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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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LEGAL REVIEW OF THE POSITION OF MEDIATION AS AN EFFORT TO RESOLVE CASES IN RELIGIOUS COURTS IN INDONESIA (ANALYSIS OF PERMA NUMBER 1 OF 2016) (STUDY IN SIBOLGA RELIGIOUS COURT) Ari Ambrianti; Andoko, Andoko; 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.v2i1.88

Abstract

The judicial system in Indonesia plays an important role in enforcing the law and providing legal certainty for the community. However, the lengthy litigation system and high costs often become obstacles in resolving disputes. Mediation as an alternative form of dispute resolution offers a faster, more efficient, and win-win solution. The Supreme Court has strengthened the role of mediation through various regulations, including Supreme Court Regulation (PERMA) Number 1 of 2016 concerning Mediation Procedures in Court. This regulation requires the parties to undergo mediation before proceeding to the litigation process, with the aim of reducing the burden of cases in court and encouraging more peaceful dispute resolution. This study focuses on the implementation of mediation in dispute resolution at the Sibolga Religious Court based on PERMA Number 1 of 2016. The results of the study indicate that although the regulation has been quite comprehensive, the implementation of mediation still faces various obstacles, such as the low success rate of mediation, lack of public understanding of the benefits of mediation, and limited number of competent mediators. Therefore, strategic efforts are needed, such as increasing the capacity of mediators, wider socialization to the community, and incentives for mediators who succeed in resolving cases. With these steps, the effectiveness of mediation in the Religious Court is expected to increase, so that dispute resolution can be faster, cheaper, and fairer.
LEGAL REVIEW OF THE GRANTING OF MARRIAGE DISPENSATION BY THE COURT FOR UNDERAGE CHILD MARRIAGE BASED ON LAW NO. 16 OF 2019 AS AN AMENDMENT TO LAW NO. 1 OF 1974 CONCERNING MARRIAGE Maharani, Maharani; Henry Aspan; 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.v2i1.89

Abstract

Child marriage is a phenomenon that still occurs in Indonesia even though the government has taken various steps to prevent it, one of which is through the revision of Law Number 1 of 1974 to Law Number 16 of 2019 concerning Marriage. In this regulation, the minimum age limit for marriage is raised to 19 years for men and women. However, this regulation still provides room for child marriage through the marriage dispensation mechanism, as regulated in Article 7 paragraph (2). This dispensation allows parents to submit an application to the religious court on urgent grounds. Ironically, in practice, the courts tend to grant almost all requests for marriage dispensation, which is contrary to the original purpose of the law to reduce the number of child marriages. This study aims to analyze the effectiveness of granting marriage dispensation from a legal perspective and its impact on the protection of minors. The research method used is a normative legal approach by analyzing related regulations, legal doctrines, and court decisions. The results of the study indicate that the marriage dispensation mechanism is still a legal loophole that allows the practice of child marriage to continue to occur. The main factors influencing the high number of marriage dispensations include social pressure, economic factors, and cultural norms that still consider early marriage as a solution to various family problems. Therefore, efforts are needed to tighten regulations, increase public legal awareness, and strengthen the role of child protection institutions so that marriage dispensation is not misused and truly functions as a child protection mechanism in accordance with the principle of legal benefit.
LEGAL ANALYSIS OF LEGAL PROTECTION OF THE RIGHTS OF FOR-WIVES AND CHILDREN AFTER DIVORCE IN INDONESIAN LAWS AND REGULATIONS BASED ON THE VALUES OF JUSTICE Ade Syafitri; Andoko , Andoko; 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.v2i1.90

