Jurnal Litigasi Amsir

Individualization of Communal Rights: Implications of Changes in Customary Marriage Structures for Customary Land Ownership

2025-07-22T16:11:28+07:00

This study examines the impact of changes in customary marriage structures on the individualisation of customary land rights, from communal to individual ownership, and its implications for the governance and protection of customary land in Indonesia's indigenous communities. Using normative legal methods, the study finds that modernisation and land certification policies encourage the fragmentation of collective rights into private rights, thereby posing risks to weakened social solidarity, ownership conflicts, and increased vulnerability to land exploitation. Although providing administrative legal certainty, individualisation has not been able to optimally accommodate customary values and the social functions of customary land. Therefore, synergy between customary law and national law is needed to create fair and sustainable agrarian regulations, ensuring the protection of customary rights while adapting to the socio-cultural dynamics of indigenous communities.

Pengawasan Hukum sebagai Benteng Pencegahan Pelanggaran Kampanye Pemilu

2025-07-29T17:34:02+07:00

This study discusses the role of legal supervision by the Election Supervisory Body (Bawaslu) in preventing election campaign violations, especially money politics practices, based on a normative analysis of Law Number 7 of 2017 concerning General Elections. Legal supervision has been proven to play an essential role in increasing the compliance of election participants and maintaining the integrity of the democratic process. However, the effectiveness of supervision still faces challenges in the form of limited resources, differences in legal interpretations, and low public awareness of the dangers of money politics. This study recommends strengthening institutional capacity, increasing synergy between institutions, and legal education for the public as strategic steps to create honest, fair, and trustworthy elections.

Kajian Yuridis Terhadap Narapidana Yang Melakukan Pelanggaran Pidana Dalam Rumah Tahanan

2025-07-29T18:03:36+07:00

This research aims to determine the causes of violations committed by prisoners in detention centers and what the legal consequences are for prisoners who commit violations in detention centers. This research uses a normative-empirical research type. The results of this research show that the cause of criminal violations in detention is mostly due to overcapacity in the Pinrang class IIB state detention center and also because of feelings of resentment that have not been resolved previously outside detention and when they are reunited, these feelings of resentment reappear which cause emotions towards These prisoners also lack awareness for these prisoners, and as for the legal consequences for prisoners who commit criminal offenses in class IIB Pinrang state detention centers, these prisoners receive different sanctions according to the criminal offenses they have committed, which are categorized into three levels, namely moderate. For light, light, and heavy sentences, the prisoner is given a warning not to commit the same offense and the prisoner makes an oral or written statement not to repeat the act, then the medium sentence is given a sanction where the prisoner is put in a red cell or cell. exile for 6 (six) days and deprived of his rights for a while, such as not having visits from his family finally, this punishment is serious, this punishment is included in serious offenses where the prisoner will be put in solitary confinement for 6 (six) times 2 (two), and have their rights removed, such as not having visits from their family and their remission period could be revoked.

Kajian Yuridis Bentuk Tindak Pidana Pemerasan dan Pengancaman

2025-07-29T18:22:54+07:00

This research aims to understand the judge's considerations in delivering a verdict on the criminal acts of extortion and threats in decision number 205/Pid.B/2021/PN.Pre and to determine the application of substantive law to the criminal acts of extortion and threats in decision number 205/Pid.B/2021/PN.Pre. This research employs a normative legal research approach. The research findings indicate that the basis for the judge's considerations in imposing a criminal verdict on the Defendant in decision number 205/Pid.B/2021/PN.Pre is in accordance with both juridical and non-juridical aspects. The panel of judges considered imposing criminal sanctions based on the indictment by the Public Prosecutor, which applied Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) regarding the criminal act of threats. Therefore, the author agrees that the imposition of criminal sanctions against the Defendant is appropriate and sufficiently deterrent to the perpetrator. The application of substantive criminal law by the judge against the perpetrator of the criminal act in Decision Number 205/Pid.B/2021/PN.Pre was accurate. The Public Prosecutor used a single charge, namely the first charge, which violated Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) concerning the criminal act of threats. Among the elements of the Article charged by the Public Prosecutor, it was proven beyond a reasonable doubt that the Defendant's actions fulfilled the elements of Article 335 Paragraph (1) Clause 1 of the Indonesian Criminal Code (KUHP) regarding the criminal act of threats.

Ketidakpastian Hukum dalam Perlindungan Pekerja di Era Digitalisasi dan Otomatisasi

2025-08-03T22:03:32+07:00

Global technological changes, including automation, digitalization, and the adoption of artificial intelligence, have created significant transformations in the labor market. The World Economic Forum (2020) reported that 85 million jobs may be displaced bymachines by 2025, while 97 million new roles will emerge, requiring different skill sets. In Indonesia, this transformation affects the legal protection of labor, particularly in aspects of employment relations, the right to decent work, and legal certainty for contract and outsourced workers. This study employs a normative juridical method with a statutory and literature-based approach to examine how the Indonesian labor law system responds to these challenges. The findings indicate that although Law No. 13 of 2003 and its amendment through Law No. 11 of 2020 (Omnibus Law on Job Creation) aim to address labor market dynamics, the existing legal framework has not fully accommodated protections for workers affected by automation and platform-based employment (gig workers), as seen in more proactive approaches in countries like Germany, Japan, and Canada. Therefore, a more inclusive and progressive regulatory approach is needed, including legal recognition of new forms of employment and universal social protection, to ensure that Indonesia's labor system can adapt effectively to global technological shifts.

