Indonesian Journal of Law and Humanities

A Juridical Review of the Implementation of Conservatory Seizure of Marital Property in Divorce Cases

Mekarinta Sianturi, Miranda Ginting — Fri, 28 Feb 2025 00:00:00 +0700

In marriage, rights and obligations arise between husband and wife, and between parents and children, reciprocally regulated according to the applicable laws and regulations. Not every individual can obtain what they desire, and the same applies to marriage. Many reasons and obstacles can lead to the dissolution of a marriage, with divorce being one of the ways it can end (apart from death). The procedures for filing a divorce are regulated in Law No. 50 of 2009 concerning Religious Courts. The consequences of divorce can cause issues for the husband or wife, including iddah maintenance, the payment of past due maintenance, the division of jointly acquired property, and the custody of children who have not reached the age of discernment (Article 105 of the Compilation of Islamic Law). Parties in a divorce can apply for a sequestration guarantee as stipulated in Article 24 paragraph (2) of Government Regulation No. 9 of 1975 in conjunction with Article 78 Sub C of Law No. 50 of 2009. The purpose of the sequestration guarantee is to ensure the rights or delivery of items specified in the verdict, regardless of their existence. Therefore, to ensure the execution, plaintiffs typically request sequestration guarantees (conservatoir beslag) together with their lawsuit. To request a sequestration guarantee, there must be a reasonable suspicion. Based on the provisions of Article 24 paragraph (2) letter C of Government Regulation No. 9 of 1975, "during the divorce proceedings, at the request of the plaintiff or defendant, the court may determine necessary measures to ensure the preservation of items that are jointly owned by the husband and wife or items that belong to the husband or wife.

Conflict of Authority between Central and Regional Government in Natural Resource Management: A Study of State Administrative Court Decisions

Junaidi — Fri, 28 Feb 2025 00:00:00 +0700

This study discusses the Legal Analysis of Environmental Dispute Resolution through the Class Action Mechanism in Indonesia. Class action lawsuits offer an efficient litigation solution for communities affected by environmental damage or pollution, where one or more representatives act on behalf of a large group. This study uses a normative legal method by analyzing Supreme Court Regulation Number 1 of 2002 concerning Class Action Procedures and Law Number 32 of 2009 concerning Environmental Protection and Management, plus a limited empirical study of several environmental class action cases in Indonesia. The results of the analysis show that the legal basis has accommodated collective efforts to hold polluters accountable. However, practice in the field faces major challenges: minimal socialization, high litigation costs, the complexity of scientific evidence, and the varying knowledge of law enforcement officers about the concept of class action. Nevertheless, this mechanism has proven to be able to reduce duplication of cases, strengthen the bargaining position of the community, and encourage broader environmental recovery. Research recommendations include strengthening special regulations for environmental class actions, increasing the capacity of judges and advocates, providing financial assistance for pollution victims, and monitoring mechanisms for the execution of decisions. With these steps, class actions have the potential to become an effective instrument for enforcing ecological justice and protecting the right to a healthy environment in Indonesia.

The Effectiveness of Implementing Restorative Justice in Handling Child Crimes in Indonesia

Peggy Puspita — Fri, 28 Feb 2025 00:00:00 +0700

This study aims to analyze the effectiveness of the implementation of restorative justice in handling juvenile criminal acts in Indonesia. The restorative approach, which is regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System (UU SPPA), focuses on recovery and reconciliation, not solely on sentencing. Diversion is the main mechanism, in which law enforcement officers, child perpetrators, victims, and the community together formulated the best solution to restore the victim's losses and to foster children so that they do not repeat unlawful acts. Although normatively this concept has been accommodated, its implementation in the field still encounters various obstacles. The lack of understanding of law enforcement officers, the legal culture of the community that tends to demand strict sanctions, and limited supporting facilities such as psychological assistance institutions are the main obstacles. This study also found that cross-sector synergy and the availability of competent human resources play a key role in the success of the restorative approach. By combining normative legal methods and limited empirical reviews, the results of the study recommend increasing the capacity of law enforcement, public socialization, and adding supporting infrastructure. It is hoped that the restorative justice approach can reduce the rate of child recidivism and create a juvenile criminal justice system that is more just, humane, and oriented towards the best interests of children.

