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Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30319684     EISSN : 30319706     DOI : 10.62383
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Topics of interest in the Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 299 Documents
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Kedudukan Hukum Anak Luar Kawin dalam Pemeliharaan Pasca Putusan Mahkamah Konstitusi No 46 /PUU–VIII /2010 Cindi Amalia Putri; Rohman Kusmayadi, Rudy Catur
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1229

Abstract

The family is an essential social unit that contributes significantly to the protection of children's rights and welfare. In the context of Indonesian law, the legal status of children born out of wedlock was severely limited before the Constitutional Court Decision No. 46/PUU-VIII/2010. This study aims to examine changes in the legal status of out-of-wedlock children and their implications for custody after the decision. This research uses a qualitative method with a literature research approach, through the analysis of primary and secondary legal materials, such as Constitutional Court decisions, scientific literature, legal journals, and relevant laws and regulations. Prior to the Constitutional Court's ruling, children born out of wedlock were only recognized as having a civil relationship with their mother and mother's family, which had an impact on limited children's access to legal identity, custody, and inheritance. However, the Constitutional Court Decision No. 46/PUU-VIII/2010 opens up the opportunity to recognize the legal relationship between an out-of-wedlock child and his biological father, as long as it can be scientifically proven (through DNA tests) and legally. This change strengthens the position of children in obtaining custody (alimentasi), including the right to maintenance, protection, education, and financial support from the biological father. This ruling reflects significant progress in the protection of children's rights and the application of the principle of non-discrimination in Indonesian family law. Nevertheless, implementation in the field still faces challenges, both administratively, such as the convoluted recognition process, and socially, especially the stigma against children out of wedlock. Other challenges include low public legal literacy, limited access to scientific proof institutions, and the non-optimal role of the state in guaranteeing the rights of children born out of wedlock.
Paradigma Oposisi dan Prinsip Check and Balances dalam Sistem Ketatanegaraan di Indonesia Indra Budi Jaya
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 3 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i3.755

Abstract

Opposition is an important element in a democratic system that functions as a mechanism of control over power. In the context of Indonesian constitutionality, the existence of the opposition is a prerequisite for the realization of a healthy and effective democracy. However, in practice, the term opposition is often equated with the principle of checks and balances, thus causing a blur of meaning between the two. This paper aims to examine the paradigm of the opposition in the Pancasila democratic system and analyze the relationship between the opposition and the principle of checks and balances in the Indonesian constitutional system. This research uses a qualitative method with a normative juridical approach, through a conceptual approach and a legislative approach. An analysis was carried out on the doctrines of constitutional law and provisions in the 1945 Constitution of the Republic of Indonesia related to the implementation of opposition and the principle of checks and balances. This approach was chosen to explore legal issues in depth and find a comprehensive understanding of the role of the opposition in the Indonesian constitutional system. The results of the study show that even though Indonesia does not adhere to a parliamentary or presidential system with two parties, the implementation of the opposition is still relevant and carried out with attention to the values of consensus in Pancasila democracy. The opposition in Indonesia is not confrontational, but constructive and oriented towards strengthening the system of supervision of power. Opposition and the principle of checks and balances are two concepts that are terminologically different, but interrelated and inseparable in Indonesian constitutional practice. Both serve as important instruments in maintaining the balance of power and ensuring accountability in the administration of government. Thus, a proper understanding of the opposition paradigm and the principle of checks and balances is the key to strengthening constitutional democracy in Indonesia.
The Essence of the Principles of Legality and Law Living in a Post-Criminal Law Reform Society Albri Labaka
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.859

