The Hindu Marriage Registration Act, 2012, marks a critical step in the legal recognition and protection of Hindu marriages in Bangladesh. Prior to its enactment, Hindu marriages were governed primarily by traditional customs and lacked formal legal documentation, leading to significant challenges, particularly in matters of inheritance, property rights, and gender equality. This article delves into the historical context of Hindu marriage practices, the legal implications of the new legislation, and its social impact, focusing on gender equality, women's rights, and family dynamics. By offering legal recognition to Hindu marriages, the Act provides a platform for resolving disputes, ensuring marital rights, and promoting social stability. However, challenges in the law's implementation, such as limited awareness, administrative hurdles, and cultural resistance, remain. This article also evaluates the role of the Act in advancing gender equality, especially in the context of marital disputes, and offers recommendations to address implementation issues, enhance legal accessibility, and improve the integration of the law into societal norms. In light of its mixed reception, the article proposes pathways for improving the effectiveness of the Act in safeguarding marital rights and promoting gender justice in the Hindu community.
This research aims to determine the limits of hudud in Islamic law so that law enforcement can run fairly. Allah's decree regarding hudud issues has been outlined in the Al-Qur'an in order to preserve social life based on Islamic rules. Hudud is a sanction given to violators of behavior that is contrary to Islamic teachings. In various cases, rebellion, robbery, wine, stealing, verbal abuse and adultery, all have provisions for punishment in the Koran. However, the role of Ulama in interpreting verses is very open to outlining the limits of sanctions for law violators. The existence of Islamic law certainly refers to the main teachings, namely the Al-Qur'an and hadith, then developed through Ijma' Ulama which can be implemented in society as a limitation of sanctions.
ORIGINAL RESEARCH ARTICLE | Feb. 27, 2025
Reconstruction of the Legality of Identification Results Approval of Mass Disaster Victims in the Implementation of Disaster Victim Identification Procedures Based on Justice Values
Dhiwangkoro Aji Kadarmo, Gunarto, Jawade Hafidz, Bambang Tri Bawono
Page no 41-46 |
DOI: https://doi.org/10.36348/sijlcj.2025.v08i02.003
The purpose of this study is to find and analyze the weaknesses of the legality of the ratification of the results of the identification of victims who died due to mass disasters in the application of the Disaster Victim Identification procedure and to reconstruct the legality of the ratification of the results of the identification of victims who died due to mass disasters in the application of the Disaster Victim Identification procedure based on the value of justice Using the constructivism paradigm, the sociological legal approach method to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field and qualitative descriptive methods. The results of the study indicate that the legality of the ratification of the results of the identification of victims who died due to mass disasters in the application of the Disaster Victim Identification procedure is not yet based on the value of justice, due to the lack of distribution of DVI police doctors. Weaknesses in legal substance are Article 157 of Law Number 17 of 2023 concerning Health, Article 473 of Government Regulation Number 28 of 2024 concerning Implementing Regulations of Law Number 17 of 2023 concerning Health and Article 21 of Regulation of the Minister of Health Number 38 of 2022 concerning Medical Services for Legal Interests. Weaknesses in legal culture where legal culture will be aware of disasters and the importance of identification are still lacking. The reconstruction proposed by the author is to regulate those who have the right to issue identification results in DVI operations for mass disasters are DVI Police who have DVI Commander expertise certification which guarantees that the identification results are in accordance with the science used, so that they can be legally accounted for.
ORIGINAL RESEARCH ARTICLE | Feb. 27, 2025
Reconstruction of the Criminal Sanctions System Regulation for Personal Data Protection Based on Justice Values
Teguh Dwi Santosa, Anis Mashdurohatun, Bambang Tri Bawono
Page no 47-51 |
DOI: https://doi.org/10.36348/sijlcj.2025.v08i02.004
The purpose of this study is to analyze and find the weaknesses in regulations on the criminal sanction system for personal data protection in Indonesia and how to reconstruct regulations on the criminal sanction system for personal data protection based on the value of justice using constructivism paradigm with a socio-legal research approach method to solve research problems by examining secondary data and primary data by finding the legal reality experienced in the field and qualitative descriptive methods, where later the data will be presented descriptively. The result shows that the protection is weak, because there is incomplete law in Article 12 of the Personal Data Protection Law. This results in uncertainty in the aspect of law enforcement, especially in Article 67 and Article 68 in terms of imposing compensation when there is a failure to protect personal data, added with the inequality in the formulation of sanctions that can be applied to the public and private sectors, legal culture, namely digital literacy in society is still low, so that many individuals do not fully understand the importance of personal data protection and its implications in the digital environment. Therefore, the Legal Reconstruction proposed by the author is carried out on the addition of one paragraph to Article 67 paragraph (4) which contains the Provisions as referred to in paragraph (1), paragraph (2) and paragraph (3). the judge is obliged to determine the amount of compensation payment. Reconstruction is also carried out in Article 68 so that it becomes paragraph (2) The provisions as referred to in paragraph (1) the judge is obliged to determine the amount of compensation payments.