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International Journal Of Synergi In Law, Criminal And Justice
Published by PT. Sinergi Legal Publisher
ISSN : -     EISSN : 30484022     DOI : https://doi.org/10.70321/ijslcj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
International Journal of Synergy in Law, Criminal, and Justice (IJSLCJ): is an academic journal that explores various branches of legal studies including criminal law, civil law, constitutional law, administrative law, commercial law, tax law, labor law, and other related disciplines and derivatives. The journal aims to build synergy among different legal disciplines, reveal the complexity of their interactions, and promote a deeper understanding of the legal system and justice. With an integrative and innovative approach, IJSLCJ appeals to legal practitioners, academics, and researchers focused on comprehensive analysis concerning legal reform, justice policy, and comparative studies within the context of law and justice globally.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 108 Documents
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TRANSFORMATION OF LEGAL POLITICS IN INDONESIA FROM LIBERAL DEMOCRACY TO PANCASILA DEMOCRACY Christianto , Christianto; Ismaidar , Ismaidar; Tamaulina Br. Sembiring
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.75

Abstract

The transformation of legal politics from liberal democracy to Pancasila democracy is an important phenomenon in the history of the legal journey in Indonesia. This change reflects the nation's efforts to create a political and legal system that is in accordance with the personality, culture, and values ​​of Pancasila as the state ideology. During the liberal democracy era, law was oriented towards protecting individual rights and the supremacy of law with a legalistic approach. However, this system faced various obstacles, such as political instability, ideological polarization, and weak consistency in law enforcement. Through the Presidential Decree of July 5, 1959, Indonesia began the transition to Pancasila democracy, which emphasizes the values ​​of deliberation, mutual cooperation, and social justice. This transformation has major implications for legal politics, including a change in legal orientation from individualistic to collective and contextual. However, the implementation of Pancasila democracy is not free from challenges, such as the politicization of law, social inequality, and weak legal culture. This study uses normative methods with a legislative and historical approach to analyze changes in the legal system as well as challenges and opportunities in the implementation of Pancasila democracy today. The results of the study show that, although there are obstacles in the implementation of Pancasila principles, the reform era offers great opportunities to strengthen the legal system through the integration of Pancasila values ​​in legislation, strengthening legal institutions, and digitalizing legal processes. With the right strategy, the values ​​of Pancasila democracy can be integrated more effectively into national legal politics, creating an inclusive, just, and sustainable legal system. This research is expected to contribute to the development of legal political theory and become a reference in efforts to strengthen Pancasila democracy as a legal basis in Indonesia.
LEGAL ANALYSIS OF THE REVERSE BURDEN OF PROOF IN CORRUPTION CASES M. Ridho; Mhd Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.76

Abstract

Corruption is an extraordinary crime that has a systemic impact on state finances and the social order of society. In an effort to eradicate corruption, Indonesia has implemented a limited and balanced reverse burden of proof system as stipulated in Articles 37 and 37A of Law Number 20 of 2001. This system shifts part of the burden of proof from the public prosecutor to the defendant, who is required to prove the origin of wealth that is not balanced with his income. Although this system is effective in accelerating the judicial process, recovering state losses, and providing a deterrent effect, its implementation faces challenges such as limited competence of law enforcers, potential human rights violations, and limited supporting infrastructure. This study uses normative legal methods with a statutory and conceptual approach to analyze the effectiveness of the implementation of the reverse burden of proof system in corruption crimes. The results of the study indicate that this system requires regulatory harmonization, strengthening the capacity of law enforcement, and developing supporting technology to ensure its implementation runs optimally. Recommendations submitted include intensive training for law enforcers, the preparation of clear technical guidelines, and increasing international cooperation to track and recover hidden assets. With these steps, the reverse burden of proof system can be an effective instrument in eradicating corruption without neglecting the principles of justice and protection of human rights.
LEGAL PROTECTION FOR VICTIMS OF IDENTITY THEFT IN THE CYBER SCOPE FROM THE PERSPECTIVE OF NATIONAL CRIMINAL LAW Deny Prabowo; Muhammad Arif Sahlepi
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.78

