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Majelis: Jurnal Hukum Indonesia
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 3063380X     EISSN : 063380X     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal ini menyajikan artikel-artikel yang mencakup berbagai aspek hukum, mulai dari hukum perdata, pidana, administrasi negara, bisnis, lingkungan, hingga hukum internasional yang relevan dengan Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 83 Documents
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Pengsahan Perkawinan di Pengadilan Agama Surabaya : (Penetapan Nomor 2540/Pdt.P/2024/PA.Sby) Anisa Putri Wardani; Indah Purbasari
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.263

Abstract

The validation of marriage is an examination of the bond between a man and a woman as life partners that has been carried out in accordance with the teachings of Islam, and the fulfillment of the elements and requirements for the validity of the marriage bond, but has not yet been registered with the relevant authorities. This study focuses on the analysis of the Surabaya Religious Court decision number 2540/Pdt.P2024/PA.Sby. This paper discusses the legal basis and requirements for the validation of marriage that were considered by the judge in making the decision to validate the marriage.
Discontinuity in Regulations Regarding Health Workers in Health Law Legislation with the Principle of Legal Certainty Gultom Rosmaida Feriana; Zainal Arifin Hosein
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.279

Abstract

The discontinuity of regulations concerning health workers in health law legislation poses a challenge for the application of the principle of legal certainty in Indonesia. The principle of legal certainty is an essential foundation in the legal system that guarantees the rights and obligations of health workers and the community. However, there is a gap between the regulations for health workers and the principle of legal certainty, which impacts the clarity of the legal status, rights, and obligations of health workers. This research aims to examine the discontinuity between health workers' laws and the application of the principle of legal certainty, as well as the impact arising from this inconsistency. Additionally, this research identifies efforts that can be made to align labor regulation and health worker regulations with the principle of legal certainty. Using normative legal research methods through legislative and conceptual approaches, this study finds that regulatory harmonization is necessary to strengthen legal certainty in health worker regulation in Indonesia.
Comparison of Unlawful Acts in Criminal Law and Civil Law in Indonesia Verdy Hengky Kalele; Zainal Arifin Hosein
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.280

Abstract

This study aims to analyze the comparison between unlawful acts (PMH) in criminal law and civil law in Indonesia, focusing on the differences in definitions and the elements that constitute unlawful acts in both legal systems, as well as the implications of the application of PMH in each field of law. The research method used is normative juridical, with legislative and conceptual approaches to examine the provisions in the Criminal Code (KUHP) and the Civil Code (KUHPer). This study identifies fundamental differences in objectives, sanctions, and legal subjects involved, as well as their impact on individual and societal interests. The research findings show that although there are similarities in the basic principles regulating PMH, significant differences lie in the nature of the sanctions imposed, where criminal law emphasizes prevention and punishment, while civil law focuses on compensation and recovery of losses. This research provides insights into how these two legal systems complement each other in maintaining justice and order in Indonesia.
Konstitusi dan Kewarganegaraan : Implikasi Yuridis dari Perubahan Pasal – Pasal UUD 1945 Terkait Kewarganegaraan Ahmad Muhamad Mustain Nasoha; Ashfiya Nur Atqiya; Fadhil Abdulloh; Elsa Fikry Nurcahya; Nihayatun Nisa
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.295

Abstract

This study looks at the legal ramifications of changing the Republic of Indonesia's 1945 Constitution's articles pertaining to citizenship (UUD 1945). The complexity of citizenship issues has increased with globalization, especially when it comes to dual citizenship and the rights of Indonesians residing outside. This study is classified as doctrinal research since it examines legal sources to determine legal principles. The study finds that amendments to the UUD 1945 are necessary to better align Indonesia's citizenship policies with global developments. However, these changes must be carefully considered to protect human rights and maintain national loyalty and identity. Reforming Indonesia's citizenship laws should be done thoughtfully, with input from various stakeholders, to ensure the resulting policies are inclusive and adaptable to the current global context. This research aims to contribute significantly to the development of Indonesia's citizenship policies and to offer a foundation for policymakers in crafting regulations that are more responsive to global challenges.
Konsep Pancasila sebagai Sistem Filsafat : Mengapa Pancasila sebagai Sistem Filsafat Ashfiya Nur Atqiya; Ahmad Muhamad Musta’in Nasoha; Shinta Bunga Islami; Wildan Mukti Ramadhan; Arum Budi Utami
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.307

Abstract

: Pancasila is a philosophical system that is the ideological basis of the Indonesian state. This concept represents a collection of fundamental values that have guided the formation and development of this country since its independence in 1945. Pancasila is not just a political ideology, but also a philosophical framework of thought that integrates five main principles: Belief in one Almighty God, Just and Civilized Humanity, Indonesian Unity, Democracy Led ByWisdom in Deliberation/Representation, and Sosial Justice for All Indonesian People. In this article, we will investigate the orgins, development and relevance of Pancasila in the Sosial, polotical and cultural context of Indonesian. In addition, we will explore how Pancasila as a philosophical system has shaped state policy, defined national identity, and played a role in promoting moral and ethical principles in peoples daily lives.
Pancasila Sebagai Ideologi Bangsa: Perwujudan Nilai Budaya dan Konsensus Dalam Keberagaman Indonesia Ahmad Muhamad Musain Nasoha; Ashfiya Nur Atqiya; Desy Indah Pratiwi; Rachmanda Putri; Sabil An Naim
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 3 (2024): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i3.321

