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Surasa, Ais; Mukhlas, Oyo Sunaryo; Saebani, Beni Ahmad; Husain, Husain

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The rise of the phenomenon of early marriage in Indonesia is the background to the birth of Republic of Indonesia Law number 16 of 2019 concerning marriage and the compilation of Islamic law, which sets the age limit for marriage to 19 years. The reality is that in society there are many cases asking to be able to get married and have it officially registered, which has led to the existence of a marriage dispensation. Marriage dispensation is permitted by law by considering positive matters. The aim of this study is to determine the long-term impact of early marriage on the welfare of individuals, families and society. The method used is qualitative, data collection is carried out by interviews, direct observation and also data related to the theme. Using this method will make it easier to observe phenomena in society regarding marriage dispensations. The data analysis used was an inductive method (Creswell, 1994). The results obtained were that the marriage dispensation from a legal perspective did not conflict with Law 16 of 2019. The granting of marriage dispensations was carried out by considering the impact. From a sociological perspective, our society views early marriage as something normal and often forgets the impact of child marriage. Marriage dispensation is a rational choice, even though the risks faced are very high. Therefore, it is necessary to increase public awareness of promiscuity and return to the essence of marriage.

Debi Silvia Dinata; Sepri Sepri; Sirnawati Sirnawati; Sarmauli Sarmauli

Sabar : Jurnal Pendidikan Agama Kristen dan Katolik 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Divorce has become an increasingly prevalent moral and social phenomenon within modern society, including among Christian communities, with profound implications for family structures, spiritual life, and the church’s testimony in the world. This study analyzes divorce from the perspective of Christian ethics, grounded in a theological and moral reflection on Matthew 19:1–12 as the biblical foundation for understanding marriage and faithfulness. The findings reveal that divorce is not merely a legal or social concern but represents a spiritual crisis and a failure to uphold the sacred covenant established by God. Contributing factors such as infidelity, domestic violence, economic pressure, and weak faith formation erode the moral values of love and fidelity. Christian ethics emphasizes love, forgiveness, and moral responsibility as fundamental principles for healing and reconciliation within broken relationships. The church is called to exercise pastoral responsibility through guidance, counseling, and restoration, fostering ethical awareness and marital integrity among believers. Thus, applying Christian ethics to the issue of divorce is essential for nurturing spiritual maturity, strengthening family unity, and preserving the moral witness of the Christian community.  

Fitrah Amaliah Hasibuan; Muhamad Zen

Jurnal Bisnis Inovatif dan Digital 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This study discusses the qardh contract from a classical perspective and discusses the transformation of the practice of Sharia digital lending that is developing in the fintech era. Qardh is one type of approach to pious to Allah and is a type of mu'amalah that is characterized by assistance (ta'awun) to another party to meet their needs. In classical fiqh, Qardh is a loan contract with the condition that the borrowed and repaid are exactly the same and are returned at a time mutually agreed upon at the time of the contract without any excess when returning it. However, the development of financial technology has presented a capital for digital lending services in accordance with the concept of Sharia. This study aims to analyze the differences between the qardh contract in classical and contemporary fiqh, including its implementation in a contract in accordance with Sharia principles. The results of the study indicate that Sharia digital lending can use the qardh contract as a legal basis, but must still implement it with the principle of qardh hasan, namely avoiding elements of usury and gharar, and adapting to modern regulations. The form of the qardh contract in digital sharia lending products illustrates contemporary fiqh efforts in responding to the lives of modern society.

