Jurnal Hukum Magnum Opus

The Intersection of Dayak Tarangk Customary Divorce Practices and Canon Law

Yohanes Dandi — 2024-12-11

This research is motivated by the phenomenon of divorce which often occurs to overcome problems in family life. This study was conducted to analyze Tarangk Customary Law regarding divorce and elaborated from the perspective of Catholic Church teachings. The existence of laws regarding divorce in Tarangk Customary Law becomes a problem when compared with Church Law. The aim of this research is to find out the pastoral steps taken by the Catholic Church in dealing with problems that occur, especially regarding domestic problems that lead to divorce. The author uses a qualitative descriptive research method to describe the Tarangk Customary Law regarding divorce and the Church's teachings regarding marriage as well as finding a solution. The main source used in this study is the Book of Canon Law, while supporting sources are several relevant scientific articles and books. The author found that the Catholic Church took pastoral steps by 1) holding Marriage Preparation Courses (MPC), 2) providing catechesis on Catholic marriage, 3) providing sexuality education, 4) involving community leaders and catechists to proclaim the Church's teachings on marriage, 5) renewing marriage vows, 6) and making an agreement to give equal respect to Church law and customary law. These pastoral steps, especially in addressing the Tarangk Customary Law regarding divorce, can be used by Churches that have such pastoral challenges.

The Role of International Institutions in Law Enforcement and Human Rights in the Palestinian-Israeli Conflict

Angelina Putri — 2024-12-11

The Palestine-Israel conflict is one of the longest and most complex conflicts in modern history, which has resulted in various human rights violations (HAM), such as the killing of civilians, and the destruction of vital infrastructure. This study aims to analyze the role of international institutions in enforcing law and human rights during this conflict, focusing on bodies such as the United Nations (UN), the International Court of Justice (ICJ), and the International Criminal Court (ICC). This study uses a normative legal method with a descriptive-analytical approach, reviewing related legal literature and documents to evaluate international law enforcement efforts by these institutions. The results of the study show that although international institutions play an important role in promoting peace and legal accountability, their effectiveness is hampered by political interests, especially the veto power held by permanent members of the UN Security Council, such as the United States which often supports Israel. In addition, the ICC does not have full jurisdiction over Israel because Israel is not a party to the Rome Statute, so that law enforcement against violations in the Palestinian territories is less than optimal. This study offers novelty by emphasizing the need for reform of international law enforcement mechanisms, especially limiting the use of vetoes and empowering international institutions to address violations of humanitarian law. This study makes an important contribution to the discourse on international law enforcement, by proposing reforms aimed at improving the effectiveness of international institutions in ensuring accountability and justice in conflict zones.

Legal Perspectives on Small-Scale Infrastructure Development Through Public-Private Partnerships: A Development Law Analysis

Kurdi Kurdi — 2024-12-11

This study aims to analyze the implementation of infrastructure development in Indonesia using the Public-Private Partnership (PPP) scheme from the perspective of development law as proposed by Prof. Dr. Mochtar Kusumaatmadja. Infrastructure development is crucial for achieving national development goals and improving public welfare, yet it often faces challenges such as bureaucracy and funding. The PPP scheme offers a solution by integrating the public and private sectors, as well as sharing risks to enhance the effectiveness and efficiency of infrastructure projects. This research employs a normative juridical method to examine regulations related to PPP, specifically Presidential Regulation Number 38 of 2015, and a conceptual approach to understanding the development law theory proposed by Kusumaatmadja. This theory emphasizes the role of law as a tool for reform and social development, with two main dimensions: order and regulation, and effective governance. The study finds that the PPP scheme aligns with the principles of development law theory, focusing on sustainable development, orderliness, and adherence to international practices. Additionally, the PPP scheme demonstrates a close relationship with national legal development, supporting the implementation of infrastructure projects. These findings are expected to provide insights for the more effective development and application of PPP in the context of development law in Indonesia

Analysis of the Indonesian Criminal Code's Respect for Animals

Fuadi Isnawan — 2024-12-16

his research delves into the intricate legal framework governing animal protection within the Indonesian Criminal Code, offering a thorough analysis of existing provisions aimed at ensuring animal welfare. Indonesia's commitment to humane treatment and ethical considerations in its legal system is underscored by several articles directly or indirectly addressing the welfare of animals. Employing a normative juridical approach, this study systematically examines the statutory provisions pertaining to animal welfare within the Indonesian Criminal Code. The findings illuminate the Indonesian Criminal Code as a robust legal framework that prioritizes respect, dignity, and compassion for animals. Article 302 serves as the cornerstone by establishing fundamental standards for humane treatment, reflecting intrinsic moral values deeply embedded within Indonesian societal norms. Complementing this, Article 409 addresses actions that incite animal aggression, thereby safeguarding both the physical and psychological well-being of animals. Article 540 further strengthens these protections by ensuring animals are shielded from excessive workloads and inhumane transportation practices, thereby addressing their rights and welfare comprehensively. Moreover, Article 541 specifically focuses on horses, mandating that they are not subjected to overwork and are treated with due consideration for their natural development and capabilities. Additionally, Article 544 regulates contentious activities such as cockfighting, aiming to maintain public order while upholding humane standards and preventing unnecessary suffering among animals. These provisions collectively demonstrate Indonesia's holistic approach to animal welfare, balancing societal needs with ethical imperatives.

