Publication Search

63,163 articles from 507 journals · 1,579 citations tracked

Showing 41-60 of 137

Analytics

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.

Masagus Firdaus; Bukman Lian; Tri Widayatsih; Tahrun Tahrun; Mulyadi Mulyadi +5 more

Jurnal Kemitraan Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

Copyright protection is a crucial aspect in providing legal recognition and guarantees for intellectual property. However, understanding of copyright among educators and students remains limited, potentially leading to violations and a lack of appreciation for copyrighted works. This situation highlights the urgent need for comprehensive education in educational settings, particularly at MA Tijarotal Lantabur. This community service activity aims to improve teachers' and students' understanding of the concept of copyright, the benefits of registration, administrative procedures, and the legal protection provided by the state. Furthermore, this activity is expected to foster awareness of respect for intellectual property and encourage independent copyright registration initiatives. The methods used were interactive lectures, group discussions, and online copyright registration simulations through the Directorate General of Intellectual Property (DJKI) system. The material was delivered in simple and applicable language to ensure participants' understanding. Evaluation was conducted by comparing participants' understanding before and after the activity. The results of the activity showed a significant increase in participants' understanding of copyright concepts and procedures. Participants not only understood the benefits of legal protection for intellectual property but were also able to practice the registration steps independently. Furthermore, a collective awareness emerged to disseminate the acquired knowledge to colleagues and the school environment. Overall, this activity succeeded in increasing legal literacy regarding copyright among teachers and students, and is expected to be able to form a culture of respect for intellectual works while minimizing copyright violations in the educational environment.

Gilang Ramadhan

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

Free trade provides significant opportunities for developing countries to increase exports, expand market access, and drive economic growth. Through engagement in global markets, products and services can reach a wider range of consumers, creating the potential for increased national income. However, global economic integration also presents serious challenges, particularly in terms of the protection of Intellectual Property Rights (IPR). As national boundaries in economic activity become increasingly blurred, intellectual property—including patents, trademarks, industrial designs, copyrights, and trade secrets—becomes increasingly vulnerable to infringement. Common forms of infringement include piracy, counterfeiting of branded products, and theft of technology or innovation. These practices not only harm creators or rights owners but can also hinder the development of innovation, reduce industrial competitiveness, and undermine consumer confidence. Adequate IPR protection requires a combination of strong national regulations and an effective international legal framework. Instruments such as the TRIPS (Trade-Related Aspects of Intellectual Property Rights) Agreement under the WTO provide global standards to which compliance must be adhered, but implementation at the national level is crucial for their success. Weak or inconsistent law enforcement can open the door to violations that harm both domestic and foreign businesses. Beyond legal aspects, effective IPR protection also impacts the investment climate. Investors tend to invest in countries that can guarantee the security of their intellectual assets. Therefore, IPR protection is not only a legal issue but also a long-term economic development strategy. Therefore, in the era of free trade, developing countries need to balance market openness with strengthening IPR protection systems to create a conducive environment for innovation, sustainable economic growth, and public welfare.

Ridwan Anthony Taufan; Azis Budianto

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Ownership rights to houses and buildings are the highest form of ownership recognized in the land law system in Indonesia. The legality of this ownership right is vital to ensure legal certainty for the owner and prevent potential disputes that may arise due to unclear ownership status. The study analyzes the legal aspects of ownership rights to houses and buildings, including the legal basis, acquisition procedures, and legal protection mechanisms available to the owner. In addition, this study also examines various problems that often arise in the ownership of property rights, such as overlapping certificates, ownership conflicts, and legal implications in the process of transferring rights. The analysis uses a normative legal method with a conceptual and statutory approach. The Basic Agrarian Law (UUPA), Government Regulations, and Regulations of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency (ATR/BPN) are among the regulations that control ownership rights to land and buildings. The statutory approach is carried out by examining these regulations. Meanwhile, the conceptual approach is applied to examine the concept of ownership in land law and the underlying legal principles. The data used in this study are sourced from literature studies, including legal literature, academic journals, and official documents related to land regulations in Indonesia. The results of this study are expected to contribute to a more comprehensive understanding of the legality of ownership rights to houses and buildings, as well as being a reference for landowners, legal practitioners, and the government in managing the legal aspects of land and building ownership. With firmer legal certainty, it is hoped that a more transparent and equitable land system can be created for all interested parties.

