Jurnal Litigasi Amsir

Efektivitas Fungsi DPRD dalam Mengawasi Pengelolaan APBD Kabupaten Gorontalo

Usman Mohamad — 2025-09-29

This study examines the effectiveness of the Gorontalo Regency Regional People's Representative Council's (DPRD) oversight of the implementation of the Regional Budget (APBD), using normative and empirical legal methods. Regulatorily, the DPRD possesses formal oversight instruments such as the right of interpellation and working meeting mechanisms. Still, their implementation is often hampered by member capacity, limited resources, local government transparency, and the dominance of political interests. The results of the study indicate that strengthening DPRD capacity, executive transparency, and public participation are crucial to enhancing oversight effectiveness and achieving accountable and responsive regional governance.

Contextualization of the Constitutional Court's Decision on Women's Inheritance Rights in Customary and Islamic Marriages

Muh. Akbar Fhad Syahril — 2025-10-02

This study critically analyzes the influence of legal system pluralism on the reality and reconstruction of women's inheritance rights in customary and Islamic practices in Indonesia, highlighting the crucial role of Constitutional Court decisions. Based on the diversity of Islamic, customary, and civil law inheritance systems, this study finds that women often face structural obstacles, both due to conservative normative interpretations and the dominance of patriarchal traditions in inheritance distribution. Using normative juridical methods and an examination of Constitutional Court Decision No. 46/PUU-VIII/2010 and related jurisprudence, this study confirms a paradigm shift toward more inclusive and equitable protection for women heirs. However, the implementation of this progressive legal substance still faces cultural resistance and social obstacles that require state intervention through regulatory harmonization, law enforcement, and public education. These findings are expected to provide a foundation for reforming family law that guarantees equality and justice for women's inheritance rights in Indonesia.

The Transformation of Gender Roles within the Family: A Socio-Legal Study on the Responsibilities of Husbands and Wives

Wiwin Wiwin — 2025-10-05

Social, economic, and cultural developments in Indonesia have significantly transformed family structures and relationships, particularly in the distribution of responsibilities between husbands and wives. Although Indonesian positive law primarily through Law No. 1 of 1974 on Marriage as amended by Law No. 16 of 2019, and the Compilation of Islamic Law (KHI) continues to affirm the husband as the head of the household and the wife as the homemaker, social realities indicate a shift toward more egalitarian family relations. The central issue of this study concerns how Indonesian family law accommodates social change and the transformation of gender roles without undermining the principles of justice and equality within the family. This research employs a normative legal approach combined with statutory and socio-legal perspectives, analyzed using a qualitative descriptive-analytical method. The findings reveal that Indonesian family law remains grounded in a patriarchal paradigm that positions men as dominant figures in the household. However, from a socio-legal and feminist legal perspective, there has been a noticeable shift in values and social practices toward gender equality in familial roles. This phenomenon has created a legal gap between normative frameworks and social realities, necessitating reinterpretation and reform of family law to ensure its responsiveness to substantive justice and gender equality principles. Therefore, family law in Indonesia should be reoriented toward an egalitarian and relational partnership paradigm that recognizes husbands and wives as equal legal subjects in rights, duties, and familial responsibilities.

Peran Pendidikan Agama dalam Pembentukan Kesadaran Hukum Peserta Didik

Khaerul Khaerul — 2025-10-10

Religious education plays a strategic role in shaping the character and behavior of students, including in fostering legal awareness. This study aims to analyze how religious education can contribute to the development of students’ legal consciousness within the school environment. Using a qualitative-descriptive method and a literature review approach, this paper demonstrates that religious values such as honesty, justice, responsibility, and obedience to rules are highly relevant in shaping legal attitudes. Effective religious education can serve as a means of internalizing legal values from an early age, which in turn can lead to the emergence of a law-abiding and morally upright generation.

