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JURMA YUSTISI
Published by Universitas Ibn Khaldun Bogor
ISSN : -     EISSN : 30255309     DOI : https://doi.org/10.32832/jurmayustisi
Core Subject : Education, Social,
Education Law, Crime, Criminology & Criminal Justice
Yustisi Law Student Journal is a periodical Scientific Journal published by the Faculty of Law, Ibn Khaldun University of Bogor three times a year, namely in February, June and October. Yustisi Law Student Journal has a vision to become a leading scientific journal in disseminating and developing thoughts in the field of law. The editor of the Yustisi Law Journal, accepts Manuscripts of Research Articles, Review Articles and Book Review Articles that are in accordance with the systematic writing of the categories of each article that have been determined by the editor. The focus of this Journal is the Criminal Law Group, the Civil Law Group, and the Constitutional / State Administration Law Group.
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Articles 103 Documents
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Marriage Law with Stolen Property as Dowry: An Islamic Jurisprudence Perspective through the Lens of Maslahah Fadlan, Fadlan; Juhani, Hasan Bin; Billah, Muktashim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1905

Abstract

This study aims to examine: (1) the legal framework of mahar (dowry) in marriage according to Islamic jurisprudence, and (2) the legal implications of using stolen property as mahar, analyzed through the principle of maslahah (public interest). This research employs a library-based methodology, drawing from primary and secondary sources including classical and contemporary fiqh works, Qur’anic exegesis, and scholarly articles. Data collection follows systematic steps of editing, organizing, and concluding, followed by comparative-verificative analysis. Findings reveal that in Islamic law, ownership of wealth is divine in nature (milkiyyah ilahiyyah), carrying moral and legal obligations. Using stolen property, even without direct involvement in theft, is strictly prohibited if its unlawful origin is known. All major Islamic schools agree that stolen property remains the rightful possession of its original owner and must be returned or compensated. Regarding marriage, the majority of scholars assert that the contract remains valid if its other pillars and conditions are met, but the haram mahar is void and must be replaced with an equivalent lawful dowry (mahar al-mithl). The tarjih approach supports this position to uphold the validity of the contract, preserve public interest, and prevent greater harm (mafsadah). The study concludes that the use of haram wealth in dowry is a violation of Islamic principles with moral and social consequences, requiring repentance, restitution, and lawful substitution.
The Role of the Office of Religious Affairs in Central Mawasangka District, Central Buton Regency, in Addressing Early Marriage Usaimin, M. AL –; Miro, Abbas Baco; Billah, Muktashim
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1907

Abstract

This study explores the role of the Office of Religious Affairs (Kantor Urusan Agama/KUA) in Central Mawasangka District, Central Buton Regency, in preventing early marriage. Early marriage remains a significant social and legal issue in several regions of Indonesia, including Southeast Sulawesi, due to factors such as cultural traditions, economic hardship, and limited access to education. The research applies a qualitative descriptive method, using interviews, documentation, and library research to analyze the preventive strategies implemented by KUA officials. Findings indicate that the KUA plays a strategic role not only in administering marriage registration but also in providing premarital counseling, community education, and coordination with local government agencies. The study also reveals several obstacles, including deeply rooted cultural norms, lack of awareness among parents, and limited resources for outreach programs. Nevertheless, the proactive engagement of KUA in socialization campaigns, religious lectures, and policy advocacy has contributed to a gradual reduction in early marriage cases. This study concludes that strengthening institutional capacity, enhancing inter-agency collaboration, and increasing public awareness are essential to achieving sustainable prevention.
The Mapparola Tradition in Marriage Practices of the Belawa District Community, Wajo Regency Rudin, Syafaat; Ashar, Ashar
JURNAL MAHASISWA YUSTISI Vol. 3 No. 2 (2025)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v3i2.1944

Abstract

This thesis discusses Mapparola in the marriage customs of the Bugis Wajo community. The main issue is the implementation of the Mapparola tradition in marriages for the community in Belawa Siattinge District, Wajo Regency, and its perspective according to Islamic law. This research is a field study using qualitative methods and employs two approaches: sociological and empirical. The data in this study were obtained from interviews with cultural leaders, religious leaders, and individuals considered knowledgeable in Islamic law, including the Head of the Religious Affairs Office (KUA) of Belawa District, Islamic Religious Counselors, and cultural leaders who understand the culture in Wajo Regency. The aim of this research is to understand the process of implementing the Mapparola tradition in marriage and to comprehend the views of the Belawa community, Wajo Regency, regarding this tradition in the context of marriage. The Mapparola tradition is one of the local cultural heritages that is still preserved by the community as part of the marriage customs. The method used in this research is qualitative with a descriptive approach. Data were collected through observation, in-depth interviews, and documentation involving cultural leaders, newlywed couples, and local communities. The results of the study indicate that the Mapparola tradition has specific stages that are rich in symbolic and cultural values, such as respect for the families of the bride and groom, mutual cooperation, and values of politeness. The Belawa community views this tradition as an important part of maintaining cultural identity and strengthening social ties between families. Although it has undergone some adjustments in its implementation, the Mapparola tradition remains a respected element in the traditional marriage process in the region.
Reconstruction of Islamic Family Law Based on Qawāʿid Maqāṣidiyyah: Strengthening Gender Justice and Child Protection in the Modern Legal System Arif, Nurhilal Nazri; Alwi, Rahman
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2507

