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Mufidatul Ahada; Felicitas Sri Marniati; Khoirul Anwar

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

Based on the Constitutional Court Decision Number: 46 PUU-VIII/2010, Article 43 Paragraph (1) of the Marriage Law states that a child born outside of marriage has a civil relationship with their mother and her family, as well as with the man as their father, which can be proven by science, technology, and/or other legal evidence. The child also has a blood relationship, including a civil relationship with the father's family. Inheritance for an illegitimate child through a will is allowed, but it often causes disputes as it is considered to harm the inheritance rights of legitimate children. This study aims to analyze the resolution of inheritance disputes between an illegitimate child who receives a will and a legitimate child according to civil law, as well as the legal protection of an illegitimate child in disputes with a legitimate child. The method used is normative juridical research with a literature study, using primary, secondary, and tertiary legal sources. The approaches used include the Statutory Approach, Conceptual Approach, Analytical Approach, and Case Approach. The research results show that the dispute resolution starts with a non-litigation route through deliberation, but if unsuccessful, the illegitimate child resorts to the contending method to defend their inheritance rights. The researcher recommends amendments to Article 874 of the Civil Code to grant the right to a will for an illegitimate child as long as it does not exceed the legitime portie, and to create codification related to marriage property law and wills.

Satriya Aldi Putrazta

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

This study discusses legal protection for victims of human trafficking disguised as job vacancies in Myanmar, which has affected hundreds of Indonesian citizens. This phenomenon shows a new mode of digital-based human trafficking through social media, offering fictitious high-paying jobs that ultimately lead to forced labor in the online scamming sector. This study uses a normative legal research method with a legislative and conceptual approach, which examines Law Number 21 of 2007 concerning the Eradication of Human Trafficking, Law Number 18 of 2017 concerning the Protection of Indonesian Migrant Workers, the 2000 Palermo Protocol, and a number of International Labor Organization (ILO) conventions related to forced labor and labor migration. The results of the study show that this case fulfills the elements of human trafficking as stipulated in Article 2 paragraph (1) of the TPPO Law, because there are elements of recruitment, fraud, confinement, and forced labor exploitation. From an international law perspective, these actions violate the provisions of the Palermo Protocol and the ILO convention on the elimination of forced labor. The Indonesian government has a legal and moral responsibility to provide protection and recovery for victims of TPPO, as well as to ensure the principle of non-criminalization. However, the implementation of protection is still hampered by weak supervision of digital recruitment, jurisdictional limitations, and suboptimal cross-border cooperation. Therefore, it is necessary to strengthen the digital-based migrant protection system, enhance bilateral and multilateral cooperation, and apply the principle of state due diligence in the prevention and enforcement of laws against cross-border TPPO.  

I Dewa Made Satya Dwisadewa; Dewa Ayu Putri Sukadana; I Gede Agus Kurniawan; Ni Putu Sawitri Nandari

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

Businesses build trademarks to promote products or services while maintaining their reputation and competitiveness. However, the practice of using well-known brands without the license owner's permission is still found. The case of counterfeiting the Arc'teryx brand by PT ATX Asia Sport Products demonstrates a violation of the exclusive rights of the brand owner. This study aims to analyze law enforcement against the circulation of counterfeit Arc'teryx products in Bali based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications and review the role of the TRIPs Agreement in protecting brands in Indonesia. The method used is normative with a literature review of laws, books, journals, and literature related to unauthorized trademark infringement. The results show that the use of the Arc'teryx brand without official permission confirms the weak supervision and law enforcement of foreign brands that have not been registered in Indonesia. Although the first-to-file system applies, Indonesia still provides legal protection for foreign brands through its membership in the Paris Convention and the TRIPs Agreement. This study emphasizes the need to strengthen the role of the Directorate General of Intellectual Property Rights (DJKI), the Commercial Court, and increase public legal awareness to prevent trademark infringement and create legal certainty for rights owners and consumers.