Abstract

Legal protection for the rights of ex-wives and children after divorce in Indonesia still faces challenges in its implementation. Although regulations such as the Marriage Law and the Compilation of Islamic Law have regulated the obligations of ex-husbands to provide iddah, mut'ah, and children's rights, weak law enforcement mechanisms often result in these rights not being fulfilled. The lack of criminal sanctions for negligent ex-husbands, disparity in treatment in cases of divorce by talak and divorce by lawsuit, and low public legal awareness are the main obstacles in the realization of this legal protection. This study uses a normative legal method with a descriptive-analytical approach to examine legal arrangements and related policy implementation. The results of the study indicate that stricter legal reforms are needed, including enforcing sanctions for ex-husbands who do not fulfill their obligations, implementing an inter-agency interconnection system to ensure the execution of decisions, and increasing women's legal awareness so that they can fight for their rights. With a more comprehensive policy, legal protection for women and children after divorce can be more optimal, creating justice based on the principle of welfare.
LEGAL REVIEW OF THE LEGALITY OF MARRIAGE AGREEMENTS OF BROUGHT PROPERTY AND GONO GINI PROPERTY TO REALIZE WELFARE FROM A POSISTIVE LEGAL PERSPECTIVE IN INDONESIA Suwarlan , Suwarlan; Andoko , Andoko; 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.v2i1.91

Abstract

A marriage agreement is a legal instrument that provides certainty and protection for a husband and wife in regulating the ownership and division of assets, both assets brought into the marriage and joint assets. In practice, disputes regarding assets in a marriage often arise, especially in cases of divorce and inheritance. Positive Indonesian law has regulated the mechanism of a marriage agreement in Law Number 1 of 1974 concerning Marriage, the Civil Code (KUHPerdata), and the Compilation of Islamic Law (KHI). This agreement allows couples to avoid the automatic mixing of assets and regulate their ownership more clearly. In addition to being regulated in positive law, marriage agreements are also based on the principles of contracts in Islam, which emphasize the importance of justice and protection of the rights of couples in marriage. The principle of maqashid sharia, especially hifzh al-mal (protection of property), is the basis for recognizing this agreement as an effort to maintain the welfare and avoid disputes in the future. Constitutional Court Decision Number 69/PUU-XIII/2015 has provided flexibility for couples by allowing marriage agreements to be made not only before but also during the marriage, thus further strengthening legal protection of the rights of couples. However, the implementation of marriage agreements still faces challenges, especially in administrative aspects and the lack of public understanding of the urgency of this agreement. Therefore, wider socialization and harmonization of regulations are needed so that marriage agreements can function effectively in providing legal certainty and justice for married couples in Indonesia. Thus, marriage agreements can be a solution to prevent conflict and maintain household welfare in the future.
LEGAL REVIEW OF THE IMPLEMENTATION OF CERTIFICATION OF ENDOWMENT LAND TO AVOID DISPUTES FROM A POSITIVE LEGAL PERSPECTIVE IN INDONESIA BASED ON THE VALUE OF LEGAL CERTAINTY Herman , Herman; Henry Aspan; 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.v2i1.92

Abstract

Certification of waqf land plays an important role in ensuring legal certainty and preventing disputes that often occur due to unclear ownership status. In Indonesian positive law, waqf land is regulated in Law Number 41 of 2004 concerning Waqf and Government Regulation Number 42 of 2006, which requires every waqf land to be registered and certified by the National Land Agency (BPN). However, in practice, many waqf lands have not been certified due to lack of public awareness, administrative limitations, and bureaucratic obstacles. As a result, waqf land often becomes the object of dispute, especially when the heirs of the waqif try to reclaim the assets that have been donated. This study analyzes the implementation of waqf land certification to avoid disputes in a positive legal perspective based on legal certainty. Using the normative juridical method, this study examines the laws and regulations and obstacles in the implementation of waqf land certification in Indonesia. The results of the study indicate that waqf land certification can provide legal protection for waqf assets and ensure that the land continues to be utilized in accordance with the established social and religious objectives. Therefore, it is necessary to increase the effectiveness of certification through digitalization of land services, simplification of administrative procedures, and increasing the role of Nadzir in managing waqf land. With a better certification system, legal certainty for waqf land can be guaranteed, thereby avoiding potential disputes and strengthening the role of waqf in the social and economic development of the community.
LEGAL REVIEW OF MARRIAGE LEGALIZATION (ISTBAT NIKAH) BASED ON INTEGRATED HEARING IN RELIGIOUS COURTS ACCORDING TO STUDY AT PANDAN RELIGIOUS COURT Rivi Hamdani Lubis; Mhd. 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.v2i1.93

