The legal norm contained within Article 42 of the Marriage Law rigidly stipulates that the legal validity of a child depends on the legality of the marriage of their biological parents. The provisions of this norm have raised legal problems for children from illegitimate marriages, especially concerning their civil rights. Departing from the Constitutional Court Decision Number...
Legislation is a sub-system of national law that functions to actualise the implementation of national and state administration according to the ideals established by the national legal system. However, currently the policy of legislation is facing systemic problems, which are related to the institutional governance of the formation of legislation. In response to this problem...
This research is based on the requirement to do work that is not in line with the obligation to provide capital, the system of difficulties at the work level needs to be discussed in an obligation that will be fulfilled. In line with this, to increase understanding of workers' rights in agricultural cooperation with a profit sharing system based on the principle of balance when...
Political dynasty has grown into one of the main challenges in the development of democracy in Indonesia since the 1998 Reformation Era which aims to strengthen democracy and governance based on Good Governance. Thus, the existence of cultured political dynasty has the potential to hinder the achievement of democratic objectives and legal reforms developed in Indonesia. This...
The Decisions of the Honorary Council for Election Administration (DKPP) serves as a crucial instrument for the DKPP in determining violations of the Code of Ethics on Election Administration. However, in its development, DKPP Decisions were found to exceed their authority (ultra vires). Constitutional Court Decision No. 115/PHPU.D-XI/2013 stated that the DKPP Decision should be...
In the past seven years, the striking characteristic of cases filed before the Constitutional Court (MK) has developed into cases at the open legal policy level. In open legal cases, policy amendments should be settled through the formation or improvement of laws by the government. This study aims towards three objectives: (1) to identify the causes of the emergence of open legal...
Social welfare is a crucial element of a nation, which involves various aspects of life such as health, education, economy, environment, social, and politics that are included in the concept of welfare state. The implementation of Article 34 paragraph (1) of the 1945 Constitution in practice displays various obstacles faced by the government in actualising social welfare. This...
The study aims to examine the Kasultanan (the Sultanate) and the Kadipaten, which are deemed to be legal entities recognized as having land ownership rights which are utilised and managed by the community. The proposed legal problems are, first, how the community utilise the land owned by the Kasultanan (the Sultanate) and the Kadipaten, second, how is the protection and legal...
Circular Letter of the Minister of Home Affairs ('SE Mendagri') No. 821/5492/SJ grants authority to the Mayor (in charge) of the Province to re-assignation or to dismiss civil servants ('PNS') or state civil apparatus ('ASN') without the approval of the Ministry of Home Affairs (Kemendagri), and thus, such policy has caused several polemics, particularly in reagards to the re...
This study brings forward the analysis for the topic of underhanded marriage and the potential for it to be followed up by itsbat nikah or reconducting the marriage process with the same partner, thus undertaking a second marriage with registration. Each of these options poses different legal consequences, especially for the child that has been born, in which they carry the...
The rising number of cyberbullying occurrences in Indonesia is one of the subsequent results of the rapid development of technology, thus efforts are needed by the government in form of a policy, both repressive and preventive measures. The purpose of this study is to provide a concept of society prevention in regards to cyberbullying through the implementation of the ideal...
This study examines the considerations of the Supreme Court justices in Decision Number 17P/HUM/2021. Through the judicial review mechanism, the decision annulled the joint decision of the Minister of Education and Culture, Minister of Home Affairs, and Minister of Religious Affairs of the Republic of Indonesia which prohibited regional governments and public schools from...
This paper analyzes the development of the Constitutional Court Decision in addressing the Dispute on the Presidential and Vice Presidential Election Results (PHPU) and the impact of the said decision on the legitimacy of the election results and the political stability in Indonesia. This is a normative legal research with a library study approach and literature study. The...
The enactment of Law Number 6 of 2023 on the Determination of Government Regulations in Lieu of Law Number 2 of 2022 (Perppu No. 2 of 2022) on Job Creation into Law (also known as Law No. 6 of 2023) has brought forward a number of pros and cons. The government argues that Perppu No. 2 of 2022, which was later amended into Law No. 6 of 2023, bears the urgency to be issued in order...
The Democratic Rule of Law adopted by Indonesia manifests Article 1 paragraph (2) and Article 1 paragraph (3) of the 1945 Constitution. This requires the public's role as the holder of supreme sovereignty in national and state life in various fields. Public participation has been practically implemented and guaranteed in statutory regulations. However, public participation is...
The Constitutional Court has the authority to determine the addressed subject in order to make adjustments to laws that have been assessed or interpreted for their constitutionality. This determination usually only applies to applications that are granted and not applications that are rejected in their entirety. In Decision Number 20/PUU-XIX/2021 (Case for Reviewing Article 50...
This research aims to analyze the independence of the Financial Services Authority (OJK) after the promulgation of Law No. 4 of 2023 on the Development and Strengthening of the Financial Services Sector. This research addresses the following problems, how independent is the OJK after the promulgation of Law No. 4 of 2023 on the Development and Strengthening of the Financial...
This research aims to examine the need to design the guidelines for sanctioning system in sexual violence in higher education institutions and the legal benefits that can be generated from it. The focus of this research departs from the results of a literature review regarding various strategies for handling cases of sexual violence in higher education institutions which are...
Statelessness has become a global problem. It is estimated that there are currently 12 million stateless people worldwide. This paper aims to analyze in depth the issue of statelessness according to contemporary maqashid sharia. The normative legal research method is employed in this paper as it uses secondary data obtained through literature study. Literary sources related to...
Pursuant to the 2008 Charter, ASEAN has worked with a new legal framework and has thus established various organs to accelerate the process of community building. In accordance with the said Charter, ASEAN established a Human Rights Body namely the ASEAN Intergovernmental Commission on Human Rights (AICHR). AICHR serves as a human rights institution which is designated as an...
The modernization of democracy further clarified the central position and role of political parties in the political system and statehood. This kind of central position and role in one hand can have a positive impact on the functioning of the democratic system and at the same time may have a negative impact if the working of the democratic system within the internal political...
Spatial transition theory defines that people behave differently in the cyber world than in the physical world. This theory attempts to explain patterns of cyber-criminal behavior by categorizing cyber-crimes into four main categories of cyber offenses, namely violent behavior, cyberbullying, fraud, cyber theft, and cyber pornography. The topic of cyber bullying is highlighted in...
The discourse on the legal capacity of persons with mental disabilities is currently increasing among the observers of the rights of the disabled, including Islamic law observers. The present situation is driven by the demands of the disabled community who prefers the policy on giving parole to be abolished, and hopes for it to be altered with another newer policy known as...
Law number 20 of 2016 on Trademark and Geographical Indication provided for trademark examination, but in the M&G case, a difference in trademark examination resulted in the development of two identical trademarks. The study's questions are, firstly, how did the Directorate General of Intellectual Property (DGIP) conduct trademark examination in the case of M&G for the protection...
The administration of social security in Indonesia is entrusted to two newly formed institutions as mandated by Law Number 40 of 2004 concerning National Social Security System, namely BPJS for Health and BPJS for Employment. The basis for the operation of these two institutions is Law Number 24 of 2011 concerning the Implementing Agency of Social Security. These two bodies are...