Listyaningrum, Heni Dwi

KOMPAK : Jurnal Ilmiah Komputerisasi Akuntansi 2025 Universitas Sains dan Teknologi Komputer

The rapid growth of social media has yielded vast digital traces with high potential for improving corporate forensic auditing. Their utilization, however, lags behind through technological reliability, privacy, and adherence to the law. The aim of this study is to explore effective utilization of social media digital traces in forensic auditing and develop a functional framework that lags neither behind through technological efficiency nor adherence to the law and ethics. A mixed-method design was utilized, combining quantitative machine learning analysis with qualitative document analysis and semi-structured interview insight. Quantitative data drawn from social media digital traces were processed using Random Forest algorithm with SMOTE for class balancing, while qualitative data were processed using thematic analysis. The results indicated high model performance with 91.3% accuracy and AUC-ROC of 0.94, together with three emergent themes: digital integration, ethics and privacy, and regulation and legality. The results demonstrate that digital footprints may serve as an effective early and reliable indicator for fraud detection, provided they are accompanied by clear regulatory and ethical frameworks. Its principal contribution lies in the development of an operational model that combines machine learning with legal and ethical perspectives, a new strategy which matures methodological refinement and practical application in today's forensic auditing.

Talita Sembiring; Kania Nova Ramadhani; Al Firman; Taslima Amelia Taufik; Sri Yunita +1 more

Journal of Administrative and Sosial Science (JASS) 2025 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

This study aims to examine public minibus drivers in Medan from the perspectives of citizenship and liberalism. The research method used is descriptive qualitative with data collection techniques through in-depth interviews, participatory observation, and documentation. The results show that public minibus drivers enjoy individual freedoms, such as determining their working hours, choosing their rest times, and competing for passengers. This freedom is seen as a form of self-sovereignty in line with the principles of liberalism. However, this freedom also gives rise to contradictions, namely economic uncertainty, the burden of daily deposits, and the absence of social security and legal protection. The emergence of application-based transportation services further exacerbates the gap, as angkot drivers feel they experience inequality in terms of access to technology, regulations, and government support. This condition demonstrates the weak role of the state in guaranteeing their citizenship rights, especially those related to welfare and job protection. Thus, this study emphasizes that the principle of freedom in liberalism cannot be separated from the state's responsibility to achieve social justice. More equitable policies, technological support, and social protection for public minibus drivers are important steps to ensure that individual freedom is in line with citizenship rights.

Ameytia Rizka Aulia; Benediktus Josua Gea; Despri Mariyani Siahaan; Olivia Hana Putri Nababan; Syuratty Astuti Rahayu Manalu

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The “turun ranjang” marriage is a traditional practice found in several Indonesian ethnic groups, in which a man marries the younger sister of his deceased or divorced wife. This tradition aims to maintain family harmony, protect children, and preserve kinship ties. From the perspective of Islamic law, such a marriage is permissible as long as it fulfills the legal requirements and pillars of marriage, including the presence of a guardian, witnesses, mutual consent, and the absence of coercion. However, if any of these conditions are not met, the marriage may be considered invalid according to Islamic law. While this tradition has positive aspects such as preventing adultery and preserving family unity it may also lead to social conflict when performed under pressure or without full consent. Therefore, it is essential for those involved to seek guidance from Islamic scholars or legal experts to ensure the marriage aligns with religious principles and promotes family harmony. Overall, the “turun ranjang” marriage can be accepted if conducted with sincerity, awareness, and compliance with Islamic law.

Lilita Efquany; Itsnaini Nur Hidayah

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study comprehensively examines the concept of Sharia law by highlighting the main divisions within Islamic law: taklifi law and wadh'I law. Taklifi law encompasses five normative categories: obligation, recommendation, permissibility, makruh, and prohibition, which serve to regulate individual behavior in accordance with Sharia principles. Meanwhile, wadh'iy law emphasizes the causes, conditions, and requirements for the validity of a legal act, thus forming a normative framework that guarantees the validity of an action from an Islamic legal perspective. This study uses a normative approach through a literature review of primary sources of Islamic law, such as the Qur'an, Hadith, and classical and contemporary fiqh literature. The results of the study indicate that the division between taklifi and wadh'iy law is crucial for understanding the structure and complexity of Sharia law, both in terms of the vertical relationship between humans and God and the horizontal relationships between individuals. This study also examines the contemporary issue of plastic surgery from an Islamic legal perspective.  Plastic surgery is permissible for medical purposes, such as reconstruction following an accident, congenital defect, or impaired bodily function, as it aligns with the principles of preserving benefit and eliminating harm. However, plastic surgery solely for aesthetic purposes is considered forbidden, as it constitutes altering God's creation without a sharia (Islamic) justification. This finding confirms that the division of sharia law is not merely theoretical but also relevant in addressing modern issues, including in medical practice, and has important implications for the development of contemporary Islamic law and its application within the national legal context.

