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INDONESIA
Policy and Law Journal
Published by Laskar Karya
ISSN : -     EISSN : 30639034     DOI : -
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Policy and Law Journal is a scientific journal that focuses its studies on various fields of law, including civil law, criminal law, constitutional law, international law, Islamic law, procedural law, and customary law. This journal is committed to making a significant contribution to the development of legal studies both at the national and international levels through the publication of quality research articles. This journal serves as an academic forum for academics, researchers, legal practitioners, and students to discuss and develop ideas and innovations in the field of law. Every article published in this journal has gone through a rigorous peer-review process to ensure that the quality and validity of the published research is maintained. Articles published in this journal reflect the latest thinking and solutions to various legal problems that are relevant to the times. Policy and Law Journal is published twice a year, namely every June and December, published by Laskar Karya, with the aim of providing a space for discussion and development of legal science that is continuously updated according to the needs of society and the dynamics of existing law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
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Search results for , issue "Vol 2 No 2 (2025): Desember" : 6 Documents clear
Tinjauan Normatif Terhadap Praktik Dispensasi Kawin Anak Pasca Peningkatan Angka Pengajuan di Pengadilan Agama Ubaidillah, Jefri
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

Child marriage remains a serious issue in Indonesian family law, even though the minimum age of marriage has been raised to 19 years through Law No. 16/2019. The significant increase in marriage dispensation applications in religious courts indicates the existence of legal loopholes that allow the practice to continue. This study aims to examine the provisions of marriage dispensation in the Indonesian legal system, examine the legal loopholes, and analyse the impact on the protection of children's rights. The method used is normative juridical with a literature study approach. Primary legal materials consist of laws and the Compilation of Islamic Law, while secondary materials are books, journals and scientific articles. The analysis was conducted qualitatively. The results show that the phrase ‘very urgent reasons’ in Article 7 paragraph (2) has not been clearly formulated, leaving room for wide interpretation for judges. In addition, the implementation of PERMA No. 5/2019 has not been optimal in providing child protection. The novelty of this research lies in the normative and implementative evaluation of the regulation of marriage dispensation. This research recommends improving the rules and strengthening supervision so that marriage dispensation is no longer a loophole for legalising child marriage.
Kesadaran Hukum Pelaku Usaha atas Pendaftaran Merek Dagang: Tinjauan Hukum Ekonomi Syariah Riskawati
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

This study aims to analyze the level of legal awareness among business actors in registering their trademarks in the field of intellectual property at the Regional Office of the Ministry of Law and Human Rights of Southeast Sulawesi. Legal awareness in this context includes the understanding, attitudes, and behavior of business actors toward the importance of legal protection for trademarks. The research method used is a juridical-empirical approach, with data collected through interviews, observations, and documentation involving MSME actors and officials from the Regional Office. The findings reveal that the legal awareness of business actors in Kendari City remains low, as indicated by the limited number of registered trademarks. Several inhibiting factors were identified, including lack of legal knowledge, the perception that the registration process is complex and costly, and insufficient outreach from relevant institutions. On the other hand, business actors who have registered their trademarks reported clear benefits, such as legal protection, increased competitiveness, and business legitimacy. Therefore, continuous educational and participatory approaches, along with inter-agency collaboration, are essential to enhance the legal literacy of business actors regarding trademark registration.
Kepastian Hukum E-Akta Notaris Sebagai Alat Bukti Autentik Dalam Sistem Pembuktian Perdata di Indonesia Ali Munib; Samsul Huda
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

The advancement of digital technology has driven the transformation of notarial practice toward the use of Electronic Notarial Deeds (E-Deeds) as part of the modernization of civil law in Indonesia. However, the absence of explicit legal provisions regarding their status and evidentiary power creates legal uncertainty. This study aims to analyze the formal and material validity of E-Deeds in relation to the civil evidentiary system and to formulate a normative framework ensuring their legality and authenticity. The research employs a normative juridical method with statutory and conceptual approaches, utilizing primary, secondary, and tertiary legal materials. The findings reveal that E-Deeds may be recognized as authentic evidence if they satisfy both formal and material validity requirements, are supported by certified digital security systems, and are regulated within a harmonized legal framework between the Notary Law and the Electronic Information and Transactions Law (ITE Law).
Rekognisi Hukum Pidana Adat di Era Modernisasi Hukum Nasional Badrut Tamam; Yudha Bagus Tunggala Putra
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

This study aims to analyze the integration of customary criminal law into the national legal system based on the principles of justice and the values of Pancasila. The research adopts a normative legal method by analyzing statutory regulations, legal concepts, and relevant cases. It also explores the philosophical foundations and the ratio legis of recognizing customary criminal law within the context of legal modernization, as reflected in the new Criminal Code under Law Number 1 of 2023. The findings indicate that customary criminal law holds a significant position as a reflection of social justice in local communities. However, its integration into the national legal system faces challenges, particularly in harmonizing customary law principles with modern legal norms. This study concludes that the principles of justice enshrined in Pancasila can serve as an ethical framework to align customary criminal law with national law, fostering an inclusive and culturally responsive legal system in Indonesia.
Status Nasab dan Hak Waris Anak Sumbang dalam Perspektif Hukum Perdata dan Hukum Islam Meidezella; Dwi Wahyuni; Ali Munib
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

A child born out of wedlock refers to a child conceived from a relationship prohibited by law due to close blood relations between a man and a woman. The existence of such a child raises complex legal issues, particularly concerning lineage (nasab) and inheritance rights, both under civil law and Islamic law. This study aims to analyze and compare the lineage status and inheritance rights of children born out of wedlock under Indonesian civil law and Islamic law. The research method employed is normative legal research with a comparative approach, involving the review of legislation, legal doctrines, and relevant literature. The findings indicate that both legal systems share the principle that the biological father-child relationship is not legally recognized. Under civil law, a child born out of wedlock has no inheritance rights, and recognition is limited to the provision of necessary maintenance. Meanwhile, in Islamic law, a child born out of wedlock is treated like a child of zina (illicit sexual relationship), having lineage and inheritance rights only with the mother and her family. Thus, it can be concluded that both legal systems restrict the inheritance rights of children born out of wedlock, while still emphasizing the moral and humanitarian obligations of parents to fulfill the basic rights of the child.
Pedofilia dalam Perspektif Hukum Perlindungan Anak di Indonesia Samsul Huda; Santoso, Yudi
Policy and Law Journal Vol 2 No 2 (2025): Desember
Publisher : Laskar Karya

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Abstract

Pedophilia is a form of sexual violence against children that causes serious impacts on children’s physical, psychological, and social development. This phenomenon demands a legal response that is not only repressive in nature but also oriented toward protection and victim recovery. This study aims to analyze pedophilia from the perspective of child protection law in Indonesia, including normative regulation, forms of legal protection for victims, and problems in law enforcement. The research method used is normative legal research with statutory and conceptual approaches. The results show that Indonesian positive law has substantively qualified pedophilia as a form of sexual violence against children through various laws and regulations, although it has not been explicitly and integratively formulated. Legal protection for child victims of pedophilia has been regulated in preventive, repressive, and rehabilitative forms; however, its implementation still faces structural and cultural obstacles. Law enforcement that has not fully oriented toward the best interests of the child causes the protection provided to be not yet optimal. Therefore, comprehensive and sustainable strengthening of legal protection is required to ensure the rights and recovery of child victims of pedophilia.

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