Reza Aulia Qusnul Khotimah

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

A child who becomes a victim of a criminal act, often referred to as a child victim, is one who experiences physical, psychological suffering, and/or loss of property due to a criminal act. In the case of children who are victims of sexual violence, it is not limited to physically healthy children, but also includes children with disabilities, whether physical, mental, or intellectual. These child victims have the right to restitution, which is a form of compensation for the harm and losses they have suffered. This study aims to identify the challenges faced by child victims of sexual violence and explain how the restitution process can be implemented within the context of Indonesian law. The author applies a normative research method and gathers data through literature review. The data obtained comes from legal regulations, court rulings, books, and relevant internet sources. The findings of this study indicate that restitution is a right granted to victims as a form of accountability from the perpetrator for their actions. Restitution aims to provide compensation for the victim’s suffering and loss, both materially and psychologically. However, several obstacles to fulfilling the right to restitution for child victims were identified. One of the main obstacles is the lack of understanding from the victim's family regarding the importance of restitution. Often, the victim’s family is unaware that they have the right to request restitution as part of the legal process. Additionally, inadequate cooperation between law enforcement and related institutions is another barrier to fulfilling the right to restitution. The lack of coordination between agencies in handling child sexual violence cases leads to delays in the restitution process. Therefore, it is crucial to raise awareness among the families of victims and improve cooperation between law enforcement, child protection agencies, and other related parties to ensure that the right to restitution is properly fulfilled.

Ade Maulia Cahyani; Aditya Catur Pamungkas; Galuh Rizky; Isyana Alif Marthani; Ribka Yuniar +2 more

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

The palm oil industry is a vital component of Indonesia's economy, significantly contributing to foreign exchange earnings and employment opportunities, particularly in rural and plantation-based regions where economic alternatives are limited. However, the sector is increasingly challenged by global sustainability concerns, particularly the European Union Deforestation Regulation (EUDR), which poses a threat to Indonesia’s palm oil exports due to its strict environmental standards and traceability requirements. This study adopts a descriptive qualitative approach using a literature review to explore the role of innovation and legal protection in strengthening the sustainability and global competitiveness of Indonesia’s palm oil industry. Specifically, it investigates how the development of superior plant varieties and the application of Plant Variety Protection (PVP) under the Intellectual Property Rights (IPR) framework contribute to long-term industry resilience. The findings indicate that superior varieties such as DxP Topaz, DxP PTPN V, and Lonsum DxP have been instrumental in boosting productivity, reducing the need for land expansion, enhancing oil yield per hectare, and improving overall resource efficiency. Moreover, legal protection through PVP not only secures exclusive rights for breeders but also incentivizes further agricultural innovation and prevents the unauthorized use and duplication of valuable genetic resources. In light of international regulatory pressures, strengthening the national PVP system, promoting the registration of local superior varieties, and integrating legal instruments with research and development are essential. These efforts can safeguard Indonesia’s genetic sovereignty and support sustainable practices in compliance with international environmental standards. Ultimately, aligning agricultural innovation with a robust legal framework is key to maintaining the industry’s market access, environmental credibility, and long-term sustainability.

Putra Rezki Dewanto

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

This study aims to determine the implementation of plant variety protection in Australia. This article will discuss how Australia implements the TRIPs Agreement to provide protection for all technologies, products, pharmaceuticals, plants, and microorganisms that can be patented through Plant Breeder's Rights (PBR). There are three types of intellectual property obtained in the context of plant varieties, namely patent rights, trademark rights, and plant breeding rights. The purpose of protection through PBR is to encourage innovation in plant breeding by granting limited exclusive rights to control its exploitation and prevent unauthorized parties from illegally exploiting the rights of breeders. The research method used in this study is normative law research, employing a statutory approach and an analytical approach.

Azka Ridho Syahputra; Rika Ratna Permata; Ranti Fauza Mayana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Trade Secrets are a form of Intellectual Property that provide protection for confidential information owned by a legal subject. While Trade Secret protection offers benefits for individuals in running a business, it can also be misused to conceal legal violations. This research aims to identify how Trade Secret regulations in Indonesia provide protection for individuals who disclose Trade Secrets in the public interest, as well as to examine the urgency of such regulation by comparing the provisions of the Indonesian Trade Secret Law with Directive (EU) 2016/943. This study employs a normative juridical method with a comparative approach. The researcher conducts a literature study by comparing the Indonesian Trade Secret Law with Directive (EU) 2016/943 and relevant legal theories. The results show that the current regulation of whistleblowing on Trade Secrets for the public interest in Indonesian positive law remains very limited. There is an urgent need to expand protection for individuals who disclose Trade Secrets in the public interest. Indonesia may use Directive (EU) 2016/943 as a reference to broaden the provisions of its Trade Secret Law, in order to ensure the protection of public interest without disregarding the rights of Trade Secret holders.