Telaah Hukum: Pemberdayaan Undang-Undang No. 12 Tahun 2022 dalam Pembuktian Kasus Kekerasan Seksual

Erlindha Helend — 2025-10-10

This research aims to determine the position of testimony from the victim's witness in proving Sexual Violence Criminal Acts based on Law No. 12 of 2022 concerning Sexual Violence Criminal Acts, and to identify the qualifications of valid evidence in proving Sexual Violence Criminal Acts based on Law No. 12 of 2022 concerning Sexual Violence Criminal Acts. This study adopts a normative research type with a statutory approach. The research results indicate that the position of the victim's witness testimony in proving sexual violence criminal acts is outlined in Article 25 (paragraph 1). The qualifications of valid evidence in proving sexual violence criminal acts are also outlined in Article 24 (paragraph 1), as regulated in Law No. 12 of 2022 concerning Sexual Violence Criminal Acts.

Good Faith Principle dalam Hukum Perjanjian: Perspektif Hukum Islam

Auliah Ambarwati — 2025-10-11

The Good Faith Principle is one of the fundamental principles in Contract Law according to Civil Law scholarship, as stipulated in the Civil Code (Kitab Undang-undang Hukum Perdata) that every agreement (contract) must be executed in good faith. This principle itself has been extensively studied with various interpretations regarding the meaning of the good faith principle. This paper aims to examine the conception of the Good Faith Principle in Contract Law from an Islamic perspective, which subsequently reveals that first, in various verses of the Quran and in the Hadith, there are prohibitions against acts containing bad faith, which means violating the principle of good faith; second, that good faith is a reflection of one's piety. A person who acknowledges themselves as a Muslim and believes in the matters prescribed in the Quran and Hadith is on a path to attaining happiness, which is the ultimate goal of a Muslim

Perlindungan Hukum Terhadap Pekerja Berdasarkan Perjanjian Kerja Waktu Tertentu

Anggi Sri Haryati Simarmata — 2025-10-12

This study explained that as time goes by (the era of globalization), problems in the field of employment are increasing, one of which is the clarity of legal protection for workers based on certain term work agreements. This research uses normative methodology through library research. Fixed-term work agreements and non-permanent workers in Indonesia still require legal protection regarding job status and security. Inappropriate conditions in an employment relationship between workers/laborers and employers are mainly related to the issue of fulfilling workers' rights within the scope of their work. The government has an important role in regulating labor regulations, especially as these regulations or norms serve as the basis for worker safety. Now, workers can know the laws that regulate the obligations between recipients and employers to prevent exploitation of workers and that there is a negotiation stage first before an agreement is made. It also regulates permits for termination of employment rights (PHK) which result in the end of the rights and obligations between the worker/employee and the employer. Therefore, it is natural for the government to regulate regulations, not only protecting workers' rights but also paying attention to the company's financial capacity by providing maximum regulations evenly.

Kekerasan Seksual Terhadap Anak: Analisis Relasi Pelaku-Korban dan Dampaknya Terhadap Anak sebagai Korban

Feby Reski Utami — 2025-10-13

Cases of sexual violence against children in Indonesia have shown a significant increase in both quantity and severity. Most perpetrators are found to be individuals within the victim’s close environment such as family members, teachers, or community figures, making the issue more complex to address. This study aims to analyze the relationship between perpetrators and victims and the resulting impacts on children as victims of sexual violence. The research employs a normative juridical method with statutory and case approaches. Data were collected through a literature study by reviewing relevant regulations, including Law No. 17 of 2016 on Child Protection and Law No. 12 of 2022 on Sexual Violence Crimes. The findings reveal that children are a highly vulnerable group due to their dependence and power imbalance with adults. The impacts of sexual violence include physical, psychological, emotional, and social consequences, such as trauma, depression, fear, and difficulty forming social relationships. The study concludes that effective prevention and law enforcement require collaboration among families, educational institutions, communities, and the state. Strengthening legal protection and implementing rehabilitation for victims are strategic steps toward achieving justice and restoring the rights of children as the nation’s future generation. Keywords: sexual violence, children, criminal law, child protection, psychological trauma

