Widya Gama Law Review

Analysis of the Central Jakarta District Court Decision Regarding Permits for Registration of Interfaith Marriages (Study of Decision Number 155/Pdt.P/2023/PN.Jkt.Pst)

Maria Apriani Hoar Klau — 2024-08-19

Marriage is a legal bond between a man and a woman to form a happy and complementary household, as
stated in the Law. According to Law Number 16 of 2019, marriage must comply with the religious laws of both
parties involved. Despite various religions, interfaith marriages are common. In a case at the Central Jakarta
District Court, an interfaith marriage between Joshua Evan Anthony (Christian) and Stefany Wulandari (Islam)
was approved. The judge's decision was based on laws related to population administration and human rights,
allowing the couple to register their marriage. The study concludes that there is a legal gap regarding interfaith
marriages in the current Marriage Law, urging lawmakers to address this issue. It is recommended that judges
handling similar cases have a solid legal basis for their decisions. Revising Law Number 1 of 1974 concerning
Marriage to address interfaith marriages is essential in promoting legal clarity on this matter.

Analysis of the Regulation of Interfaith Marriage between Indonesia and Singapore

kim sujin — 2024-08-19

Marriage is a physical and mental bond between a man and a woman as husband and wife, which aims to
form a family or can be called a harmonious, happy, and eternal household based on the Almighty God. However,
with the different beliefs embraced by each person, of course, it can raise several issues of whether it is permissible
to marry even though they have different religions. This is of course a significant difference between Indonesia
and other countries including Singapore. Marriage is valid if it is carried out according to each religion, and
recorded according to applicable regulations. In Indonesia, interfaith marriage is not recognized by state law and
is still a controversial issue. In Singapore, interfaith marriage is allowed with some terms and conditions and has
been more accepted by Singaporeans. This creates a difference between the legalization of interfaith marriage
between Indonesia and Singapore.

Implementation Of The Indonesian Attorney General’s Regulation Number 15 Of 2020 On The Termination Of Prosecution Of Criminal Acts Of Domestic Violence (Study at the Pasuruan District Attorney’s Office)

Mokhamad Syamsul Arif — 2024-08-19

The Prosecutor's Office of the Republic of Indonesia, in its authority as a representative of the state, must
create a sense of justice in society when resolving a case, apart from using repressive methods, the public
prosecutor also uses preventive methods. Based on the positive impact of efforts to resolve cases in a prophylactic
manner, the Republic of Indonesia Prosecutor's Office issued Regulation of the Republic of Indonesia Prosecutor's
Office Number 15 of 2020 concerning the Termination of Prosecution Based on Restorative Justice. Although the
method of resolving cases using Restorative Justice has several obstacles. The Pasuruan Regency District
Prosecutor's Office as part of the Republic of Indonesia Prosecutor's Office implemented the Republic of Indonesia
Prosecutor's Regulation Number 15 of 2020 in the case of the crime of Domestic Violence committed by the
suspect HENDRA PRASASI Bin M. ALI YUNUS. Thisresearch discusses three main issues, namely: First, what
are the impacts arising from the implementation of the termination of prosecution based on the Republic of
Indonesia Prosecutor's Regulation Number 15 of 2020 carried out by the Public Prosecutor in Domestic Violence
Cases at the District Prosecutor's Office. Pasuruan? Second, what obstacles are experienced by the public
prosecutor in implementing the termination of prosecution based on the Republic of Indonesia Prosecutor's
Regulation Number 15 of 2020 in domestic violence crime cases at the District Prosecutor's Office? Pasuruan?
Third, how can the public prosecutor terminate the prosecution in a domestic violence crime case committed by
the suspect HENDRA PRASASI Bin M. ALI YUNUS which occurred at the District Prosecutor's Office? Pasuruan
Based on Republic of Indonesia Prosecutor's Regulation Number 15 of 2020? The method used in this research is
empirical juridical with a statutory, case, and conceptual approach. The analytical method used is descriptive
qualitative.

