DiH: Jurnal Ilmu Hukum
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An Analysis of the Deli Serdang MUI's Opinion on the Support of a Husband of a Singer Who Dresses as a Woman
Full text linkThis research aims to find out the facts and reasons/factors for providing support by husbands who work as singers who resemble women. Also to find out the Deli Serdang MUI's view of the legal status of alimony provided by husbands who work as singers in Patumbak District. In the context of income for family support, a Muslim needs to choose a job or business that does not conflict with religious principles. However, some husbands choose to do work that is involved in things that Allah hates. For one reason of economic livelihood, some men choose to imitate the appearance of women in the world of entertainment because they believe this will increase their appeal to audiences, especially in entertainment genres that emphasize visual appearance. Thus, it is important to know the legal status of the income generated from this work. The method used is empirical legal research with a qualitative approach. The primary data source is from an in-depth interview (Deep Interview) with the Indonesian Ulema Council (MUI Deli Serdang Regency) and her husband who works as a singer dressed as a woman to earn a living in Patumbak sub-district, Deli Serdang district. Research findings show that the factors that cause husbands to choose to work as singers who dress like women are economic reasons and the lack of work with sufficient salary to meet the family's needs. Legal Status: The livelihood provided by the process of obtaining it violates the law, so the results are haram. His work is haram and the results are haram, so the legal status of the income he provides to his family is haram, just like we give shopping to our parents' children and wives in an unlawful way
The Concept of Reconstruction of Cohabitation Regulations in the National Criminal Code Based on the Principle of Legal Certainty
No full textProvisions regarding living together as husband and wife outside of marriage, known as cohabitation, were introduced in Law Number 1 of 2023 concerning the Criminal Code (National Criminal Code). However, the regulation has many problems, including philosophical, sociological and juridical problems, as well as inappropriate norms, not reflecting justice and ignoring religious and customary norms. This research aims to analyze and find a reconstruction of the formulation of cohabitation norms in the National Criminal Code based on principle of legal certainty. The formulation of the problem proposed is How to reconstruct the formulation of cohabitation norms in the National Criminal Code, based on the principle of legal certainty. The research method uses normative legal research, namely a process of finding legal rules, legal principles and legal doctrines to answer the legal issues faced. The approaches used are the statutory approach, the comparative approach and the conceptual approach. Sources of legal materials are primary legal materials, secondary legal materials and tertiary legal materials. The results obtained from this research, Article 412 of the National Criminal Code needs to be reconstructed regarding cohabitation norms, namely living together not as husband and wife because it is not based on a legal marriage, the cohabitation offense is also not a complaint offense but is an ordinary offense, and because cohabitation behavior is not in accordance with The spirit of Pancasila is contrary to religious customs and norms, so we must receive heavier sanctions so that between criminal penalties and fines are accumulative punishments
Live Telecast of Judicial Proceedings as Means to Access to Justice in Nigeria: A Comparative Study
No full textAny country's development, particularly that of its legal system, depends on having access to an open system of justice. The Nigerian justice system has been called weak, corrupt, and unreliable, which has made the public's mistrust of the court system worse. Thus, this paper interrogated the adoption of modern technology through live telecast of judicial proceedings as a means to access justice and restore the integrity of the Nigerian judiciary. It drew lessons from the UK, USA, South Africa, and India. The study used a doctrinal approach to legal research and a qualitative research methodology. The study found that the live telecast of court proceedings is constitutional when sections 36(3) and (4) are interpreted using a purposeful approach. Accordingly, the study came to the conclusion that live telecasts of court cases in Nigeria are possible. However, a few potential obstacles to its functioning in Nigeria include inadequate internet and power supplies, non-implementation of financial autonomy for the judiciary, absence of a specialized legal framework, and insufficient technological know-how of judicial personnel. The study made several recommendations, including giving the judiciary financial autonomy, passing particular legislation, enhancing internet and energy access, and providing judicial staff with ICT training
Legal Protection for Trademark Applicatints in Good Faith in Retroactive issuance of Certificate Based On Supreme Court Decision