Abstract

This research aims to analyze the essence of the principle of legality and the recognition of living law in society after the reform of the Indonesian National Criminal Code (KUHP). The study employs normative or doctrinal juridical research, which relies on a legislative and conceptual approach. The principle of legality is a fundamental doctrine in criminal law, emphasizing that no individual may be punished without pre-existing legal provisions. This principle is crucial not only as an instrument to guarantee legal certainty but also as a safeguard of human rights against arbitrary and repressive actions of the state. Traditionally, the principle of legality contains several core elements, namely lex scripta (law must be written), lex certa (law must be clear), lex stricta (prohibition of analogy), and lex praevia (non-retroactivity of law). These elements ensure that criminal provisions are accessible, predictable, and prevent abuse of power. However, with the enactment of the new Criminal Code in 2023, the meaning and application of this principle have shifted. The reform introduces a transition from a strictly formal legality principle toward a material legality principle. This development is particularly reflected in Article 2, paragraph (1) of the new Criminal Code, which explicitly recognizes living law (hukum yang hidup dalam masyarakat) as a legitimate source of criminal law. The recognition of living law expands the scope of legality beyond statutory law to include unwritten norms that are deeply rooted in local communities and cultural traditions. On the one hand, this reform represents an effort to align national criminal law with Indonesia’s socio-cultural realities. On the other hand, it also raises critical debates regarding legal certainty, uniformity, and potential conflicts with universal human rights standards.
Urgensi Urgensi Pembuatan Perjanjian Tertulis sebagai Wujud Perlindungan Hukum Bagi Pelaku Arisan Online Andreas Andrie Djatmiko; Dinar Ayu Marta
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1202

Abstract

Advances in digital technology have brought significant changes to various aspects of life, including socio-economic activities such as arisan (social gathering). Arisan, which was previously conducted conventionally, has now begun to transform into online arisan. This change offers several advantages, including ease of access, reduced time constraints, and a wider range of participation. However, behind this convenience, an equally important challenge lies the lack of regulation and oversight of online arisan practices, which are prone to legal threats. This study aims to examine the urgency of creating written agreements in the implementation of online arisan and examine their legal force as a form of legal protection for the actors, both organizers and members. Using a normative juridical method through a regulatory-statutory approach and case studies, this study emphasizes the importance of legal validity in civil relations formed through online arisan. Data were obtained through observation, interviews, and documentation, which were then analyzed through a process of data reduction, presentation, and drawing conclusions. The results of the study indicate that written agreements in online arisan have legally binding force as long as they meet the requirements for a valid agreement according to Article 1320 of the Civil Code. The existence of a written agreement can increase legal certainty, strengthen the legal standing of the parties, and serve as valid evidence in the event of a breach of contract. Therefore, creating a written agreement is crucial to avoid losses and strengthen legal protection in online arisan (social savings and credit) practices. Furthermore, a written agreement also reflects the good faith of the parties in carrying out their commitments professionally and responsibly. This serves as an important foundation for building trust and creating a transparent and accountable online arisan system. Therefore, it is recommended that every online arisan participant create a clear written agreement and have it notarized to strengthen its legality.
Legal Protection Against Cybercrime from Ransomware Attacks and Evaluation of the 2025 Cyber Security and Resilience Bill in Indonesia's Defense Seri Mughni Sulubara; Virdyra Tasril; Nurkhalisah Nurkhalisah
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1234

Abstract

This research examines in-depth legal protection against cybercrime in Indonesia, with a specific focus on ransomware attacks. It also evaluates the 2025 Draft Cyber Security and Resilience Law (RUU KKS) as a measure to strengthen the national cyber defense system. The increase in ransomware cases targeting personal data, public institutions, and vital infrastructure has posed a serious threat to information security and national stability. Although the 2008 Electronic Information and Transactions Law (UU ITE) and the 2022 Personal Data Protection Law (UU PDP) serve as the legal basis, these two regulations do not yet specifically and comprehensively regulate ransomware. This results in challenges in law enforcement and victim protection, both in technical aspects, coordination, and human rights protection. The research method used is normative legal with a qualitative approach, which includes analysis of primary and secondary legal materials, as well as comparisons with regulations in several countries that have more mature ransomware handling mechanisms. The analysis of the 2025 Cyber Security Bill (RUU KKS) indicates that this draft regulation has the potential to strengthen the authority of cyber authorities, mandate reporting of cyber incidents, and impose stricter sanctions on perpetrators. However, implementing this policy requires effective cross-agency coordination, transparent oversight, and synergy between the public and private sectors. This study concludes that the 2025 Cyber Security Bill (RUU KKS) represents a strategic step in building a national cybersecurity system that is adaptive, integrated, and responsive to evolving cyber threats. However, its success will depend heavily on improving public digital security literacy, multi-sectoral collaboration, investment in detection and prevention technology, and guaranteeing human rights protection. These findings are expected to provide input for policymakers in formulating comprehensive and sustainable cybersecurity regulations as a bulwark of national defense in the digital era.
Peningkatan Kemampuan Menghafal Mufrodat Melalui Pendekatan Berdiferensiasi Berbantuan Media Pada Pembelajaran Bahasa Arab di Kelas III Madratsah Ibtidaiyyah Salamah Kota Jambi Rengganis Diladias; Andi Nurhasanah
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1236