Abstract

This study critically and in-depth examines the form and effectiveness of legal protection for victims of cyber identity theft within Indonesia's national criminal law system. Although Indonesia has legal instruments such as the Criminal Code (KUHP), the Electronic Information and Transactions Law (UU ITE), and the Personal Data Protection Law (UU PDP), in reality, victim protection remains very weak, formalistic, and non-operational. Victims of digital crime are left to struggle alone in a legal system that is slow, procedural, and lacks empathy. The offender-centered legal approach marginalizes victims' rights, even though identity theft directly impacts the honor, reputation, and security of citizens. This study uses a normative juridical method with a conceptual approach, analyzing various laws and regulations, victimology theory, legal protection doctrine, and jurisprudence. The results show that in addition to the lack of regulation in the Criminal Code regarding data as an object of crime, there is still fragmentation between institutions, weak digital forensic support, and the absence of an appropriate and victim-friendly recovery mechanism. The state cannot simply provide norms; it must also establish a concrete, swift, and responsive system to ensure that victims of digital crime receive substantive justice. This research confirms that victim protection must be a key agenda for future Indonesian criminal law reform, not merely legalistic discourse ungrounded in reality.
EFFECTIVENESS OF CAUCUSES IN PEACE AGREEMENTS BY MEDIATION IN RELIGIOUS COURTS A STUDY IN THE TEBING TINGGI RELIGIOUS COURT Ahmad Junaidi; Azhali Siregar; Henry Aspan
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.81

Abstract

Mediation is a dispute resolution mechanism that is required before a case is examined in court, as regulated in Supreme Court Regulation (PERMA) Number 1 of 2016. One method in mediation that aims to increase the effectiveness of dispute resolution is caucus, which is a separate meeting between the mediator and one party without the presence of the other party. This study analyzes the effectiveness of the caucus method in achieving peace in divorce cases at the Tebing Tinggi Religious Court. The approach used is sociological juridical with a qualitative descriptive method through document studies and observations of the divorce mediation process. The results of the study indicate that the caucus method has a strategic role in helping the parties reveal hidden interests, calm emotions, and build trust in the mediation process. However, the effectiveness of this method is still influenced by various factors, such as minimal understanding of the parties regarding the function of the caucus, the limited time for mediation which is only 30 days, and the mediator's skills in utilizing this session optimally. Other obstacles faced include distrust between the parties, resistance to mediation, and lack of legal understanding regarding the caucus in PERMA No. 1 of 2016. To overcome these obstacles, it is necessary to increase public understanding of the benefits of mediation, as well as strengthening more detailed regulations regarding the procedures for implementing caucuses in PERMA. In addition, mediators must improve their skills in building trust and digging for information effectively in caucus sessions. By optimizing the caucus method, it is hoped that mediation can become a more efficient alternative for resolving disputes, reducing the burden of cases in court, and providing a more humane solution in divorce cases.
LEGAL REVIEW OF CHILD PROTECTION IN FULFILLING THEIR RIGHTS AFTER DIVORCE AND ITS IMPLEMENTATION IN MEDAN RELIGIOUS COURT DECISIONS Agustira Sitorus; T. Riza Zarzani; Mhd. Azhali Siregar
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.82

Abstract

Divorce not only affects the husband and wife, but also has serious consequences for the children born from the marriage. One important aspect that must be considered after a divorce is the fulfillment of children's rights, especially regarding custody, maintenance, and affection from both parents. Although legal regulations in Indonesia, such as Law Number 1 of 1974 concerning Marriage, Law Number 35 of 2014 concerning Child Protection, and the Compilation of Islamic Law have clearly regulated the obligations of parents towards children after a divorce, the implementation of these regulations still faces various obstacles. Many cases show that fathers who are required to provide maintenance often avoid their responsibilities, which has a negative impact on the welfare of children. This study uses an empirical normative legal method with a statutory and comparative law approach to analyze the effectiveness of legal protection for children after divorce, especially in the Medan Religious Court decision. The results of the study indicate that although the court decision has determined the amount of maintenance that must be given, in practice the execution of the decision often encounters obstacles, both due to the low level of father compliance and weak law enforcement mechanisms. Therefore, a more effective policy reformulation is needed, including simplifying execution procedures, strengthening legal sanctions for negligent parents, and a more active role for the state in ensuring the fulfillment of children's rights. With these steps, it is hoped that children's rights after divorce can be protected more optimally, so that the welfare and legal certainty for children remain guaranteed.
LEGAL REVIEW OF THE PROTECTION OF CHILDREN'S RIGHTS IN TERMS OF MAINTENANCE RIGHTS AS A RESULT OF DIVORCE BASED ON THE VALUES OF JUSTICE A STUDY OF DECISIONS IN THE TANJUNG BALAI RELIGIOUS COURT Eddy Sumardi; Henry Aspan; Andoko , Andoko
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.83

