JUDAKUM: JURNAL DEDIKASI HUKUM

SUNAT PEREMPUAN DALAM PERSPEKTIF HUKUM NASIONAL, HAK ASASI MANUSIA DAN BUDAYA: SEBUAH DILEMA ANTARA TRADISI DAN PERLINDUNGAN HAK

2026-04-28T19:59:57+07:00

The practice of female circumcision, or Female Genital Mutilation/Cutting (FGM/C), is a complex and controversial issue in various parts of the world, including Indonesia. This article discusses female circumcision from the perspective of national law, human rights (HAM), and culture, with a focus on the dilemma between preserving tradition and protecting rights. Although often considered part of religious or customary rituals, this practice has a negative impact on women's physical and mental health. WHO classifies FGM/C into four types based on the level of invasiveness, and all are considered to have no health benefits. In the context of national law, even though regulations have prohibited this practice, challenges still arise due to cultural resistance and lack of law enforcement. The human rights perspective highlights violations of the rights of women and children, including the rights to health, bodily autonomy and freedom from violence. Meanwhile, a cultural perspective shows how this practice is deeply rooted in tradition as a symbol of community identity. Efforts to eliminate FGM/C require an approach based on education, community empowerment and cross-cultural dialogue to create a transformation that respects traditions without ignoring individual rights.

RANAH ARGUMENTASI DALAM RISET-RISET HUKUM: TULANG PUNGGUNG PENCARIAN KEBENARAN PRAKTIS DAN TEORETIS

2026-04-28T19:59:58+07:00

This conceptual-reflective project aims to analyze the role and position of �argumentation� as an epistemic structure that enables practical legal research and academic legal research to develop, test the reliability of, and account for their claims. The most relevant approach for operationalizing this project is a conceptual approach, through which the meaning, function, and position of argumentation in such forms of research are examined, particularly in relation to claims, interpretation, doctrine, facts, and truth in law, both practical and theoretical truth. The findings of this article are as follows. First, the two domains in which legal rules are intellectually processed, namely the practical domain and the academic domain, both position argumentation as the backbone of their effort to bring together rules, facts, theory or doctrine, methods of interpretation, analysis, and processes of drawing conclusions. Second, whether explicitly recognized or not, argumentation has been treated as a constitutive condition for the operation of these two forms of legal research, so that both of them, especially at the practical level, do not remain merely administrative, descriptive, or scholastic exercises, but become activities in search of truth whose rationality, reliability, and scientific character are justified. Third, although practical legal research and academic legal research differ in their orientation, outputs, and operational fields, they are united by their shared understanding of argumentation as the epistemic lifeblood that enables law to think, speak, and account for itself.

PENEGAKAN HUKUM PIDANA TERHADAP PELAKU TAWURAN PELAJAR DI KOTA PADANG

2026-05-01T17:44:40+07:00

Student brawls in Padang City are a form of juvenile delinquency that involves violence and has the potential to cause fatalities. This study aims to analyze criminal law enforcement against perpetrators of student brawls, especially those with student status, and assess the extent to which the principle of restorative justice has been applied. The research method used is empirical juridical with an analytical descriptive approach, through literature studies and interviews with law enforcement officials, schools, and related agencies. The results of the study show that although the act of student brawls has been regulated in the old Criminal Code and the new Criminal Code as well as the Law on the Juvenile Criminal Justice System, its application in Padang City still tends to be repressive. The diversion and restorative justice mechanisms have not been consistently optimized, so they do not fully reflect the protection and best interests of children. The main obstacles include weak coordination between agencies, low legal awareness, and limited support facilities. Therefore, it is necessary to strengthen cross-sector coordination, optimize restorative justice, and continue legal education to effectively prevent student brawls.

KAJIAN HUKUM TENTANG KELUARGA DAN WARIS DALAM PERKAWINAN CAMPURAN ANTAR NEGARA

2026-05-08T04:27:24+07:00

Interstate intermarriage is a growing legal phenomenon along with the increasing mobility of the global community, technological developments, and cross-border social and economic relations. This kind of marriage not only has legal consequences in the field of family law, but also raises complex problems in the field of inheritance, especially related to the determination of personal status, citizenship, legal choices, court jurisdiction, and the division of inheritance involving more than one national legal system. This study aims to analyze the legal arrangements regarding family and inheritance in interstate mixed marriages based on the perspective of Indonesian law and international civil law. The research method used is normative legal research with a legislative approach, a conceptual approach, and a comparative legal approach. The legal materials used consist of primary, secondary, and tertiary legal materials that are analyzed qualitatively. The results of the study show that the regulation of mixed marriage in Indonesia still faces various normative and implementation obstacles, especially related to legal conflicts between countries regarding the status of children, limited dual citizenship, inheritance rights of foreign spouses, and possession and ownership of property. In addition, the lack of unification of national inheritance law causes the settlement of inheritance disputes in mixed marriages to often cause legal uncertainty. The principles of lex patriae, lex domicilii, and choice of law are important factors in determining the laws that apply to family relationships and inheritance. Therefore, it is necessary to harmonize regulations and strengthen international civil law arrangements in Indonesia to provide legal certainty, protection of the rights of the parties, and justice in the settlement of family and inheritance cases in interstate mixed marriages.

IMPLEMENTASI HUKUM PEMASYARAKATAN DALAM PENANGGULANGAN OVER CAPACITY DAN DAMPAKNYA TERHADAP HAK NARAPIDANA DI LAPAS KELAS III DHARMASRAYA

2026-07-13T02:49:28+07:00

Overcapacity in correctional institutions has become one of the major obstacles to the implementation of Indonesia's correctional system, as it affects both inmate rehabilitation and the fulfillment of prisoners' rights. This study aims to analyze the implementation of correctional law in addressing overcapacity and its impact on the fulfillment of prisoners' rights at the Class III Dharmasraya Correctional Institution. This research employed an empirical juridical approach with a descriptive design. Primary data were obtained through semi-structured interviews with the Head of Security and Order Subdivision and the Head of Rehabilitation Subdivision, while secondary data were collected through library research, including legislation, books, journals, and other relevant legal materials. The findings indicate that the implementation of correctional law has been carried out in accordance with Law Number 22 of 2022 concerning Corrections through penal measures, including inmate integration programs and prisoner transfers, as well as non-penal measures such as personality development, vocational training, and institutional cooperation. However, the prison population exceeding more than twice its intended capacity has reduced the effectiveness of rehabilitation programs and affected the fulfillment of prisoners' fundamental rights, particularly physical and mental health, rehabilitation services, and healthcare. Therefore, optimizing inmate integration programs, improving correctional facilities and infrastructure, and expanding alternative sentencing policies are necessary to reduce overcrowding and support the realization of an effective, humane, and justice-oriented correctional system.