Teuku Ikhlasul Mufti; Ilyas, Ilyas; Adwani, Adwani

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Article 19 paragraph (1) of Law Number 5 of 1960 concerning Basic Agrarian Principles "To ensure legal certainty by the government, land registration is carried out throughout the territory of the Republic of Indonesia according to the provisions regulated by government regulations". In fact, there are still many waqf lands that have not been registered with the National Land Agency (BPN), causing weak protection and legal certainty for waqf lands in Indonesia. This research uses normative juridical methods with regulatory and conceptual approaches. The results show that waqf land that is not registered with the national land agency has a weak position before the law, although religiously the waqf land that has been pledged is valid in sharia, but without official administration at the national land agency, the legal protection of waqf land is weak. The legal consequences of waqf land that is not registered with the national land office make the status of the waqf land still the previous property, because land registration is an administrative obligation that must be fulfilled to obtain legal certainty that is recognised in positive law by being registered with the National Land Agency. By not registering with the National Land Agency in accordance with the provisions of the law, the status of waqf land has not been registered as waqf asset land. It is recommended that the National Land Agency continue to socialise the importance of waqf land certificates and cooperate with the Indonesian Waqf Board and the Religious Affairs Office in its registration. It is also suggested that a regulation be made requiring nadhirs to report on waqf practices in the village every six months to record unregistered waqf land.

Nurdin, Rahmatullah; Ulama, Keyshandrina D.; Moonti, Roy Marthen; Kasim, Muslim A.

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

Traditional Cultural Expressions (TREs) are an important part of national identity and intangible cultural heritage that live in indigenous communities in Indonesia. In the midst of globalization and increasing cultural claims by other countries, the urgency of legal protection for TREs is becoming increasingly relevant and strategic. This article aims to examine the effectiveness of legal protection for TREs in Indonesia and to formulate strategies for strengthening protection at the national and international levels. This study uses a juridical-normative approach with literature study techniques and qualitative analysis of laws and regulations, international conventions, and case studies such as Reog Ponorogo and batik. The results of the study indicate that existing legal protection is still limited and has not been able to answer the complexity of cultural claim problems. Harmonization of national law with international standards and collaboration between parties are needed to strengthen Indonesia's legal position in protecting TREs. This study contributes to the development of more responsive and sustainable cultural policies.

Indah Purbasari; Febri Khoirul Auni; Moh. Rudi Fajar

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The resolution of joint property disputes after divorce is a significant issue in Islamic family law in Indonesia, as it pertains to justice and legal protection for former spouses. One available alternative for settlement is through a Peace Deed (Akta Perdamaian), which results from the parties’ agreement and is ratified by the religious court judge. This study employs a qualitative approach using a case study method on the Decision of the Religious Court of Surabaya No. 1700/Pdt.G/2025/PA.SBY. The findings show that the Peace Deed is an effective instrument for resolving joint property disputes quickly, efficiently, and without prolonged litigation. Professionally conducted mediation plays a crucial role in reaching a fair and balanced agreement. Moreover, the court’s ratification of the agreement grants the Peace Deed binding legal force and allows for execution in case of non-compliance. This mechanism also helps reduce post-divorce emotional conflict and maintains good relations between parties. This study illustrates how the Peace Deed can serve as an alternative solution for resolving joint property disputes and offers recommendations for courts to optimize the role of mediation and expand public awareness about the benefits of dispute resolution through peaceful agreements.

Eka Sakti Panca Indraningsih; Hedwig Adianto Mau; Mardi Candra

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

The use of materials in health research requires a binding instrument to regulate the distribution of benefits. Material Transfer Agreement (MTA) is an essential material transfer agreement, allowing the management of the transfer through negotiation until a mutually beneficial agreement is reached. In addition, MTA functions as a contract that protects the rights of the parties involved and ensures compliance with regulations, based on the theory of legal protection and authority. This study uses a normative legal method with a statutory and conceptual approach. The collection of legal materials is carried out through the identification of positive legal rules, as well as examining primary, secondary, and tertiary sources. The data is then analyzed from the identification of legal facts to drawing conclusions. The results of the study show that MTA regulations in Indonesia are comprehensively regulated by various levels, including Law Number 17 of 2023 concerning Health (Article 340 paragraph 3), Law Number 11 of 2019 (Article 76 letter h and Article 77 paragraph 1), Government Regulation Number 28 of 2024 (Articles 972, 1025–1031), and Regulation of the Minister of Health Number 85 of 2020 (Articles 4, 5, 6, 7, 9, 14, 15, and 16 paragraph 1). These national legal frameworks complement each other to ensure procedural certainty, biosafety, benefit sharing, protection of intellectual property rights, and sanctions for violators in the transfer of health materials. Although its implementation faces preventive and repressive challenges, MTA has proven essential in bridging national and commercial interests, increasing the capacity of science and technology, and protecting the sovereignty of Indonesia's genetic resources.