Abstract

Marriage validation or itsbat nikah through an integrated trial at the Pandan Religious Court is a legal step that aims to provide legal certainty for couples whose marriages are not registered at the Office of Religious Affairs (KUA). Based on Law Number 1 of 1974 concerning Marriage, every marriage must be registered to obtain legal recognition. However, there are still many people who carry out underhand marriages (siri) without official registration, which causes various administrative problems, such as difficulties in processing children's birth certificates, family cards, and inheritance rights. This study aims to analyze the implementation of marriage confirmation through an integrated trial at the Pandan Religious Court and its compliance with applicable laws and regulations. The method used is a normative legal approach with an analysis of related legal regulations and court decisions in marriage confirmation cases. The results of the study indicate that integrated trials provide convenience for couples who do not yet have a marriage certificate, especially for the underprivileged. However, there are challenges in its implementation, such as limited resources and low public understanding of the importance of marriage registration. With an integrated trial, marriage confirmation can accelerate the process of marriage validation and provide legal protection for couples and their children. Therefore, efforts are needed to socialize and improve regulations so that marriage confirmation can be more effective in guaranteeing the legal rights of married couples and increasing legal certainty in marriage.
IMPLEMENTATION OF MARRIAGE ITSBAT ON UNRECORDED MARRIAGES STUDY OF DETERMINATION OF LUBUK PAKAM RELIGIOUS COURT (Number 17/Pdt.P/2024/PA.Lpk) Padma Putra Solihandhana; 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.v2i1.94

Abstract

Confirmation of marriageis a legal mechanism used to validate a marriage that has taken place but is not officially registered with an authorized marriage registration institution. In the Indonesian legal system, marriage registration plays an important role in providing legal protection for the rights of husbands, wives, and children. However, in practice, there are still many people who marry without official registration due to various factors, such as economic limitations, lack of legal understanding, and administrative constraints. This study aims to analyze the implementation of marriage validation at the Lubuk Pakam Religious Court by reviewing the decision of case Number 17/Pdt.P/2024/PA.Lpk. This study uses normative and empirical legal methods, with a positive legal approach and interviews with judges as the main data sources. The results of the study show that judges consider various aspects in deciding marriage validation cases, such as the validity of marriage according to Islamic law, the legal interests of the applicant, and compliance with applicable laws and regulations. The granting of a marriage confirmation request has significant legal implications, such as providing legal certainty regarding marital status, protecting the rights of spouses and children, and facilitating the administration of population administration. Therefore, efforts are needed to increase public awareness of the importance of marriage registration in order to avoid legal problems in the future. In addition, simplifying the administrative procedures for marriage confirmation for underprivileged communities is also an important recommendation in this study.
LEGAL REVIEW OF CONTRACTOR'S BREACH OF PERFORMANCE IN COOPERATION RELATIONSHIP WITH SUB CONTRACTORS IN THE WORK ON THE BELAWAN TYPE C HOSPITAL PROJECT Syawallisa , Syawallisa; Tamaulina Br. Sembring; Dahlan, Dahlan
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.v2i1.95