Catherine Regina Widyasari; Sutarno Sutarno; Mohammad Zamroni

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

Hospitals, as healthcare institutions, bear the responsibility of delivering safe, high-quality, and patient-centered services. Hospital accreditation serves as a crucial mechanism to ensure service quality and legal protection for patients, particularly in medical dispute cases. This study aims to analyze the impact of accreditation on patient legal protection, both preventively and repressively. The research employs a normative legal method with statutory and conceptual approaches, utilizing primary, secondary, and tertiary legal materials. Data were analyzed through document studies covering Law Number 17 of 2023 on Health, government regulations, presidential regulations, and technical regulations from the Ministry of Health regarding accreditation standards and procedures. The findings indicate that accreditation functions as a continuous evaluation mechanism to ensure medical services comply with safety standards and clinical governance, strengthens patients’ rights to information, informed consent, and quality care, and reduces the risk of medical disputes. However, implementation challenges exist, including limited resources, compliance performed as formalities, and inconsistent supervision. Therefore, accreditation is not merely an administrative symbol but a strategic legal instrument that enhances patient safety culture and hospital accountability, ensuring that healthcare delivery meets professional, ethical, and legal standards.

Nefrisa Adlina Maaruf; Abdul Kholib; Beniharmoni Harefa

International Journal of Social Welfare and Family Law 2025 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the changes in the authority of the Professional Disciplinary Council (Majelis Disiplin Profesi, MDP) under Law Number 17 of 2023 concerning Health and their implications for legal certainty for medical and health professionals. Although these changes are intended to improve the professional disciplinary system, they have resulted in the centralization of authority under the Ministry of Health, including the appointment of members, institutional formation, and the process of judicial review of MDP decisions. Furthermore, MDP recommendations can now serve as a basis for criminal investigations against medical and health personnel, which contradicts the original function of the MDP as an institution for enforcing ethics and professional discipline based on due process of ethics. This research employs a normative juridical method with a descriptive-analytical and case study approach, supported by expert interviews in health law. Theoretical frameworks used include the Theory of Legal Certainty, the Theory of Human Rights, and the Theory of Legal Protection. Findings indicate that the centralization of authority under the Ministry of Health has created a power imbalance in professional oversight. This has negative implications for legal protection, increasing the risk of conflict of interest, abuse of authority, and weakening legal certainty for medical and health professionals. Therefore, it is necessary to revise Law No. 17 of 2023 and Government Regulation No. 28 of 2024 to restore the independence of the MDP and ensure a proportional redistribution of authority within the health professional oversight system.

Sabardin, Sabardin; Rahman, Muhammad Sabir; Syahril, Muh. Akbar Fhad; Wiwin, Wiwin; Tijjang, Bakhtiar

DINAMIKA HUKUM 2025 Universitas Stikubank

This study analyzes the legal position of the captain in the structure of maritime employment relations with a case study at PT. Kembang Mekar Indah, which highlights the gap between the normative provisions in the Commercial Code (KUHD), Law Number 17 of 2008 concerning Shipping, and the Maritime Labor Convention (MLC) 2006 with the implementation practices in the field. This study uses a normative-empirical legal method through literature studies and interviews with captains and company representatives, analyzed qualitatively-descriptively to compare legal norms and empirical reality. The results of the study indicate that maritime employment agreements still place captains on an equal footing with ordinary workers even though the legislation confirms their position as the highest leader on board and the legal representative of the ship owner. Empirical findings show that the fulfillment of the captain's rights to salary is 80%, work facilities 60%, legal protection 40%, and regulatory socialization only 20%, indicating an imbalance in legal protection and weaknesses in the substance of the employment contract. Therefore, it is necessary to reformulate the shipping legal system by improving maritime work agreements, strengthening the role of harbormasters, and harmonizing national regulations with the 2006 MLC standards in order to create maritime work relations that are professional, fair, and adaptive to international maritime law.

