Background. The phenomenon of inter-village brawls shows that social conflicts at the local level no longer arise spontaneously, but develop through more complex and unpredictable processes. In this context, early detection is becoming increasingly important as an effort to read potential conflicts before they develop into open violence. Aims. This research aims to examine how the police intelligence function is carried out in detecting potential conflicts between villages, how the basis of its authority is constructed within the applicable legal framework, and the extent of its effectiveness in preventing the escalation of social conflicts. Methods. This study uses a socio-legal approach, combining normative analysis of laws and regulations with empirical data obtained through interviews in the Cirebon Regency area. Result. The results show that, in practice, early detection occurs more through informal social mechanisms, such as interaction with the community and readings of local dynamics, than through structured systems. However, this role often stops at the identification stage because there is no clarity on the limits of authority for carrying out preventive actions and no system to integrate information and policy responses. These findings confirm that early detection cannot be understood solely as a technical mechanism for information collection, but rather as a social process that is interpretive and contextual. Conclusion. Therefore, its effectiveness is determined not only by the availability of information but also by the system's ability to interpret and follow up on it in a coordinated manner. Implementation. This research offers a new perspective by placing early detection as a meeting space between social practice, legal construction, and institutional capacity in the prevention of social conflict.
Juridical Analysis of State Responsibility in Fulfilling the Rights and Compensation of Fixed-Time Work Agreements (PKWT) Workers in the Outsourcing System Ade Solahudin; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1218

Abstract

Background. The increasing incidence of more flexible employment relationships, including fixed-term contracts (fixed-time work agreements/PKWT) and outsourced workers, poses new challenges to the protection of workers, including the achievement of employment compensation rights. This has been sufficiently articulated in various laws that are normatively expected to be effective, but in practice, violations of rights still recur. This situation shows a discrepancy between what is ordered and what happens on the ground. Aims. This study seeks to reveal how state responsibility is carried out in fulfilling the rights of PKWT workers, as well as how monitoring and law enforcement are carried out in practice. Methods. This research uses a normative legal approach by examining laws and regulations, legal concepts, and relevant studies, and linking them to emerging practices. Result. The results of the discussion show that the main problem does not lie in the absence of norms, but in how these norms are implemented. Responsibilities in outsourcing systems are not fully distributed, so when a breach occurs, workers are often unsure who is responsible. On the contrary, the functions of supervision and law enforcement have not been properly carried out. Inconsistent supervision and law enforcement responses that tend to be weak mean violations do not result in meaningful consequences for business actors. Under these conditions, the law remains a reference, but it has not fully worked as an effective instrument of protection. As a result, worker protection is still at the formal level and has not been fully felt in practice. Conclusion. Thus, the issue of protecting PKWT workers in the outsourcing system cannot be understood solely as a matter of compliance; it is also related to how the state carries out its supervisory function and ensures clarity of responsibilities in employment relations. Implementation. Without this, the gap between norms and practices will persist, and worker protection will be difficult to fully realize.
Legal Strength of A Peace Deed Made Before A Notary In Dispute Resolution Out of Court Dini Septiani; Harmono Harmono; Jaenudin Umar
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1219

Abstract

Background. The option to resolve disputes out of court is increasingly being used, especially when parties want a quicker, less protracted process. In practice, peace agreements are often expressed as deeds executed before a notary in the hope of achieving greater legal force. The problem is that this power is not always directly proportional to the effectiveness of its implementation. When an agreement is violated, the peace deed cannot be used directly to enforce the obligation; it must be brought back to court. At this point, a fundamental problem arises regarding the position and effectiveness of the notarial peace deed in the civil law system. Aims. This research is directed at examining further the legal position of the peace deeds, how the evidentiary force operates, and what happens when the agreement is not implemented. Methods. The approach used is normative, examining relevant laws, regulations, and legal concepts, as well as associated practices. Result. From the results of the analysis, it can be seen that the notarial peace deed is in a position that is not completely single. It has the power of an authentic deed recognized in the proof, but at the same time it still depends on the logic of the agreement, whose execution is determined by the parties. The power of proof does provide certainty about what has been agreed, but it does not necessarily guarantee that the agreement will be implemented without dispute. When a default occurs, the deed serves more as a basis for proof in a new lawsuit than as a tool to enforce it directly. Conclusion. This condition shows that the notarial peace deed is not fully capable of serving as a final instrument for dispute resolution. Therefore, efforts are needed to strengthen its position not only in the evidentiary aspect but also in bridging the implementation of the agreement, so that the goal of resolving disputes outside the court can truly be achieved.
Postnuptial Agreement as a Legal Instrument in Restoring the Validity of the Sale and Purchase Deed of Mixed Marriage Land Ary Kareliana; Gusti Yosi Andri
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1220

