JURNAL LITIGASI (e-Journal)
JURNAL LITIGASI (e-Journal) is a peer-review journal with vision to develop law and harmony between Indonesian positive law and the reality in the society. JURNAL LITIGASI (e-Journal) aims to 1. Actively participate in national development and reformation of law; 2. Take part in educating higher education and legal profession in Indonesia; 3. Provide information on development of law in Indonesia 4. Enlight people in order to improve people’s knowledge of law JURNAL LITIGASI (e-Journal) is published by Fakultas Hukum Universitas Pasundan. LITIGASI covers articles on science of law, legal theories, legal philosophy, social study on law with latest and actual substances. LITIGASI publishes original and scientific articles whose values of novelty in the form of Research findings, Articles, Reviews, and Book Review.
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<![CDATA[PERANAN HALUAN NEGARA DALAM MENCAPAI TUJUAN PEMBANGUNAN BERKELANJUTAN DI INDONESIA ]]>
<![CDATA[Yuhana, Abdy]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.12636
<![CDATA[The significance of revitalizing the Basic Guidelines of the State Policy (GBHN) through the Contemporary Policy Guidelines (PPHN) serves as a foundation for sustainable development in Indonesia. This revitalization aims to fill the legal void left by the Basic Guidelines of the State Policy (GBHN) and provide clear guidance for sustainable national development. This research employs a normative legal method and qualitative analysis, focusing on the study of legal documents and relevant academic literature. Data collection is conducted through documentation studies that encompass laws, related regulations, and literature addressing the research theme. The Contemporary Policy Guidelines (PPHN) is posited to function as a structured and inclusive framework. Mechanisms such as public consultations, integration of local policies, reinforcement of the legal framework, and effective monitoring and evaluation systems are proposed to ensure that the Contemporary Policy Guidelines (PPHN) serves not merely as a normative document but also as an operational guideline that is responsive to societal needs. Visionary leadership is identified as a key factor in accelerating sustainable development, with an emphasis on inclusive vision and innovation. The revitalization of the Contemporary Policy Guidelines (PPHN) is expected not only to provide a clear direction for national development but also to enhance legal stability and societal welfare. The integration of holistic and sustainable development is deemed essential, involving community participation and coherence between central and regional policies to create lasting positive impacts for society and the environment.]]>
<![CDATA[CAN PENAL MEDIATION SOLVE DOMESTIC VIOLENCE? INSIGHTS FROM ISLAMIC LAW ]]>
<![CDATA[Kania, Dede]]>;
<![CDATA[Rahmannillah , Vienka]]>;
<![CDATA[Anggarainiko, Litya Surisdani]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.13320
<![CDATA[Domestic violence remains a pressing issue, with approximately 70% of cases resolved through penal mediation in recent years. In West Java Province alone, nearly 3,000 cases of domestic violence have been recorded, highlighting the urgency of effective resolution mechanisms. Penal mediation has emerged as an alternative approach, yet its alignment with Islamic legal principles remains underexplored. Islamic law strictly prohibits acts of violence, as it is a religion that upholds human dignity and peace. This study aims to examine the principles of Islamic law in the application of penal mediation to domestic violence cases and to identify the challenges faced in its implementation from both general and Islamic perspectives. Employing an empirical juridical method, this research gathers qualitative data through interviews, field observations, and literature reviews. The findings reveal a strong correlation between Islamic legal principles and penal mediation, with Surah An-Nisa verse 35 serving as a foundational reference for mediation efforts. However, the study also uncovers normative challenges, including inconsistencies in regulatory frameworks and misinterpretations of Islamic law regarding reconciliation and peace. The novelty of this research lies in its integration of Islamic legal principles with contemporary penal mediation practices, providing a unique perspective on addressing domestic violence. By bridging legal theory and religious doctrine, this study contributes to the development of more culturally and ethically grounded mediation practices, offering valuable insights for policymakers, legal practitioners, and religious scholars.]]>
<![CDATA[ANALISIS PERUBAHAN PERATURAN DALAM MELAKUKAN INITIAL PUBLIC OFFERING DI BURSA EFEK INDONESIA ]]>
<![CDATA[Dwinanda, Irfan Alfieansyah]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.13513
<![CDATA[The capital market plays a significant role in a country's economy, as it enables the functioning of economic and financial activities. Indonesia ranks first among ASEAN countries in terms of market capitalization, and the Financial Services Authority and the Indonesia Stock Exchange predict that the Indonesian stock market's capitalization still has the potential to grow even larger. The opportunity for significant capitalization encourages the government to facilitate IPO requirements, especially for start-ups and medium-sized enterprises. However, easing IPO requirements may have both positive and negative impacts on investors, securities, and issuers (company). This study is a normative juridical research using secondary data, which is then analyzed qualitatively. The research findings indicate that the number of companies conducting IPOs does not necessarily reflect the quality of the stock exchange. By granting permission to companies that have not yet recorded profits for IPOs, investors are encouraged to speculate on the movement of stock prices and the condition of the market. Therefore, it is necessary to formulate regulations regarding IPOs that still prioritize the principle of full disclosure.]]>
