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INDONESIA
International Journal of Law and Society
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30469619     EISSN : 30469562     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 156 Documents
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Legal Politics of Judicial Supervision Constitution Krismanto Manurung; Ismaidar Ismaidar; Tamaulina Br. Sembiring
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.299

Abstract

In order to preserve and uphold the honor, dignity, and the behavior of the judge is required to supervise the attitude of the constitutional judge to fit the code of ethics, so that each judge's ruling will be implemented in order to enforce the law and justice based on Pancasila and the Constitution 1945 asapermanent legal political for supervision of the constitutional judges . Meanwhile legal politics incidental that becomes a choice among others: a) Behavior of Constitutional Judges are supervised by the Board of Ethics established by the Constitutional Court, and for the reported judges or suspected violations of ethic codes of Constitutional Judges formed by Honorary Council of Constitutional Judges who were proposed by Ethics Council, with the task of implementing and serving as judicial ethic; and b) there is no judicial supervision against Constitutional Court's decision as well as supervision of a court decision which was in the Supreme Court through the mechanism of legal remedies ( ordinary and extraordinary).
Analysis Of The Judge's Decision On The Marriage Legalization Case Number: 143/Pdt.P/2021/Pa Sak At The Religious Court Of Siak Sri Indrapura In The Perspective Of Islamic Law Taufik Taufik; Akbarizan Akbarizan; Hidayatullah Ismail
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.302

Abstract

There are two types of marriage guardians: first, nasab guardians, namely guardians whose guardianship rights are based on blood relations. Such as, his biological parents, or also wali aqrab and ab'ad (closest or distant relatives). Second, the wali hakim is a guardian whose guardianship rights arise because the bride's parents refuse (adhal) or are absent, or for other reasons that physically exist but the guardianship rights do not exist. The emergence of the Itsbat Nikah provision is also related to the issue of the status of marriage registration. There are two views on the issue of the status of marriage registration, the first view states that marriage registration is only an administrative requirement, not a condition for the validity of a marriage, so marriage registration is only a process of obtaining evidence that a marriage has been carried out by someone, while the second view states that marriage registration is a valid condition for marriage. In this discussion, the author focuses on the consideration of judges who grant itsbat nikah cases where the previous marriage was held using an unofficial guardian or not the KUA head. This is not in accordance with article 23 of the Compilation of Islamic Law “(1) The new guardian judge can act as a marriage guardian if the nasab guardian is absent or impossible to present or his residence is unknown or absent or adlal or reluctant”. The Applicant's marriage guardian in the marriage contract was another person (a local community leader named Selan) due to the Applicant's non-Muslim biological father. The judge considered it as follows: that a kiyai, cleric or community leader who acts as a marriage guardian in Islamic law is known as wali muhakkam, namely someone who is appointed by the prospective husband and wife to act as a guardian in their marriage.
The Implementation Of Polygamy Law: Indonesian Women Marrying Malaysian Men in Satun, Thailand Umi Kalsum; Akbarizan Akbarizan
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.303

Abstract

One fundamental human need, which requires a highly specific solution, is the fulfillment of sexual desires, with marriage serving as its gateway. Therefore, a man who is already married may go to great lengths to marry again. Cross-border polygamous marriages involving Indonesian women and Malaysian men, conducted in Satun, Thailand, present a complex legal phenomenon. This study aims to analyze the implementation of laws governing such marriages under Indonesian, Malaysian, and Thai legal systems, as well as their impact on the legal status of the marriage, women's rights, and legal recognition in each country. The findings reveal that cross-border marriages often fail to fulfill registration procedures in the home country, rendering them legally unrecognized in Indonesia and Malaysia. In Thailand, Islamic law applied in Satun permits polygamy, but such recognition is local and does not automatically extend across national borders. This study recommends strengthening legal cooperation among countries to provide better legal protection for couples and related parties involved in cross-border marriages.
Implementation Of The Policy Of The Minister Of Law and Human Rights Regulation Number 11 Of 2017 Emirza Henderlan Harahap
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.314

