Vol. 3 No. 2 (2025)

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Issue information

Vol 3, No 2, November 2025

Vol. 3 No. 2 (2025)

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  • Indonesia 12

Articles 5 articles

  • DOI 10.59211/j.lawjustice.v3i2.572

    Effectiveness of Law Enforcement against Illegal Mining Crimes in the Jurisdiction of Pohuwato Regency An Empirical Juridical Study of Environmental Impacts and Regulatory Challenges

    Abstract
    This article analyzes the effectiveness of law enforcement against illegal mining crimes in the jurisdiction of Pohuwato Regency and the impacts caused by these activities. Illegal mining violates licensing provisions and causes environmental damage, yet it is also a source of livelihood for some communities. This study uses an empirical juridical method with a sociological legal approach through observation, interviews, and document studies. The results show that law enforcement against illegal gold mining in Pohuwato Regency tends to rely on deliberation and guidance, including assisting communities or landowners in obtaining legal mining permits. Illegal mining has negative environmental impacts, particularly damage to plantation land, pollution, flooding, and ecosystem destruction. Based on Soerjono Soekanto's theory of legal effectiveness, several factors support law enforcement, but infrastructure and facilities remain suboptimal because of inadequate monitoring and complaint channels around the mining area. Law enforcement must therefore combine enforcement, licensing guidance, environmental restoration, and community economic alternatives.
    • 0 Citations

    Vol. 3 No. 2 (2025) Articles pp. 29-31

  • DOI 10.59211/j.lawjustice.v2i1.573

    The Effectiveness of Marriage Confirmation on the Certainty of the Legal Status of Siri Marriages at the Tilamuta Religious Court An Empirical Juridical Study at the Tilamuta Religious Court

    Abstract
    This article analyzes the effectiveness of marriage confirmation (isbat nikah) on the legal status of unregistered marriages at the Tilamuta Religious Court and the factors influencing it. Unregistered marriages raise legal issues because they are religiously valid but lack state-recognized administrative evidence. This study uses an empirical juridical method, collecting data through observation, interviews, and document studies, followed by qualitative analysis. The results indicate that marriage confirmation (isbat nikah) provides legal certainty regarding marital status, facilitates population administration, and strengthens the protection of the rights of husbands, wives, and children. Data on marriage confirmation hearings at the Tilamuta Religious Court from 2020 to 2024 totaled 525, increasing from 20 in 2020 to 191 in 2024. Factors influencing the effectiveness of marriage confirmation include socio-cultural factors, economic factors, education and legal awareness, access to and availability of information, administrative factors and evidence, and reliance on oral traditions. This article confirms that marriage confirmation (isbat nikah) is effective as a means of legal certainty, but it requires more responsive outreach and service support.
    • 0 Citations

    Vol. 3 No. 2 (2025) Articles pp. 32-34

  • DOI 10.59211/j.lawjustice.v2i1.575

    Analysis of the Judge's Considerations for the Non-Acceptance of the Isbat Divorce Lawsuit in the Marisa Religious Court Decision Number 338/Pdt.G/2022/PA.Msa Kajian yuridis normatif atas putusan Pengadilan Agama Marisa Nomor 338/Pdt.G/2022/PA.Msa

    Abstract
    This article analyzes the judge's considerations for rejecting the divorce petition in the Marisa Religious Court Decision Number 338/Pdt.G/2022/PA.Msa. The issue of divorce isbat arises when marriages and divorces occur religiously or underhand but have not yet received state administrative recognition. This research uses a normative juridical method with a statutory approach, a case approach, and a conceptual approach. Primary legal materials include the Marriage Law, the Religious Courts Law, the Compilation of Islamic Law, civil procedural law, and Decision Number 338/Pdt.G/2022/PA.Msa. The results show that the rejection of the lawsuit was based on formal and material considerations, particularly the failure to fulfill the requirements for proving the marriage that would serve as the basis for legalizing the divorce. The judge placed procedural legal certainty as the primary basis because a divorce can only be recognized if the marriage is proven to be valid according to law. However, this decision also creates problems of benefit for the parties because the marital status and divorce remain unclear. This article emphasizes the importance of a balance between legal certainty, substantive justice, and the active role of judges in divorce isbat cases.
    • 0 Citations

    Vol. 3 No. 2 (2025) Articles pp. 38-40

  • DOI 10.59211/mjpjlj.v3i2.576

    Analysis of Judges' Considerations in Marriage Dispensation Applications at the Tilamuta Religious Court An Empirical Juridical Study Following Law Number 16 of 2019

    Abstract
    This article analyzes the factors causing marriage dispensation requests and the judges' considerations in granting them at the Tilamuta Religious Court. The issue of marriage dispensation has become important following the change in the marriage age limit through Law Number 16 of 2019, which sets the minimum age at 19 years for men and women. This study uses an empirical juridical method, with data collection techniques through observation, interviews, and document studies, which were then analyzed qualitatively. The results show that there were 322 applications for marriage dispensation at the Tilamuta Religious Court from 2020–2025, with the highest number in 2020 at 124 applications. Factors causing dispensation requests include pregnancy outside marriage, concerns about adultery, and promiscuity. The judges' considerations in granting the request include legal and sociological aspects, including urgent reasons, supporting evidence, the child's physical and mental readiness, the opinions of the prospective bride and groom, and the socio-psychological impact if the request is granted or rejected. This article emphasizes that marriage dispensation should be positioned as a strict exception mechanism, not a path to normalizing child marriage.
    • 0 Citations

    Vol. 3 No. 2 (2025) Articles pp. 41-43

  • DOI 10.59211/j.lawjustice.v3i2.571

    Law Enforcement of Traffic Violations by Children as Motorcyclists in the Jurisdiction of the Pohuwato Police Analisis peran kepolisian, hambatan, dan upaya penanganan di Satuan Lalu Lintas Polres Pohuwato

    Abstract
    This study examines law enforcement against traffic violations by children as motorcyclists in the jurisdiction of the Pohuwato Police. This issue is important because Law Number 22 of 2009 requires every motorized vehicle driver to have a driving license, while children under the required age do not yet have sufficient legal capacity and driving skills. This study aims to analyze the role of the police, as well as the obstacles and efforts involved in handling traffic violations by children. The method used is empirical legal research with a descriptive approach through the study of legislation, observation, and interviews at the Pohuwato Police Traffic Unit. The results show that violations by children under 16 years old increased from 52 violators in 2023 to 84 violators in 2024. The dominant violations include not wearing a helmet, not having a driver's license or vehicle registration, riding with more than the stipulated number of passengers, and going against the flow of traffic. Law enforcement is carried out through pre-emptive, preventive, and repressive efforts but still faces obstacles such as uncooperative children, children turning around when seeing officers, and parental resistance. This study emphasizes the importance of educational law enforcement, child protection, and family involvement in building a culture of orderly traffic.
    • 0 Citations

    Vol. 3 No. 2 (2025) Articles pp. 25-28