Publication Search

70,857 articles from 624 journals · 1,760 citations tracked

Showing 441-460 of 2,307

Analytics

Naiborhu, Yoshua Putra Dinata

DINAMIKA HUKUM 2025 Universitas Stikubank

The absolute nature of moral rights creates practical legal issues. Under the concept of a sales agreement, the ownership of the sold object is transferred from the seller to the buyer. Conversely, the concept of moral rights, as stipulated in Law Number 28 of 2014, dictates that moral rights cannot be transferred for any reason whatsoever as long as the creator is alive. The conceptual and juridical ambiguity arises from the contradictory nature of a copyright and/or copyrighted work sales agreement versus the absolute status of moral rights. The research methodology employed in this study is the normative juridical method. This method focuses on analyzing legal norms related to moral rights and sales agreements, specifically referencing Law Number 28 of 2014 (Copyright Law) and the Civil Code (Kitab Undang-Undang Hukum Perdata). Normatively, the creator's moral rights are perpetual and non-transferable to other parties, in accordance with the mandate of Law Number 28 of 2014, Articles 5 and 57. Nevertheless, within the context of private law, Article 5 of Law Number 28 of 2014 grants the creator the freedom to either maintain or waive these rights. If the agreement is reached consensually, the principle of pacta sunt servanda is applicable between the contracting parties. A clause involving the assignment of moral rights can render the agreement voidable (vernietigbaar) if it involves a violation of the subjective requirements (consent and legal capacity). This is particularly true if the consent was obtained through an abuse of circumstances (penyalahgunaan keadaan). A violation of this requirement indicates that the consent provided by the creator was not free and consensual.

Cahyana Effendi, Muhammad Aldo; Khasanah, Dian Ratu Ayu Uswatun; Pongantung, Ronald Jolly

DINAMIKA HUKUM 2025 Universitas Stikubank

Religious Holiday Allowance is a mandatory worker's right that companies in Indonesia must fulfill as part of their legal responsibilities, which should also extend to online motorcycle taxi  drivers. The platform worker status of online motorcycles taxi, who are typically bound only by work agreements, raises questions regarding their entitlement to this Religious Holiday Allowance. This paper aims to highlight the Circular Letter from the Ministry of Manpower Number M/3/HK.04.00/III/2025, which regulates the provision of Religious Holiday Allowance for online motorcycles taxi in the form of a religious holiday bonus. Using a socio-legal research method, this writing emphasizes the correlation between prevailing laws and regulations concerning the Religious Holiday Allowance for online motorcycles taxi drivers. The research findings indicate that online motorcycle taxi drivers have not comprehensively received their Religious Holiday Allowance rights due to their legal status as partners not being formally recognized within prevailing labor regulations. Furthermore, Circular Letter Number M/3/HK.04.00/III/2025 is non-binding, making the implementation of religious holiday bonus provisions contingent upon the individual policies of each platform company.

Natalia Suzanty; Arianto Arianto; Irwan Musafir; Hardoni Hardoni; Abdul Aziz BSA +1 more

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The Indonesian government has long faced complex armed conflicts, particularly in Papua, involving security forces and Armed Criminal Groups (KKB). This conflict has had a major impact, not only in terms of casualties involving the military and civil society, but also in terms of broader social and political impacts. A more security-oriented approach by the government is often questioned, because on the one hand, it exacerbates human rights violations, creates a negative stigma against the Papuan people, and further limits the space for constructive political dialogue. This ongoing tension has worsened relations between the central government and Papuans, who have long felt marginalized. In addressing these issues, it is important for governments to develop a more holistic approach, by strengthening protection of civil society, increasing transparency and accountability, and opening up space for inclusive dialogue between all relevant parties. A sustainable settlement requires not only security management, but also serious attention to the well-being, rights of the Papuan people, and recognition of their cultural diversity and political aspirations. Going forward, approaches that prioritize dialogue and reconciliation can open up opportunities to achieve a more just and sustainable peace.