Abstract

Background. The absence of a marriage agreement in a mixed marriage triggers a normative conflict between the Marriage Law and the Basic Agrarian Law (UUPA), which threatens the right of an Indonesian Citizen (WNI) over freehold title land (Hak Milik). Aims. This research aims to analyze the legal validity of the Land Deed of Sale and Purchase executed without a marriage agreement and to examine the legal certainty of a Postnuptial Agreement as a remedial instrument, based on Gustav Radbruch's theory. Methods. This doctrinal legal research employs statutory and conceptual approaches through a qualitative analysis of legal materials. Result. The results indicate that a freehold title AJB executed without a marriage agreement is legally defective and null and void due to violations of subjective and objective contract requirements, including the UUPA's prohibition on foreign ownership. This juridical defect is remedied through a Postnuptial Agreement pursuant to Constitutional Court Decision Number 69/PUU-XIII/2015, which serves as a curative and retroactive legal remedy. Conclusion. According to Gustav Radbruch's theory of legal certainty, this instrument confers actual legal certainty only if it is formalized in a Notarial Deed, registered with the civil registry agency (the principle of publicity), and free from any bad faith aimed at circumventing the law. Implementation. Furthermore, its retroactive effect must be strictly limited so as not to prejudice the rights of third parties and not to validate land objects that have exceeded the time limit for the relinquishment of rights.
Juridical Implications of Postnuptial Agreement for Creditors from the Perspective of Legal Certainty Galang Rasyiq Suyudi; Gusti Yosi Andri
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1221

Abstract

Background. The implementation of postnuptial agreements following the Constitutional Court Decision Number 69/PUU-XIII/2015 often creates legal uncertainty for creditors due to the sudden separation of assets carried out in the middle of a marriage. Aims. This study aims to analyze the juridical implications of making a marriage agreement after marriage on the position of the creditor as a third party from the perspective of legal certainty. Methods. The research method used is normative legal research with a statutory approach and a conceptual approach. Result. The results show that the separation of assets through a postnuptial agreement results in a change in the status of debt guarantees, which were originally community property into personal property, thereby potentially reducing the creditor's general security rights as regulated in Article 1131 of the Indonesian Civil Code. In order for such an agreement to be binding on third parties, the principle of publicity through registration with the relevant authorities (the Population and Civil Registry Office or the Office of Religious Affairs) must be strictly fulfilled. Without valid registration, the marriage agreement is only binding internally between the husband and wife and cannot be enforced against creditors. Conclusion. Legal protection for creditors can be pursued through preventive measures, such as asset status verification by a Notary before signing credit agreements, as well as repressive measures through the filing of an Actio Pauliana lawsuit if it is proven that the debtor acted in bad faith to evade collateral assets through the asset separation mechanism to avoid debt repayment.
Reconstruction of the Role of Bhabinkamtibmas in Village Food Security: Socio-Legal Analysis of Authority and Social Stability Andri Ritanto; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1222

Abstract

Background. This research departs from the assumption that village food security is determined not solely by production and distribution but also by the social stability that underpins it. In this context, the presence of Bhabinkamtibmas as a police officer at the village level shows an interesting role, although it is not explicitly regulated within the legal framework of food security. Aims. This research aims to analyze how these roles are carried out, examine the basis of their legal authority, and identify obstacles that arise in practice. Methods. The method used is a socio-legal approach that combines normative analysis of laws and regulations with empirical data from interviews in Gegesik Village, Cirebon Regency. Result. The results of the study show that Bhabinkamtibmas are not involved in the technical aspects of food management but rather act as actors of social stabilization through preventive, mediative, and facilitative functions, especially in maintaining a conducive environment for aid distribution and reducing potential conflicts. However, this role remains within the realm of implicit authority and has not been normatively integrated into food security policies. Conclusion. This condition shows that there is a gap between collaborative practice in the field and legal construction that is still sectoral. Implementation. Therefore, it is necessary to strengthen institutional coordination and integrate social security dimensions into the formulation of village food security policies to make them more responsive and sustainable.
Efforts to Resolve Conflicts Between Villagers in a Restorative Manner: The Role of Bhabinkamtibmas as Mediators in the Perspective of National and Local Law Ari Mistari; Harmono Harmono
Jurnal Legisci Vol 4 No 1 (2026): Vol 4 No 1 August 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i1.1223

