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Adagium: Jurnal Ilmiah Hukum
Published by PT. Meja Ilmiah Publikasi
ISSN : -     EISSN : 29855128     DOI : https://doi.org/10.70308/adagium.v2i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Adagium: Jurnal Ilmiah Hukum adalah jurnal ilmiah berkala yang diterbitkan oleh PT Meja Ilmiah Publikasi (Jurnal ini secara khusus mengkaji ilmu hukum serta mampu menyajikan berbagai hasil penelitian ilmiah terkini dan terkemuka. Administrator jurnal menerima artikel yang dapat memberikan kontribusi untuk pengembangan hukum dan lingkungan hidup dari para ilmuwan, akademis, dan para penulis dan peneliti profesional. Jurnal ini berisi hasil-hasil penelitian, resume tokoh-tokoh terkenal ataupun ulasan yang bersifat inovatif dan solutif di bidang hukum. Artikel jurnal ini diterbitkan dua kali setahun yaitu Januari dan Juli.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 103 Documents
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Continuous Voter Data Updating and Election-Stage Verification: Protecting Constitutional Voting Rights in Indonesia Salman; Hayatul Mughiroh; Laras Putria
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/7yy3p077

Abstract

Continuous Voter Data Updating shifts Indonesian voter-list governance from a predominantly episodic model toward data maintenance throughout the electoral cycle. This study examines the normative position of PDPB, its functional relationship with voter-list updating during formal election stages, and its implications for protecting voting rights. The study uses normative legal research with statutory, conceptual, and analytical approaches. Its principal legal materials include election legislation, KPU regulations on PDPB and voter-list preparation, population-administration law, personal-data-protection law, and Constitutional Court decisions concerning voting rights. The findings show that PDPB and election-stage updating are complementary rather than substitutive. PDPB maintains the voter database between elections, while election-stage procedures provide factual verification, correction, public scrutiny, and final legal establishment. The appropriate design is an integrated cycle linking population-data synchronization, field verification, Bawaslu oversight, public participation, and privacy safeguards. The article therefore reframes PDPB as a preventive constitutional-rights mechanism embedded in electoral governance. It also proposes an operational matrix for evaluating legal basis, institutional responsibility, verification, privacy protection, participation, and measurable performance indicators
Convergence and Divergence in the Regulation of Capital Punishment in Indonesia and Thailand: Implications for Criminal Law Reform in Southeast Asia Edimas Sembiring
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/qjzanp18

Abstract

Capital punishment remains one of the most debated sanctions in criminal law, raising questions about enforcement effectiveness and human rights protection. Indonesia and Thailand, both retentionist states in Southeast Asia, retain the death penalty despite differing regulatory characteristics and reform trajectories. This study analyzes convergence and divergence in capital punishment regulation between the two jurisdictions and examines implications for criminal law reform in Southeast Asia. Using a normative comparative legal method combining statutory, conceptual, and functional approaches, the study draws on primary legal materials, including legislation and international instruments such as the ICCPR and its Second Optional Protocol, alongside Scopus-indexed literature. Findings show both countries converge in retaining capital punishment for serious offenses, particularly premeditated murder and drug crimes, yet diverge in reform models. Indonesia's 2023 Criminal Code introduces a conditional death penalty with a ten-year probationary mechanism permitting commutation, while Thailand pursues a restrictive model narrowing death-eligible offenses and regulating execution procedures. Neither state has ratified the Second Optional Protocol; reform reflects domestic accommodation of ICCPR Article 6 rather than treaty-mandated abolition. Applying Nelken's theory of legal divergence, the study concludes that shared international pressures produce distinct, domestically mediated reform pathways rather than uniform regional convergence toward one model.
The Limits of a Prosecutor's Authority to File Appeals and Cassation Petitions Against a Defendant Whose Detention Period Has Expired Under the New Criminal Procedure Code (KUHAP) Khadirin Khadirin; Saiful Anam; Cakra Heru Santosa; Wahyu Nugroho; Aris Yulia
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/f9xb8p43