Abstract

The reform of Islamic family law faces significant challenges in achieving gender justice and child protection, particularly in issues of divorce, child custody (ḥaḍānah), and wives’ rights. The predominance of normative fiqh approaches often fails to adequately respond to contemporary social dynamics and the demand for substantive justice within modern legal systems. This article aims to reconstruct Islamic family law by positioning qawāʿid maqāṣidiyyah as a methodological framework for legal reform. This study employs normative legal research with conceptual and philosophical approaches, examining the principles of maqāṣid al-sharī‘ah, especially justice (al-‘adl) and public interest (maṣlaḥah), and their relevance to gender justice and child protection. The findings indicate that the application of qawāʿid maqāṣidiyyah such as al-ḍarar yuzāl, ḥifẓ al-nasl, and taṣarruf al-imām manūṭun bi al-maṣlaḥah provides a robust foundation for reconstructing Islamic family law in a more responsive, contextual, and child-centered manner. This article argues that the reform of Islamic family law should move beyond purely normative reinterpretation toward a systematic maqāṣid-based approach to ensure the protection of women’s and children’s rights within modern family law systems.
Towards A Progressive Health Law Paradigm: A Philosophical And Juridical Reconstruction Of The Informed Consent Concept In Indonesia Hertanto, Yudhi; Purwoto, Ady
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2508

Abstract

The implementation of the informed consent doctrine in Indonesia is frequently trapped in rigid administrative texts and juridical formalism, which consequently overlooks the essence of patient autonomy. The enactment of Law Number 17 of 2023 concerning Health necessitates a conceptual repositioning of medical treatment consent. This study aims to reconstruct the concept of informed consent through the lens of Progressive Law and Bioethics to establish a balance between patient autonomy and legal certainty for medical practitioners. Utilizing a normative juridical research method with statute and conceptual approaches, this study examines the shift from a paternalistic paradigm to an educational-contractual relationship. The findings indicate that legal reconstruction must position informed consent as a continuous ethical communication process rather than a mere signing of a form. While Law No. 17 of 2023 strengthens transparency, it requires the integration of humanitarian values to minimize medical disputes and malpractice cases, which have increasingly appeared in mass media.
Assessing The Legal And Human Rights Validity Of Applying The Death Penalty For Serious Child Sex Offenders Daming, Saharuddin; Husna, Mufidatul; Fadilah, Chika
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2520

Abstract

The increase in the cases and severity of child molestation by predators has attracted public concern. Public to promote law enforcers to apply the death penalty for perpetrators of serious sexual crimes against children to create a deterrent effect. Unfortunately, this public aspiration was rejected by the Indonesian National Human Rights Commission and the Bandung district court on the grounds that the death penalty is contrary to human rights and violates the 1945 Constitution. This research uses an interdisciplinary legal method, combining doctrinal and sociolegal research. This study aims to examine the validity of the law as well as human rights principles and norms against the rejection and acceptance of the death penalty in Indonesia. The results showed that law enforcement and human rights instituted by the special courts for perpetrators of serious sexual crimes against children are not in line with the elements of legal validity and human rights.
Legitimacy Of Presidential Election Results Due To Court Decision Conflict Daming, Saharuddin; Husna, Mufidatul; Ibrani, Safira Adhwa
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.2521