No full textThe process by which a trademark certificate issued by the Directorate General of Intellectual Property is retroactively valid from the date the trademark registration application is submitted, not from the date the certificate is officially issued . brand which was resolved through criminal channels in Court Nganjuk State with the Defendant Rudy Mulyanto who can analyzed more far is a dispute between Trademarks resolved through criminal channels which then in the Cassation Decision at the Supreme Court Number 3733 K / Pid.Sus / 2020 Rudy Mulyanto was declared not legally and convincingly proven guilty of committing a crime as in the First or Second indictment. The research method used is normative juridical library materials or secondary data as basic material for research by conducting a search for regulations and literature related to the problem being studied. The results of this study are that legal protection for trademark certificates issued by the Directorate General of Intellectual Property of the Ministry of Law and Human Rights of the Republic of Indonesia is retroactive from the date of submission of the application, not from when the certificate was issued. In the Decision of this trademark dispute case, there was negligence in providing legal protection to the applicant or trademark registrant, the author does not agree with the decision of the panel of judges at the first level and the high court level and concludes that trademark disputes should be resolved first through civil channels, while criminal channels are used as a last resort in resolving trademark disputes
Integrating Customary Criminal Sanctions in The Resolution of Domestic Violence in Maluku
Full text linkThis study aims to examine the existence of customary criminal sanctions in resolving domestic violence (DV) cases in Maluku, particularly in the West Seram Regency. The research employs an empirical approach with a socio-legal model, combining the analysis of primary field data with a review of relevant legal literature. The high prevalence of domestic violence in Maluku, which continues to rise annually, raises significant concerns within society. This phenomenon not only affects victims physically and psychologically but also exacerbates social stigma against women and children who experience violence. Patriarchal culture in Indonesia reinforces gender inequality, where men are often viewed as dominant, normalizing violence against women in some instances. Additionally, victims' economic dependence on perpetrators further aggravates their situations. In Maluku, customary law plays a crucial role in community life, including in addressing domestic conflicts. However, the dominance of national criminal law, introduced during the colonial era, has marginalized the role of customary law. Despite this, in certain areas, such as West Seram Regency, customary criminal sanctions continue to be utilized for resolving domestic violence cases. The findings reveal that some customary communities in Maluku still practice traditional mechanisms to resolve DV cases. These mechanisms involve imposing customary sanctions, such as property compensation or community labor, aimed at restoring social and cosmic balance. While these practices are widely accepted within customary communities, they have limitations in addressing justice and trauma recovery for victims. The approach often emphasizes material resolutions without adequately addressing the psychological and social rehabilitation of victims
Limitations on the Authority of the Constitutional Court as a Positive Legislator
No full textThe authority of the Constitutional Court in Indonesia’s constitutional system has shifted from merely being a negative legislator to a tendency toward becoming a positive legislator. This phenomenon is reflected in various decisions that not only invalidate norms that contradict the Constitution but also establish new legal norms. This study aims to examine the urgency of limiting the Constitutional Court’s authority in acting as a positive legislator and to formulate a limitation model that prevents the Court from exceeding legislative boundaries. This research uses a normative legal method with statutory, case, and conceptual approaches and is analyzed prescriptively and critically based on primary and secondary legal materials. The findings show that the Constitutional Court’s expansive role as a positive legislator has the potential to lead to judicial supremacy and juristocracy, which are inconsistent with the principle of separation of powers. Therefore, limiting the Constitutional Court’s authority is necessary to maintain the constitutional balance among branches of state power. This study proposes the use of Mahfud MD’s “Ten Limiting Guidelines” as a normative framework, complemented by two original models: the Constitutionally Bounded Interpretation Protocol, which emphasizes that judicial interpretation must remain confined to the text, structure, and principles of the Constitution; and the Institutional Dialogue Model, which encourages legislative involvement in the follow-up to Constitutional Court decisions. These models aim to ensure that the Constitutional Court remains within its constitutional role as guardian of the Constitution, without encroaching upon the legislative domai
Intersecting Liabilities: A Critical Analysis of Criminal Accomplice Provisions in Employment Law Violations
No full textViolations of the Regency/Municipal Minimum Wage (UMK) in Indonesia not only undermine workers’ fundamental rights but also expose structural deficiencies in the enforcement of labor criminal law. Previous studies have predominantly framed minimum wage violations as individual misconduct, thereby neglecting the systemic and collective dimensions of corporate decision-making. This article addresses that gap by critically examining the application of participation doctrines under Articles 55 and 56 of the Indonesian Penal Code (KUHP) and their relevance for attributing liability to actors across organizational hierarchies. Employing a normative juridical method with statutory and conceptual approaches, this study integrates doctrinal analysis, judicial interpretation, and comparative insights from global practices on corporate and collective criminal liability. The findings reveal that wage violations often result from deliberate policies formulated at managerial or corporate levels, thus requiring recognition of functional perpetration and structural participation. Furthermore, this article argues that the doctrine of abuse of circumstances (misbruik van omstandigheden) should be considered to exempt coerced or vulnerable actors from liability, thereby preventing the criminalization of structural victims. By advancing a critical interpretation of participation in labor-related crimes, this study contributes both to the theoretical development of collective liability in Indonesian criminal law and to practical reform strategies that strengthen the protection of workers’ constitutional rights
