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Deposisi: Jurnal Publikasi Ilmu Hukum
Published by International Forum of Researchers and Lecturers
ISSN : 29875188     EISSN : 29874211     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Deposisi: Jurnal Publikasi Ilmu Hukum dengan e-ISSN : 2987-4211 p-ISSN : 2987-5188 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini diterbitkan 4 kali setahun (Maret, Juni, September dan Desember).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 258 Documents
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Studi Kritis Tentang Nikah Sirri Antara Hukum Islam dan Perlindungan Hukum Negara
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 4 (2023): Desember : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i4.5373

Abstract

Unregistered marriage (nikah sirri) is a phenomenon that has attracted the attention of many, both from the perspective of Islamic law and positive law in Indonesia. This study aims to critically examine nikah sirri, including its definition, legal basis, and the social impacts it causes. Using a qualitative approach, this research collects data from various sources, including legal literature, interviews, and case studies. The results show that although nikah sirri is recognized under Islamic law, its practice often conflicts with the state's legal protection and can have negative consequences, especially for women and children. The issue of nikah sirri is complex as it involves two different legal domains—religious law and state law. On the one hand, nikah sirri may be considered valid according to Islamic principles if it fulfills the requirements and pillars of marriage. On the other hand, since it is not recorded in the state’s administrative system, it raises several legal and social issues, particularly regarding the protection of women's and children's rights. Therefore, a well-structured problem formulation is needed to thoroughly explore the conflicts and gaps between Islamic law and positive law in addressing the practice of nikah sirri.
Relevansi Penguasaan Bahasa Arab dalam Penafsiran Nushush Fiqh Munakahat Studi Hukum Keluarga Islam Kontemporer
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 3 (2023): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i3.5374

Abstract

Mastery of the Arabic language plays a crucial role in understanding and interpreting the nushush of fiqh munakahat, which is an integral part of Islamic family law. In the context of contemporary Islamic family law, a deep understanding of the Arabic language can affect the accuracy of interpretation and application of the law as a whole. Nushush fiqh munakahat often contain technical terms, complex grammatical structures and contextual meanings that can only be properly understood through a good command of Arabic. This study aims to explore the relevance of mastering Arabic in the interpretation of the nushush of fiqh munakahat by examining the various challenges, interpretative errors, and legal implications that can arise from weak linguistic skills. This study is conducted through a qualitative approach with a literature study of primary and secondary sources in fiqh munakahat. The results of this study are expected to contribute to strengthening the method of interpretation of Islamic law, especially in the field of munakahat, as well as encouraging the improvement of Arabic language competence for practitioners and academics of Islamic law.
Relevansi Ta’aruf sebagai Alternatif Menghindari Pacaran dalam Islam
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 3 (2023): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i3.5383

Abstract

Ta’aruf is a process of introduction between two individuals aimed at building a more serious relationship within the context of marriage. In modern society, dating is often considered a preliminary step toward marriage; however, from an Islamic perspective, dating can lead to various moral and social problems. This journal aims to explore the relevance of ta’aruf as a more appropriate alternative aligned with Islamic values in avoiding dating. Through theoretical reviews, research methodology, and data analysis, this study seeks to provide effective solutions to the challenges of relationships among Muslim youth. The findings indicate that ta’aruf has a strong foundation in Islamic teachings and offers a safe space for individuals to get to know each other in a shar’i (lawful) manner without violating religious boundaries. This process not only minimizes the potential for moral pitfalls but also fosters a healthier and more purposeful foundation of communication toward a harmonious marriage (sakinah). With the right approach, ta’aruf can serve as a relevant, adaptive model of pre-marital relationships that educates young Muslims to build families based on Islamic values.
Problematika Pernikahan Beda Agama dalam Pandangan Fiqh dan UU Perkawinan di Indonesia
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 1 No. 2 (2023): Juni : Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v1i2.5397

Abstract

Interfaith marriage is a complex issue and often becomes a subject of debate in Indonesian society. In both legal and religious contexts, this type of marriage faces various challenges, particularly from the perspective of Islamic jurisprudence (fiqh) and the Indonesian Marriage Law. This journal aims to analyze the problems surrounding interfaith marriage in Indonesia by examining Islamic legal views, regulatory frameworks, and the resulting social implications. From the fiqh perspective, the majority of scholars agree that a Muslim woman is not permitted to marry a non-Muslim man, whereas the marriage of a Muslim man to a woman from the People of the Book (Ahl al-Kitab) remains a topic of debate, depending on social context and public interest (maslahah). This reflects how Islamic law prioritizes the stability of faith (aqidah), household leadership, and the continuation of religious values in the upbringing of children. From the standpoint of national law, Indonesia’s Marriage Law No. 1 of 1974 places the validity of a marriage under the religious laws of the respective parties, making it difficult for interfaith marriages to be officially registered. As a result, such couples often face administrative barriers, issues in inheritance law, child custody rights, and social discrimination. This study concludes that a fair and constructive approach is necessary in addressing this issue, while preserving religious principles and maintaining social harmony in Indonesian society.
Implementasi Keterlibatan Masyarakat dalam Proses Pembuatan AMDAL Kegiatan Pertambangan di Sulawesi Tenggara
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 3 (2025): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i3.5424