Abstract

This study aims to determine the effectiveness of the media-assisted differentiation method in improving the ability to memorize Arabic vocabulary in grade III students of MI Salamah. The background of this study is based on the phenomenon of low student ability in memorizing vocabulary due to teaching techniques that tend to be monotonous and repetitive, thus less motivating students to learn actively. This study uses the Classroom Action Research (CAR) approach referring to the John Elliot model, which is implemented in two cycles, each including the planning, action implementation, observation, and reflection stages. The subjects of the study were 26 grade III students. Data were collected through oral examinations, interviews, and observations of teaching and learning activities. The results of the study showed a significant increase in students' ability to memorize vocabulary after the application of the media-assisted differentiation method. In Cycle I, the average percentage of student and teacher activity achievement was 72%, with only 61.54% of students being able to reach the memory test passing standard. After the strategy improvement in Cycle II, the average student and teacher activity increased to 90%, while the percentage of students reaching the memory test passing standard jumped to 92.30%. This improvement demonstrates that the differentiation method, which utilizes learning media, provides more varied, engaging stimuli, and is tailored to each student's learning characteristics. The conclusion of this study is that the media-assisted differentiation method is effective in improving elementary school students' memorization of Arabic vocabulary. The implication of this finding is the importance of teachers implementing creative, adaptive, and media-based learning approaches to optimize Arabic language learning outcomes, particularly vocabulary mastery.
Kaing Lunggi Bekasad sebagai Artefak Warisan Budaya pada Koleksi Songket Museum Daerah Sambas Sunandar Sunandar
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 3 (2025): Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i3.1237

Abstract

This study examines in depth the history and development of Kaing Lunggi—the local term for songket cloth—in the Sambas region, West Kalimantan. This study has two main focuses. First, tracing the history of the cloth and textile trade in Southeast Asia that became the background for the entry of external influences into the Sambas region. Second, understanding how Kaing Lunggi emerged, developed, and transformed within the social, economic, and cultural contexts of the local community. Using a historical approach and textile cultural analysis, this study positions Kaing Lunggi as a cultural product born from the dynamics of regional trade since the Sambas Sultanate era. Historical records show that trade networks during that period connected Sambas with major trading centers such as Malacca, Singapore, and the coastal areas of Borneo. Through this route, there was an exchange of raw materials, weaving techniques, and decorative motifs that were then adapted by local artisans. The process of aculturation is visible in Kaing Lunggi motifs that combine local elements with external influences, such as typical Indonesian flora and fauna combined with geometric patterns and typical Malay stylization. The songket weaving technique demonstrates high skill and has been passed down through generations, making it an important part of intangible cultural heritage. Besides its economic value as a trade commodity, Kaing Lunggi also holds a symbolic role. It is worn in various traditional ceremonies, religious celebrations, and as a marker of social status in Sambas society. The use of color, gold thread, and the complexity of the motifs serve as indicators of the wearer's identity and prestige. The results of this study confirm that traditional textiles such as Kaing Lunggi function not only as cultural artifacts but also as active agents in shaping the history and identity of the community. They represent cross-cultural encounters and serve as evidence of the resilience of local traditions amidst globalization.
Perlindungan Hukum Bagi para Pihak dalam Perjanjian Jual Beli: Perbandingan Antara Kitab Undang-Undang Hukum Perdata dan Fikih Muamalah Abd Rahman Saleh; Imam Fawaid
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1245