Robby Husein; Abdur Rahim; M. Isa Asyrofuddin

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

Human Rights (HAM) are fundamental rights that must be protected by both the state and society. In Islam, human rights are divine in nature, emphasizing justice and equality. Ma’had Al-Zaytun plays a vital role in instilling these values through an educational system aligned with Law No. 39 of 1999 on Human Rights. This study is important to explore the synergy between religion and law in fulfilling human rights. The purpose of this research is to identify the role of Ma’had Al-Zaytun in promoting human rights based on Law No. 39 of 1999 and the principles of Maqasid Shariah. The study uses a descriptive approach with a literature study method. Primary data are obtained from Law No. 39 of 1999 and Jasser Auda’s book Maqasid al-Shariah as Philosophy of Islamic Law: A Systems Approach, while secondary data are collected from journals, theses, dissertations, documents, regulations, and previous research related to the topic. The findings show that Ma’had Al-Zaytun plays a significant role in fulfilling human rights from both the perspective of Law No. 39 of 1999 and Maqasid Shariah. According to the law, Ma’had Al-Zaytun integrates Islamic values and human rights principles into its educational system and daily activities. The rights to life, welfare, religious freedom, education, and respect for others are implemented in daily practice. Meanwhile, from the perspective of Maqasid Shariah, Ma’had Al-Zaytun successfully harmonizes Islamic objectives with human rights principles by ensuring religious freedom, protecting human dignity, and encouraging freedom of thought.

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.

Serlina AtaillaWidya Fatimah; Rosyid Nur Huda; Nafisatul Laila

Jurnal Pendidikan dan Kewarganegara Indonesia 2025 Asosiasi Riset Ilmu Pendidikan Indonesia

This research seeks to examine how changes in citizenship influence the legal validity of marriage, emphasizing both juridical aspects and practical implications. In an era of globalization and increased international mobility, the phenomenon of changing or losing citizenship has become more frequent. The legal consequences of such changes for marital validity represent a crucial area that demands comprehensive analysis, particularly in relation to national and international marriage laws. The study combines an international literature review with empirical data and legal analysis derived from the works of Mr. Mustain, a lecturer at UIN Raden Mas Said Surakarta. Findings reveal that a shift in citizenship can alter the legal standing of a marriage, generate legal ambiguities, and influence family rights such as child custody and inheritance. To address these issues, regulatory harmonization, the proactive engagement of religious authorities, and legal reform at the national level are essential to ensure adequate legal protection for couples undergoing citizenship transitions. Employing a library research method with a qualitative-normative approach, this study analyzes statutory provisions, judicial rulings, and relevant scholarly sources. The findings underscore that citizenship alteration may impact the legality of marriage, particularly when legal systems differ between the country of origin and the newly acquired nationality. In summary, citizenship changes can lead to legal uncertainty regarding marital validity, underscoring the need for legal harmonization and clear protective frameworks for affected couples. This research thus contributes significantly to the discourse on marriage law and citizenship policy development.

Miftah Aulia Ramsen; Zindya Selvia; Fildzah Rosa

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The research titled “Legal Implications of Mixed Marriages between Indonesian Citizens and Foreign Nationals on the Citizenship Status of Minors” discusses the legal consequences arising from marriages between Indonesian citizens (WNI) and foreign nationals (WNA), particularly regarding the determination of the citizenship status of minors. Mixed marriages often create legal complexities due to differences in citizenship systems between countries, which affect the rights and legal standing of children. The research problems focus on two main issues: how Indonesian positive law regulates the citizenship status of children born from mixed marriages, and how the state provides legal protection for such children. This study employs a normative legal research method with a statutory approach, analyzing relevant laws, doctrines, and court decisions. The results show that although Law Number 12 of 2006 on Indonesian Citizenship has improved the previous system by recognizing limited dual citizenship for children, its implementation still faces several obstacles. Complicated bureaucracy, a lack of understanding among officials, and persistent discriminatory practices remain major challenges. Therefore, it is necessary to reform the legal framework and administrative system of citizenship management to ensure that the principles of non-discrimination and the best interests of the child are effectively and fairly realized.

