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Talaq is the release of marital ties or the breakdown of marital relations. The Islamic perspective on talaq exists because of the basic instructions for its permissibility in the Koran and hadith, even the ulama agree that Talaq is permissible under certain conditions for a husband who wants to divorce his wife. Talaq is prescribed in Islam but must be done in a certain way and at a certain time, such as divorcing the wife when the wife is pure or when the wife has not been intimate with her before. When divorcing your wifi, you must use regulations that are in accordance with the Talaq criteria. We will write this article to talk about Talaq according to Legal and Social Perspectives in an Islamic context. The purpose of this article is to find out Talaq from a legal and social perspective in an Islamic context and to know the Talaq problem in depth.

This study examines the comparison of inheritance rights of adopted children from the perspective of Islamic law and civil law in Indonesia. The background of the research is the importance of a clear understanding of the legal status of adopted children, given the growing number of couples adopting children because of the inability to have children. The aim of this study is to explain and compare the inheritance rights of adopted children in both legal systems. The method used is normative research with legislative approaches, examining regulations, laws and related regulations. The results of research show that in Islamic law, the adopted child is not entitled to inherit property from the foster parent because there is no national relationship, but can be given property through a will with a maximum of 1/3 of the inheritance. The implications of these findings are the need for harmonization of laws and policies that can provide legal certainty and justice for adopted children in Indonesia, accommodating the differences between the two legal systems.    

Constitution comes from the English Contitution, or the Dutch Contitute, which means basic law. The meaning of constitution in constitutional practice can generally mean that first it is broader than basic law because the meaning of basic law only includes written constitutions in cases still there is an unwritten constitution that is not included in the constitution. Both have the same meaning as the constitution because they only contain written rules. The role of the constitution and the 1945 Constitution in the context of the modern era. The constitution is a document that regulates the structure of government, individual rights, and the relationship between the government and the people. The 1945 Constitution as the Indonesian constitution has a long history and has undergone various changes in adapting to current developments. This article will also discuss the implications of the 1945 Constitution in facing modern challenges such as technology, human rights and globalization. Constitutional research methodology involves a multidisciplinary approach that combines legal, historical, and sociopolitical perspectives. This approach allows for a comprehensive understanding of constitutional principles and their implications in modern times. The study of constitutional law often involves analysis of legal texts, historical context, legal interpretation, and social impact to gain a holistic view of constitutional provisions and their application.

This research aims to determine the prevalence of cases of violence against children based on hadith and law no. 35 of 2014. Violence against children is a serious problem that affects children's welfare and development. This article presents an analysis of violence against children based on the hadith perspective and Law no. 35 of 2014 concerning Child Protection. Through a literature review, this article describes the concept of violence against children according to Islamic teachings as well as the legal perspective regulated in Law no. 35 of 2014. Apart from that, this article also discusses the impact of violence on children and prevention efforts that can be taken from both a religious and legal perspective. It is hoped that this article can provide deeper insight into child protection in the context of violence and provide a basis for efforts to overcome violence against children in society.

Flogging punishment in Aceh has received great attention in the context of law and human rights. This study aims to determine the practice of flogging punishment in Aceh in terms of hadith and Law No.39 of 1999. Through a comparative analytical approach, it examines hadith related to flogging punishment in the context of Islam, especially Islamic history, and compares it with legal provisions. Contained in the Indonesian Human Rights Law No.39 of 1999. The study also examines the practice of corporal punishment in Aceh and its impact on society. The results reveal differences in interpretation of Islamic historical hadith and law enforcement in Aceh, as well as questions regarding adherence to human rights principles. The discussion aims to highlight the challenges and implications from a religious and legal perspective regarding corporal punishment in Aceh. The study provides valuable insights into understanding the complex power relations between religious traditions, positive law and human rights in specific local contexts

In criminal cases, particularly corruption cases, judges have the absolute authority and duty to decide and follow up on these matters. The background of this writing is that corruption is an extraordinary crime that hinders national development and must be prosecuted according to applicable regulations. The issue with this decision is that the judges were not meticulous enough, as they acquitted the defendant despite the defendant's actions causing state losses. An acquittal (Onslag Van Vervolging) means that the suspect or defendant in a corruption case is not subjected to any punishment or sanction.The analysis focuses on the verdict No. 56/Pid.Sus-Tpk/2017/Pn.Kpg, highlighting specific details that deserve further scrutiny. The juridical analysis of this decision will address the formulated issues, namely the basis for the judge's consideration in issuing an acquittal and how the judge should have ruled. The judge's considerations encompass three aspects: Philosophical, Juridical, and Sociological. This juridical analysis will include an understanding of the arguments presented, the legal basis used, and the factors influencing the court's decision to acquit the defendant of all charges. Therefore, in ruling on this case, the judge must ensure the utility aspect so that the defendant is penalized according to the applicable regulations.The method used in this journal is the normative juridical method, employing legislative and conceptual methodologies, providing an analytical perspective on problem-solving from the standpoint of the underlying legal concepts, utilizing data from literature and the internet as sources.Top of FormBottom of Form