Abstract

This study aims to analyze and compare legal protection for parties in a sale and purchase agreement based on the Civil Code (KUHPer) and Islamic law, using the fiqh muamalah approach. A sale and purchase agreement is a very common legal transaction in everyday life, so it is important to ensure legal certainty and justice for all parties involved. The research method used is normative-comparative with literature study techniques, which allows researchers to examine the differences and similarities in legal protection in both legal systems. The results show that in civil law, there is an emphasis on the principle of freedom of contract which gives space for the parties to determine the contents of the agreement according to their wishes, as long as it does not violate applicable laws and regulations. The formal form of the agreement is also an important aspect of legal protection, with regulations regarding default and fulfillment of performance that give the injured party the right to obtain compensation or fulfillment actions in accordance with the agreement. Meanwhile, Islamic law emphasizes the aspect of the lawfulness of the object of the sale and purchase, which must meet certain conditions for the transaction to be considered valid. Furthermore, in Islamic law, the consent or voluntary agreement of both parties is a primary requirement for a valid sale and purchase agreement to conform to the principles of substantial justice. While these two approaches differ philosophically and normatively, they share the same goal of protecting the rights and obligations of the parties involved in the sale and purchase agreement, thereby creating a fair transaction that does not disadvantage either party. The differences in approach between civil law and Islamic law are also evident in the dispute resolution mechanisms.
Studi Kasus Putusan Pengadilan Tinggi Mataram Nomor 183/PDT/2023/PT MTR tentang Pemeriksaan Setempat Gugatan Kurang Pihak dan Implikasi Putusan terhadap Objek Sengketa Soraya Firmansjah; Artaji Artaji; Rai Mantili
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1251

Abstract

The Mataram High Court Decision Number 183/PDT/2023/PT MTR, which upheld the Selong District Court Decision Number 59/PDT/2023/PN SEL, stated that the Appellants' (formerly the Plaintiffs) lawsuit was inadmissible because there were parties who had not been involved in the case (lack of parties). The legal fact regarding this lack of parties had actually emerged since the on-site examination stage conducted by the Panel of Judges at the first instance. In fact, this had also been expressly conveyed by the Appellees (formerly the Defendants) through an exception. However, the Panel of Judges rejected the exception and ultimately contradictorily declared the lawsuit inadmissible. This study emphasizes the urgency of considering the results of the on-site examination in relation to the lack of parties and its implications for the ownership status of the disputed object after the decision. The research method used is a normative juridical approach, with analysis referring to statutory provisions, legal doctrine, and civil law principles. Specifically, this study highlights the law of evidence and the position of on-site examination in the judicial process. The research results show that on-site inspections actually play a crucial role in assessing evidence and witness statements related to the existence of parties who should be called into the lawsuit. However, this urgency is lost because the panel of judges' considerations are inconsistent with the provisions regarding the strength of evidence as stipulated in Article 284 of the RBg. Furthermore, the exception regarding the lack of parties whose substance is similar to the results of the on-site inspection is actually set aside. A further implication of this decision is that the ownership status of the disputed object does not change. After the decision is rendered, the object remains in the possession of the Respondents, without legal clarity regarding who the party legally has authority over it.
Analisis Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana Pembunuhan Pengidap Skizofrenia Paranoid Putri Cahya Andrianti; Firganefi Firganefi; Sri Riski; Eko Raharjo
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 2 No. 5 (2025): September : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v2i5.1253

Abstract

Criminal liability, also known as "criminal responsibility," is a legal assessment that is made after all elements of a criminal act are met or evidence of a criminal act is proven. The purpose of this assessment is to determine whether the defendant can be held accountable for the criminal act committed. This study specifically focuses on criminal liability for the perpetrator of murder who is a person with paranoid schizophrenia, as well as the factors that influence the act of murder. The approaches used in this study are normative juridical and empirical juridical juridical The research involved the Judge of the Gedong Tataan District Court and a Psychiatrist at the Regional Psychiatric Hospital of the University of Lampung as the main speakers. Data collection was carried out through literature studies and field studies to obtain a comprehensive picture related to the legal, medical, psychological, and social aspects of the case being studied. The results of the study show that the defendant, even though it is legally proven that he committed a criminal act as stated in Decision No. 105/Pid.B/2023/PN.Gdt, is bound by the provisions of Article 5 letter a juncto Article 44 Paragraph (3) of Law Number 23 of 2004 concerning the elimination of domestic violence. However, based on judicial, medical, and psychological considerations, the defendant cannot be criminally held liable for his actions for excused reasons related to mental disorders. Factors that affect this act of murder include psychological aspects, psychological conditions, mental health, traumatic experiences, and the social and family environment in which the perpetrator grew up. The analysis shows the importance of an integrative understanding between criminal law, psychiatry, and social conditions in determining criminal liability.

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