Jurnal Litigasi Amsir

Efektivitas Fungsi DPRD dalam Mengawasi Pengelolaan APBD Kabupaten Gorontalo

2025-10-03T13:02:07+07:00

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

2025-10-13T11:53:49+07:00

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

2025-10-18T14:25:57+07:00

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

2025-10-20T12:56:52+07:00

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

2025-10-20T13:09:41+07:00

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.