Supremasi Hukum : Jurnal Penelitian Hukum

Harmonization Of The Phrase “Minor Nature Of The Act” With The Principle Of Legality In The Implementation Of Rechterlijk Pardon In Indonesia

Fahrulian Gandi — 2025-11-19

The phrase “minor nature of the act” in the concept of rechterlijk pardon as regulated in Law No. 1 of 2023 has not yet been accompanied by interpretative guidelines. This situation may result in biased interpretations, leading to legal uncertainty and inconsistency in future law enforcement. This study examines the ideal regulation of the phrase “minor nature of the act” in rechterlijk pardon to ensure harmony with the principle of legality. The research employs normative legal methods, utilizing statutory, conceptual, case, and comparative approaches. The findings indicate that the phrase “minor nature of the act” should be limited to specific criminal offenses eligible for pardon, as exemplified in Portugal, in order to prevent multiple interpretations that could result in discrimination in law enforcement.

Comparative Law Between Indonesia And Malaysia In The Resolution Of Cyberbullying Crimes

Afifah Nur Rahmawati — 2025-11-19

The development of information technology has given rise to various forms of cybercrime, one of which is cyberbullying, which is increasingly prevalent in society. The main problem of this research is how the legal regulations between Indonesia and Malaysia differ in resolving cyberbullying crimes. The purpose of this study is to analyze the similarities, differences, and effectiveness of the legal systems of both countries in providing legal protection to victims. The research method used is a normative-comparative approach by examining the laws and regulations in force in Indonesia, such as the Criminal Code and the Electronic Information and Transactions Law (UU ITE), as well as laws in Malaysia through the Communications and Multimedia Act 1998 and the Personal Data Protection Act. Supporting data is taken from reports of cyberbullying cases in Indonesia and Malaysia in 2024–2025. The results show that Indonesia has a broader legal scope with severe criminal penalties, but its weaknesses lie in the formulation of articles that are open to multiple interpretations and ineffective implementation. In contrast, Malaysia has more specific regulations with practical reporting mechanisms and strong personal data protection, although the criminal sanctions are relatively light. Thus, it can be concluded that Indonesia has a normative advantage, while Malaysia has a practical advantage in addressing cyberbullying.

Divorce Due to Online Gambling in Indonesian Religious Courts: Legal Certainty and Women’s Protection in Islamic and Positive Law

Fakhriyah Annisa Afroo — 2025-11-19

The rise of online gambling in Indonesia has created serious family and legal problems. When husbands become addicted, financial neglect, debt accumulation, and domestic conflict often lead to divorce, leaving women as the most affected group. This study analyzes legal certainty and women’s protection in divorce cases caused by online gambling from both Islamic and positive law perspectives. Using a normative juridical method with statutory, conceptual, and case approaches, the research examines relevant laws and Religious Court decisions in Bengkulu. The results show that legal certainty is guaranteed through consistent court procedures and statutory frameworks such as the Marriage Law, Government Regulation No. 9 of 1975, the Compilation of Islamic Law, and the ITE Law, which classify gambling as a legitimate ground for divorce. Women’s protection is realized through iddah maintenance, mut’ah, custody rights, and division of joint property. This study’s novelty lies in integrating Islamic and national law analyses to reveal how legal certainty principles are operationalized in court practice to ensure substantive justice for women affected by online gambling–related divorces.