<![CDATA[REGIONAL VICE HEADS: POWER PLAYERS OR MERE PUPPETS? UNPACKING THE CONTRADICTIONS IN LAW NO. 23/2014 ]]>
<![CDATA[Arifin, Firdaus]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.14574
<![CDATA[The role of the deputy regional head in Indonesia is primarily intended to complement the regional head by assisting in the execution of governmental duties. However, the ambiguity surrounding the deputy’s authority has emerged as a critical issue, often resulting in disharmony between regional heads and their deputies. If left unresolved, this tension may disrupt regional governance and prompt considerations of abolishing the deputy regional head position altogether. This study employs a normative juridical approach, analyzing secondary data through qualitative juridical methods to produce a descriptive narrative. The findings reveal that the regional head’s authority frequently overshadows the deputy’s role, rendering the deputy regional head largely symbolic and ineffective. This power imbalance has been a recurring source of conflict. To address this, the study proposes a Principle-Based Authorization Model to clearly define and strengthen the deputy’s authority, ensuring a more balanced and harmonious relationship. The urgency of this issue necessitates action from both the government and parliament to revise Law No. 23 of 2014 on Regional Government or to introduce specific regulations delineating the deputy’s responsibilities. By empowering the deputy regional head’s role, this reform could enhance the efficiency and effectiveness of regional governance, contributing to more stable and cooperative leadership at the regional level.]]>
<![CDATA[KONVERGENSI HUKUM ADMINISTRASI NEGARA: ANALISIS TERHADAP KEPUTUSAN TATA USAHA NEGARA YANG MENGANDUNG UNSUR HUKUM PERDATA ]]>
<![CDATA[Pantja Astawa, I Gde]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.17205
<![CDATA[The State Administrative Decision (KTUN) plays a central role in regulating the relationship between the government and society. However, the exclusion of KTUN classified as a civil legal action, as stipulated in Article 2 letter a of Law No. 5 of 1986 concerning the State Administrative Court, has created ambiguity and the potential for overlapping jurisdiction between the State Administrative Court (PTUN) and the General Court. This study aims to analyze the convergence of administrative law and private law within the context of KTUN and provide recommendations for resolving the contradictions in the existing legal framework. This research employs a normative legal method, utilizing both statutory and conceptual approaches, and analyzes data from regulations and court decisions. The findings reveal that the terminological confusion within the State Administrative Court Law causes legal uncertainty and overlapping jurisdiction between the PTUN and general courts. The implications of this study highlight the need for revising the PTUN Law to eliminate the exclusion of State Administrative Decree involving private law elements, along with improving the competence of judges in handling disputes that involve the convergence of administrative and private law.]]>
<![CDATA[MENAKAR PENEGAKAN HUKUM PRAKTIK POLITIK UANG (MONEY POLITIC) DALAM MEWUJUDKAN KEADILAN PEMILU (ELECTORAL JUSTICE) ]]>
<![CDATA[Kurnia, Kamal fahmi]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.17313
<![CDATA[The mechanism for enforcing money politics law has 2 (two) different legal dimensions, namely the election criminal dimension and the election administration dimension. Such conditions give rise to legal uncertainty in the process of enforcing the money politics that occurs. The principle of electoral justice is an important perspective in the process of enforcing money politics laws. This research aims to construct Money politics Law Enforcement that can Achieve Electoral Justice in Indonesia. This research uses a normative juridical approach, with secondary data as the main data. The data collection method was carried out by literature study of secondary data. Next, data analysis was carried out using qualitative descriptive methods. The conclusion of this research states that the construction of law enforcement of money political practices in the implementation of elections in Indonesia can be carried out by constructing 2 (two) aspects, namely certainty regarding types of money politics violations as a special type of criminal violation for elections and constructing law enforcement of money political practices through the establishment of judicial institutions. especially elections.]]>
<![CDATA[KONSTRUKSI YURIDIS PENGATURAN BANTUAN JURU BAHASA BAGI TERDAKWA ]]>
<![CDATA[Susilo, Erwin]]>;
<![CDATA[Rafi, Muhammad]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.17359
<![CDATA[The defendant has the right to present a defense, and to guarantee that the defendants must understand the facts that arise during trials. The Indonesian Criminal Procedure Code (KUHAP), yet still superficial, does regulate the mechanism for appointing an interpreter. This study aims to elaborate: first, the urgency of an interpreter during trial; and second, how the law regulates the existence of an interpreter assistance for defendants. This research uses a normative juridical method. Based on the problem mentioned above, the conclusion is as follows: First, the appointment of an interpreter aims to ensure equality between the defendant and the prosecutor. Those conditions will lead to a verdict based on substantive truth by the judge. Second, the judge must use an official decree to appoint an interpreter, granting them legal authority during the trial. Before the interpreter translates any facts in the trial, they must first take an oath or pledge. An interpreter who provides intentionally false translations will be charged under Article 242 of the Criminal Code. Additionally, an interpreter who has been appointed but fails to fulfill their duties can be penalized under Article 224 paragraph (1) of the Criminal Code, and if the interpreter unlawfully fails to appear, they can be penalized under Article 522 of the Criminal Code. This study recommends that future reforms of the Criminal Procedure Code explicitly state that judges should appoint interpreters through official decrees and interpreters should be certified and integrated into the criminal justice system.]]>
