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INDONESIA
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 90 Documents
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Public Policy As An Effort To Prevent Early Marriage Through Parental Participation Saddam Husein; Henny Nuraeny; Nova Monaya; Ani Yumarni; Hidayat Rumatiga
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.983

Abstract

Background.The high rate of early marriage in Indonesia is influenced by factors such as tradition, social norms, economy, and low parental education levels. Parents often serve as the final decision-makers in child marriages, making their participation crucial in prevention efforts. Aims. This study aims to analyze the effectiveness of public policies in preventing early marriage through approaches that involve active parental participation. Methods. The method used is sociological juridical with a qualitative approach, conducted through discussion forums, coaching, and legal and health education for parents. Conclusion. The results show that the government has issued various policies, such as Law Number 16 of 2019, as well as programs such as BIMWIN, BRUS, marriage clinics, and women’s and children’s empowerment. However, these efforts are not yet optimal without improving parental capacity and awareness. The novelty of this research lies in its emphasis on legal and health education for parents as a strategic step in preventing early marriage. The implication is the need for integrative policy synergy between the government, society, and families
The The Impact Of Business Crimes Due To Abandoned Land Under The Right To Cultivate (HGU) In Indonesia: An Economic Analysis Of Law Approach Rizal Syamsul Maarif; Henny Nuraeny; Abraham Yazdi Martin; Muhammad Aminulloh; Efridani Lubis
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.984

Abstract

Background. Richard Posner, in his Economic Analysis of Law, argues that business crimes involving the abandonment of concession lands (Hak Guna Usaha/HGU) reflect the existence of externalities and market failures, where corporate concession holders who neglect their lands cause substantial losses to both the State and society. Aims. This study aims to evaluate the economic and legal impacts of business crimes arising from the abandonment of plantation concession lands (HGU) in Indonesia and to provide alternative policy solutions for resolving this issue. Methods. The research employs a normative legal method with an evaluative approach, examining the phenomenon of abandoned plantation HGU lands from both regulatory and economic perspectives. The analysis seeks to produce concrete recommendations for optimizing the management of abandoned plantation lands through an integration of legal and economic principles. Result. The findings reveal that, as of 2024, the Ministry of Agrarian Affairs and Spatial Planning (ATR/BPN) recorded approximately 1,347,099 hectares of abandoned HGU lands across Indonesia, accumulated between 2020 and 2024. Under existing fiscal regulations, HGU concession holders are required to pay Non-Tax State Revenue (PNBP) of IDR 26,500 per 100 hectares annually. Based on this rate, the total potential State revenue loss due to abandoned HGU lands is estimated at IDR 356,981,235 (three hundred fifty-six million nine hundred eighty-one thousand two hundred thirty-five rupiahs). Conclusion. The study concludes that the widespread abandonment of HGU lands represents a significant economic loss and legal inefficiency. Lands that should generate income for the State instead become sources of conflict, inefficiency, and administrative burden, illustrating the failure of both corporate governance and legal enforcement mechanisms. Implication. The implications of this research emphasize the necessity of developing criminal, civil, and administrative law instruments to prevent and sanction corporate violations that cause State losses. The study proposes the formulation of a criminal law–based regulatory framework as a deterrent mechanism to ensure corporate accountability in land management and to restore the economic and social function of land in accordance with Indonesia’s constitutional mandate
Doctor-Patient Therapeutic Agreement in the Perspective of Law No. 29/2004 and Islamic Law Ahmad Faisal; Adang Djumhur Salikin
Jurnal Legisci Vol 3 No 3 (2025): Vol 3 No 3 December 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i3.985

Abstract

Background. The relationship between doctors and patients is not only a technical-medical relationship, but also a complex legal and ethical relationship. As public awareness of patients' rights increases, the relationship demands legal certainty that protects both parties. In the context of Indonesian law, this relationship is attached in the form of a therapeutic agreement, which is an agreement between the doctor and the patient regarding the medical procedure to be performed, the rights and obligations of each party, and the legal consequences if the agreement is violated. Purpose. This study discusses the therapeutic agreement between doctors and patients in the perspective of Law No. 29 of 2004 concerning Medical Practice and Islamic law. The focus of the study lies on the common points, differences, and possible integration of the two in medical practice in Indonesia. Method. This study uses a normative-comparative approach by analyzing regulations, jurisprudence, MUI fatwas, and classical fiqh books. Result. The results of the study show that according to Law No. 29/2004, the doctor-patient relationship is a legal contract that requires informed consent, professional standards, and accountability mechanisms. Meanwhile, Islamic law views it as a valid ijārah (service hire contract) if it fulfills the pillars of the contract, with the principles of tarāḍī (willingness), gharar (ambiguity), and ḍarar (danger). Jurisprudence emphasizes the principle of inspanningsverbintenis (the obligation of maximum effort, not results), while the MUI fatwa emphasizes the aspects of ridā, trust, and the welfare of the soul. The integrative synthesis offered places Law No. 29/2004 as the basis for formal legality, Islamic law as moral-religious legitimacy, and jurisprudence and fatwa as operational bridges. Thus, therapeutic agreements are not contradictory, but complementary in realizing legal, ethical, and spirituality-based medical practices.
Preventing the Exploitation of Indonesian Migrant Workers by Illegal Companies Endeh Suhartini; Defisa; Hidayat Rumatiga; Andri Brawijaya; Yahya Habib
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.987