Ethics Under Scrutiny: How Regional Notary Supervisory Assemblies Curb Professional Misconduct?

Carolina Gracia Dewisari — 2024-12-16

In Indonesia, the role of the Notary Supervisory Board has a very important function in carrying out the Notary profession in carrying out its authority when violations occur or when Notaries experience problems that must be proven. The research aims to analyse the role of the Regional Notary Supervisory Council in carrying out supervision in preventing violations of the Code of Ethics by Notaries in Denpasar City and to analyse the sanctions given to Notaries who violate the Code of Ethics in Denpasar City. This research is empirical research conducted in Denpasar City because the number of notaries in this city is the highest. Data was obtained through interviews, documentation and literature study, which was then analysed descriptively qualitatively. The research results show that the Regional Supervisory Council has an important role in supervising notaries, namely checking notary protocols periodically every quarter and year, providing new notaries, as well as coordinating with the Regional Supervisory Council, and also responding to public reports with detailed verification and inspection. The Regional Supervisory Council proactively provides guidance to notaries through various programs, such as outreach regarding developments in laws and regulations, as well as monitoring the implementation of administrative obligations by notaries. The role of the Regional Supervisory Council is not only reactive in taking action against violations but also proactive in preventing violations through continuous guidance.

Criminalizing Unauthorized Motor Vehicle Debt Transfers in Fiduciary Agreements

Nabila Tasya Hermawan — 2024-12-27

The fiduciary system in Indonesia is a legal mechanism to protect the rights of creditors over objects that remain in the debtor's control. The basic principle of fiduciary transfer is trust, where the debtor gives ownership rights to an object, for example, a motor vehicle, to the creditor as collateral for debt repayment. Problems arise when debtors transfer debt obligations involving motor vehicles without the approval of fiduciary creditors. Criminalizing the transfer of debt without fiduciary approval provides legal protection for creditors, increases legal certainty in civil transactions, and prevents fraud or evasion of debt obligations. Criminalization applies criminal penalties for certain actions that are detrimental to others or society. This research aims to examine the causes and rationale behind the criminalization of transferring fiduciary collateral without the fiduciary holder's consent. The methodology used is a normative juridical approach, which focuses on the analysis of the legal regulations that apply in Indonesia. The research results show that transferring motor vehicle debt without written approval from the fiduciary creditor is an act punishable by crime. This research also recommends strengthening fiduciary regulations by providing stricter administrative or civil sanctions for debtors who commit violations. It is hoped that applying criminal sanctions in the context of criminalization can be an effective preventive measure to protect creditors' rights and prevent violations of fiduciary agreements, thereby providing better legal certainty in the fiduciary system in Indonesia.

Legal Framework and Practical Effectiveness of Prenuptial Agreements in Indonesian Marriages

Raden Roro Salma Almira Khairun Nisa — 2024-12-30

In the context of marriage in Indonesia, the term "Prenuptial Agreement" is recognized as an important legal instrument that regulates the rights and obligations between husband and wife before a marriage takes place. This instrument is designed to protect the individual economic interests of each spouse by specifically arranging both premarital assets and assets acquired during the marriage. This study aims to analyze the legal framework regarding prenuptial agreements in Indonesia and its role in post-marital life, particularly concerning asset division, dispute resolution, and protection of the economic rights of spouses. It also assesses the extent to which the current legal framework is adequate in addressing increasingly complex social and economic changes, and how the implementation of prenuptial agreements is applied in Indonesia. This study examines the relevant legal provisions through a normative juridical research method. The findings show that prenuptial agreements have legitimate legal force and are recognized by the state. These agreements provide legal security for couples in terms of asset distribution and financial obligations and can minimize potential disputes in the future. Additionally, prenuptial agreements serve as a preventive instrument that protects each party's financial interests. Substantively, the effectiveness of prenuptial agreements is influenced by clear and fair provisions concerning the rights and obligations of the spouses. Structurally, the agreement must be drafted and executed in compliance with applicable legal requirements. With a well-structured prenuptial agreement, couples can obtain optimal legal protection, thereby minimizing the potential for conflicts regarding economic rights within marriage.

Implementation of Muhammadiyah Tarjih Decisions on Fajr Time: A Study of Mosques in Medan

Muhammad Roni Pratama — 2024-12-30

The determination of the time of dawn is highly dependent on the position of the sun. The government, through the Ministry of Religious Affairs, has long used a sun depression angle of -20° as a marker of the beginning of dawn. However, the latest decision of the XXXI Tarjih National Conference revised this criterion to -18°. This change directly leads to a shift in the calculation of the time of Fajr, becoming backward in time by 8 minutes. This study was conducted to analyze more deeply the implications of the change in the criteria for determining the time of dawn, which resulted from the national deliberation of Islamic religious experts. Internal and external factors of the implementation of the Muhammadiyah Tarjih decision on the criteria for the beginning of Fajr time in the Muhammadiyah mosque in Medan City. In this case, it is necessary to conduct research that uses clear data analysis, and descriptive-analytical methods to provide answers to existing problems and find conclusions, namely the research conducted produces and that the efforts of the Tarjih and Tajdid Council of Muhammadiyah Medan City to try to implement and socialize to the congregation, Muhammadiyah sympathizers and the surrounding community regarding the Tarjih Decision on the beginning of dawn time have accurate data and can be accounted for.