Abstract

Reform of criminal procedural law through Law Number 20 of 2025 concerning the Criminal Procedure Code (New Criminal Procedure Code) brings changes to the regulation of legal action and detention. This article analyzes the limits of the public prosecutor's authority in filing appeals and cassation when the defendant's detention period has ended, from the perspective of human rights, legal certainty, proportionality and correctional overcapacity. This research uses normative juridical methods with statutory, conceptual, case and comparative approaches. The research results show that the end of the detention period does not automatically eliminate the public prosecutor's right to file legal action. However, the end of the detention period ends the previous basis for detention, so that detention at the appeal or cassation stage must be based on new authority and determinations in accordance with the New Criminal Procedure Code. Detention without a valid legal basis has the potential to violate the right to freedom and legal certainty. Specifically for acquittal decisions, defendants who are still detained must be released from the moment the decision is pronounced and an acquittal decision cannot be challenged by cassation. Therefore, it is necessary to harmonize norms and strengthen judicial supervision so that legal measures are not misused as a means of maintaining detention and to guarantee the protection of human rights.
Strengthening Blue Economy Law through the Role of Red and White Cooperatives in Sustainable Development Saiful Anam; Cakra Heru Santosa; Liza Marina; Aris Yulia; Regita Widya Prameswari
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/849eby56

Abstract

The blue economy is a development paradigm that emphasizes the sustainable use of marine resources by paying attention to ecological, social and economic aspects. Indonesia as a maritime country has great potential to develop a blue economy, but its implementation still faces various obstacles, both from a regulatory and institutional perspective. This article aims to analyze the strengthening of the blue economy law through the role of the Red and White Village/Subdistrict Cooperative as a forum for the people's economy. The research method used is a juridical-normative approach by examining related laws and regulations, legal doctrine, and cooperative institutional construction. The results of the analysis show that the Red and White Village/Subdistrict Cooperative normatively has the potential as an institutional instrument in supporting the blue economy through the function of organizing community businesses, strengthening the marine economic value chain, distributing economic benefits, and empowering coastal communities. However, the legal framework that regulates the relationship between cooperative law, maritime law and the principles of environmental sustainability still shows a fragmentation of norms so that harmonization of regulations and strengthening of sectoral policies is needed. The conclusions of this research are limited to a normative analysis of the legal design and institutional potential of cooperatives, not to measuring the actual effectiveness of cooperatives as blue economy actors because they have not been supported by empirical testing of institutional performance, governance capacity, or economic and ecological impacts at the community level. Further research needs to be directed at empirical studies regarding the effectiveness of the Red and White Village/Kelurahan Cooperatives in blue economy practices, including aspects of governance, access to financing, supply chains, environmental compliance, and their contribution to improving the welfare of coastal communities.
Legal Pluralism in the Era of Deregulation: Reconstructing the Regulatory Framework of Customary Forest Recognition Harmaini Harmaini; Ica Karina Ramadania Wati; Reva Yanti
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/wrehth42

Abstract

This article examines the tension between legal pluralism and deregulation in Indonesia’s customary forest recognition framework, focusing on the persistence of layered administrative requirements for rights that are constitutionally acknowledged. The study employs a juridical approach combining statutory, conceptual, and case analyses. It examines the 1945 Constitution of the Republic of Indonesia, Law Number 41 of 1999 on Forestry, the post-Job Creation regulatory framework, and Constitutional Court Decision Number 35/PUU-X/2012. The analysis finds a regulatory asymmetry: deregulation has simplified and accelerated business access to forest-related resources, while customary forest recognition remains dependent on prior recognition of indigenous legal communities and, in particular regulatory configurations, regional legal instruments. This dependency transforms recognition that should be declaratory into a procedure resembling constitutive state authorization. The article proposes a declaratory recognition model based on registration and legal verification, time-bound administrative decisions, interim protection for claimed territories under review, integrated participatory mapping, and an objection mechanism for third parties. Under this model, the state confirms a pre-existing legal status rather than creating the underlying customary right. Such reconstruction would align legal certainty with constitutional recognition, reduce procedural inequality, preserve safeguards against overlapping claims, and make deregulation compatible with legal pluralism and ecological justice.
Academic Welfare of Non-ASN Lecturers: A New State Responsibility in Higher Education Hilda Halnum Salsabil
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/kewt1656

