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INDONESIA
JURNAL MAHKAMAH
Published by Universitas Ma'arif Lampung
ISSN : 27254422     EISSN : 25485679     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Mahkamah adalah Jurnal Ilmiah Berkala yang memuat artikel hasil penelitian mupun artikel konseptual di bidang Ilmu Hukum dan Hukum Islam. Jurnal Mahkamah diterbitkan oleh Fakultas Syaria'ah Institut Agama Islam NU (IAIM NU) Metro Lampung. Redaksi membuka kesempatan kepada para Kademisi, Dosen, Peneliti, Guru, Mahasiswa dan LSM untuk berpartisipasi dalam mengembangkan wacana Ilmu Hukum dan Hukum Islam yang humanis dengan karyakarya aspiratif, progresif, integratif dan interkonektif.
Arjuna Subject : -
Articles 15 Documents
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Search results for , issue "Vol. 9 No. 2 December (2024)" : 15 Documents clear
Problems of Criminal Law Evidence in Murder and Sexual Violence Cases (Case Study of Vina Cirebon Murder) Kinanti Puput Septiana; Harefa, Beniharmoni
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.5135

Abstract

The issue of evidence in the case of murder and sexual violence against Vina in Cirebon has become an obstacle in the case resolution process. This issue can lead to errors in identity or wrongful arrests, creating legal uncertainty and reducing public trust in the justice system, thereby hindering the effective enforcement of justice. The purpose of this research is to understand the evidentiary process in law enforcement regarding the perpetrators of murder and sexual violence in this case, and to examine the responsibility of law enforcement for errors in identity caused by evidentiary problems. The research method used is normative juridical, analyzing legal sources such as laws, court decisions, legal theories, and expert opinions. The findings show that there were evidentiary issues in this case, including witness testimony, the defendant's testimony, results from the visum et repertum, and exhumation. Furthermore, the responsibility of law enforcement for errors in identity can be linked to Articles 95-97 of Law No. 8 of 1981 concerning the Criminal Procedure Code. The police, as law enforcement officers, can also be subject to sanctions under Article 7 paragraph (1) letter c of the National Police Chief Regulation No. 14 of 2011 concerning the Code of Ethics for the Indonesian National Police and Article 7 of Government Regulation No. 2 of 2003 concerning the Disciplinary Regulations for Members of the Indonesian National Police. Errors in identity in this case highlight the importance of thoroughness in the evidentiary process to ensure that justice is properly served.
A Legal Review of the Rights and Identity of Adopted Children (Case Study of an Adopt Father Who is Reluctant to Disclose Their Biological Father in Sumber Gede Village, East Lampung) Ariyanto, Ade Fajar; Khotamin, Nur Alfi
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.7549

Abstract

This study critically examines the practice of concealing the identity of adopted children in kinship-based adoption patterns in Sumber Gede Village, highlighting the implementation of adoption that takes place without formal legal procedures and its implications for the fulfillment of identity rights in the national legal system. This study aims to identify the configuration of these social practices and test their compliance with the provisions on child identity protection in Law Number 35 of 2014 and Government Regulation Number 54 of 2007. The approach used is qualitative through empirical juridical methods based on field studies, with primary data from interviews with various parties and secondary data from regulations and legal literature, which are analyzed qualitatively descriptively. The findings indicate two dominant patterns, namely foster care without document changes and administrative engineering without a court order, which have the potential to reduce children's identity rights. The novelty lies in the integration of normative and empirical-sociological analyses that highlight the psychological-cultural motives of adoptive parents and their legal vulnerabilities. The socio-legal approach reveals the gap between norms and practices, both from the perspective of national law and the principle of ḥifẓ al-nasl, with implications for the uncertainty of civil status and weak legal protection of children.
Maintenance Crisis in Early Marriage: Socio-Legal Study on the Triggers of Divorce Lawsuits in Sukadana Yustora, Denty; Arsyad, Mufid
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.7578

Abstract

The maintenance crisis in early marriage in Sukadana shows that there are serious problems in family relations that have an impact on the increase in divorce lawsuits. Most previous studies have focused more on common factors of divorce such as the economy and household disharmony, while studies that specifically link the maintenance crisis in early marriage to a socio-legal perspective have been limited. This article analyzes how the husband's inability to fulfill alimony obligations transforms into a juridical reason in a divorce lawsuit and how these dynamics reflect the interaction between structural, cultural, and normative factors. This research uses a qualitative method with an exploratory-analytical design through a socio-legal approach. Data were obtained from in-depth interviews with six informants as well as an analysis of court decisions and related regulations. The results of the study show that the maintenance crisis is influenced by economic unpreparedness due to early marriage, low education, and weak internalization of family law norms. In addition, there is a shift in the meaning of alimony from a normative obligation to a structural burden and a change in power relations in the household that trigger conflicts. These findings confirm that divorce serves as a socio-legal mechanism to provide legal protection and certainty for women and reflects the need for a family justice model that is more responsive to social realities.
Children's Legal Steps for Abuse of Property by Parents for the Sake of Polygamy: A Study of Positive Legal Analysis in Mataram Baru Village, East Lampung Kharisma, Roza; Iwannudin, Iwannudin
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.7593

Abstract

Children are legal subjects who have inherent rights, including economic rights and property ownership rights that are protected by Indonesia's positive law. However, in practice, it is still found that the misuse of children's property by parents for personal interests, including in the context of polygamy. This study aims to analyze Indonesia's positive legal arrangements in protecting children's rights to the misuse of property by parents for the sake of polygamy and examine the legal steps that can be taken by children in dealing with these problems. This research uses a qualitative approach with a type of field research conducted in Mataram Baru Village, East Lampung. Primary data was obtained through in-depth interviews with children, legal wives, and family members, while secondary data was obtained from laws and regulations, legal literature, and other supporting documents. The results of the study show that Indonesia's positive law has provided preventive, repressive, and administrative legal protection, but its implementation at the village level has not been optimal due to low legal awareness and socio-cultural factors. The novelty of this research lies in the placement of children as active legal subjects who can demand and recover their economic rights in the context of polygamous families at the local level.
Legal Protection of Children Outside of Marriage Perspective of Khi and the Child Protection Law (Study in Sukajadi, Punggur, Central Lampung) Rijala Sholeh, Muhammad; Arsyad, Mufid
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 9 No. 2 December (2024)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v9i2.7692

Abstract

The phenomenon of child births outside of legal marriage is increasing and causing legal and social problems, especially related to legal status, societal stigma, and the fulfillment of children's rights. The difference in regulation between the Compilation of Islamic Law (KHI) and positive law also affects the effectiveness of legal protection for children out of wedlock. This study aims to analyze the legal protection of children out of wedlock from the perspective of KHI and the Child Protection Law, as well as assess its implementation and effectiveness in Sukajadi Village, Punggur District, Central Lampung Regency. This study uses a qualitative method with an empirical and juridical-sociological approach. Data were obtained through observation, interviews, and documentation, then analyzed using Miles and Huberman's interactive model. The results of the study show that legal protection for children out of wedlock is not optimal. Administratively, the registration of children's identities is still oriented towards formal provisions so that the name of the biological father cannot be included without legal determination. In the perspective of Islamic law, children only have a nasab relationship with the mother, while positive law provides space for the recognition of civil relations with the biological father. However, its implementation is constrained by economic factors, complex legal procedures, and low public understanding, creating a gap between legal norms and practices in the field.

Page 2 of 2 | Total Record : 15

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