Abstract

Divorce not only affects the relationship between husband and wife, but also has serious consequences for children, especially in terms of custody and support. In the Indonesian legal system, child maintenance rights after divorce are regulated in Law Number 1 of 1974 concerning Marriage which has been amended by Law Number 16 of 2019 and Law Number 35 of 2014 concerning Child Protection. The main principle in determining custody rights is the best interest of the child, as stated in national and international law. In Islamic law, hadhanah is generally given to the mother, especially for children who are not yet mumayyiz. This study aims to analyze legal protection of children's rights in post-divorce maintenance through a case study of the Tanjung Balai Religious Court's decision. The results of the study indicate that there are challenges in the implementation of court decisions, especially in the execution of custody rights and the fulfillment of child support. In some cases, court decisions are not followed by an effective execution mechanism, causing children's rights not to be fully fulfilled. Therefore, a clearer legal reconstruction is needed regarding post-divorce child care, including strengthening regulations regarding child support and the execution of court decisions. In addition, the shared parenting approach can be an alternative in maintaining children's welfare while still involving both parents in their care.
IMPLEMENTATION OF MEDIATION IN AN EFFORTS TO SETTLE ISLAMIC FAMILY LEGAL DISPUTES IN THE PEMATANGSIANTAR RELIGIOUS COURT Muliadin , Muliadin; T. Riza Zarzani; Andoko, Andoko
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.84

Abstract

This study examines the effectiveness of mediation in resolving Islamic family law disputes in the Pematangsiantar Religious Court. Using a qualitative approach, this study analyzes data obtained from observations, interviews, and literature studies related to mediation practices in Indonesia. The results of the study indicate that although mediation has been integrated into the judicial system through Supreme Court Regulation (Perma) No. 1 of 2016 concerning Mediation Procedures, there are still various obstacles that reduce its effectiveness. These obstacles include limited mediator skills, lack of motivation and incentives for mediators, and low public awareness of the benefits of mediation. This study also highlights the importance of training and certification for mediators to improve the quality of mediation and the need for educational campaigns to raise public awareness. The conclusion of this study emphasizes the need for a multi-faceted strategy to improve the effectiveness of mediation in religious courts, which focuses not only on legal and procedural aspects but also on increasing mediator capacity and active community participation. This study contributes to a deeper understanding of mediation as an alternative to resolving Islamic family law disputes and proposes a more holistic approach to implementing mediation in Indonesian religious courts.
PERSPECTIVE ON PROTECTION OF THE RIGHTS OF MINORS IN MARRIAGE DISPENSATION IN RELIGIOUS COURTS Yanuar Hakim Nst; T.Riza Zarzani; Andoko , Andoko
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.85