Abstract

Non-ASN lecturers play a substantive role in higher education by carrying out teaching, research, community service, academic supervision, and scientific development. However, their academic obligations are not always followed by adequate legal protection of income and welfare. This article examines the position of academic welfare for non-ASN lecturers within the framework of the welfare state and formulates a new direction of state responsibility in ensuring decent income in higher education. This study uses normative legal research with statutory, conceptual, and policy approaches. The findings show that academic welfare is not merely an internal employment issue between lecturers and higher education institutions, but a legal issue connected to the public function of higher education, university autonomy, and the constitutional mandate of the state. Academic welfare should be understood as a minimum protection framework that enables lecturers to perform the tridharma of higher education with dignity, productivity, and sustainability. The state’s responsibility must therefore be directed toward establishing minimum income standards, ensuring social protection, clarifying legal status, integrating lecturer welfare into higher education funding policy, and placing academic welfare as part of higher education quality assurance.
The Dual Role of Career Women in Strengthening Family Resilience: Perspectives of Islamic Law and Indonesian Positive Law among Employees of STAI As-Sunnah Deli Serdang Ramadayadi; Sukiati; Nurcahaya; Nur Halimah As Sa'diah
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/jsfnhk34

Abstract

This study analyzes how career women manage dual roles to maintain family resilience and examines those experiences through Islamic law (Maqashid Sharia) and Indonesian positive law. The case study focuses on married female employees at STAI As-Sunnah Deli Serdang. Data were obtained through in-depth interviews, observation, and institutional documents and were analyzed using the Miles and Huberman interactive model, with triangulation across available sources. The findings indicate that family resilience is supported by participatory spousal cooperation (ta'awun), support from extended family or domestic assistance, and flexible priority management. From a Maqashid Sharia perspective, paid work may support hifz al-din, hifz al-'aql, and hifz al-mal, while pressures arising from workload and caregiving require attention to hifz al-nafs and hifz al-nasl. The legal review also shows that the reported internal practice of 30 days of maternity leave should not be assessed solely under Article 82 of Law No. 13 of 2003. The current framework includes Law No. 4 of 2024 on Maternal and Child Welfare, which provides a maternity-leave entitlement of at least three months and allows an additional period in specified conditions. Because the manuscript does not include the institution's final formal policy document or complete employment-status data, a definitive finding of institutional non-compliance requires documentary verification.
A Critical Constitutional Analysis of Expanding the State Budget Deficit Limit through a Government Regulation in Lieu of Law (Perppu): Assessing the “Compelling Urgency” Requirement Yono Sugi Anom Darmawan; Amelia Karima Eliana; Jennifer Kristian Mantiri
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/yzgspc12