<![CDATA[PENERAPAN RESTORATIVE JUSTICE DALAM TINDAK PIDANA DI BIDANG KETENAGAKERJAAN ]]>
<![CDATA[Zenno Januarsyah, Mas Putra]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.17862
<![CDATA[In practice, a significant number of criminal cases within the domain of employment have been resolved through the implementation of restorative justice methodologies, particularly in instances where wage violations have occurred below the established minimum wage. However, there are no specific regulations governing the implementation of restorative justice as a mechanism for resolving criminal cases in the employment sector. The issues addressed in this research pertain to the regulation of restorative justice in the resolution of criminal cases in the field of employment in Indonesia and the implementation of restorative justice in the resolution of labor crime cases. This research is descriptive and of a normative juridical nature, utilizing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. It employs a statute approach and a case approach, and is subsequently analyzed using qualitative methods. The research findings indicate that there is no specific legislation governing the implementation of restorative justice in the resolution of criminal cases pertaining to labor in Indonesia. However, the Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice and Republic of Indonesia State Police Regulation Number 8 of 2021 concerning Handling of Criminal Acts Based on Restorative Justice may serve as a potential reference point for the application of restorative justice in labor-related offenses. Then, the application of restorative justice in resolving criminal cases has in practice been carried out in cases of criminal violations of employment in paying wages...]]>
<![CDATA[Status Anak dalam Perkawinan Campuran: Kewajiban Negara dan Implikasi Hukum Perlindungan Hak Anak ]]>
<![CDATA[Naswar, Naswar]]>;
<![CDATA[Maskun]]>;
<![CDATA[Abdul Rahman]]>;
<![CDATA[Muhammad Mutawalli Mukhlis]]>;
<![CDATA[Tia Ludiana]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.17914
<![CDATA[A mixed marriage is a marriage between two people from different countries or cultures. This can give rise to various legal issues, especially related to the status of children born from the marriage. Mixed marriages have become increasingly common in this era of globalization. However, when couples with different nationalities This article examines various legal issues that often arise from mixed marriages, especially related to the status of children born from the marriage, both related to family law, civil law, and children's rights. This article aims to contribute to understanding the legal complexities that arise from mixed marriages such as the legal aspects of mixed marriages, the rights and obligations of mixed marriage couples, the implementation of the legal aspects of mixed marriages in Indonesia, and the challenges and solutions in the implementation of the legal aspects of mixed marriages and provide insights that can be used to formulate improvements in legal policies and protection of children's rights at the national and international levels. In compiling the article, the researcher chose to use a normative legal approach method, by searching for regulations and literature related to issues regarding the status of children in mixed marriages. The results or findings of this article are that there are rights and obligations of mixed marriage couples, for example, they have the right to obtain citizenship from their husband/wife and must ensure that their marriage complies with the provisions of Indonesian marriage law. The implementation of the legal aspects of mixed marriages in Indonesia...]]>
<![CDATA[CHILDREN’S RIGHTS IN THE CROSSFIRE: EXAMINING INDONESIA'S DIVORCE LEGAL CULTURE ]]>
<![CDATA[Sri Ciptorukmi, Anjar]]>;
<![CDATA[Safira Rahma, Adalia]]>
<![CDATA[ LITIGASI Vol. 25 No. 2 (2024) ]]>
Publisher : <![CDATA[Faculty of Law, Universitas Pasundan ]]>
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DOI: 10.23969/litigasi.v25i2.18009
<![CDATA[The divorce rate in Indonesia has shown a significant annual increase, rising from 20.24% in 2018 to 29.39% in 2023, with an average growth of approximately 2% per year. This study examines the legal culture surrounding divorce in Indonesian courts and explores the potential for law to transform societal attitudes and practices. Using a qualitative descriptive approach, the research relies on secondary data, including court decisions, prior studies, and relevant legislation, analyzed through interactive methods. The findings reveal five key aspects of Indonesian legal culture related to divorce: (1) most divorce filings are initiated by wives; (2) divorces frequently occur during the early years of marriage; (3) child rights are often overlooked in divorce lawsuits; (4) many cases proceed without the defendant’s presence; and (5) societal norms tend to tolerate fathers neglecting financial responsibilities toward their families. These findings highlight the urgency of employing legal mechanisms to reshape societal attitudes toward divorce. The study proposes several measures to address these issues: emphasizing shared family responsibilities between spouses, mandating premarital counseling and family support programs, explicitly outlining divorce consequences in court rulings, broadening participation in divorce trials, and strengthening regulations on the enforcement and supervision of child and spousal maintenance rights. These recommendations aim to create a more equitable and accountable legal culture, contributing to the long-term stability and well-being of families in Indonesia.]]>