The Legal Analysis Of The Nomination Of Former Convicts Corruptions In Convinient Elections In 2020
No full textThis research departs from the 2020 Boven Digoel Regional Head Election, where the regional head had committed criminal acts of corruption while serving as regional head for two periods, namely 2005-2010 and 2010-2013. Furthermore, when he was running again as regional head in 2020, he was a former convict. This corruption was disqualified by the constitutional court after he was re-elected as regional head because he did not meet the requirements of Per.PKPU No.1/2020. This research focuses on Per.PKPU No.1/2020. The type of research carried out by researchers uses normative legal research with conceptual, case and statutory approaches. The results of the research confirm that based on Per.PKPU No.1/2020 there is an exception which means that former corruption convicts can run for office after a five year gap period after being released from serving a criminal period in prison and former corruption convicts in Boven Digoel have fulfilled this exception. Based on the principles of popular sovereignty and democracy as regulated in Article 28C (2) UUD NRI 1945, the second amendment, former corruption convicts can participate in the state by nominating themselves as regional heads. This is reaffirmed in Article 1 (2) UUD NRI 1945. Based on Article 43 Law No.39/1999, former corruption convicts have the right to become regional leaders by nominating themselves as regional heads. Based on Article 28 (2) UUD NRI 1945, to fulfill justice, former corruption convicts are given the opportunity to become regional heads by fulfilling their human rights, such as the right to nominate themselves after a five-year hiatus from being a corruption convict
Reframing Prosecutorial Legitimacy: Embracing Restorative Justice in Criminal Case Discontinuation
Full text linkThis research aims to find out and understand the scope of the Prosecutor's office, especially in the field of prosecution in the criminal justice system, as explained in this journal, namely regarding regulations related to the authority of the Prosecutor in implementing the termination of prosecution for criminal cases based on the principle of restorative justice and regarding obstacles to the implementation of restorative principles. justice at the prosecution stage. This research was carried out using a statutory regulatory approach and a conceptual approach using library data, namely normative juridical, which was carried out by examining library materials or secondary materials that were collected and analyzed qualitatively. The authority of the Prosecutor's Office in implementing the Termination of Prosecution is strictly regulated in the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution based on Restorative justice and is supplemented by the Circular Letter of the Deputy Attorney General for General Crimes Number 01/E/EJP/02/2022 dated 10 February 2022 and in its implementation Restorative justice is considered capable of being a solution in resolving cases quickly with the main principle of prioritizing participation between victims, perpetrators and the community as well as restoration of a situation. Furthermore, in implementing the termination of prosecution of a case, it is not impossible that there are obstacles that must be faced by the Prosecutor as Public Prosecutor, especially in reconciling the interests of the victim and the perpetrator in achieving peace
Geographical Indications and Legal Protections for Indonesian Livestock Products: A Critical Analysis of Policy and Enforcement
Full text linkAs an agricultural country, Indonesia has considerable potential for livestock products such as meat, eggs, milk, and processed products. Indonesia's biodiversity and vast territory produce livestock products with distinctive characteristics and uniqueness that differ from similar products made in different regions. To protect against counterfeiting of the origin of livestock products, these products are given markers known as Geographical Indications. This study aims to determine the criteria for livestock products to be registered for Geographical Indications and the benefits of protection of these Geographical Indications. The research method used is normative legal research, which analyzes laws, regulations, and other data to answer this research problem. Livestock products registered for Geographical Indications must be proven to have specific characteristics because of the conditions where the livestock products are produced. Climate, latitude, rainfall, and other factors can affect livestock products. The correlation between regional factors and livestock products brings products with specific characteristics that are different from similar products. Livestock products registered with Geographical Indications benefit consumers by avoiding livestock products not produced from the Geographical Indication area. For producers of livestock products, Geographical Indications are a promotional tool that can increase sales of their products. In addition, Geographical Indications help preserve the environment of the area where livestock products are produced so that the products do not change in quality or characteristics