Nurrahman Fajrul Sinrang; Firman Husain

Jurnal Hasil Kegiatan Bersama Masyarakat 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Early marriage remains an issue with negative impacts on the health and quality of the younger generation, particularly through the risk of stunting in children. This article discusses the results of a counseling session titled "Marriage is Not Just Legal: Legal Education on Marriage Dispensation and Its Implications for Preventing Stunting Among Students" conducted at SMA Negeri 3 Parepare. The counseling aimed to raise students' awareness about the relationship between the marriage age limit, marriage dispensation, and the health impact on children, specifically the risk of stunting. The methods used include deconstruction, brainstorming, material delivery, reconstruction, and evaluation through pre-tests and post-tests. The results show a significant improvement in students' understanding from both medical and legal perspectives. The discussion focuses on analyzing the contradictions in legal norms regarding the marriage age limit and marriage dispensation, which often cause implementation issues. This counseling emphasizes the importance of integrating legal education and reproductive health as a preventive strategy to reduce early marriage and prevent stunting. Thus, this program contributes to shaping a healthy, legally aware younger generation capable of making mature and responsible marriage decisions.

Dhea Nurisma; Efendi Sugianto; Rahmiati Ranti Pawari; Nur Naini Muna; Nora Rahma Aprilika +7 more

Jurnal Pengabdian Sosial dan Kemanusiaan 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to analyze community perceptions of the application of legal and economic principles of food security in Rias Village, Toboali District. Food security is a crucial issue because it is directly related to survival, welfare, and regional economic stability. However, the community's understanding of food security is often limited to food availability, without considering its relationship with legislation and the dynamics of the village economy. The research method used was qualitative with a descriptive approach that included in-depth interviews, observation, and documentation of the local community. The results of the study show that the people of Rias Village have a positive perception of the importance of food security, especially from an economic perspective, such as market access, food prices, and business capital. However, understanding of legal aspects is still limited, especially regarding government and local regulations that should protect the community's right to access food. This perception confirms that the successful implementation of food security principles in Rias Village is influenced by legal policies that favor the community and economic strategies that encourage local food self-sufficiency.

Waluyo Slamet Pradoto; Santoso Budi Nursal Umar

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2025 Lembaga Pengembangan Kinerja Dosen

This research discusses the phenomenon of social organizations (ormas) in Indonesia from a legal perspective and the challenges of democracy. The freedom of association guarantyd by Article 28E paragraph (3) of the 1945 Constitution serves as the legal basis for the existence of social organizations, which are further regulated by Law Number 17 of 2013 and Law Number 16 of 2017. Regulatory changes, particularly the government's authority to dissolve mass organizations without judicial process, have sparked a debate between the need to maintain public order and the guaranty of the principle of due process of law. The research method used is normative juridical with a legislative and conceptual approach, supported by a literature study from primary and secondary legal materials. The study results show that although mass organizations have great potential in strengthening democracy, challenges such as identity politics, radicalism, lack of funding transparency, and state power abuse against mass organizations still pose major obstacles. Therefore, balanced legal regulations, transparent oversight, and enhanced democratic literacy are needed to ensure that the role of social organizations remains in line with the principles of the rule of law and Pancasila democracy.  

