Abstract:Tansformasi digital telah mengubah pola hubungan hukum masyarakat Indonesia, termasuk dalam aspek pembuktian perkara perdata. Dokumen dan informasi yang sebelumnya berbentuk fisik kini banyak hadir dalam format elektronik,…
k, seperti email, pesan instan, dokumen digital, serta rekam jejak transaksi daring. Perkembangan tersebut menuntut penyesuaian sistem pembuktian perdata yang secara historis bertumpu pada alat bukti klasik sebagaimana diatur dalam HIR/RBg dan KUH Perdata. Penelitian ini bertujuan untuk menganalisis kedudukan bukti elektronik dalam hukum acara perdata, mengkaji parameter kekuatan pembuktiannya yang meliputi keabsahan (admissibility), autentikasi dan integritas (reliability), serta pembobotan (probative weight), serta menilai implikasi penerapan e-Court dan e-Litigation terhadap praktik pembuktian di pengadilan. Penelitian ini merupakan penelitian hukum normatif dengan metode studi pustaka, menggunakan pendekatan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa secara normatif, bukti elektronik telah diakui sebagai alat bukti hukum yang sah melalui UU ITE dan diposisikan sebagai perluasan alat bukti yang sah dalam hukum acara. Namun, kekuatan pembuktiannya tidak bersifat otomatis, melainkan bergantung pada terpenuhinya syarat formil dan materiil, khususnya terkait autentikasi dan integritas data. Praktik e-Litigation memperluas penggunaan dokumen elektronik dalam proses beracara, tetapi juga memunculkan tantangan terkait originalitas, risiko manipulasi, dan pemenuhan formalitas.
Abstract:The advancement of digital technology has brought significant changes to the legal system, particularly in the use of electronic evidence as a means of proof in court. However, the validity of digital forensic evidence is…
s often questioned due to various technical, procedural, and legal challenges. This study aims to analyze the factors contributing to the failure of digital forensic evidence in legal proceedings and to formulate recommendations for improving its validity. The method used is a Systematic Literature Review (SLR) by examining various academic sources that discuss issues of digital evidence validity, forensic standards, and emerging legal challenges. The results of the study indicate that the failure of digital evidence generally stems from non-compliance in the processes of data collection and preservation with chain of custody standards, insufficient competence of law enforcement officers in digital technical aspects, and conflicts between legal requirements and data privacy regulations, such as the GDPR and CCPA. The case study of online gambling 2020, at the South Jakarta District Court confirms that the absence of forensic verification and chain of custody documentation caused the digital evidence to lose its probative value. Therefore, it is necessary to establish standardized forensic procedures, provide training and certification for law enforcement officials and forensic experts, and develop national guidelines for managing digital evidence aligned with international standards. This research is expected to contribute to strengthening the integrity and validity of digital evidence, thereby enhancing the enforcement of justice in the digital era.
Abstract:The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning…
ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.
Abstract:The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning…
ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.
Abstract:Disputes resolution in the field of Islamic banking are actually arranged in Article 55, paragraph (1), (2), and (3) of the Law on Islamic Banking. The Problem appear when choice of legal forum (choice of forum) for finish…
sh dispute banking agreed for choose one of the legal forums in settlement dispute when the parties No want to finish it through religious courts and their contracts No stated in a way clear the choice of legal forum selected. This is where the need for certainty of law in settling the dispute in question arises, and how the Constitutional Court's decision for certainty of law can be realized in Islamic banking disputes. The research method used is descriptive normative. Research results explain that the Decision of the Constitutional Court Number 93/PUU/X/2012 confirms certainty of law by deleting dualism of authority justice, making the Religious Court as an institution the sole authority to finish Islamic banking through track litigation. Thus, it can be concluded that this decision cancels the explanation of Article 55 paragraph (2) of the Sharia Banking Law, eliminates forum selection to the District Court; however, it still allows non-litigation settlement, such as Sharia arbitration. The settlement process of disputes in Islamic banking, as arranged in Article 55 paragraph (1), (2), and (3) of the Sharia Banking Law, has given duties and authorities to courts in the neighborhood religious courts.