Muhammad Khaidir Kahfi Natsir; Dwight Nusawakan; Annisa Fitriah Mudassir; Abdul Malik Mufty

Jurnal Pengabdian dan Keberlanjutan Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Strengthening the capacity of Micro, Small, and Medium Enterprises (MSMEs) is a crucial step in enhancing competitiveness and sustainability in Indonesia, especially in rural areas such as Doyo Baru Village. Many MSME actors in this village face difficulties in understanding and fulfilling the legal aspects and permits required to operate their businesses legally and effectively. This research aims to provide comprehensive legal assistance to MSME actors, focusing on understanding regulations, licensing processes, and consumer rights. The methodology used in this research is a participatory approach that includes training, group discussions, and individual consultations. The results of this activity show a significant increase in the understanding of legal and licensing aspects among MSME actors, with 80% of participants reporting improved knowledge and confidence in facing legal challenges. Additionally, participants have started to apply the knowledge gained in their daily practices, such as business registration and consumer protection. The conclusion of this research emphasizes the importance of ongoing support for MSMEs to adapt to regulatory changes and improve their competitiveness in the market. It is hoped that this legal assistance program can serve as a model for other regions in efforts to empower MSMEs.

Grace Claudia Valerina Saragih; Kevin Cornelius Manurung; Mhiranda Theresia Sitorus; Syuratty Astuti Rahayu Manalu

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

The distribution of inheritance is an important issue in Indonesian society which adheres to a plural legal system, namely Islamic law, customary law, and western civil law. One of the issues that often raises differences of opinion is the position of biological children and adopted children as heirs. In Islamic law, the right to inherit is based on the relationship of the nasab so that the biological child gets a clear share, while the adopted child does not have the right to inherit but can still be given a share through a grant or obligatory will. In contrast, Toba Batak customary law emphasizes the patrilineal principle, whereby sons, including legitimate adopted children through mangain customary ceremonies, are positioned as the successors of the clan and are entitled to inheritance except hereditary inheritance. This study uses a literature study method by examining literature related to Islamic law and Batak Toba customary law and qualitatively analyzed. The results of the study show that the difference in principles between these two legal systems gives birth to social and legal conflicts in the Batak Muslim society, especially when religious and customary values must be carried out together. However, opportunities for harmonization remain open through the application of the principle of justice that recognizes the position of adopted children in customary structures, as well as upholding sharia by granting rights through the mechanism of compulsory wills. These findings emphasize the need for an integrative approach in resolving inheritance disputes in order to create legal certainty, social justice, and maintain cultural and religious harmony.

Veronica Piqe Febeline; Valerie Celine

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of digital technology has transformed children’s patterns of interaction through online games, which serve both as entertainment and transactional spaces. As digital consumers, children are entitled to protection equal to adults, yet they remain vulnerable to risks such as inappropriate content, fraud, data manipulation, and exploitation. Despite the existence of legal frameworks like the Consumer Protection Law, the Child Protection Law, and the Electronic Information and Transactions Law, this study reveals that these laws do not specifically address children as a vulnerable group in the digital environment. This research employs an empirical normative approach to highlight the shortcomings of current regulations. Given the rapidly growing use of digital platforms by children, stronger regulatory measures, greater parental involvement, and increased responsibility from platform providers are essential to ensure the fulfillment of children’s rights and provide adequate protection in the digital space. These findings emphasize the need for comprehensive legal reform to safeguard children’s digital rights.

Siti Zahra Siagian; Parlaungan G. Siahaan; Dewi Pika L. Batu; Alissa Putri Simbolon; Devi Permata Br. Bangun +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the application of criminal procedural law in resolving narcotics crime cases at the Binjai District Court, focusing on compliance with the due process of law principle and the protection of the defendant’s rights. The research employs an empirical juridical approach through direct observation (field research) of case Number 200/Pid.Sus/2025/PN Bnj involving the defendant Novri Syahputra, who was charged as an intermediary in the sale and purchase of Class I narcotics (methamphetamine) weighing 40.81 grams net. Data were collected through direct observation of the trial proceedings and examination of relevant legal documents, including the Criminal Procedure Code (KUHAP) and Law No. 35 of 2009 on Narcotics. The findings indicate that the implementation of procedural law at the Binjai District Court was consistent with the provisions of KUHAP, covering all stages from the reading of the indictment, witness examination, evidence presentation, to the final judgment. The panel of judges demonstrated professionalism and independence while considering both aggravating and mitigating factors. However, rehabilitative and humanistic approaches have not been fully incorporated into the court’s consideration, as the sentencing remains predominantly deterrent-oriented. The study concludes that, while the formal procedural aspects of criminal procedural law have been effectively implemented, there remains a substantive need to strengthen restorative and rehabilitative justice values in future narcotics case policies.