Abstract

Overcrowded condition is a condition where correctional institutions or State Detention Centers have too large a capacity because the increasing number of inmates is not comparable to the prison or detention center facilities. Permenkumham Number 11 of 2017 is used as a reference for implementing an action plan for handling overcrowded in Indonesia, which includes four main programs: regulatory arrangement, institutional strengthening, provision of infrastructure, and empowerment of human resources. This study aims to identify the methods used to handle overcrowded residents in Class II B Pemalang Detention Center and to find barriers that hinder the process. The researcher used a qualitative research method to determine the factors that hinder the implementation of handling overcrowded residents in Class II B Pemalang Detention Center. The results of the study indicate that handling overcrowded residents in Class II B Pemalang Detention Center has been going well because of remissions, solid internal institutions, good relationships with government institutions or organizations, and empowerment of correctional officers. In addition, handling overcrowded residents in Class II B Pemalang Detention Center faces several obstacles. One of them is the number of correctional officers which is too many compared to the number of prison inmates, as well as facilities and infrastructure which are not optimal.
Legal Vacancy in Law Number 5 of 1960 concerning Basic Agrarian Regulations and its Implications for the Protection and Legal Certainty of Land Rights in Indonesia Boy Nurdin; Wahyu Widodo; Daud Juristo Chiang
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.315

Abstract

Land issues in Indonesia show complex dynamics due to legal vacuum and legal loopholes in the applicable land law system. This condition is exacerbated by the weakness of implementing regulations of the UUPA which are unable to respond to developments in the era, thus opening up space for land mafia practices and overlapping development policies. This legal vacuum impacts violations of community rights to land, environmental degradation, and the failure to realize optimal legal protection. The study uses a normative legal approach based on secondary data from literature studies to analyze the urgent need for land law reform. The findings reveal the need for the land law system renewal to create stronger protection of community rights and ensure a sustainable development direction by environmental conditions.
Working Relationship Between Police Functional Units in Disclosing Motorbike Gangs Committing Crimes in the Jurisdiction of Medan Helvetia Police Sector Gilang Gemilang; Sumarno Sumarno; Suci Ramadhani
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.316

Abstract

The police are a civil public intermediary that regulates order and law. Police officers as state servants must uphold humanitarian values ​​and be an example for society. As stated in the oath and promise of members of the Indonesian National Police. This is stated in the opening of the code of ethics of the Indonesian National Police profession. According to Law Number 2 of 2002 concerning the Indonesian National Police. The function of the police is one of the functions of the state government in the field of maintaining public security and order, law enforcement, protection, shelter, and service to the community. The problem raised is the working relationship between police function units in disclosing criminal acts at the Medan Helvetia Police. The method used in discussing the formulation of the problem is normative legal research. Normative legal research is an approach carried out based on primary legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. The working relationship between the police functional units in disclosing criminal acts at the Medan Helvetia Police, namely starting from the SPKT Unit of the Medan Helvetia Police coordinating with the police functional units at the Medan Helvetia Police to conduct a crime scene check (TKP); the Samapta Unit carries out security around the house object; the Intelkam Unit conducts an investigation into the case, collects information or (Pulbaket); the Criminal Investigation Unit conducts an in-depth investigation at the crime scene; the Traffic Unit regulates traffic around the crime scene; the Binmas Unit coordinates with the Head of the Environment and local sub-district and the Samapta Unit of the Medan Helvetia Police carries out patrols in the area. Meanwhile, the factors that hinder the working relationship between the police functional units in disclosing criminal acts at the Medan Helvetia Police are external factors such as the lack of public knowledge of the importance of handling the crime scene (TKP); time factors; weather factors. While internal factors consist of being less careful or careless towards an object; lack of facilities and infrastructure for officers; quality of identification officers; facilities and infrastructure.
Analysis of Judges' Considerations Regarding Divorce Lawsuits Caused by Domestic Disputes Eka Kristina Sinaga; July Esther
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.318