Abstract

This research examines the legal issues surrounding the Environmental Impact Assessment (Analisis Mengenai Dampak Lingkungan—AMDAL) as a prerequisite for obtaining business or activity permits in Indonesia. The study adopts a normative juridical approach, analyzing legal theories, concepts, and principles relevant to environmental law. The enactment of Law Number 11 of 2020 on Job Creation introduced significant amendments, deletions, and new provisions to Law Number 32 of 2009 concerning Environmental Protection and Management (PPLH Law). One of the most substantial changes is the removal of the explicit obligation to obtain an environmental permit, replacing it with a requirement for environmental approval issued by the central government. This environmental approval consists of the Statement of Environmental Management Capability (Pernyataan Kesanggupan Pengelolaan Lingkungan Hidup—PKLHP) and the Environmental Feasibility Decision (Keputusan Kelayakan Lingkungan Hidup—KKLH), both intended to ensure that businesses and activities comply with environmental standards before commencing operations. However, the revision also affects public participation in the AMDAL process. Under the Job Creation Law, opportunities for environmental organizations and local communities to be involved in the preparation, review, and decision-making stages of AMDAL have been significantly reduced. This shift raises concerns about transparency, accountability, and the integration of environmental, social, and economic considerations in decision-making. In the context of sustainable development, environmental permits or approvals should not only serve as administrative formalities but also as instruments to safeguard environmental quality and uphold public interest. Public participation plays a critical role in ensuring that AMDAL processes reflect diverse perspectives, promote environmental justice, and support the long-term goals of environmental protection. The study concludes that while the Job Creation Law aims to streamline licensing and promote investment, its impact on public involvement in environmental governance poses risks to the integrity of environmental protection frameworks in Indonesia.
The Urgency of Establishing a National Digital Commission to Ensure Responsive and Sustainable Cyber Governance in Indonesia
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 3 (2025): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i3.5441

Abstract

The rapid development of information and communication technology has brought significant changes to social, economic, and political life in Indonesia. However, the complex and rapidly changing dynamics of cyberspace present major challenges in statute, personal data protection, disinformation, and cybersecurity. Unfortunately, the existing regulatory framework is still sectoral and has not yet responded holistically to the various digital issues that arise. This fragmented approach often leads to overlapping authorities, inconsistent enforcement, and gaps in addressing emerging cyber threats. Therefore, the establishment of the National Digital Commission is urgently needed as an independent institution tasked with coordinating, formulating, and overseeing digital policies in an integrated and systematic manner. This commission should consist of multidisciplinary experts in law, technology, and public policy, ensuring balanced perspectives in policy formulation. In addition, it should serve as a bridge between the government, the private sector, and civil society to facilitate inclusive and transparent digital governance. The National Digital Commission is expected to ensure cyberspace governance that is responsive to technological developments while maintaining digital resilience. It must also actively promote digital literacy, ethical online behavior, and responsible use of social media platforms to combat hoaxes and hate speech. Furthermore, the commission must strengthen Indonesia’s cybersecurity infrastructure to protect national interests and uphold the rights of its citizens in the digital space. By creating a unified regulatory framework and robust oversight mechanism, Indonesia can build a safer and more democratic digital ecosystem. This effort is essential in reinforcing accountability, defending cybersecurity, advancing democracy, ensuring governance, and safeguarding innovation in the face of rapid digital transformation.
Implications of Unclear Authority in Corporate Assets Forfeiture on the Effectiveness of Eradicating Money Laundering Crimes in Indonesia
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 3 (2025): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i3.5442

Abstract

In order to determine who has the right to take business assets implicated in money laundering offenses, this paper examines the legal loophole in Law Number 8 of 2010 about the Prevention and Eradication of Money Laundering offenses (UU TPPU). The efficacy of law enforcement may be weakened and the process of recovering assets from crimes may be hampered by the ambiguous authority and lack of regulatory synchronization. Combining a statutory and conceptual approach with a normative legal technique, this study examines the implications of legal uncertainty on the mechanism of asset confiscation in eradicating TPPU. This research result indicates that the lack of authority in implementing asset forfeiture consequences results in inconsistent legal procedures, overlapping institutional roles, and slows down the recovery of state assets. Therefore, legal reform is needed through amendments to Article 9 of the TPPU Law and alignment with the Criminal Code (KUHP) and other related regulations so that the mechanism of asset confiscation is more precise, more effective, and coordinated. In addition, synergy between investigators, prosecutors, The Corruption Eradication Commission (KPK), and the Financial Transaction Reports and Analysis Center (PPATK) are essential for improving the efficiency of state asset recovery. Regulations and an integrated system make it possible to swiftly and publicly seize assets resulting from criminal activity, which deters criminals, enhances public trust in law enforcement, and ensures that assets obtained illegally can be returned for the benefit of the state and society, while reinforcing the integrity of the justice system.
Peran Pemerintah dalam Melakukan Pengawasan di Sektor Perikanan Indonesia
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 3 (2025): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i3.5452