Medical tourism has become a significant global phenomenon in recent years, including in Indonesia. This article examines the opportunities and challenges associated with the medical tourism industry from a legal perspective in Indonesia. With the rapid growth of the healthcare sector in the country, more and more international tourists are seeking high-quality medical care while enjoying tourism attractions. However, amidst promising opportunities, complex legal challenges also arise. This journal outlines the legal framework that regulates medical tourism in Indonesia and analyzes its impact on various aspects, such as health regulations, patient rights, medical responsibilities, and consumer protection. In addition, this article discusses issues such as medical service standards, accreditation of health facilities, and the qualifications of foreign medical personnel entering Indonesia. In this context, legal aspects related to licensing, residence permits, and legal action against questionable medical practices become an important focus. Although medical tourism offers great economic potential, this article also highlights challenges that must be overcome, such as gaps in regulatory implementation, protection of foreign patients, and legal risks for health facilities and medical practitioners. An in-depth analysis of legal opportunities and challenges in medical tourism in Indonesia can provide insight for policy makers, legal practitioners and relevant stakeholders to develop a balanced and sustainable framework for advancing this sector.      

One of the hottest issues currently rife in Indonesia is regarding sexual deviations known as LGBT (Lesbian, Gay, Bisexual, and Transgender/Transsexual). LGBT itself in Indonesia is certainly much opposed by society. This research was conducted using the literature study method, an approach that focuses on analyzing existing literature to collect, understand, and evaluate information related to the topics discussed. The results obtained in this study are that LGBT is an activity that is not in accordance with existing laws in Indonesia according to a legal perspective LGBT is deviant, LGBT also spreads many sexually transmitted diseases while the factors that cause someone to become LGBT are genetics, environment and traumatic experiences.    

, Currently medical tourism or commonly known as health tourism is becoming a trend in the world of tourism. The regulations regarding medical tourism in Indonesia were regulated in the Regulation of the Minister of Health of the Republic of Indonesia Number 76 of 2015 concerning Medical Tourism Services. The purpose of this paper is to examine the opportunities and challenges of medical tourism from an Indonesian legal perspective. The method for achieving this goal was normative legal research method. The results of the analysis showed that opportunities for medical tourism in the perspective of Indonesian law, namely Indonesian health regulations do not affect medical tourism behavior through health needs, external environment: government regulations on health tourism and health tourism agents, the implementation of medical tourism hospitals in Indonesia has not run optimally, PMK Number 76 of 2015 regarding Medical Tourism Services as a legal umbrella providing opportunities for medical tourism, plans to develop medical tourism in Indonesia are contained in Law No. 07 of 2017, and Pp No. 02 of 2015, simplification of medical tourism regulations (Perkonsil) No. 92 of 2021, PMK No. 67 of 2013, the medical tourism policy has been updated to empower medical tourism: KP No. 31 of 1998, Law No. 32 of 2004, PMK of the Republic of Indonesia Number 317/MENKES/PER/III/2010. The challenges of medical tourism from an Indonesian legal perspective: no legal accreditation framework and guidelines for emergency clinics, foreign investors must be aware that Indonesia has a series of regulations and restrictions relating to its health industry, the challenges of medical tourism in Indonesia also arise from reflecting on the perspective of state law neighbors, malpractice law in developing countries is weak, in Indonesia developments in the field of law are still not seen as a medium to change the order of people’s lives, medical tourism has cross-border litigation challenges. The health omnibus law as a national legal policy with the hope of achieving the goal of increasing the public health hierarchy in Indonesia was a challenge as well as the best opportunity in the future.  

Motorcycle storage without collateral is a service increasingly popular in dense urban communities. However, it raises various legal questions regarding the responsibilities and risks involved, both for service providers and motorcycle owners. In this study, we analyze the motorcycle storage service without collateral from the perspectives of Islamic law and civil law. From the perspective of Islamic law, the sayings of Prophet Muhammad emphasize the importance of maintaining trust in every transaction, while civil law provides a structured framework through Article 1714 of the Indonesian Civil Code. Although there are differences in approach between these perspectives, there are also important points of convergence regarding the maintenance of trust and justice in every transaction. The implication of this analysis is the importance of understanding and respecting legal principles, both from the perspective of Islamic law and civil law, in providing and using motorcycle storage services without collateral.