Transformasi Narko-Terorisme: Dari Kejahatan Ekonomi ke Ancaman Ideologis terhadap Kedaulatan Indonesia

Tegar Bimantoro — 2025-10-15

The phenomenon of narco-terrorism illustrates the link between narcotics trafficking networks and terrorist groups that utilize the proceeds of economic crimes to fund ideological activities. This study aims to analyze the relationship between narcotics networks and terrorism networks in Indonesia, identify the funding strategies used, and assess their implications for national security. The study used a descriptive qualitative approach with an exploratory case study design in Gorontalo Province through in-depth interviews with key informants and analysis of official documents. The results show that narco-terrorism in Indonesia operates through loose, adaptive social-religious networks and exploits weaknesses in the legal system and correctional institutions. This phenomenon indicates a shift in the orientation of extremist groups from purely ideological to pragmatic, where narcotics trafficking is used as a strategic funding tool. Mitigation efforts must be cross-sectoral, with strengthening financial intelligence, reforming the correctional system, and increasing public awareness.

The Impact of Crime News Exposure on Public Fear of Crime in South Sulawesi Province

Dian Anggreni Thamrin — 2025-10-20

This study aims to examine the influence of exposure to crime news on the level of fear of crime among the public in South Sulawesi Province. The background of this research is driven by the increasing intensity of crime reporting across various mass media platforms, particularly social media and online news portals, which have the potential to affect public perceptions and psychological conditions related to community safety. The study employed a quantitative method using a survey approach involving 115 respondents from various districts and cities in South Sulawesi. Data analysis techniques included descriptive statistics, Pearson correlation, and simple linear regression tests. The results reveal a significant positive relationship between the habit of consuming crime news and the level of fear or anxiety about crime (r = 0.590; p < 0.01). Regression analysis shows that the variable of crime news exposure has a significant effect on fear levels (β = 0.639; p = 0.000), with a contribution of 34.8%. These findings indicate that the more frequently individuals are exposed to crime related news, the higher their perceived fear of crime. This research provides important implications for public information management and media literacy, encouraging individuals to be more critical in receiving and interpreting crime news.

Studi Perbandingan Pembagian Harta Bersama Akibat Perceraian Antara Hukum Perdata dan Hukum Islam

Muhammad Fauzi Rais Lutfi — 2025-10-22

This study discusses the legal implications of dividing joint property in divorce cases under Law Number 1 of 1974 on Marriage. The main issue arises when assets such as houses or vehicles must be divided equally between spouses, which often proves difficult in practice. Using the normative legal research method based on literature review, this study emphasizes the importance of mutual agreement between the husband and wife as mandated by Article 36 of the Marriage Law. Joint property is defined as assets acquired during marriage, regardless of whose name they are registered under. To ensure clear ownership boundaries, a prenuptial or marital agreement is considered an essential legal instrument to limit or exclude the existence of joint property. Such agreements allow each party to maintain separate ownership of their assets, thereby preventing disputes and facilitating a fair and transparent division if a divorce occurs.

Diskresi Hukum Administrasi dalam Perlindungan Hak Ekonomi Nelayan Tanpa Surat Izin Penangkapan Ikan

Diki Okta Dwi Putra — 2025-10-23

This study analyzes the role of administrative law in addressing bureaucratic complexities within Indonesia’s fishing licensing system, specifically the issuance of the Fishing Vessel License (Surat Izin Penangkapan Ikan/SIPI). The normative legal approach highlights the tension between regulatory demands and practical challenges faced by fishermen. Despite the existence of clear legal provisions mandating fishing permits, implementation remains hindered by prolonged bureaucratic processes, limited information access, and inadequate administrative capacity. These obstacles have caused significant economic and social impacts on local fishing communities. The study finds that administrative discretion, when applied responsibly, may serve as a remedial mechanism to bridge regulatory gaps and support sustainable livelihood governance. However, its exercise must align with the principles of legal certainty, accountability, and public benefit under the framework of good governance to ensure justice and legal consistency in fisheries administration.