Abstract

Analyzing the Legal Considerations of the Panel of Judges in deciding a divorce lawsuit caused by domestic disputes, by examining the legal reasons used as the basis for decision making. Identifying factors that influence the judge's decision, both objective and subjective, such as evidence presented, reconciliation efforts, and social or psychological impacts on married couples and children. This research uses a normative research method, which is a research method that focuses on the analysis of applicable legal norms, both in statutory regulations and court practice. This research aims to analyze the legal considerations of the panel of judges in deciding divorce lawsuits caused by domestic disputes, by referring to relevant legal regulations and court decisions. Based on the research results, it can be concluded that the panel of judges' legal considerations regarding divorce lawsuits caused by domestic disputes are very complex and involve various legal, social and psychological factors. Limitations in Analyzing Psychological and Social Factors: Judges' considerations often involve deep psychological factors related to family dynamics, but these factors are difficult to analyze objectively by relying solely on legal documents and court decisions. This research has the potential to make a significant contribution to improving family law practice in Indonesia, improving existing legal processes, and having a positive impact on individuals and communities involved in divorce
Legal Protection For Wife As A Victim Of Domestic Violence Based On Law No. 23 Of 2004 On The Elimination Of Domestic Violence Saniah Saniah
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.320

Abstract

This study discusses domestic violence, especially against wives, after the issuance of Law No. 23 of 2004 concerning "Elimination of Domestic Violence.” This study aimed to determine the protection of wives as victims of domestic violence. The research method used was normative legal research, using primary, secondary, and tertiary legal materials. Library research was conducted to collect legal materials. The conclusion that can be put forward is that Law No. 23 of 2004 has normatively provided protection to victims or wives, but it is still not comprehensive, and there are still forms of protection that require more detailed explanation or description.
Fulfillment of Children's Rights After Divorce : A Comparative Study in Qatar, Egypt, Indonesia, Malaysia, and Jordan Muslih Muslih; Akbarizan Akbarizan; Akmal Abdul Munir; Akel Fernando; Andi Marwan
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.322

Abstract

Divorce is a global phenomenon with significant implications for children's rights. This study aims to conduct a comparative analysis of the fulfillment of children's rights after divorce in five countries with different legal systems: Qatar, Egypt, Indonesia, Malaysia, and Jordan. The research employs a normative juridical method with a comparative legal research approach through literature review and legal document analysis. The findings reveal that each country has a unique mechanism for ensuring children's rights after divorce. Diverse legal systems—ranging from common law, civil law, to Islamic law—lead to variations in approaches to ensuring custody, care, and protection for children. The study identifies four critical dimensions in fulfilling children's rights: the right to survival and development, the right to protection, the right to education, and the right to participation. The comparative analysis highlights that cultural factors, legal systems, and political commitment play a fundamental role in determining the effectiveness of child rights protection after divorce. Key recommendations of this study include the need for regulatory harmonization, strengthening enforcement mechanisms, and developing sustainable monitoring systems. This research provides theoretical and practical contributions to understanding the complexity of fulfilling children's rights across global legal systems.
Law Enforcement Against Illegal Parking Attendants as Perpetrators of Extortion Crimes With the Restorative Justice Method in the Jurisdiction of the Medan Sunggal Police Yolla Veronica Sembiring; Yasmirah Mandasari Saragih; T. Riza Zarzani
International Journal of Law and Society Vol. 2 No. 1 (2025): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v2i1.323

Abstract

Extortion by illegal parking attendants is very troubling to the community, especially motorists, and law enforcement should be carried out. Based on the description above, the author is interested in making the problem a research entitled Restorative Justice as an Approach in Law Enforcement Against Perpetrators of Extortion Crimes. This journal aims to describe and analyze the factors that cause the crime of extortion and the role of restorative justice as a method of law enforcement against the perpetrators of the crime of extortion. The research method used in this study is empirical juridical research. There are several factors that cause the occurrence of extortion crimes, namely economic, environmental, educational, lack of supervision and law enforcement and lack of legal awareness in the community. The Medan Sunggal Police enforce the law through alternative or restorative justice. Restorative justice is the settlement of criminal cases by involving the perpetrator, the victim, the perpetrator/victim's family, and other related parties to jointly seek a fair settlement by emphasizing restoration to the original state, and not retaliation.

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