Aina Mulia Rizky; Amalia Apriliani; Devi Syalwa Syahfitri; Joya Urmila Lubis

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of digital technology has fueled the rise of online buying and selling practices through marketplaces and social media, including among students. This convenience is not without legal and ethical issues, such as misdescribed goods, fraud, and the weakening of consumers' position compared to businesses. This research uses a normative method with a qualitative approach through literature review, regulatory analysis, and interviews with UNIMED Civics students to examine consumer protection from the perspective of positive law and Islamic law. Theoretical studies indicate that Law Number 8 of 1999 concerning Consumer Protection (UUPK) affirms consumers' rights to security, comfort, accurate information, and opens up opportunities, although its implementation remains hampered by low legal awareness. Meanwhile, muamalah jurisprudence affirms the validity of a sale and purchase contract if it meets the pillars and conditions, and upholds the values ​​of honesty (ṣidq), justice (‘adl), trustworthiness, and the prohibition of gharar and tadlis. The results of the study indicate that violations of online transactions not only violate the UUPK but also undermine Islamic business ethics. Therefore, the integration of Islamic law and positive law is necessary to strengthen digital consumer protection in a fair and beneficial manner.

Nurul Fazira Damanik; Agnes Elsonya Damanik; Meri Fernandes Sinaga; Brent Hizkia Padang; Syuratty Astuti Rahayu Manalu

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study is based on the urgency of examining the inheritance rights of adopted children after their adoptive parents separate, examined from the perspective of Islamic law and positive regulations applicable in Indonesia. The main objective of this study is to analyze the legal status of adopted children and their inheritance rights after the adoptive parents' divorce based on both legal frameworks. The methodology used is a literature study by gathering information from various relevant references and regulations. The findings of this study indicate that under Islamic law, adopted children are not automatically entitled to inheritance, but can receive a gift, will, or mandatory will with a maximum limit of one-third of the adoptive parents' assets. Meanwhile, under Indonesian positive law, the inheritance rights of adopted children depend on the court's decision during the adoption process, and even though the adoptive parents have divorced, the inheritance rights remain recorded in accordance with the existing court decision. These findings reflect the need for legal certainty to protect the rights of adopted children and emphasize the importance of clear regulations to avoid inheritance conflicts after divorce. This study is expected to serve as a reference for policymakers and legal practitioners in addressing issues related to the inheritance rights of adopted children.

Yola Septia Utami; Deli Meylindo; Asiyah Asiyah

Jurnal Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to examine the development, challenges, and prospects of the Indonesian education system from a historical, regulatory, and curriculum perspective. Using a descriptive qualitative method with a library study approach, this study examines relevant literature, laws and regulations, and previous research findings. The study results indicate that the Indonesian education system is a dynamic entity, influenced by internal and external factors from the Hindu-Buddhist era, the arrival of Islam, colonialism, to the Reformation era and the Independent Curriculum. A strong legal basis through the 1945 Constitution and Law Number 20 of 2003 provides a basic framework for national education, but in practice, challenges still arise in the form of disparities in quality between regions, limited facilities, and educator readiness. The Independent Curriculum is one of the latest innovations that emphasizes flexibility, 21st-century competencies, and the Pancasila student profile, although its implementation faces technical and resource constraints. This research emphasizes the importance of consistent education policies, strengthening teacher competencies, and equalizing access and facilities as strategic steps in realizing the national goal of enlightening the nation's life and preparing a generation with character, innovation, and the ability to compete globally.