Abstract

The fisheries sector plays a strategic role in Indonesia's national economic development due to its significant contribution to meeting food needs, creating jobs, and earning foreign exchange. However, this sector still faces various serious challenges, such as Illegal, Unreported, and Unregulated (IUU) Fishing practices, excessive exploitation of marine resources, degradation of aquatic ecosystems, and weak compliance with applicable legal provisions. These problems not only impact the sustainability of fisheries resources but also threaten the economic sustainability of coastal communities. This study aims to analyze the government's role in overseeing the fisheries sector in Indonesia, which includes regulatory and institutional aspects, and the implementation of supervision in the field. The research method used is a normative juridical approach through a review of relevant laws and regulations, including Law Number 31 of 2004 concerning Fisheries as amended by Law Number 45 of 2009, and other derivative regulations. The analysis also considers the role of supervisory institutions such as the Ministry of Maritime Affairs and Fisheries (KKP), the Indonesian Navy (TNI AL), and law enforcement officials in preventing and prosecuting violations in this sector. The research findings indicate that the government plays a strategic role in establishing policies, establishing oversight institutions, providing monitoring facilities and infrastructure, and taking legal action against violators. However, oversight effectiveness is still suboptimal due to limited human resources, monitoring technology, inter-agency coordination, and low legal awareness among fisheries business actors. Therefore, strengthening an integrated oversight system, increasing the capacity of officials, utilizing information and satellite technology, and consistent law enforcement are necessary. These steps are expected to ensure sustainable management of Indonesia's fisheries sector, protect marine resources, and support national economic growth.
Negosiasi Sebagai Forum Aps: Kajian Teoritis dan Praktis di Indonesia
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 3 (2025): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i3.5468

Abstract

Negotiation is the most fundamental form of Alternative Dispute Resolution (ADR), emphasizing the peaceful settlement of conflicts through direct dialogue between disputing parties without involving a third party. In Indonesia, negotiation has become one of the most widely used ADR mechanisms and has developed across various fields, including civil law, labor relations, administrative disputes, and environmental issues. This study aims to analyze negotiation as an ADR forum from two main perspectives. First, a theoretical review that examines the principles of negotiation, its stages, as well as its advantages and limitations compared to other dispute resolution mechanisms. Second, a practical review that elaborates on the implementation of negotiation within the Indonesian legal context through case studies of disputes resolved through negotiation. The research employs a normative-juridical approach to analyze the legal foundations and principles governing negotiation, combined with an empirical review through case data exploration and interviews with legal practitioners. The findings indicate that negotiation offers several advantages, including efficiency in time and cost, procedural flexibility, and the potential for mutually beneficial solutions (win–win solutions). However, this study also identifies challenges such as unequal bargaining positions between parties, limited legal recognition of negotiation outcomes, and the insufficient capacity of negotiators or informal mediators to fully grasp legal aspects. Based on these findings, the study recommends several strategic steps: enhancing legal recognition and protection for negotiation outcomes, strengthening the capacity and competence of negotiators through legal and communication skills training, and expanding the use of negotiation as an initial step in resolving various types of disputes. With stronger legal frameworks and improved human resources, negotiation has the potential to become a more effective, efficient, and sustainable dispute resolution instrument in Indonesia.
Penertiban Izin Usaha Mebel di Kecamatan Alak Kelurahan Manutapen Kota Kupang (Kajian Yuridis Terhadap Peraturan Daerah dan Peraturan Pemerintah)
Deposisi: Jurnal Publikasi Ilmu Hukum Vol. 3 No. 3 (2025): September : Deposisi: Jurnal Publikasi Ilmu Hukum
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/deposisi.v3i3.5474

Abstract

This study aims to analyze and describe the regulation of furniture business permits in Alak District, Manutapen Village, Kupang City, within the framework of regional and national legal provisions. Business permits are a vital aspect of legality, providing legal certainty and protection for entrepreneurs. Despite this importance, many wooden furniture businesses continue to operate without official permits. Several factors contribute to this issue, including limited knowledge of regulatory requirements, inadequate access to facilities and administrative services, and the perception among entrepreneurs that small-scale businesses do not necessarily require permits. This research adopts an empirical approach, employing semi-structured interviews with local furniture business owners who have not yet obtained permits. The findings reveal that although the government has made efforts to disseminate information and promote the importance of business permits, these initiatives have not been fully effective. Many entrepreneurs remain unaware of the legal obligations and the potential benefits that permits can provide, such as protection against legal disputes and opportunities for broader business development. The study further identifies both positive and negative impacts of the furniture industry in the local community. On the positive side, furniture businesses significantly contribute to household income, create new job opportunities, and foster creativity through innovative craftsmanship. On the negative side, they also cause environmental issues such as waste and pollution, reduce agricultural land due to the expansion of workshops, and influence lifestyle changes within the community. Based on these findings, the study concludes that the government must strengthen its role by enhancing outreach and education programs, simplifying the permit application process, and providing better support services to entrepreneurs. Additionally, active participation from business owners is crucial to ensure compliance with legal frameworks and to achieve a sustainable balance between economic growth, social welfare, and environmental preservation.

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