Comparative Analysis of Legal Protection for Victims of Trafficking in Persons in Indonesia and Malaysia

Kenza Putri Sagita — 2024-08-19

This study aims to analyze the comparison of laws and legal protection for victims of human trafficking
between Indonesia and Malaysia. The focus of the research is on the arrangement of legal protection in the two
countries and their similarities and differences. The method used is normative research with a legislative, conceptual,
and comparative approach. The results of the study show that both Indonesia and Malaysia have legal protections
that include restitution, compensation, and rehabilitation for victims. However, there are differences in the type of
crime, the threat of a fine, and the maximum prison rule. The advice given is the need to reform laws in Indonesia
related to the protection of witnesses and victims, as has been done by Malaysia

Legal Certainty in the Integration of the New Criminal Code and Customary Criminal Law

Muhammad Khasby Al Ghifari — 2024-08-19

This research is motivated by Article 2 paragraph (1) of the new Criminal Code which explains that the
law that develops in society is an additional provision after the Criminal Code. This has caused a lot of debate
and controversy because the new Criminal Code and customary criminal law have different characteristics. The
formulation of the problem in this study is the relevance of values between the new Criminal Code and
customary criminal law and how legal certainty is in the effort to integrate the two laws. This research uses
normative juridical and legal approaches. The research was carried out by studying the literature on laws and
regulations as primary legal materials equipped with journals and books as secondary legal materials. This study
produces a concrete comparison between the values contained in the new Criminal Code and the values in
customary criminal law which are contradictory. Another result of this study is the explanation of legal certainty
in the integration of the new Criminal Code and customary criminal law where legal certainty is not found in the
unification effort. With these problems, mediation between the community and law enforcement has emerged to
create national unity and form rules based on the culture of the Indonesian people.

Juridical Analysis of the Position of Joint Property After Divorce (A Study in Review of National Law and Customary Law in Timor Tetun Tribe)

Febriani Yuianti Seran — 2024-08-19

Marriage is a bond between two men and women to form a family and be recognized as legitimate by
society. Marriage can be carried out religiously, customarily, and stately. However, a marriage that does not run
harmoniously can lead to divorce. As a result of this divorce, the property owned by the married couple must be
separated, there are several options for the legal system to divide the property during the marriage including
using the Marriage Law, the Civil Code, the Compilation of Islamic Law and the customary law system adopted
by the community. This study aims to compare common property after divorce according to national law and
customary law in the Timor Tetun tribe. Based on this, the purpose of this study is to find out the arrangement of
joint property according to national law and customary law in the Timor Tetun tribe after the occurrence of
divorce, the form of joint property according to national law and customary law, and dispute resolution.

Analysis of Implications of Regulation Number 10 of 2020 relating to the assimilation of prisoners during the Covid-19 pandemic at Class I Correctional Institution Malang

Dian Maharani — 2024-08-19

The controversy surrounding granting assimilation to prisoners due to prison capacity varies widely.
Prisoners who are released by assimilation are considered not ready to return to society, which is regarded as
causing new problems. This may lead to re-offending. Therefore, thisresearch investigates three main issues: First,
what is the impact of the government's assimilation policy implementation during the COVID-19 pandemic?
Second, what are the obstacles faced by prisoners of Class I Lowokwaru Correctional Institution in Malang in the
assimilation process? Third, the steps taken by the Class I Correctional Institution in Malang to implement
assimilation for these prisoners. To answer all the issues at hand and evaluate the impact of the Regulation, a
qualitative approach involving case studies was used. The results of this study show that the implementation has
two effects. First, although the implementation has a positive impact on the community outside the prison can
accept the policy and make it a deterrent, the number of criminal offenses increases due to the repetition of criminal
acts. Secondly, Malang's Class I Lowokwaru Correctional Institution faces problems with the lengthy screening
and supervision process after assimilation which is lacking across correctional institutions. Third, the Class I
Correctional Institution of Malang is trying to improve the supervision and sorting of inmates who are granted
assimilation so that they are returned to the community.