Mohammad Abdul Hakim Amrulloh

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

This study aims to analyze the legal consequences of land rights transfer in disputed objects using a normative legal research method. Issues related to the transfer of land rights often give rise to legal disputes between interested parties, particularly when the transfer process does not comply with the prevailing agrarian laws and regulations. This research employs both the statutory approach and the conceptual approach to examine relevant legal provisions in depth, such as Law Number 5 of 1960 concerning the Basic Agrarian Principles (UUPA) and Government Regulation Number 24 of 1997 concerning Land Registration. The data were obtained from primary, secondary, and tertiary legal materials and analyzed qualitatively, emphasizing legal interpretation and expert doctrines. The findings reveal that any transfer of land rights carried out without proper legal procedures, both administratively and substantively, may result in legal consequences such as null and void transactions, ownership disputes, and even the annulment of land certificates by the court. Furthermore, it was found that the principles of legal certainty and legal protection for landowners are often neglected due to weak law enforcement and administrative irregularities in land affairs. This study emphasizes the importance of applying the principles of legality and prudence in every land rights transfer process to ensure legal certainty and justice for all parties involved in disputes.

Nashifa Tsarwa; Ahmad Fadhil Ubaidillah; Jeremia Hamonangan Siagian

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

The concept of “urgent violation” as regulated in Article 52 paragraph (2) of Government Regulation No. 35 of 2021 introduces a new ground for employment termination (PHK), granting employers the authority to unilaterally terminate workers. However, this provision lacks a clear definition and objective parameters, creating legal uncertainty and potential misuse. This study employs a normative juridical method with a descriptive-analytical approach through literature review of legislation, Constitutional Court decisions, and labor law literature. The findings indicate that the clause on “urgent violation” often emerges from unequal bargaining positions between employers and workers, thereby failing to fully satisfy the principle of consensualism as a requirement for valid agreements. Substantively, this provision resembles the “serious misconduct” norm under Article 158 of the Manpower Law, which was annulled by the Constitutional Court through Decision No. 012/PUU-I/2003 for violating the presumption of innocence and workers’ constitutional rights. Consequently, the regulation on “urgent violation” risks repeating the same legal shortcomings and contradicts the spirit of labor law, which emphasizes that termination of employment must be avoided and only used as a last resort (ultimum remedium), as affirmed in Article 151 of the Manpower Law.

M. Ilham Wira Pratama; Nelly Astuti; Rendi Rendi

Jurnal Pengabdian Sosial dan Kemanusiaan 2025 Lembaga Pengembangan Kinerja Dosen

This activity aims to encourage the economic independence of Micro, Small, and Medium Enterprises (MSMEs) by optimizing local potential in Kepoh Village, Toboali District, South Bangka Regency. The outreach activities were conducted by collecting primary data through observation, interviews, and documentation regarding the condition of MSMEs and the village's superior potential, including the marine and fisheries, plantation, and mining sectors. The data obtained showed that the majority of MSMEs in Kepoh Village are engaged in the food trade and home industries, with varying income levels, ranging from Rp. 150,000 to Rp. 30,000,000 per month. In addition, the village's abundant potential, such as fisheries with an average production of 16.5 tons, plantations with various commodities, and tin mining resources, presents a great opportunity to support the development of local MSMEs. Through this outreach activity, MSMEs are encouraged to increase their business capacity, utilize local potential sustainably, and understand the importance of protecting Intellectual Property Rights (IPR) as a marketing strategy and to increase competitiveness. This counseling is carried out to provide a positive contribution in providing knowledge, motivation, and more innovative business management strategies starting from product marketing strategies both in economic and legal aspects as well as the urgency of business legality, so as to strengthen the economic independence of MSME actors and support the inclusive economic development of Kepoh Village

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.