Ensuring Constitutional Rights: Legal Protection for Outsourced Workers at PT. MBS (Mie Gacoan)

Hendra Saputra — 2025-01-23

Workers who carry out work in outsourcing companies should not lose their rights, which are protected by the Constitution. Such guarantees and protection cannot be implemented properly only through binding work agreements between companies and workers because workers are in a weak bargaining position as a result of the large number of job seekers or oversupply of labor. The implementation of the outsourcing system is considered to be widely practiced in order to reduce the cost of workers' wages with minimal protection for workers. Moreover, Law No.11/2020 further legalizes the existence of outsourcing and the types of work that are not restricted. Further provisions governing outsourcing are stipulated in Government Regulation No. 35/2021, which stipulates that the working relationship between outsourcing companies and the workers/laborers employed is based on PKWT or PKWTT. The practice of outsourcing is not in accordance with the prevailing laws and regulations, for example at PT MBS (Mie Gacoan) in relation to the protection of wages, welfare, labor social security, occupational safety and health protection, which is not fulfilled by the employer, so that it is very contrary to the law and the responsibility of the state to be able to guarantee that workers obtain their rights. From the results of the research, it was found that after the enactment of the Job Creation Law and Government Regulation Number 35 of 2021, Article 64 and Article 65 of the Manpower Law were abolished and the regulation on the provision of worker/labor services in Article 66 was changed to a regulation on the working relationship between outsourcing companies and the workers/laborers they employ. The provisions in Law No. 11 of 2020 on Job Creation allow for no time limit for outsourced workers, so that workers can be outsourced indefinitely and even for life, such as the sociological facts of outsourced workers at PT MBS (Mie Gacoan) related to protection regarding wages, welfare, labor social security, occupational safety and health protection are not fulfilled by the employer so that it is very contrary to the law and the responsibility of the state to be able to guarantee that workers obtain their basic rights in accordance with the provisions in Article 27 paragraph (2) of the 1945 Constitution and Article 28 D paragraph (2) of the 1945 Constitution.

The Role of the Prosecutor's Office in Enforcing Anti-Corruption Laws within Local Governments: A Socio-Legal Perspective

Cahyo Purnomo — 2025-01-23

This study aims to analyze the role of the Prosecutor’s Office in enforcing anti-corruption laws within local governments from a socio-legal perspective. The research adopts a normative juridical method using a statutory and conceptual approach. Corruption is classified as an extraordinary crime that must be eradicated within society. In Indonesia, corruption cases are predominantly committed by local government officials. The enforcement of anti-corruption laws in Indonesia is primarily dominated by the Prosecutor’s Office. In this context, a socio-legal perspective is required to support the enforcement of anti-corruption laws. Law enforcement actions against corruption at the local government level constitute social actions that inherently involve socio-legal aspects, as they produce both positive and counterproductive social impacts. The role of the Prosecutor’s Office in enforcing anti-corruption laws within local governments must account for these social impacts. The findings of this study reveal that law enforcement against corruption generates diverse social outcomes. The positive impacts include increased support from the public, NGOs, and local governments for the law enforcement process. Such support typically arises when law enforcement actions are carried out transparently and in accordance with procedural norms. Conversely, counterproductive impacts include disruptions to local development programs, particularly when human resources in local governments become preoccupied or hindered by legal proceedings. Government officials often hesitate to assume strategic financial positions due to fear of legal repercussions, leading to stagnation in the execution of critical tasks, especially those involving state financial management.

Evidence Against Female Victims of Adult Sexual Violence

Hanin Alya' Labibah — 2025-01-23

In the Criminal Procedure Law, in proving a case, one of the conditions must have a minimum of 2 (two) witnesses, this becomes a problem when this condition is combined with the crime of sexual violence, based on most of the facts that occur in the field, sexual violence experienced by the victim is not necessarily known by others. The purpose of this study is to find out and analyze the crime of witness sexual violence as one of the important aspects of procedural law, as well as to find out the position of electronic evidence in the crime of sexual violence. This type of research is normative legal research with a conceptual approach and a legislative approach. From this study, it can be concluded that in the case of a problem where the crime is difficult to find witnesses, because it happened in a closed place, then 2 witnesses cannot be used as the main evidence for the defendant to be declared guilty because basically, the various pieces of evidence mentioned in Article 184 of the Criminal Code have equal status so that the judge can choose which 2 pieces of valid evidence can give confidence to the judge to determine a person guilty or not. Furthermore, electronic evidence can be used as valid evidence in the crime of adult sexual violence as stipulated in Article 5 paragraph (1) of the ITE Law, the position of electronic evidence as an extension of valid evidence in the Criminal Code.