Abstract

Exploitation is the excessive, unfair, and unlawful use or exploitation of resources, labor, and other resources for personal or group gain. Legal protection for Indonesian migrant workers employed through AKAN or AKAD must comply with applicable law to ensure legal certainty. Exploitation prevention is achieved by ensuring Indonesian migrant workers' understanding of the procedures and companies sending them. Indonesian migrant workers must work through authorized companies and comply with applicable legal procedures. This study aims to determine the form of legal protection for Indonesian Migrant Workers and recommend efforts that can be made to prevent the exploitation of Indonesian Migrant Workers. This research uses a normative juridical approach, which focuses on analyzing legal texts, legal norms, and applicable legal rules. The research concludes as follows: Preventing the exploitation of Indonesian migrant workers who will enter employment through AKAN (Inter-Country Work Agreements) and AKAD (Inter-Regional Work Agreements) requires Indonesian migrant workers to be more careful in selecting companies that will send them as Indonesian migrant workers and to understand the provisions of laws and regulations related to employment law, as they regulate their rights and obligations, thereby ensuring legal certainty. This research is crucial for developing legal protection for Indonesian migrant workers. It serves as a scientific study that can be referenced by other researchers conducting similar research. It can also serve as a resource for the public to learn about Indonesian labor law.
Analysis of Online Gambling and Family Resilience Strategies in the Perspective of Islamic Family Law Adang Djumhur Salikin
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.988

Abstract

Background. This article examines in depth the phenomenon of online gambling (al-qimār al-ʾiliktrūnī) as a systemic threat to the resilience of Muslim families, as well as formulates a resilience strategy framework based on Islamic Family Law (al-ahwāl al-shakhṣiyyah). Method. Using descriptive-analytical qualitative research methods and Islamic jurisprudence (fiqh) approaches oriented to maqāṣid al-sharīʿah (especially ḥifẓ al-māl, al-nasl, wa al-ʿaql), this study conducts a critical examination of the qaṭʿī (definite) postulates that prohibit gambling and its destructive impact on the family structure. Result. The findings of the study show that online gambling paralyzes the main pillars of the Islamic family: qiwāmah (leadership), nafaqah (nafkah), and tarbiyah (education). In response, this article offers a multi-layered model of resilience strategies that include preventive (al-wiqāyah), curative (al-ʿilāj), and restorative (al-iʿādah) aspects that are sourced from the internal mechanisms of the family (shūrā, muhāsabah), communal intervention (taḥkīm), to final legal protection (fasakh). Conclusion. The conclusion of the article emphasizes that the resilience of Muslim families in the digital era can only be built by consistently implementing sharia values comprehensively in family life, supported by a collective awareness of the dangers of online gambling.
Human Rights and Corruption in the Perspective of Law Number 39 of 1999, Jo Law Number 21 of 2001 concerning the Eradication of Corruption Ingka Harsani Nasution
Jurnal Legisci Vol 3 No 1 (2025): Vol 3 No 1 August 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i1.989

Abstract

Background. Corruption is a crime that has a multidimensional impact and hinders national development. As a crime that has caused leakage of state finances, corruption threatens the fulfillment of citizens' basic rights, especially economic, social, and cultural rights. Purpose. This study aims to understand the basis of judges' considerations in imposing a penalty, including the death penalty, and to analyze whether corruption can be categorized as a violation of Human Rights (HAM). Method. With a juridical-normative method through the analysis of laws and regulations, doctrines, and literature Result. This study found that corruption has the characteristics of extra-ordinary crimes and substantially impacts human rights violations, especially when corruption causes a loss of people's access to welfare. Conclusion. This research confirms that national legal mechanisms need to recognize corruption as a serious human rights violation.
Critical Analysis of the Controversial Articles of the New Criminal Procedure Code: Threats to Human Rights Principles and Law Enforcement Accountability R. Panji Amiarsa; Suci Hati Handayani
Jurnal Legisci Vol 3 No 2 (2025): Vol 3 No 2 October 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i2.990