The Covid-19 pandemic has had quite a big impact on human life, including in the fields of education, economy, culture and society. Unplanned presence forces the community to adapt to existing changes. Starting from the largest unit, namely the country, down to the smallest unit, namely the family, there are problems being faced due to the Covid-19 pandemic. One of the phenomena that occurred was the increase in Domestic Violence (KDRT), which doubled the number from previous years. Even though the law on the elimination of domestic violence has been formed to address the problem of domestic violence. This research aims to describe the phenomenon of increasing domestic violence during the Covid-19 pandemic from a socio-legal perspective. The research method is qualitative with a literature study approach. Research results show that the increase in cases of domestic violence during the Covid-19 pandemic was caused by large-scale social restrictions, often abbreviated as PSBB, which required victims, namely women or wives, to remain with the perpetrators of violence, namely men or husbands. Economic problems are one of the factors that can give rise to conflict between husband and wife which leads to violence, differences, culture, infidelity, etc. Forms of domestic violence include physical, economic, psychological violence and household neglect. The conclusion from the research is that the Law on the Elimination of Domestic Violence cannot truly eradicate domestic violence because victims often do not report it to the authorities due to the strong patriarchal culture.    

, This research presents opinions on the theme of fraud in buying and selling based on an Islamic perspective and Indonesian positive law, with a focus on Article 493 of the Criminal Code (KUHP). In the Islamic context, honesty and fairness in buying and selling transactions are highly emphasized as an integral part of religious values. On the other hand, Article 493 of the Criminal Code regulates criminal acts of fraud in buying and selling transactions in Indonesia, providing a legal basis for handling cases of fraud in trading activities. A comparative analysis between Islamic views and Indonesian positive law towards fraud in buying and selling reveals similarities and differences in approach and implementation. The implications of these two perspectives are also discussed in the context of legal practice in society.  

This research elucidates the relationship between adultery (zina), Article 284 of the Criminal Code (KUHP), Islamic law, and the teachings of Hadith. Adultery, as a sexual act outside of lawful marriage, is deemed a serious transgression against moral and ethical values within society. Article 284 of the KUHP reinforces the prohibition of adultery and provides a legal framework for its enforcement. Conversely, Islamic law and Hadith teachings offer a strong moral and spiritual perspective on adultery, affirming its strict prohibition and serious consequences for perpetrators. This study also discusses practical measures to avoid adultery and the importance of a holistic approach in addressing this issue within society

Philosophical study of social justice from Plato's thought Throughout the history of philosophy, the topic of justice has been a very important topic. Theoretical thinkers such as utilitarianism, intuitionism, eudaimonism, perfectionism, liberalism, communitarianism, and socialism have discussed this topic. The core of political research from the time of Plato to the present is justice. Questions of fairness cannot be determined by the standards used to determine whether something is fair. Different versions of answers regarding the meaning of justice are often considered unsatisfactory, so they cannot be separated from the debate which ultimately constructs the meaning of justice itself, even into a relative formulation. This problem ultimately encouraged many groups to take an alternative path by returning the meaning of justice to those who set the laws and regulations and to judges who will develop their own considerations. This article will discuss the concept of justice from the perspective of Pre-Christian philosophers, especially Plato. Philosophically, there are two ways of expressing justice: First, the view that justice means harmony between the implementation of rights and the implementation of obligations according to the "balance of law" clause, namely "the scope of rights and obligations". The view of legal experts basically holds that justice is harmony between legal certainty and legal comparability. There are even those who argue that law must be combined with justice for it to truly have legal meaning. This is related to the answer that law is part of human efforts to create ethical coexistence in the world. Only through a just legal system can society live peacefully towards happiness, because the essence of law is to create fair rules in society.                                                                                                                     

This research will discuss the legal analysis of article 338 of the Criminal Code relating to murder, as well as the legal perspective provided by the hadith from Samurah Radhiyallahu'anhu. Article 338 of the Criminal Code is a criminal law provision in Indonesia which regulates murder. In this context, an analysis will be carried out on the legal implications of the article, both in its application and interpretation. Apart from that, this abstract will also discuss the perspective of Islamic law regarding murder based on hadith from Samurah Radhiyallahu'anhu. Hadith is the second source of law in Islam after the Koran and is often a guide in interpreting various legal issues. By analyzing this hadith, we will consider how Islamic law views the act of murder and the factors that influence it. Through this approach, this abstract will present a comprehensive understanding of murder in the context of Indonesian positive law and Islamic law. By considering legal perspectives from these two different sources, it is hoped that we can provide a broader and deeper view of the issue of murder in the legal realm..

This abstract discusses the role of Abu Hurairah's hadith in the context of handling bullying, as well as the relevance of Article 76c of 2014 in modern legal efforts. This research aims to explore the Islamic understanding of hurtful behavior and the way modern law deals with similar cases. Through a text and literature analysis approach, this study dissects Abu Hurairah's views on abusive treatment and its implications in society. Furthermore, legal analysis on Article 76c of 2014 is explored to understand the legal response to bullying. The results demonstrate the complexity of blending religious views with modern law in addressing rapidly changing social issues. The suggestions from this study highlight the need for inter-religious exchange and intrigue in defining successful arrangements in addressing the issue of oppression, incorporating instructive, legal, and social viewpoints.