Siti Nabila Salmaa; Muhamad Amirulloh; Tasya Safiranita

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The commercialization of songs through music concerts organized by third parties is a form of commercial exploitation of works. However, this practice often harms creators because songs are used without the payment of royalties. The case of Agnez Mo against Ari Bias is a clear example of the neglect of copyright as the exclusive right of the creator, while singers only have a position through related rights. This study aims to analyze the legal status and relationship between creators and singers, including the responsibilities of singers in music concerts based on Law Number 28 of 2014 concerning Copyright. The methods used are normative and empirical legal methods, with data collection from primary, secondary, and tertiary legal materials, as well as interviews, which are then analyzed normatively and qualitatively. The results of the study show that the legal relationship between creators and singers is reciprocal, but creators have a higher position in accordance with the alter ego principle and personality theory. Singers, based on the principle of good faith, the theory of responsibility, and the principle of suum cuique tribuere, are obliged to respect the rights of creators.

Novenia Cecilia Nadeak; Nayla Hasana

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

Forced marriage of children as debt repayment is an exploitative practice that violates human rights principles and child protection as stipulated in the 1945 Constitution, the Child Protection Law, and the Sexual Violence Criminal Law. This study uses a normative juridical method with a legislative and conceptual approach to examine legal views on the position of children in debt repayment, the relationship between unregistered marriages and forced marriage, and the forms of legal protection that can be provided to victims. The results of the analysis show that children cannot be used as objects of debt repayment because they are not included in the category of property according to the Civil Code, while the practice of unregistered marriage, which is often used as a shortcut, is not recognized by positive law. Forced marriage of children is classified as a form of economic and sexual exploitation that is subject to criminal sanctions. Therefore, it is necessary to limit the grounds for marriage dispensation, prohibit unregistered marriages for minors, and strengthen the implementation of regulations and public awareness campaigns to ensure the protection of children's rights and prevent similar practices in the future.

Maulana Ira

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

This paper discusses the existence and position of customary law in Aceh, which has long grown and developed within the Acehnese community, as well as its recognition within the national legal system. The 1945 Constitution recognizes the existence of customary law communities and their traditional rights, as stated in Article 18B (2), which indicates the special and unique position of customary law within Indonesia's legal system. In Aceh, the position of customary law is clearly visible, especially since the enactment of Law No. 11 of 2006 on the Governance of Aceh, which further strengthens the position of Acehnese customary law in the national legal system. The recognition of customary law in the Indonesian constitution is expected to have a positive impact on the sustainability of customary law’s existence in Aceh and across Indonesia. Customary law in Aceh, with its various implementations, has become an inseparable part of the country's legal structure and the culture of the Acehnese people. Therefore, it is hoped that the recognition and protection of customary law will continue to evolve, creating a balance between customary legal norms and national law.

Yokhebed Arumdika Probosambodo; Josef Purwadi Setiodjati; Ayu Kumala Sari Hamidi

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

The phenomenon of Indonesian migrant workers reflects a critical nexus between labor migration, international law, and sustainable development. Indonesia is among the world’s largest labor-sending countries, with millions of its citizens employed abroad, particularly in the Middle East and Asia. Remittances from migrant workers provide substantial economic benefits for the state and households, yet these workers often face systemic vulnerabilities including exploitation, discrimination, and inadequate legal protection. This article examines the extent to which international law and Indonesia’s national legal framework safeguard the rights of migrant workers while contributing to the realization of Sustainable Development Goal (SDG) 8: Decent Work and Economic Growth. International instruments such as the 1990 International Convention on the Protection of the Rights of All Migrant Workers and their Families (ICRMW) and relevant ILO conventions provide comprehensive standards, but their effectiveness is constrained by limited ratification from key receiving states. At the domestic level, Indonesia has enacted Law No. 18 of 2017 on the Protection of Indonesian Migrant Workers (UU PPMI), which represents a shift toward state responsibility and alignment with international human rights norms. Nevertheless, implementation challenges ranging from weak enforcement and bureaucratic overlap to insufficient diplomatic support abroad remain significant. The findings suggest that while Indonesia has made normative progress, practical protection is hindered by governance gaps and lack of cooperation from host countries. Strengthening enforcement, regional collaboration, and worker empowerment are crucial to ensuring that Indonesian migrant workers achieve genuine “decent work” as envisioned by SDG 8.

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.