Legal Review of Consumer Protection in Digital Transactions: An Analysis of the Consumer Protection Law and the ITE Law

Zahwa Sapni Fatiah Siregar — Fri, 28 Feb 2025 00:00:00 +0700

This study analyzes consumer protection in digital transactions in Indonesia, focusing on Law Number 8 of 1999 concerning Consumer Protection (UUPK) and Law Number 11 of 2008 concerning Information and Electronic Transactions (and its amendments through Law Number 19 of 2016). The method used is normative juridical, supported by a limited empirical review through secondary data analysis from related agencies. The results of the study indicate that UUPK has provided a basis for protecting consumer rights, including the right to obtain correct information, security, and compensation mechanisms. On the other hand, the ITE Law regulates the validity of electronic transactions, the validity of electronic documents as evidence, and the obligation of electronic system organizers to maintain system security. The combination of these two laws should be able to effectively protect consumers in the digital realm. However, at the implementation level, there are still a number of obstacles. The low level of digital literacy of the community, limited understanding of information technology by law enforcement officers, and weak monitoring mechanisms are the main causes. In addition, not all e-commerce or fintech platforms have a strong commitment to maintaining data security and prosecuting unscrupulous sellers. This study recommends the need for regulatory harmonization, affirmation of digital platform responsibilities, increased consumer literacy, and strengthened coordination between institutions. Thus, consumer protection in digital transactions can be realized optimally, supporting healthy digital economic growth while ensuring justice for consumers.

A Legal Analysis of Child Protection against Domestic Violence

Shelly Astriani — Fri, 28 Feb 2025 00:00:00 +0700

This research highlights the importance of legal protection for children who are victims of domestic violence (KDRT) in Indonesia. Domestic violence not only impacts husband and wife couples, but can also have serious consequences for children's physical and psychological development. Children are often in a vulnerable position because they are still emotionally and financially dependent on the perpetrator, who is generally a parent or close family member. Within the national legal framework, children's rights are actually guaranteed by various statutory regulations, including the 1945 Constitution of the Republic of Indonesia, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. However, the implementation of these regulations in the field often encounters various challenges, such as minimal access to psychological assistance services, social stigma that makes victims reluctant to report, and a patriarchal culture that is still entrenched. The research method used is normative juridical, by tracing primary and secondary legal materials. The analysis was carried out descriptively-qualitatively to examine the effectiveness of various regulations governing the protection of children from domestic violence. The research results show that, although the legal framework is relatively comprehensive, efforts are still needed to strengthen cross-sector coordination between the government, law enforcement officials and child protection institutions. In addition, an approach that involves intensive outreach to the community is considered crucial for raising awareness that domestic violence is a criminal act that can have fatal consequences for children's growth and development. This research recommends that the government and other stakeholders not only focus on legal action, but also ensure that there are adequate prevention and rehabilitation mechanisms. In this way, the best interests of the child can truly be fulfilled, while preventing repeated cycles of violence in the future. It is hoped that the research results can become a reference for policy makers, practitioners and the wider community in creating a safe and conducive family environment for Indonesian children.

Legal Certainty in Collateral Seizure of Digital Shares from Public Companies

Swastati Gea, Mohd Fariz Lihara — Fri, 28 Feb 2025 00:00:00 +0700

This study aims to enable us to find out the provisions contained in the confiscation of guarantees on shares, and the execution mechanism based on applicable positive law in order to obtain legal certainty in the practice of implementing the confiscation of guarantees on shares. The method in this study is normative, with descriptive analytical research specifications. Data analysis was carried out using a qualitative normative method. The results of the study show that, first, the provisions that apply to the attempt to confiscate the shares are the provisions in Article 227 paragraph (1) of the HIR, so that the confiscation can be carried out as long as it fulfills the basic elements stipulated in the article. The object is vague and sees the developing trend in the judiciary that courts will generally reject applications for confiscation of shares if the confiscation request does not clearly state their identity. The confiscation of digital stock guarantees is only hampered by the confiscation of go public shares, because the shares are on the Stock Exchange. If it is related to the issue of the confiscation of shares in Book II of the Administrative and Technical Guidelines for General Civil Courts Number 11, basically it is legal to confiscate the shares but in practice it is known that it will be difficult to carry out, because it is necessary to register them with the Ministry of Law and Human Rights because there is no series on the shares. Therefore, the confiscation is not effective because there are difficulties in identifying the shares on the Stock Exchange. So that in achieving legal certainty, it is necessary to have a national procedural law product in the form of a law (wet) that can accommodate all legal dynamics in Indonesia. Then, in the future, with the creation of products of civil procedural law in the future, there will be the creation of legislation products in the legal certainty of the practice of implementing collateral confiscation on shares in the context of resolving existing disputes.