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The Digest: Journal of Jurisprudence and legisprudence
Published by Universitas Negeri Semarang
ISSN : -     EISSN : 27460371     DOI : https://doi.org/10.15294/digest
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The Journal is published in Bahasa and English, both print and online versions. The Digest is also intended to be an Indonesian and International forum for discussion and analysis of court decisions. Each issue of The Digest: Journal of Jurisprudence and Legisprudence includes insightful analysis and discussion on court decisions.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 24 Documents
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Ideal Judicial Pardon Decision Format in The Indonesia Criminal Justice System Based on Comparative Law Cornelius Samuel Sipahutar; Cahya Wulandari
The Digest: Journal of Jurisprudence and Legisprudence Vol. 7 No. 1 (2026): The Digest, June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v7i1.44869

Abstract

The recognition of judicial pardon in the 2023 Criminal Code reflects a shift in Indonesia’s sentencing paradigm from retribution toward substantive justice grounded in proportionality and humanity; however, this provision has not been accompanied by a clear formulation of decision formats in criminal procedural law, resulting in a normative gap that may generate disparity and legal uncertainty. This research examines how judicial pardon is implemented in the Dutch criminal justice system and how an ideal decision format may be constructed for adoption in Indonesia. Employing a normative juridical method with statutory, conceptual, and comparative approaches, the analysis shows that under Article 9a of the Wetboek van Strafrecht, Dutch judges affirm the fulfillment of the elements of the offense and criminal responsibility while waiving punishment through explicit reasoning on proportionality, the social insignificance of the act, and the objectives of sentencing, demonstrating that judicial pardon does not eliminate guilt but serves as a rational limitation on penal power. Therefore, an ideal judicial pardon decision in Indonesia should retain the evidentiary structure of ordinary sentencing decisions, supplemented by specific considerations that systematically assess the necessity of punishment under Article 54 of the 2023 Criminal Code, and this study recommends that the Supreme Court formulate technical guidelines to ensure consistency, accountability, and harmonization between legal certainty and substantive justice in national criminal justice practice.
Legality of Land Ownership by Non-native Indonesian Citizens in Yogyakarta Through Nominee Agreement (Case of Decision Number 443 PK/PDT/2023) Prasida Alya Putri
The Digest: Journal of Jurisprudence and Legisprudence Vol. 7 No. 1 (2026): The Digest, June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v7i1.45736

Abstract

Special Region of Yogyakarta is one of the regions in Indonesia that possesses special authority in administering its local governance, including matters related to land regulation. Based on the Instruction of the Deputy Governor No. K.898/I/A/1975 concerning the Provision of Handling Rights of Land and Buildings, Indonesian citizens who are not categorized as natives of the region are prohibited from holding land under ownership rights. In practice, this regulation has created opportunities for the use of nominee agreements between Non-native Indonesian citizens and native citizens to circumvent restrictions on land ownership. Therefore, this research aims to examine the legality of land ownership through nominee agreement used by Non-native Indonesian citizens based on Supreme Court Decision Number: 443 PK/Pdt/2023 and to analyze the legal implications arising from the application of such agreements in acquiring ownership rights over land. This research employs a normative juridical method with both case and statute approaches. The data used consist of secondary sources, including primary legal materials such as court decisions and legislation, as well as secondary legal materials in the form of books, journals, and legal articles. The results indicate that the use of nominee agreements by Non-native Indonesian citizens to obtain ownership rights over land in the region lacks a valid legal basis within the Indonesian land law system and is regarded as a form of legal circumvention that is juridically invalid.
Comparison of Judge's Determinations Regarding Marriage Dispensation (Study of Determination Number 73/Pdt.P/2020/PA.Sak and 201/Pdt.P/2023/PA.Sj) Faiq Fatih Alwan
The Digest: Journal of Jurisprudence and Legisprudence Vol. 7 No. 1 (2026): The Digest, June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v7i1.48520

Abstract

The amendment to the Marriage Law through Law Number 16 of 2019 aims to suppress the high rate of child marriage by raising the minimum age to 19 years. However, the absence of restrictive limits on the phrase "urgent reasons" in Article 7 paragraph (2) creates a legal loophole triggering a disparity in judges' decisions at the Religious Courts. This study aims to analyze the inconsistency of judges' legal reasoning regarding marriage dispensation applications, specifically in cases with a premarital history without pregnancy. This normative legal research utilizes a statute approach and a comparative case approach. The results reveal a sharp disparity in applying the legal discovery method (Rechtsvinding). The judge in Determination Number 73/Pdt.P/2020/PA.Sak applied a socio-religious interpretation, prioritizing the Sadd ad-dzari’ah principle to prevent adultery, thus granting the application. Conversely, the judge in Determination Number 201/Pdt.P/2023/PA.SJ progressively rejected the application, emphasizing that psychological unpreparedness, structural poverty potential, and divorce risks constitute far greater harm. This interpretative disparity directly violates the legal certainty principle (Rechtssicherheit), triggers forum shopping practices, and proves that permissive decisions contradict the Best Interest of the Child principle mandated in PERMA Number 5 of 2019. Therefore, the Supreme Court is recommended to promptly issue a derivative regulation (SEMA) providing an authentic interpretation of urgent reasons. Judges are also required to position the child's educational rights and future welfare as absolute parameters, overriding mere subjective parental moral concerns.
Supreme Court Decision Number 34P/HUM/2022 and Efforts to Strengthen the Prevention and Handling of Sexual Violence in Higher Education Institutions Susi Dian Rahayu; Arifudin; Winarsih
The Digest: Journal of Jurisprudence and Legisprudence Vol. 7 No. 1 (2026): The Digest, June 2026
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v7i1.49535

Abstract

In response to the increasing prevalence of sexual violence cases in higher education institutions, the Ministry of Education, Culture, Research, and Higher Education issued Ministerial Regulation No. 30 of 2021 on the Prevention and Handling of Sexual Violence in Higher Education Institutions. However, the regulation has sparked debate among the public, particularly regarding Article 5 (paragraph 2), which contains the phrase “without consent” a phrase deemed open to multiple interpretations, legalizing adultery, and contradicting societal norms and religious values. This controversy subsequently became the subject of a petition for judicial review at the Supreme Court in Case No. 34 P/HUM/2022, by the Minangkabau Traditional Council (LKAAM) of West Sumatra. However, in its ruling through Supreme Court Decision No. 34 P/HUM/2022, the Supreme Court dismissed the petition. This study examines about Supreme Court Decision Number 34/P/HUM/2022 and efforts to strengthen legal protection for the prevention and handling of sexual violence in higher education institutions. The theory used in this study is the Theory of Legal Protection by Philipus Hadjon. The research findings that, in relation to the prevention and handling of sexual violence in higher education institutions, the presence of Ministry of Education, Culture, Research, and Technology Regulation Number 30 of 2021, reinforced by Supreme Court Decision Number 34 P/HUM/2022, provides both preventive and repressive legal protection.

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