Adri Sadewa Sirait; Berkat Perjuangan Ndruru; Roy Nanda Kesuma; Bambang Fitrianto

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

Trade secrets are an important part of Intellectual Property Rights (IPR) that play a strategic role in maintaining a company's competitive advantage. Protecting information that is not generally known, has economic value, and is kept confidential is very important, especially in the midst of globalization and technological advances that increase the risk of information leakage. Law No. 30 of 2000 concerning Trade Secrets is the main legal basis in Indonesia, in line with international agreements such as WTO/TRIPS. This research uses normative juridical methods to analyze trade secret legal protection, including based on property rights theory, contract theory, and tort theory. In addition, the role of employment contract clauses that regulate obligations to maintain confidentiality and prohibitions on working for competing companies after termination are discussed as preventive strategies. This research confirms the importance of awareness and concrete legal steps from business owners to protect their trade secrets effectively.

Arhaj, Muhammad Fiqhri; Nasibah, Asri Aryanti; Aisyah, Siti Nur; Ajijah Nugraha, Nabila Zahran; Putri, Melva Adinda +1 more

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

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

Fachri Hafizd Selian; Muthia Sakti; Iwan Erar Joesoef

International Journal of Law and Civil Affairs 2025 International Forum of Researchers and Lecturers

This study examines the transfer of trademark rights as a means of debt settlement in corporate bankruptcy proceedings, using the bankruptcy case of PT Nyonya Meneer as a case study. The main issue addressed is how trademarks, as intangible intellectual property with high economic value, can be used as debt settlement assets during bankruptcy. This research employs a normative legal method with statutory and conceptual approaches, supported by a review of relevant court decisions. The analysis focuses on the relationship between the provisions of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payment Obligations and Law No. 20 of 2016 on Trademarks. Trademarks may be transferred or sold to fulfill the debtor's obligations. Theoretical foundations include the Creditors’ Bargain Theory (Thomas H. Jackson) and the principle of wealth maximization (Richard A. Posner), emphasizing collective settlement and asset value optimization. The findings reveal that trademark transfer in bankruptcy is not explicitly regulated, creating a legal gap that affects the effectiveness of debt settlement and the protection of creditors’ rights. In the PT Nyonya Meneer case, the trademark despite its potential as a debt settlement instrument was not utilized optimally. Therefore, direct transfer of trademarks to creditors as a form of debt payment can be seen as an alternative solution, provided it is conducted under the principles of justice, legal certainty, and efficiency. This study recommends further regulation on the management and transfer of intellectual property within the bankruptcy regime to address the challenges of modern business practices.

Aina Mulia Rizky; Parlaungan Gabriel Siahaan; na Diva Ivan De La Pena Ginting; Desi Marlina Sidabutar; Nazwa Clarissa +1 more

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

This study discusses the legal consequences of the absence of a marriage agreement on marital property according to the Indonesian legal system, especially based on the Civil Code and the Marriage Law No. 1 of 1974. By default, the absence of a marriage agreement leads to the enactment of a system of property union, in which all property acquired during the marriage is considered joint property. This condition has various legal implications, such as the vulnerability of personal property to third-party claims, difficulties in proving ownership of inherited property, and potential conflicts in the division of property in the event of divorce or death of one of the spouses. This study also highlights the difference in the regulation in Islamic law that does not recognize the automatic union of property, but still has the potential to cause disputes if there is no written agreement. The research method used is empirical normative with a qualitative approach, examining positive legal provisions and practices that develop in society. The results of the study show that low public understanding and negative stigma towards marriage agreements are the main factors in the low making of these agreements. The Constitutional Court Decision No. 69/PUU-XIII/2015 which allows the making of agreements during the marriage period expands legal protection, but its implementation still faces challenges. This study recommends the need to increase legal education and socialization on the importance of marriage agreements to provide certainty and fair legal protection for the parties in the institution of marriage.    