Abstract:Eksekusi nafkah iddah dan mut'ah di Pengadilan Agama sering tidak efektif karena mantan suami menghindari pembayaran, sembunyikan aset, atau kekurangan harta, ditambah prosedur rumit. Analisis normatif-dogmatis KHI Pasal…
149–156, UU No. 1/1974, SEMA No. 3/2018, dan SEMA No. 2/2019 menunjukkan kewajiban mutlak pada cerai talak, perlindungan istri gugat (jika tidak nusyuz), tapi tingkat keberhasilan hanya 6–20%. Solusi: pembayaran segera, sita gaji PNS, e-court, sanksi pidana via UU PKDRT, plus penguatan sanksi pidana ringan, satgas eksekusi, audit aset, dan edukasi pra-perceraian untuk sistem lebih progresif dan sensitif gender.
Abstract:Perkembangan e-Court dan Elektronik Akta Cerai (EAC) merevolusi perceraian online di Indonesia, menimbulkan tantangan terhadap validitas akta nikah berdasarkan UU Perkawinan No. 1 Tahun 1974 (Pasal 39 & 41)1. Penelitian…
ini menganalisis implikasi perceraian digital terkait keamanan data, tanda tangan elektronik vs basah, dan kepastian status perkawinan pasca-putusan pengadilan agama. Pendekatan normatif-empiris menunjukkan bahwa meski EAC efisien via QR code dan SIPP, ketidaksesuaian regulasi memicu ambiguitas yang berpotensi sengketa harta gono-gini atau hak asuh anak; sehingga diperlukan amandemen UUP selaras PERMA No. 1 Tahun 2023 untuk perlindungan hukum komprehensif di era digital.
Abstract:The Suspension of Debt Payment Obligations (PKPU) is a legal procedure that allows debtors who are unable, or expect to be unable, to continue paying their due and collectible debts to seek legal recourse. Debtors in such…
h situations can initiate legal action during the PKPU process. However, the question arises: what is the legal certainty for creditors following the Constitutional Court's decision that encourages debtors to pursue legal action? This study uses a descriptive normative research method to analyze the legal issues related to such actions. The findings indicate that the legal recourse available to debtors in specific circumstances significantly impacts creditors. This leads to uncertainties regarding payment, especially if the debtor decides to file for legal action. Additionally, these uncertainties can affect the creditor's business operations. The Constitutional Court's decision, subsequently reinforced by a Circular Letter from the Supreme Court, does not adequately address the gaps in legal certainty faced by creditors. This situation complicates creditors' efforts to secure their rights, which are the obligations of the debtor.
Abstract:Sharia insurance in Indonesia is growing, because along with the increasingly complex disputes between parties, which cannot be avoided between Islamic insurance companies and policyholders, this is even though both of them…
hem help and protect each other. The problem is regarding the legal basis for sharia insurance dispute resolution which is still scattered in several laws and regulations. This has become a discourse and issue of legal norms for sharia arbitration as an option for sharia insurance dispute resolution, and so far the resolution of sharia insurance disputes through sharia arbitration is regulated by Supreme Court Regulation Number 14 of 2016. The research method used is descriptive normative. The research method used is descriptive normative by analyzing regulations laws governing sharia dispute resolution. The results of this study explain that state policy in managing sharia insurance disputes is still a discourse, so that constitutional authority still uses Article 58 of Law no. 48 of 2009 concerning Judicial Power. Therefore, it is necessary to amend Law No. 30 of 1999, specifically regarding the article regarding the District Court, which must be supplemented by the Religious Courts and procedures for resolving disputes through sharia arbitration.
Abstract:Marriage Law in Indonesia is the result of the convergence between Islamic legal principles and state regulations, as outlined in Law Number 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI). This study aims…
to analyze how Islamic law and positive law interact in regulating marriage and to what extent their convergence occurs in the practice of religious courts and within the Muslim community in Indonesia. The research employs a normative approach by analyzing sources of Islamic law, statutory regulations, and religious court rulings related to marriage. The findings indicate that although Indonesia’s marriage law is based on Sharia principles, several adjustments have been made to align with positive law to ensure justice and protection for all parties, particularly in aspects such as marriage registration, minimum marriage age, and women's rights. The convergence between Islamic law and positive law reflects efforts to harmonize religious values with national legal interests. However, challenges remain in its implementation, particularly concerning child marriage, polygamy, and divorce, which often spark debates in society. Therefore, further studies are needed to evaluate the effectiveness of Indonesia’s marriage regulations and how Islamic law can continue to adapt within the framework of a modern legal state.