Abstract

In the context of increasingly complex and dynamic infrastructure development, government construction projects have a very important role in driving economic growth and social development in Indonesia. These projects often involve many parties, including main contractors and subcontractors, who collaborate to complete the work according to the specifications and standards set. The cooperative relationship between contractors and subcontractors is very important to ensure the smooth running and success of the project, and to ensure that all parties fulfill their obligations stipulated in the contract. However, in its implementation, problems often occur that can disrupt this relationship, one of which is default. This study aims to determine the legal regulations governing the cooperative relationship between contractors and subcontractors in the implementation of government construction projects, and to determine how legal protection is provided to subcontractors in the event of default by the contractor. The research method used in this study is the normative legal research method, by observing, studying, and understanding legal material, based on the study of positive law. From this study, it can be concluded that the legal rules governing the working relationship between contractors and subcontractors in carrying out government construction projects are regulated in Article 1320 of the Civil Code concerning the requirements for the validity of an agreement and Article 1234 of the Civil Code concerning the elements of default. Article 52 of Law Number 2 of 2017 concerning Construction Services states that service providers and subservice providers in the implementation of construction must operate in accordance with the agreement stipulated in the contract. Article 53 paragraph (3) states that if the service provider transfers part of the work to a subcontractor, the payment request must be accompanied by proof of payment to the subcontractor. The legal protection provided to subcontractors in the event of default by the main contractor includes several aspects, such as the existence of clear contract provisions, which explain the rights and obligations of the parties. Subcontractors have the right to claim compensation through a lawsuit in court as stated in the Medan District Court Decision No. 29/Pdt.G/2022/PN Mdn which resolved the dispute between the plaintiff, Bayu Afandi Nasution, ST, as a subcontractor, with the main defendant, PT Gunakarya Nusantara, who was suspected of default. The decision gave the plaintiff the right to seize collateral against the defendant's account and restore the subcontractor's financial rights as an effort to legally protect the subcontractor's rights.
LEGAL PROTECTION FOR CREDITORS IN BANKRUPTCY PROCESSES REVIEWED FROM BANKRUPTCY LAW NO. 37 OF 2004 Ihsan Hamdi Armaoyuda Siregar; Bambang Fitrianto
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.v2i1.98

Abstract

Law No. 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK-PKPU) is a legal framework that regulates bankruptcy procedures in Indonesia, aimed at protecting creditors' rights in cases of debtor failure to fulfill their obligations. However, the existing protection is often inadequate, especially for concurrent creditors who do not have collateral for assets. The focus of this study is to evaluate the effectiveness of UUK-PKPU in protecting creditors, especially in conditions where the debtor's assets are insufficient. The methodology used is a normative legal approach with analysis of related documents and literature. The results of the study indicate that, although bankruptcy is regulated in detail, its implementation has not been effective in providing protection to concurrent creditors. Separatist creditors are given priority through execution rights, while concurrent creditors often lose the opportunity for debt recovery due to limited assets. The actions of debtors who hide assets have also not been dealt with firmly. The research recommendations include changes to the Criminal Code to increase sanctions for criminal acts of bankruptcy, development of credit insurance products, and strengthening the role of curators in auditing shareholders, which aim to create a fairer and more effective bankruptcy system.
LEGAL ANALYSIS OF THE EVIDENCE ASPECTS IN DEFAMATION CASES Diki Jan Ramadana Tarigan; 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

Abstract

This study aims to determine the efforts of the Prosecutor's Office in proving criminal charges of defamation based on Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE), from the perspective of the Prosecutor's Office. Perspective of the Criminal Procedure Code (KUHAP). This research is a normative legal research that is prescriptive and applied, and in terms of its objectives it is included in normative or doctrinal legal research. The types of data used include primary data and secondary data. The data collection technique used is library research in the form of books, legal regulations, documents, and others. Data analysis uses a syllogistic method through deductive thinking. Based on the results of the research and discussion, it is concluded that the prosecutor's office in its statement uses evidence in accordance with the provisions of Article 184 of the Criminal Procedure Code concerning valuable evidence in the form of witness statements, expert opinions, letters, instructions, statements from the defendant but does not provide electronic evidence as referred to in Article 5 paragraph (1) and paragraph (2) and Article 44 of the ITE Law concerning electronic evidence. In this case, the prosecution presented evidence, but not proof, in the form of a screenshot of the Facebook page used as the site for the electronic defamation. However, because Indonesia adheres to the Wettelijk negative evidence system, the judge considered the testimony of witnesses, experts, and the defendant sufficient to make a decision.

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