The Legitimacy of Conjugal Visit Facilities: a Legal Analysis under National and International Law

2025-08-03T22:32:28+07:00

This study examines national and international legal frameworks concerning the provision of conjugal visit facilities (commonly referred to as “bilik asmara”) for inmates in Indonesia, which currently lacks explicit legal regulation. The core issue lies in a legal vacuum (rechtsvacuum) that results in uncertainty regarding the legality of such facilities and weak protection of prisoners’ fundamental rights, particularly the right to family life and sexual rights. The objective of this research is to analyze the legitimacy of conjugal visit facilities from the perspectives of both national and international law. This study adopts a normative legal research method, utilizing statutory and analytical approaches. The findings indicate that Indonesia’s national legal system provides implicit legitimacy for the provision of conjugal visits, as reflected in Article 28B(1) of the 1945 Constitution, Law No. 1 of 1974 on Marriage, Law No. 22 of 2022 on Corrections, and Law No. 39 of 1999 on Human Rights. These legal instruments affirm the state's responsibility to fulfill the sexual rights of inmates within the institution of marriage. Additionally, international legal legitimacy is implicitly found in Article 10(1) of the International Covenant on Civil and Political Rights (ICCPR), ratified by Law No. 12 of 2005, and Article 10 of the Universal Declaration of Human Rights, both of which guarantee humane treatment of prisoners. The provision of conjugal visit facilities constitutes a fulfillment of inmates’ constitutional rights and the state’s international obligations in protecting human rights. This study underscores the importance of harmonizing international norms with national legislation to realize a humane and just correctional system.

Skala Prioritas Kewenangan Peraturan Daerah Tentang Kerja Sama Daerah Pada Sektor Perikanan Di Kabupaten Bolaang Mongondow Selatan

2025-08-03T22:49:58+07:00

The fisheries sector represents a key potential in South Bolaang Mongondow Regency, but its utilization has not been optimal due to a lack of coordination and cooperation between regions. This study aims to examine the priority scale of authority in regional regulations related to regional cooperation and their impact on the fisheries sector. Using a qualitative approach through document analysis and interviews, the results indicate that priorities should include interregional cooperation, infrastructure development, fisherman capacity building, and ecosystem protection. Effective implementation requires a systematic approach through communication forums, outreach, institutional strengthening, monitoring, evaluation, and budget support.

Politik Hukum Pengujian Peraturan Perundang-undangan Secara Keseluruhan di Bawah Mahkamah Konstitusi

2025-08-03T23:42:22+07:00

The dualistic authority in judicial review between the Supreme Court and the Constitutional Court in Indonesia has engendered significant legal uncertainties, institutional conflicts, and inconsistencies in the enforcement of laws. While the Supreme Court is mandated to review regulations subordinate to laws, the Constitutional Court holds the authority to review laws against the 1945 Constitution. This bifurcation has led to fragmented legal interpretations and contradictory rulings, undermining the coherence and certainty of the national legal system. This study examines the urgency of consolidating the judicial review authority under the Constitutional Court to enhance legal certainty, uphold constitutional supremacy, and promote justice in Indonesia. Employing a normative juridical approach and comparative legal analysis, the research highlights the advantages of a unified judicial review mechanism as practiced in several constitutional democracies, including Germany and Malaysia. The findings suggest that centralizing judicial review within the Constitutional Court would streamline legal processes, reduce institutional conflicts, and strengthen the protection of constitutional rights. Nonetheless, the study also acknowledges the necessity for capacity building within the Constitutional Court to manage the increased judicial workload effectively. The integration of judicial review authority is thus posited as a critical reform to fortify Indonesia’s constitutional democracy and the rule of law.

The Urgency of Revoking the Voting Rights of Civil Servants to Ensure Neutrality in General and Regional Elections

2025-08-04T10:22:56+07:00

This study aims to examine the urgency of revoking the voting rights of civil servants (ASN) as a legal-political solution to address the persistent issue of neutrality violations in general and regional elections in Indonesia. The research employs a normative legal method using a statute approach, conceptual approach, and analytical approach. Legal sources such as the 1945 Constitution, Law No. 20 of 2023 on Civil Servants, and Constitutional Court Decision No. 22/PUU-XII/2014 are analyzed alongside theoretical perspectives, particularly John Rawls’s difference principle, to construct a solid argument for restricting voting rights under certain public service roles. The findings indicate that education, supervision, and law enforcement mechanisms have been largely ineffective in deterring neutrality violations by civil servants. The study argues that the existence of voting rights for ASN creates a conflict of interest that facilitates bureaucratic politicization and transactional politics, especially given that civil service careers are influenced by elected officials through the Civil Service Supervisory Officials (PPK) system. The study concludes that revoking voting rights for civil servants, similar to the policy applied to TNI and POLRI members, is constitutionally justified and effective in promoting impartiality. Legal reform is necessary to amend election laws, restructure PPK appointments, and strengthen merit based systems in civil service management.