Indra Hendrawan; Dimas Yanuarsyah; Atik Winanti

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

One of the special aspects of Intellectual Property (IP) is Economic Rights, namely the right to obtain economic benefits from intellectual property. The creation of economic value shows that IP is one of the objects of trade that plays an important role in the development of a nation. As part of Intellectual Property, Geographical Indications are a trading tool that can provide benefits for producers, consumers, and the community in identifying products and providing quality assurance, avoiding fraudulent practices, helping the development of local producers, and supporting the preservation of nature and traditional knowledge. To carry out optimal IPR protection, a comparison needs to be made with practices that have been running so far, in this case a comparison will be made with practices in Malaysia. This research method uses a descriptive qualitative approach by collecting data from various sources. This research will use a conceptual/theoretical approach and a comparative approach. This research will determine the country's strategy to protect intellectual property in Indonesia and Malaysia and determine an effective model in protecting Geographical Indications. Thus, this research produces a deep understanding of the protection of Geographical Indications, highlighting the successes and challenges in increasing success related to intellectual property.

Ismarini Della Purnama; Muhammad Arya Azra; Renofadli Rizkisyah; Atik Winarti

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

This study examines the protection of trade secrets in the framework of Intellectual Property Rights (IPR) by conducting a comparative study between Indonesia and Malaysia. Trade secrets are a form of intellectual property that has significant economic value for business actors but often receives inadequate attention compared to other forms of IPR. This research focuses on two main problems: first, the comparison of the legal framework for the protection of trade secrets in Indonesia and Malaysia in the context of Intellectual Property Rights; and second, the role of IPR-related institutions in both countries in providing protection for trade secrets. The research method used is normative legal research with a comparative approach and a statute approach. The data used are in the form of primary legal materials in the form of laws and regulations related to IPR in Indonesia and Malaysia, as well as secondary legal materials in the form of literature and scientific journals. The results of the study show that there are significant differences in the legal framework for the protection of trade secrets between Indonesia, which adopts  a civil law system  with special codification through Law No. 30 of 2000, and Malaysia, which applies a common law approach  with a combination of court precedents and statutory law. In addition, there are differences in the roles and functions of IPR-related institutions in the two countries in providing protection for trade secrets, especially in terms of registration, law enforcement, and dispute resolution. The study concludes that despite differences in approaches, both Indonesia and Malaysia recognize the importance of trade secret protection within the framework of IPR, with Malaysia tending to have a more comprehensive protection system based on common law practices. Based on the findings of the study, it is recommended that Indonesia can adopt some positive aspects of Malaysia's trade secrets protection system, especially in terms of harmonizing the role of relevant institutions and strengthening law enforcement mechanisms.

Salsabila Putri Nadira; Djanuardi Djanuardi; Betty Rubiati

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA) often give rise to legal issues, particularly in divorce cases involving the division of marital property. A key challenge arises from the restriction on land ownership for foreign nationals under the Basic Agrarian Law. This study examines Decision Number 146/Pdt.G/2021/PA.Dps, in which an Indonesian wife was accused of extortion against her foreign husband in the context of a mixed marriage divorce. Using a normative juridical method and a descriptive-analytical approach, the study finds that the wife’s act of withholding her husband’s documents does not constitute extortion, but rather a form of self-protection due to the husband's failure to provide financial support. The findings emphasize that the division of marital assets in mixed marriages must consider the provisions of the Marriage Law, the Compilation of Islamic Law for Muslim couples, and the Basic Agrarian Law, especially regarding land ownership by foreign nationals. Therefore, resolving property disputes in mixed marriages requires a careful legal approach to ensure compliance with applicable laws.  

Laila Fitria; Devita Azwi Nurrahma; Albi Wahyu Ramadhan; Fitri Hayati

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

This study aims to examine the relevance of Islamic economic thought during the time of the Prophet Muhammad to contemporary economic challenges, such as wealth distribution inequality, ethical crisis, and free market dominance. With a qualitative-descriptive approach through a literature study of classical and contemporary literature, the analysis is carried out based on the maqashid al-shariah framework. The results show that the basic principles of the Prophet's economy, such as the prohibition of usury, distribution justice, protection of property rights, and ethics-based market regulation, remain relevant and applicable in today's global context. Economic instruments such as zakat, infaq and waqf have proven effective as a means of wealth distribution and social security. In addition, maqashid al-shariah plays an important role as a paradigm in evaluating modern economic policies so that they remain oriented towards social justice and sustainability. The conclusion of this study confirms that the Prophet's economic thought is not only historical and normative, but also has practical and strategic value in formulating an alternative economic system that is more humane, ethical, and sustainable.