Salis Azkia; Salwa Salsabila; Fahmi Abdul Mukhsi; Lina Marlina

Jurnal Ekonomi dan Keuangan Islam 2025 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This research analyzes the fundamental conflict between state regulation and Sharia principles regarding cryptocurrency in Indonesia, aiming to explore the views of Islamic scholars and the legal perspective in the Qur'an and its interpretations. Cryptocurrency has become a popular investment trend, especially among the youth. While the Bank Indonesia (BI) prohibits its use as a legal payment instrument, its trading activity is legalized as an investment asset under the supervision of OJK and BI. Conversely, the MUI Fatwa and the majority of scholars declare crypto transactions as forbidden (haram) due to the presence of elements prohibited in Islamic economics: riba (usury) and gharar (uncertainty). Gharar is linked to the extreme price volatility that encourages speculation (maysir) and the non-physical nature of crypto. Riba, on the other hand, is associated with the potential for unfair profit in lending and staking mechanisms. This prohibition is rooted in the interpretation of the Qur'an (QS. Al-Baqarah: 275 and QS. An-Nisa: 29), which strictly forbids riba and consuming others' wealth through bathil (unlawful) means. Consequently, although legally accepted as an investment asset, many scholars view crypto as violating the principles of justice and transparency in Islamic economics.

Ulviana Agustina; Ersa Wiriani Safitri; Melda Anjelia

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2025 International Forum of Researchers and Lecturers

Considering that the millennial generation will continue the life of the nation and state, the millennial generation needs to be made aware of the importance of preserving the country. This will support the country's defense against internal and external, military and non-military threats. Because education helps future generations of young people understand history, values, and dedication to preserving the country, education is very important for national defense. Students can become development agents who benefit society and the nation through education and learning how important it is to maintain national unity. This research will use normative juridical research which takes an approach from legal, phenomenon and ideological perspectives. This article aims to determine the extent to which formal education in Indonesia influences the development of awareness of national defense in the younger generation, explores the factors that influence this understanding and awareness, examines how the national education curriculum is implemented, and provides suggestions for strengthening the education system. The advantages of this work are as follows: it provides an in-depth analysis of how education forms a strong concept of national defense knowledge for the younger generation

Dwi Marlianto

Jurnal Hukum, Administrasi Publik dan Negara 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Legal uncertainty in the implementation of the carbon tax poses significant challenges to Indonesia’s investment climate, particularly in the non-renewable energy sector. This study aims to examine how the postponement of carbon tax implementation, despite the operation of carbon trading instruments, affects foreign investors’ expectations from the perspective of investment law. The research employs a normative juridical (dogmatic) approach combined with a light event study on major policy milestones between 2021 and 2023, including Presidential Regulation No. 98/2021, Ministerial Regulation of Energy and Mineral Resources No. 16/2022, OJK Regulation No. 14/2023, the launch of IDXCarbon, and the announcement of the carbon tax delay until 2025. The findings reveal varied market responses in fossil-based utility firms’ stocks and bonds, indicating the presence of an uncertainty premium. From a legal standpoint, the asymmetric configuration between delayed fiscal instruments and the ongoing non-fiscal instruments potentially undermines the principle of legal certainty under Investment Law No. 25/2007, while also raising risks related to Fair and Equitable Treatment (FET) and legitimate expectations. Nevertheless, the state’s right to regulate remains a crucial foundation for balancing investor protection with the imperative of energy transition. This study underscores the importance of policy consistency and transparency to maintain investment attractiveness and strengthen the legitimacy of Indonesia’s climate regulation.  

Ahmad Yunus; Moh. Jeweherul Kalamiah; Hasbi Ash Shiddiqi

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Cigarette excise crimes are a form of economic crime that significantly impact state revenues, national economic stability, and the market balance of the tobacco industry. This phenomenon not only causes material losses to the state but also has implications for social justice and the economic order of society. This study aims to analyze in depth the characteristics, causes, and implications of cigarette excise crimes from the perspective of economic criminal law and criminology. The research method used is a juridical-normative approach combined with criminological analysis to identify the relationship between social, economic, and legal factors in cigarette excise violations. The results indicate that these crimes are driven by economic motives, regulatory imbalances, weak law enforcement, and low public awareness of excise obligations. Through this analysis, the study emphasizes the need for synergy between criminal law policy, economic oversight, and a criminological approach to create an effective and equitable excise control system in Indonesia.