Abstract

Background. The revision of the Criminal Procedure Code (KUHAP) contained in Law Number 1 of 2023 has brought significant changes to the Indonesian criminal justice system. However, several articles in the new Criminal Code have attracted controversy because they are seen as potentially threatening human rights principles and weakening law enforcement accountability. Purpose. This article critically analyzes the controversial articles in the new Criminal Code, particularly those related to the authority to arrest, detain, wiretap, and protect law enforcement. Method. Through a normative and comparative juridical approach, this study finds that several provisions in the new Criminal Procedure Code have the potential to violate the principles of due process of law, presumption of innocence, and the right to fair trial guaranteed in the constitution and international legal instruments. Conclusion. This article recommends the need for strict oversight in the implementation of the new Criminal Procedure Code, as well as revisions to problematic articles to ensure a balance between the effectiveness of law enforcement and the protection of human rights.
Normative Disharmony in Notary Summoning Procedures: Analyzing the Conflict Between Law No. 2 of 2014 on the Position of Notary and the 2025 Criminal Procedure Code Michael Josef Widijatmoko; Lisza Nurchayatie
Jurnal Legisci Vol 3 No 3 (2025): Vol 3 No 3 December 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i3.992

Abstract

The enactment of Indonesia's 2025 Criminal Procedure Code (KUHAP 2025) has created a critical normative conflict with Law No. 2 of 2014 on the Position of Notary (UUJN), specifically regarding procedures for summoning notaries and seizing their deeds. While the UUJN mandates prior approval from the Notary Honorary Council (MKN) as a procedural safeguard, KUHAP 2025 introduces emergency seizure provisions that potentially bypass this requirement, undermining legal certainty and professional integrity. This article aims to analyze this normative disharmony, assess its impact on fundamental legal principles, and propose a harmonization model. Employing a normative legal research methodology, the study finds that the conflict erodes legal certainty, justice, legal protection, and transparency, placing notaries in an untenable "double bind." It concludes that a comprehensive reconstruction—encompassing legislative amendments to reinforce lex specialis, institutional collaboration, and technological modernization of evidence handling—is imperative. The implication is that such multi-dimensional solutions are essential to reconcile effective law enforcement with the protective safeguards necessary for the notarial profession and the rule of law in Indonesia.
Amnesty And Abolition From The Perspective Of Fiqh Jinayah: Implications For The Modern Criminal Justice System Achmad Kholiq; Anne Haerany
Jurnal Legisci Vol 3 No 3 (2025): Vol 3 No 3 December 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i3.993

Abstract

Background. This article discusses the concepts of amnesty and abolition from the perspective of fiqh al-jinayah (Islamic criminal law), and their relevance to the dynamics of the modern criminal justice system. In a positive legal system, amnesty and abolition are legal instruments that give the head of state the authority to halt or end criminal proceedings against specific individuals or groups in the public interest, such as political reconciliation or national stability. Aims. However, in the context of fiqh jinayah, similar concepts are found in the form of ʿafw (forgiveness), ṣulḥ (reconciliation), and takwīf al-ḥadd (suspension of execution), each of which has normative limitations based on the rights of Allah (ḥuqūq Allāh) and human rights (ḥuqūq al-'ibād). Methods. This article uses a qualitative-normative approach, with comparative and hermeneutic analyses of classical and contemporary fiqh. Result. The results of the study show that Islam opens space for forgiveness in the criminal realm, especially in the categories of ta'zīr and some qiṣāṣ, while still emphasizing substantive justice as the main principle. Conclusion. In the context of the modern criminal justice system, the redefinition of amnesty and abolition within the framework of maqāṣid al-syarī'ah is essential to prevent abuse of authority while guaranteeing the rights of victims and the public benefit.
The Implementation of Marriage Agreement Ratification by Notaries Post-Constitutional Court Decision 69/2015 Based on The Notary Law Lisza Nurchayatie; KRA Michael Josef Widijatmoko; Radif Khotamir Rusli
Jurnal Legisci Vol 3 No 3 (2025): Vol 3 No 3 December 2025
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v3i3.994

Abstract

Background. The Indonesian Constitutional Court's Decision No. 69/PUU-XIII/2015 fundamentally reshaped the landscape of marital law by permitting post-nuptial agreements, a significant departure from the previous regime under Law No. 1 of 1974 on Marriage, which only recognized pre-nuptial contracts. This legal transformation introduced a dialectical tension between the principle of freedom of contract for spouses and the imperative to protect third-party creditor rights. Purpose. This article analyzes the juridical implications of this decision, focusing on the expanded role and heightened responsibility of Notaries in drafting and ratifying these agreements. Methods. Using a normative legal research method, this study examines the notary's obligations under Law No. 2 of 2014 on the Position of Notary (UUJN) to ensure the publicity principle is met, a condition essential to the binding effect of an agreement on third parties. The analysis of Supreme Court jurisprudence, particularly in bankruptcy cases, reveals an uncompromising stance on the requirement of timely registration as an absolute. Conclusion. The article concludes that while the Constitutional Court’s decision champions contractual autonomy, its practical implementation exposes notaries to significant liability risks, necessitating enhanced due diligence and systemic reforms such as a centralized digital registry. Implementation. A robust preventive professional framework to mitigate the risk of fraudulent conveyance and preserve legal certainty in commercial transactions.

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