Taruna Law: Journal of Law and Syariah

Criminalization of Cohabitation in the Perspective of Positive Criminal Law: A Normative Study of the Old Criminal Code and the New Criminal Code

Fri, 31 Jul 2026 00:00:00 +0000

This study aims to analyze the regulation of cohabitation within Indonesia’s positive criminal law and to examine the compatibility of its criminalization with the principles of legality and ultimum remedium. The phenomenon of cohabitation, which has increasingly developed within Indonesia’s urban society, is now explicitly criminalized under Article 412 of the Nastional Criminal Code (Law No. 1 of 2023), in contrast to the Old Criminal Code which only regulated adultery in the context of violations against the institution of marriage. This research employs a normative juridical method using statutory, conceptual, and comparative approaches. The findings indicate that the formulation of the cohabitation provision does not fully comply with the principle of legality, as it contains vague and open-ended terminology such as “living together as husband and wife.” Furthermore, the use of criminal law in regulating cohabitation contradicts the principle of ultimum remedium, as it lacks sufficient justification for the application of repressive penal measures. This study concludes that the criminalization of cohabitation in the New Criminal Code has the potential to result in overcriminalization, legal uncertainty, and violations of the right to privacy and civil liberties. Therefore, a reconsideration of this provision is necessary to ensure proportionality and alignment with the fundamental principles of modern criminal law and constitutional norms.

Kedudukan Hukum Orang Tua Angkat Sebagai Penerima Harta Waris Anak Angkat Perspektif Kompilasi Hukum Islam

Shofy Amira Masrufah, Shoviana Dewi Ariyanti, Muhammad Habibur Rochman — Fri, 31 Jul 2026 00:00:00 +0000

This study examines the legal position of adoptive parents (orang tua angkat) as recipients of inheritance from a deceased adopted child under the perspective of the Kompilasi Hukum Islam (KHI). Unlike the prevailing discourse that centers on an adopted child’s right to the estate of adoptive parents, this article addresses the reverse and less-examined situation, namely an adopted child who dies first while already possessing self-acquired wealth. Using a normative-juridical method with statutory and conceptual approaches, the study finds that Islamic inheritance law excludes adoptive parents from the class of primary heirs because inheritance rights rest exclusively on three causes, namely nasab, lawful marriage, and wala’, none of which arises from tabanni. Article 209 of the KHI closes this gap by granting adoptive parents a civil right in the form of wasiat wajibah, capped at one-third of the estate, without displacing the fixed shares of nasabiyah heirs. The article concludes that wasiat wajibah, constructed through qiyas and maslahah mursalah, operates as a proportionate instrument of substantive justice that reconciles the certainty of nasab-based inheritance with the socio-economic reality of adoptive parenting, though its judicial application still requires firmer interpretive standards.

Kewenangan Pengadilan Tata Usaha Negara Mengadili Fiktif Positif

Fri, 31 Jul 2026 00:00:00 +0000

Positive fictitious arrangements were introduced through Law Number 30 of 2014 concerning Administration. Furthermore, the positive fictitious regulation was changed through Article 175 number 6 of Law Number 11 of 2020 concerning Job Creation which was subsequently revoked by Perppu Number 2 of 2022. The Perppu was then ratified into Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. This change creates ambiguity regarding the authority of the State Administrative Court in resolving positive fictitious applications. This study aims to analyze how positive fictitious regulations after the enactment of Article 175 Number 7 of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation. This research uses a normative legal research type with a statute approach, a comparative approach and a case approuch. The legal materials used consist of primary legal materials, secondary legal materials, and tertiary legal materials. These legal materials are analyzed qualitatively and presented descriptively. The results of this study are: 1) PTUN has the authority to attribute to try positive fictitious applications based on Article 53 of Law Number 30 of 2014 concerning State Administration, which aims to provide legal protection, legal certainty, and realize the principle of administrative justice according to John Rawls, and 2) After going through changes in Article 175 Number 7 of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation, the authority of the PTUN was revoked, and the implementation of positive fictitious was transferred to a mechanism that had not been determined because the presidential regulation had not been issued, thus creating a legal vacuum.

Implementasi Pasal 2 Perda Kabupaten Lampung Selatan No 3 Tahun 2014 Tentang Pengelolaan Pasar Rakyat Dalam Perspektif Siyasah Tanfidziyyah

tiranovitasari, Linda Firdawaty, Nur Rahmah — Fri, 31 Jul 2026 00:00:00 +0000

This research is motivated by the suboptimal implementataion of the Natar People's Market arrangement and management policy in South Lampung Regency, as stipulated in Article 2 of South Lampung Regency Regulation Number 3 of 2014 concerning the Arrangement and Management of People's Markets. The academic problem of this research lies in the discrepancy between legal norms that require the creation of an orderly, clean, safe, comfortable, and competitive people's market and the empirical conditions of the Natar People's Market, which still exhibit various problems in policy implementation. These conditions are reflected in the low level of orderliness among traders, weak oversight by officials, suboptimal management of market facilities, and the suboptimal implementation of market environmental arrangements in accordance with regional regulations. The research problem formulation covers the implementation of Article 2 of South Lampung Regency Regulation Number 3 of 2014 at the Natar People's Market Service Technical Implementation Unit and its review from the perspective of Fiqh Siyasah Tanfidziyyah. The research method uses a qualitative approach with a normative-empirical approach through observation, interviews, and documentation. The results of the study indicate that the implementation of Article 2 of the Regional Regulation of South Lampung Regency Number 3 of 2014 at the Natar People's Market has not been optimal due to weak supervision, limited resources, and low legal awareness of traders. The perspective of Fiqh Siyasah Tanfidziyyah shows that the implementation of the policy has not fully reflected the principles of trust, justice ('adl), and benefit (maslahah) in governance.