Abstract

This study examines the discourse surrounding the proposed increase in Indonesia’s state budget (APBN) deficit beyond the statutory ceiling of 3% of GDP through a Government Regulation in Lieu of Law (Perppu). The research is motivated by intensifying global economic pressures arising from geopolitical tensions in the Middle East, particularly disruptions to global energy supply chains that may significantly affect Indonesia as a net oil-importing country. Nevertheless, this study argues that external shocks alone do not account for fiscal deficit pressures, as internal fiscal inefficiencies and policy choices may also contribute to the deterioration of the fiscal position. From a constitutional and legal perspective, the proposed policy must be assessed against Law No. 17 of 2003 on State Finance and Article 22 of the 1945 Constitution, as interpreted by Constitutional Court Decision No. 138/PUU-VII/2009, which establishes the constitutional parameters for the issuance of a Perppu based on the existence of a “compelling urgency.” This research employs a normative juridical method complemented by statistical analysis of global oil price movements, fiscal deficit developments, and capital outflow indicators. The analysis focuses on whether the proposed expansion of the deficit ceiling is attributable exclusively to external economic shocks and whether the issuance of a Perppu satisfies the constitutional requirements of a “compelling urgency.” The study argues that the proposed policy may not fully satisfy this constitutional criterion because a portion of the fiscal pressure derives from internally generated inefficiencies, creating what may be characterized as a form of “self-inflicted urgency.” Accordingly, mechanisms provided under the existing budgetary framework, particularly an amendment to the APBN (APBN-P), may constitute a more constitutionally appropriate and procedurally accountable alternative to the issuance of a Perppu.
Legal Analysis of the Surakarta City Government's Tourism Policy in Realizing Inclusive Tourism Ifah Nur Saidah; Fiki Fakhrina Mafazatur Rahmah
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/kex10n40

Abstract

This study analyses the coherence of Surakarta City’s legal framework for inclusive tourism, with an operational focus on accessibility for persons with disabilities because this dimension is supported by the clearest enforceable legal duties. The research is normative legal research using statutory, conceptual, and limited comparative approaches. The principal legal materials include Law Number 10 of 2009 on Tourism, Law Number 8 of 2016 on Persons with Disabilities, Surakarta City Regulation Number 13 of 2016, Surakarta City Regulation Number 5 of 2017, Surakarta City Regulation Number 9 of 2020, and Surakarta Mayor Regulations Number 26 and Number 27 of 2024. The analysis shows that Surakarta does not face a complete regulatory vacuum: tourism regulations, disability-rights rules, tourism-area service standards, and general sanctioning mechanisms already exist. The central normative problem is fragmentation and the incomplete integration of accessibility standards with tourism-business obligations, service indicators, supervision, licensing, and cross-agency coordination. Friedman’s legal-system theory is used to assess the normative design of legal substance and legal structure, while legal culture is treated as an empirical research agenda that is not measured by this study. The article recommends harmonising existing instruments, developing measurable accessibility indicators and procedures, and strengthening coordination through a mechanism that does not duplicate the disability institutions already established.
Women’s Inheritance Rights in a Patrilineal Customary System: A Juridical Analysis of Supreme Court Decision Number 1130 K/Pdt/2017 Niken Retno Wulandari; Fauzul Kabir
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/rvwb1360

Abstract

Supreme Court Decision Number 1130 K/Pdt/2017 represents an important point in resolving the tension between the patrilineal customary law of the Manggarai community and the principle of equality in Indonesian national law. This study aims to analyse the position of patrilineal customary law within the national legal system, women’s inheritance rights from the perspectives of jurisprudence and human rights, and the judges’ reasoning in correcting custom-based discrimination. The method employed is normative juridical research using statutory, case, and conceptual approaches. Primary legal materials comprise Supreme Court Decision Number 1130 K/Pdt/2017, the 1945 Constitution, Law Number 39 of 1999 concerning Human Rights, and related jurisprudence, while secondary legal materials consist of legal literature, scholarly journals, and books. Data were collected through library research, and analysed using legal interpretation and legal argumentation. The findings show that patrilineal customary law which does not recognise women’s inheritance rights is deemed contrary to Article 27 of the 1945 Constitution and to Law Number 39 of 1999 concerning Human Rights. The Supreme Court has consistently continued the jurisprudence established since Decision Number 179 K/SIP/1961, which equated the inheritance rights of women and men. This study is not the first of its kind, but it offers an analytical contribution by reading the decision as a point at which three legal operations converge  constitutional equality, the conditional recognition afforded by Article 18B paragraph (2), and the authority of Supreme Court jurisprudence and by separating the three in argumentative terms.

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