Abstract

Child marriage is still a serious problem in Indonesia even though the minimum age for marriage has been raised through Law Number 16 of 2019. One of the legal loopholes that allows child marriage to continue to occur is the marriage dispensation mechanism that can be submitted to the Religious Court for urgent reasons. In practice, almost all requests for marriage dispensation are granted, with the main reasons being pregnancy outside of marriage and social pressure. This shows that increasing the minimum age for marriage has not been fully effective in preventing child marriage. This study uses a sociological legal approach with a qualitative descriptive method to analyze the legality of marriage dispensation for minors. The results of the study indicate that there is inconsistency in the application of marriage dispensation, where judges often grant requests without considering the child's physical, mental, and social readiness. In addition, there is a contradiction in the regulation, where the Child Protection Law requires parents to prevent child marriage, but on the other hand, the Marriage Law still provides an opportunity to apply for dispensation. From an Islamic legal perspective, child marriage should not only be viewed from a formal legal aspect, but also consider the maqashid sharia, namely protection of the soul, mind, and descendants. Therefore, stricter legal reform is needed in granting marriage dispensation, including strengthening regulations, supervision of religious court decisions, and increasing public awareness of the negative impacts of child marriage. Thus, marriage dispensation must really be used as a last resort (ultimum remedium) in emergency conditions and not as a means to legalize child marriage, so that the protection of children's rights can be realized optimally.
LEGAL REVIEW OF THE POSITION OF ADOPTED CHILDREN IN INHERITING INHERITANCE BASED ON THE COMPILATION OF ISLAMIC LAW (KHI) IN INDONESIA Yasinta Elka Prasastiningrum; Andoko , Andoko; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.86

Abstract

Inheritance of property for adopted children in the Indonesian legal system is still a matter of debate due to the existence of legal pluralism that includes Islamic inheritance law, customary inheritance law, and civil inheritance law. In Islamic law, adopted children do not have inheritance rights because they do not have a blood relationship with their adoptive parents. However, in the Compilation of Islamic Law (KHI), adopted children can obtain a portion of the inheritance of their adoptive parents through the mandatory will mechanism, as regulated in Article 209 of the KHI, with a maximum limit of 1/3 of the total inheritance. This study aims to analyze the legal status of adopted children in the Islamic inheritance system in Indonesia and the implementation of the concept of wajibah will in court decisions. The case study used is the Decision of the Palembang Religious Court Number 2142/Pdt.G/2017/PA.Plg and the Decision of the Palembang High Religious Court Number 35/Pdt.G/2018/PTA.Plg. The results of the study indicate that at the first level, the Palembang Religious Court determined the adopted child as the heir, which is contrary to Islamic law. However, at the appeal level, the Palembang High Religious Court revised the decision by determining the adopted child as the recipient of the wajibah will of 1/6 of the inheritance of his adoptive parents. The application of mandatory wills in this case reflects the flexibility of Islamic law in Indonesia in accommodating developing social practices. Mandatory wills are a legal solution that bridges the need for protection of adopted children while still respecting the rights of biological heirs. Therefore, the existence of mandatory wills in the Islamic inheritance law system in Indonesia is a form of legal reform that aims to create justice and balance in the distribution of inheritance.
THE URGENCY OF REGULATION OF SIGHAT TAKLIK TALAK TO PROTECT WIVES' RIGHTS IN MARRIAGE FROM A POSITIVE LEGAL PERSPECTIVE IN INDONESIA Febrianda, Febrianda; Mhd. Azhali Siregar; T. Riza Zarzani
International Journal of Synergy in Law, Criminal, and Justice Vol. 2 No. 1 (2025): SLP-IJSLCJ
Publisher : PT. Sinergi Legal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70321/ijslcj.v2i1.87

Abstract

Sighat ta'lik talak is an agreement made by a husband after the marriage contract, which gives the wife the right to file for divorce if the husband violates the agreed provisions. In the Islamic legal system in Indonesia, sighat ta'lik talak is recognized in the Compilation of Islamic Law (KHI) and several related regulations, but does not yet have a strong legal basis in Law Number 16 of 2019 concerning Marriage. As a result, sighat ta'lik talak is often viewed as a formality without a deep understanding of its legal implications. In practice, violation of sighat ta'lik talak does not immediately lead to divorce, but must be submitted to the Religious Court to obtain a legal decision. This study uses a normative legal method with a doctrinal-deductive approach and analysis of legal regulations related to sighat ta'lik talak. The results of the study indicate that sighat ta'lik talak has an important role in protecting the rights of wives, especially in cases of neglect of livelihood and domestic violence. However, there are still obstacles in its implementation, including the lack of public understanding and the absence of regulations governing the legal consequences for husbands who violate sighat ta'lik talak. Therefore, it is necessary to strengthen the position of sighat ta'lik talak in Indonesian positive law to be more effective in providing legal protection for wives. In addition, a revision of the sighat ta'lik talak clause to be more relevant to current social and economic conditions is also urgent.

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