Extramarital affairs are becoming an increasingly prevalent social phenomenon in the modern era. This research aims to examine the understanding and definition of extramarital affairs in Islam, the concept of extramarital affairs based on Hadith Abu Dawood No. 1692, the sanctions and punishments for the perpetrators, preventive measures for extramarital affairs from an Islamic legal perspective, and its correlation with the provisions of adultery in the Criminal Code of Indonesia (KUHP) Article 284. A qualitative method with a text and content analysis approach is used to conduct this research, as well as a literature study. The research results show that extramarital affairs in Islam are categorized as a major sin that has the potential to damage the harmony of families and society. Hadith Abu Dawood No. 1692 emphasizes the prohibition of extramarital affairs and provides an overview of the sanctions for the perpetrators. Preventive measures for extramarital affairs in Islam include fostering faith and morality, strengthening families, and providing sexual education. The Criminal Code of Indonesia (KUHP) Article 284 regulates adultery with criminal sanctions, but its relevance as a sanction for perpetrators of extramarital affairs still needs to be studied further. This research concludes that Islamic law plays an important role in preventing and addressing extramarital affairs, and its integration with positive law needs to be considered to realize justice and the common good.

This study explores the Islamic legal perspectives on online trading of defective goods, considering hadiths, laws, and comparisons with positive law, in the context of the increasing electronic commerce in the modern world. Findings highlight the seller's obligation to transparency and responsibility for defective goods, as well as the rights of buyers, providing a basis for practical recommendations including enhancing information transparency, forming policy based on Sharia principles, educating business operators and consumers, developing dispute resolution mechanisms in accordance with Islamic law, and implementing technology to improve transparency and compliance. Thus, it is hoped that consumer protection in the context of online trading can be enhanced in line with the moral and ethical principles of Islam, which in turn will support the sustainable development of electronic commerce

Legal protection for children who are victims of domestic abuse is an issue that requires serious attention in the legal system. Children who experience abuse in the domestic environment are vulnerable to long-term physical, psychological and emotional impacts. This article discusses legal protection efforts that can be taken to protect children who are victims of domestic abuse. This research explores the international and national legal framework that regulates children's rights and their protection, and focuses on legal instruments that can be used to address this problem. Through a normative legal analysis approach, this article outlines various steps that can be taken by relevant institutions and authorities to ensure strong protection for children who are victims of domestic abuse. Some of the recommended steps include increasing public awareness regarding children's rights, strengthening cooperation between child protection agencies, the police, and the justice system, as well as expanding the definition and enforcement of laws related to domestic abuse. This article also reviews challenges that may arise in the implementation of legal protection efforts, including underreporting of cases, stigmatization, and imbalances in access to justice. Therefore, integrating a multidisciplinary approach and providing psychosocial support to child victims is also an important focus in overcoming this problem. By integrating legal, social and psychological perspectives, this paper concludes that legal protection for children who are victims of domestic abuse requires a comprehensive approach involving various stakeholders. Only through concerted efforts to strengthen the legal framework and its implementation, and ensure equitable access to justice, can children be effectively protected from the impacts of abuse in the domestic context.

Restitution for child victims of serious criminal abuse is a human right guaranteed under the legislation. Indonesia Child Protection Law explicitly contains provisions regarding special protection for children who are victims of physical violence, established through several measures such as treatment and rehabilitation, psychosocial assistance as well as providing protection and assistance in every judicial process. In line with that, the victimology perspective developed in Indonesia's criminal law system also recognizes the vulnerable position of victims in the law enforcement process, thus requiring further action in the form of restitution for criminal victimization. However, in its implementation, inconsistencies in law application by law enforcers and societal factors often hinder the fulfillment of holistic restitution, which creates injustice for child victims whose rights are only partially fulfilled. Therefore, this research aims to examine the fulfillment of restitution for child victims of serious criminal abuse through the victimology perspective. This study employs a normative juridical methodology with a statutory approach and study case on South Jakarta District Court Decision number 297/Pid.B/2023/PN Jkt.Sel.. The data used in this study is secondary data and analyzed descriptively to provide a concise overview following the progressivity of children's rights protection who are victims of serious criminal abuse under Indonesian law. The findings of this study convey that the implementation of legal protection for child victims of serious criminal offense in South Jakarta District Court Decision number 297/Pid.B/2023/PN Jkt.Sel. by law enforcers has not been fully maximized and complies with the related laws as the main legal basis for the fulfillment of the right to restitution.