Abstract

Pancasila, as the ideology of the Indonesian nation, plays a crucial role in guiding both individual and collective life. As a worldview rooted in the nation's cultural values, Pancasila reflects local wisdom, acknowledged for its truth, and serves as a foundation for maintaining consistency in thought and action amidst Indonesia's plural society. This article employs a qualitative research method with philosophical and sociological approaches, utilizing literature reviews and critical analysis of various sources related to ideology and national values. The findings reveal that Pancasila possesses unique characteristics distinguishing it from other ideologies, particularly its ability to accommodate diversity without disregarding universal values. All principles of Pancasila are proven to be logical, relevant, and applicable in addressing social, political, and economic challenges, thereby reinforcing its role as an ideal guide for the Indonesian people. These findings affirm Pancasila’s distinctiveness as a unifying ideology adaptable to the dynamics of the times.
Harmonisasi Hukum Islam dan Pancasila Dalam Menangani Kasus Terorisme di Indonesia Ashfiya Nur Atqiya; Ahmad Muhamad Mustain Nasoha; Dista Suryana Putri; Rindi Rahayu; Teuku Ardhan Wardhana
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 3 (2024): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i3.322

Abstract

Handling terrorism cases in Indonesia requires a careful approach considering the diversity of applicable legal sources, especially Islamic Law and Pancasila. This article explores harmonization efforts between the two legal systems in the context of countering terrorism. Islamic law, with its principles that emphasize justice, security and protection of society, offers an approach based on restoration and enforcement of social norms. On the other hand, Pancasila as the basis of the state and national ideology provides a normative framework that emphasizes unity, social justice and human rights. This study analyzes how the principles of Islamic law can be integrated with the Pancasila legal framework to create an effective legal system in dealing with terrorism. The research focus includes a review of existing laws and regulations, policies for handling terrorism, as well as the implementation and implementation of the law in practice. This article also identifies challenges that may arise in the harmonization process, including potential conflict of norms and differences in interpretation between Islamic Law and Pancasila. This study aims to provide strategic recommendations for policy makers and law enforcement officials to create a more holistic and harmonious approach in dealing with terrorism. It is hoped that the integration of the values of Islamic law with the principles of Pancasila can strengthen efforts to prevent and overcome terrorism, as well as maintain the diversity and unity of the nation. Thus, this research contributes to the development of legal policies that are more inclusive and fair, in accordance with the Indonesian social and cultural context.
Tanggung Jawab Notaris dalam Menjalankan Persekutuan Perdata Notaris Cinantya Dwestyola; Nada Amira
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 4 (2024): November: Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i4.328

Abstract

Notaries can join together and run a civil partnership together with other fellow Notaries. However, it is explained in the UUJN, the notary civil partnership is not completely the same as the civil partnership contained in the Civil Code. The purpose of this study is to analyze the responsibility of Notaries in carrying out Notary civil partnerships and the impacts caused by the existence of Notary civil partnerships. This research is processed with a normative juridical approach method, namely by looking at law as a set of regulations/rules or doctrines that have a normative nature (law in book). As a result of the problem, each Notary remains individually responsible for what is done and the legal products made as well as the confidentiality of the contents of the deed become the individual responsibility of the Notary and there are positive and negative impacts of the existence of a Notary civil partnership becoming a common concern for Notaries to become members of the Notary civil partnership.
Perlindungan Hukum Terhadap Hak Hak Masyarakat Desa dalam Konteks Pemerintahan Desa Sholichudin Sholichudin; M. Syahrul Borman; Subekti Subekti
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 3 (2024): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i3.343

Abstract

This research aims to analyze legal protection for village people in the village government context in Indonesia. As a government entity that is located in the country on the frontline of the regional autonomy, village has a strategic role in ensuring its fulfillment hak-hakwarga which includes the right to atas public action, paparticipants in the decision-making process, as well as hakatas sustainable development of millions of people. This research uses a normative juridical approach by analyzing the laws and regulations in force, including Law No. 6 of 2014 concerning Villages, andvarious other related regulations. The results of the research show that even though it's a monkey the law that ang adahas provided protection for the village community, there are still gaps in the village lam perpetratornanannya which requires more attention, especially associated withan increase intankapasitasaparavillage tour andnobservationwasan by the governmenthanderah. This research concludes that increasing the effectiveness of legal protection for rural areas requires antarasynergy governmenth village, governmenthdaerah, andnmasyarakat itself.
Kebijakan Batasan Kekuasaan Eksekutif dan Legislatif dalam Amademen Undang-Undang Dasar 1945 pada Sistem Pemerintahan Edwin Hendrik; Subekti Subekti; M. Syahrul Borman
Majelis: Jurnal Hukum Indonesia Vol. 1 No. 3 (2024): Agustus : Majelis : Jurnal Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/majelis.v1i3.345

Abstract

The amendment to the 1945 Constitution is an important milestone in the history of the Indonesian constitution that aims to improve the system of government and maintain the balance of power between the executive and legislative. This study aims to analyze the policy of limiting executive and legislative powers implemented through the amendment to the 1945 Constitution, and its implications for the system of government in Indonesia. The research method used is normative research with a qualitative approach, through literature studies and analysis of constitutional documents and relevant laws and regulations. Data were obtained from various sources, including the text of the 1945 Constitution before and after the amendment, academic literature, and the results of interviews with constitutional law experts. The results of the study indicate that the amendment to the 1945 Constitution has brought significant changes in the limitation of executive and legislative powers. Among them, the amendment introduced a stronger checks and balances mechanism, clarified the functions and authorities of each state institution, and set limits on the presidential term of office to prevent absolute power.

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