Abstract

This research aims to determine the legitimacy of the 2019 Presidential Election results in Indonesia in accordance with the Supreme Court’s decision Number 44 P/PHUM/2019 dated October 28, 2019, which annulled Article 3 Paragraph (7) of the General Elections Commission Regulation Number 5 of 2019 regarding the requirements for presidential and vice president candidacies. The Supreme Court's decision material contradicts law No.50/PUU-XII/2014 of the Constitutional Court, which is the basis for the publication of the General Elections Commission Regulation No. 5 of 2019. This contradicting law by the Constitutional and Supreme Courts is a challenge for Indonesia as a state because both have an equal footing to enforce justice due to conflicts associated with general elections. Unfortunately, the decisions of the two courts sometimes overlap in exercising their authority for Judicial Review. One of the problems that arise is whether the conflicting decisions of the Constitutional and Supreme Courts imply the legitimacy of the presidential election results. Another is determining the form of position and legal force in the interpretation of the Constitutional Court as the basis for the legitimacy of the Presidential Election results. However, the political reality and wisdom of Indonesian democratic constitutionalism show that the conflicting decisions of the Constitutional and Supreme Courts do not imply the legitimacy of these results. This is because the 1945 Constitution gives legal force to the Constitutional Court as an interpreter of the Erga Omnes principle. Therefore, to prevent similar conflicts in the future, the decisions of the two courts need to be synchronized to avoid legal dualism and uncertainty. In addition, the constitution and the election law need to be revised.
The Protection of Consumer Rights of BPJS Health Patients in the Perspective of Civil Law Pawening, Triani Indah; Purwoto, Ady; Mustika, Desty Anggie
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1534

Abstract

The National Health Insurance Program (JKN), administered by BPJS Health, aims to provide equitable access to healthcare services. However, in practice, various issues still arise, such as service refusal, delays in medical treatment, and discrimination against participants. This study aims to analyze the application of civil liability principles in the legal relationship between patients and healthcare providers, as well as to identify the forms of breach of contract (wanprestasi) that occur. The research method used is normative juridical with a literature study approach, including analysis of laws and regulations, legal doctrines, and case studies. The results show that although regulations exist to protect the rights of BPJS patients as consumers, the implementation remains weak, often resulting in rights violations that may lead to civil liability. This study concludes that strengthening legal protection through regulatory enforcement, enhanced supervision, and education for BPJS participants is urgently needed to ensure fair and accountable healthcare services.
Socio Juridical Review Of Effectiveness Fulfillment Of Passengers Security And Safety Rights In Feeder Bus Services (Study At The Pakuan Regional Public Transportation Company, Bogor City) Cahya, Garnes Revina; Daming, Saharuddin; Afghani, M. Mova Al
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1817

Abstract

The issue of passengers' security and safety rights when using public transportation has recently become an important matter to study considering the many cases of disturbances to passenger security and safety ranging from harassment, theft to accidents involving public transportation. Safety and security are rights that must be given to passengers, as well as the responsibility of transport companies as mandated in the provisions of article 141 paragraph (1) of the Road Transport Traffic Law. The aim of this research is to determine the effectiveness of fulfilling security and safety rights carried out by the Pakuan Regional Public Transportation Company, especially in the Feeder Bus Service and to analyze things that are supporting and inhibiting factors in fulfilling passengers' security and safety rights. This research uses qualitative methods with empirical juridical research and a socio-legal approach. The results of the research show that the Pakuan Regional Public Transportation Company has fulfilled its obligations to protect the security and safety rights of passengers. Apart from that, based on the survey results it can be seen that the fulfillment of passengers' security and safety rights is running effectively. However, supervision and evaluation are still needed to improve the services provided.
Effectiveness Of The Application Of Advocates' Immunity Rights Against The Crime Of Obstaclementation Of Investigations In Cases Of Corruption Criminal Acts Analysis of Constitutional Court Decision No. 26/PUU-XI/2013 Mulyana, Endang; Hartini, Sri; Fajri, Ibrahim
JURNAL MAHASISWA YUSTISI Vol. 4 No. 1 (2026)
Publisher : Universitas Ibn Khaldun Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32832/jurmayustisi.v4i1.1823

Abstract

Being an advocate is a noble profession (officium nobile), which not only has a role and function as part of law enforcement in the criminal justice system, but also dedicates its duties and responsibilities to the public interest, for the sake of upholding justice and truth, not merely for personal gain. Therefore, the Advocacy Profession must be carried out based on professionalism and in good faith, meaning carried out by prioritizing the realization of truth and justice. Although Advocates are protected by the right of immunity under Article 16 of Law No. 18 of 2003 concerning Advocates, which was later expanded by Constitutional Court Decision No. 26/PUU-XI/2013, where the right of immunity for Advocates applies in court and out of court, if an Advocate commits a violation of the law and/or commits an unethical act, neither the right of immunity nor the expanded meaning will be able to protect Advocates from legal entanglements, meaning Advocates do not have legal immunity. This research was conducted using a library research method with a normative juridical analysis approach to relevant laws and regulations with the focus of the analysis on the Constitutional Court Decision No. 26 / PUU-XI / 2013

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