Igvan Nagif Syahyudin; Moh. Rusdiyanto U. Puluhulawa; Avelia Rahmah Y. Mantali

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study discusses the implications of applying Restorative Justice on legal certainty and the protection of victims' rights in cases involving repeat offenders who have committed serious assault in the jurisdiction of the Tapa Police Sector, Bone Bolango. Normatively, Indonesian Police Regulation No. 8 of 2021, Article 5(e), explicitly prohibits the application of Restorative Justice for offenders who have committed repeat criminal offenses based on court rulings. However, the research findings indicate that in practice, law enforcement officials often exercise discretion to facilitate peaceful resolutions even for repeat offenders, citing the need to maintain social relationships and avoid lengthy litigation processes. This approach raises legal certainty issues, as inconsistencies between written norms and field practices can reduce legal predictability, open the door to discrimination, and weaken both general and specific deterrent effects. From the perspective of victim protection, peaceful agreements in cases involving repeat offenders risk not fully reflecting substantive justice, as victims may be in a vulnerable position due to social pressure or unequal power dynamics. This study concludes that the application of Restorative Justice to repeat offenders needs to be strictly limited through more detailed regulations and effective oversight mechanisms, so that the principles of the rule of law, legal certainty, and victim protection are upheld. Thus, Restorative Justice can remain an important instrument in Indonesia's criminal justice system without compromising legal integrity and public safety.

Riyana Akhsani; Annisa Nur Husna; Nada Fatma; Yunifa Rihhadatul ‘Isyiyah; Ardhita Juliani Ardhani

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This study examines Ahmad Mustain Nasoha’s thoughts on the relationship between the constitution and Islamic law (sharia) within the context of Indonesian citizenship. The interaction between religion and the state in Indonesia has always been a dynamic discourse, particularly in balancing Islamic values as the majority religion with the constitutional principles rooted in Pancasila and the 1945 Constitution. This research employs a qualitative method using a literature review approach to analyze Nasoha’s works and perspectives on integrating Islamic values into the legal and state systems. The findings reveal that, according to Nasoha, Islamic law should not be formalized in a legalistic manner but should function as a moral inspiration and social norm within national life. Through the perspective of legal syncretism, Islamic law, customary law, and national law can be harmonized to create an inclusive and just legal system. Pancasila serves as a meeting point that bridges religious and constitutional principles, allowing Muslims to practice Islamic teachings without conflicting with the constitution. Nasoha’s thought offers a moderate and contextual model of citizenship suitable for Indonesia’s pluralistic society.

Ryan Marala

Jurnal Visi Manajemen 2025 Sekolah Tinggi Ilmu Ekonomi Pariwisata Indonesia Semarang

With the lack of literacy related to money waqf, people do not understand what money waqf is, so that its great potential cannot be optimized. The opportunity for waqf in Indonesia is very large. This is due to the majority of the population being Muslims (Rinawati, 2021).. The purpose of this study is to find out the Optimization of Money Waqf Collection Using a Digital System from the Perspective of Sharia Economic Law (Study Study at the Indonesian Waqf Agency (BWI). The type of research conducted by the researcher is qualitative case studies. Qualitative data is data in the form of words, not in the form of numbers. Qualitative data is obtained through various data collection techniques such as interviews, document analysis, focused discussions, or observations that have been outlined in field notes (transcripts). The results of the research found that legally, there are regulations that allow money waqf, including the fatwa of the Indonesian Ulema Council (MUI) with the provision of distributing money waqf only for things that do not violate sharia and are right on target to people in need. With the digital regulation of waqf that is still common, the mechanism of the digital system in collecting money waqf is still not optimal and is still in the stage of finding a pattern in the collection of digital-based waqf. Then the potential for money waqf is very large and must be optimized. However, the existing potential must also be balanced with innovative programs so that the number of collections is also optimal.