Abstract

Background. Conflicts between villagers are a recurring phenomenon and cannot always be resolved effectively through formal legal mechanisms. In practice, conflict resolution is more often carried out through social-relationship-based approaches, such as deliberation and mediation involving village officials and communities. Aims. This study aims to examine how conflict resolution among villagers is carried out through a restorative approach, how the role of Bhabinkamtibmas as a mediator is practiced, and how the practice is viewed from the perspective of national and local law. Methods. This research uses a socio-legal approach and a qualitative method, combining normative analysis of laws and regulations with empirical findings in the field. Data were obtained through interviews with Bhabinkamtibmas and village officials, as well as a review of relevant literature and regulations. The analysis was carried out by relating conflict resolution practices to the theoretical framework of restorative justice and the legal construction that governs it. Result. The results of the study show that conflict resolution between villagers through a restorative approach has basically been underway, but does not always reflect the principle of restoring relationships in its entirety. The role of Bhabinkamtibmas is evolving into that of a mediator operating in the social space, but it has not yet been fully supported by a clear legal framework. In practice, conflict resolution is often more of a social compromise shaped by power relations than the result of an ideal restorative process. Conclusion. This research offers a new perspective by positioning restorative justice not merely as a normative concept but as a social practice operating at the intersection of formal law, local norms, and power dynamics in society. Implementation. These findings suggest that the effectiveness of conflict resolution is determined not only by the existence of rules but also by the system's ability to accommodate complex social realities.
Cohabitation By Parties Who Are Still Bound By Marriage And Its Qualification As An Unlawful Act Putri Sindi Rinata; Gusti Yosi Andri
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1224

Abstract

Background. The practical implications of cohabitation remain a primary topic within the realms of moral and criminal law; however, studies addressing cohabitation in terms of civil liability for parties still bound by marriage are limited. Aims. This research aims to discuss cohabitation among married individuals based on the perspective of Law Number 1 of 1974 concerning Marriage and to determine its qualification as an unlawful act (PMH) referring to Article 1365 of the Civil Code. Methods. The study employs a normative legal method, using legislation and conceptual analysis. Result. The findings demonstrate that cohabitation contradicts the duty of fidelity in marriage and lacks legal legitimacy since it occurs without a valid bond, spousal consent, or court approval. Conclusion. Furthermore, cohabitation meets the criteria of an unlawful act, including an act, unlawfulness, fault, material and immaterial losses, and a causal relationship, thereby enabling the involved parties to be held civilly liable for damages.
Analysis of Unlawful Acts in the Installation of Electricity Poles on Private Land without the Consent of the Landowner Tetuko Trie Wicaksana; Gusti Yosi Andri; Zelfi Ghaffar Aufiya
Jurnal Legisci Vol 4 No 2 (2026): Vol 4 No 2 October 2026
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v4i2.1225

Abstract

Background. The research stems from a discrepancy between legal regulations regarding land use for the public interest and the practices observed on the ground. In some cases, the installation of electricity poles is still carried out without the consent of the landowner, even without adequate guarantees. This condition raises questions about whether such actions can be classified as unlawful. Aims. This research aims to examine these matters while analyzing how the conflict between public interests and individual rights is understood through Ronald Dworkin's perspective Methods. A juridical normative approach to examine laws and regulations, as well as a philosophical approach. Result. The outcome of this exploration also reveals that the installation of electricity poles without consent fulfills the elements of an unlawful act, starting from the existence of the action, the unlawful nature, error, loss, and a causal relationship. Conclusion. In Dworkin's framework, individual rights cannot simply be overridden by the public interest, especially if accompanied by a clear legal basis and fair compensation.

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