JIL : Journal of Indonesian Law

REKAYASA KONSTITUSIONAL ATAS POLITIK HUKUM PEMILU DI INDONESIA PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 135/PUU-XXII/2024

2025-12-12T15:56:28+00:00

This study is motivated by the dynamic relationship between the role of the Constitutional Court and the consolidation of democracy in Indonesia, particularly in the context of elections, which often become an arena for tension between political interests and constitutional principles. The main objective of this study is to analyze the extent to which the Constitutional Court's decisions contribute to strengthening the democratic system or, conversely, open the door to practices that have the potential to undermine the quality of democracy. Using a systematic literature review approach, this study critically examines academic literature and previous research findings that discuss the function, role, and implications of Constitutional Court decisions within the framework of democracy and the rule of law theories. The main findings show that the Constitutional Court has played an important role in maintaining the integrity of the electoral process, expanding access to constitutional justice, and correcting policies that potentially violate citizens' political rights. However, there are also indications that some of the decisions are ambiguous and open to debate regarding the independence of the judiciary and the relationship between law and politics. The contribution of this research lies in providing a comprehensive mapping of the Constitutional Court's position as a key actor in Indonesian democracy, while also offering a critical reflection on the institutional challenges it faces. The implications of this study underscore the importance of strengthening institutional capacity, transparency of decisions, and the need for a follow-up research agenda that examines the long-term impact of the Constitutional Court's role on the quality of democracy and governance in Indonesia.

REVENGE PORN AND THE CHALLENGES OF VICTIM RECOVERY: A CASE STUDY OF REVENGE PORN VICTIMS IN INDONESIA

2025-12-12T16:03:50+00:00

This article analyzes legal protection and victim recovery challenges regarding revenge porn abuse involving male victims in same sex relationship in Indonesia. The research uses an empirical legal method with a case study approach through semi-structured interviews with the victim (initials E) who experienced threats of intimate video distribution for eight months. The study focuses on adequacy of the national legal framework, particularly the TPKS Law, ITE Law, and Pornography Law in dealing with image-based sexual abuse. The results of the study show that although there are provisions that can be used, there are no specific regulations governing revenge porn, resulting in ambiguity in law enforcement, a lack of victim centered recovery mechanisms, and a tendency to resolve cases through mediation. As a result, a number of victim rights, such as a sense of security, content removal, restitution, and rehabilitation, have not been fully fulfilled. This study emphasizes the urgency of strengthening legal norms, implementing trauma-based procedures, and explicitly recognizing revenge porn as an act of digital sexual violence.

EFEKTIVITAS PENCEGAHAN KORUPSI DI INDONESIA PERSPEKTIF SISTEM HUKUM LAWRENCE M FRIEDMAN

2025-12-12T16:00:47+00:00

This study aims to analyze the effectiveness of corruption prevention in Indonesia from the perspective of the Lawrence M. Friedman legal system, with a focus on strengthening the legal culture through early anti-corruption education and the role of students. The problem of the research departs from the fact that even though Indonesia has various anti-corruption regulations and institutions, corrupt practices still occur, which shows the ineffectiveness of the legal system in carrying out preventive functions. This indicates that the elements of the legal system have not worked in a balanced manner, especially in the aspect of legal culture. This research uses a normative juridical method with a qualitative descriptive approach, through literature studies of laws and regulations, legal literature, reports of anti-corruption institutions, and supporting data such as anti-corruption perception and behavior indexes. The results of the study show that the structure and substance of the law in corruption prevention in Indonesia are relatively available, but not supported by a strong legal culture. The weak internalization of integrity values and legal awareness of the community is the main factor in the low effectiveness of corruption prevention. Therefore, anti-corruption education from an early age and the active role of students as agents of change are important strategies in strengthening the legal culture and encouraging sustainable corruption prevention.

THE PRINCIPLES OF DISTINCTION AND PROPORTIONALITY REGARDING ATTACK ON THE INDONESIAN HOSPITAL IN GAZA BY ISRAEL DEFENSE FORCE (IDF)

2025-12-12T15:58:52+00:00

This study analyzes the Israel Defense Force (IDF) attack on the Indonesian Hospital in Gaza in November 2023 through the application principles of distinction and proportionality in International Humanitarian Law (IHL). The method used is normative legal research with legislative, conceptual, and case-based approach based on the 1949 Geneva Convention, the 1977 Additional Protocol I, and the 1998 Rome Statute. The results of the study show that there is no independent evidence verify claims of IDF that hospital was used Hamas for military purposes. The attack resulted damage to medical facilities, civilian casualties, and disruption of health services, which had widespread impact on the people of Gaza. The analysis shows that action of IDF did not comply with the principle of distinction because hospitals remain protected civilian objects, and violated the principle of proportionality because the civilian casualties caused far exceeded presumed military advantage. Thus, these attacks could potentially be classified as serious violations of IHL and constitute war crimes.

PENERAPAN KAIDAH FIQHIYYAH DALAM PUTUSAN DISPENSASI NIKAH DI PENGADILAN AGAMA TEMANGGUNG TAHUN 2023 PERSPEKTIF RESPONSIVE LAW THEORY

2025-12-12T16:04:53+00:00

This study aims to examine the application of fiqh principles in marriage dispensation decisions at the Temanggung Religious Court in 2023 from the perspective of responsive theory. This study uses a qualitative method with a normative juridical approach, with primary data in the form of marriage dispensation decisions by the Temanggung Religious Court in 2023. Data were collected through literature study, documentation, and interviews with judges, then analyzed through data reduction, data presentation, and conclusion drawing. The results of the study show that of the 291 marriage dispensation cases, there were 111 decisions that were granted with the dominance of three fiqhiyyah rules, namely dar'ul mafasid muqaddam 'ala jalb al-mashalih (8 decisions), idzā ta‘āraḍa ḍararāni fuḍḍila akhaffuhā (103 decisions), and taṣarrufu al-imāmi ‘alā ar-ra‘iyyati manūṭun bil-maṣlaḥah (4 rulings). These findings show that in the perspective of Responsive Law Theory, judges do not only adhere to normative provisions, but also comprehensively consider social, psychological, and readiness aspects of the prospective bride and groom. Thus, the application of fiqhiyyah rules in marriage dispensation rulings reflects the adaptive, contextual, and responsive nature of Islamic law to the realities of society.