Angga Prabowo

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

The franchise business model has experienced rapid growth in Indonesia, particularly in the food, beverage, and modern retail sectors, such as Indomaret. The franchise system provides efficient business expansion opportunities for franchisors and franchisees to participate in businesses that already have established operational standards and market reputations. However, behind this development, significant legal challenges have emerged, particularly related to the unequal position between franchisors and franchisees in franchise agreements. This study aims to analyze the forms of legal protection for franchisees by reviewing the principles of fairness, balance, and legal certainty in the implementation of franchise contracts. The approach used is a normative juridical method with a case study of the Indomaret franchise partnership, which is examined through an analysis of related laws and regulations, such as Government Regulation Number 42 of 2007 concerning Franchising and Regulation of the Minister of Trade Number 71 of 2019. The results of the study indicate that there is still asymmetry of power in contract drafting, weak legal literacy of franchisees, and a lack of government oversight of agreement implementation. Therefore, regulatory reform and strengthening of oversight mechanisms are needed to ensure that franchise relationships operate fairly, transparently, and sustainably

Rahmatiya Latif; Weny Almoravid Dungga; Sri Nanang M. Kamba

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

This research aims to analyze the forms of legal protection for consumers in the case of illegal cosmetic circulation in the Traditional Market of Moluo Village, Kwandang District, North Gorontalo Regency, and to examine the roles of the Health Department and the Gorontalo Food and Drug Supervisory Agency (BBPOM) in supervising and guiding business actors. The research method used is empirical legal research with a non-doctrinal qualitative approach, thru interviews with sellers, consumers, and supervisory authorities, as well as field observations and document studies. The research results show that the majority of vendors in the market already understand the importance of a distribution permit from BPOM and choose to sell legal products, although in practice illegal cosmetics are still found due to high consumer demand for instant results. The main obstacle lies in consumers who are often aware of the dangers of illegal cosmetics but still purchase them. BPOM Gorontalo implements legal protection thru two channels: preventive measures such as socialization, education, and routine inspections, and repressive measures such as legal action in accordance with Article 435 of Law Number 17 of 2023 concerning Health. The implications of this research confirm the need for more comprehensive legal protection strategies with cross-agency collaboration, increased public legal literacy, and consumer empowerment to make them more critical in product selection.

Regina Meylisa Permatasari; Holyness N. Singadimedja; Rafan Darodjat

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

In an employment relationship, there are rights and obligations attached to each party that must be fulfilled. However, in practice, employers often neglect to fulfill the rights of workers during their employment and after termination of employment, even though these obligations are regulated in the Collective Labor Agreement and Joint Agreement. Based on these issues, this study aims to examine and describe the legal protection for former employees who have been terminated with outstanding benefits in accordance with Indonesian labor laws, as well as to obtain an overview of the company's responsibility to fulfill the rights of former employees due to termination of employment in accordance with the agreements in the Collective Labor Agreement and Joint Agreement. This study uses a normative juridical approach based on the provisions of labor laws and regulations. Data was collected through a literature study by examining primary, secondary, and tertiary legal materials relevant to the research issue. All data were then analyzed qualitatively to formulate comprehensive and implementable conclusions and recommendations for the benefit of former employees. The findings show that legal protection for former employees who experience termination of employment with outstanding benefits can be demanded based on labor law regulations in Indonesia. The company has the responsibility and obligation to fulfill the rights of former employees due to termination of employment in accordance with the agreement in the Collective Labor Agreement and Joint Agreement, whereby the payment of these rights must be aligned with and subject to the provisions of applicable laws and regulations.

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.

Anis Rindiani; Nana Adriana; Karin Mauren; Ali Nanda; Zalfaa Arisa +7 more

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

This community service program aims to improve the capacity and sustainability of Micro, Small, and Medium Enterprises (MSMEs) in Paku Village, Payung District, South Bangka, through an integrated intervention approach. The program's primary focus is education on legal protection, digital financial literacy, and product marketing, which can strengthen the competitiveness of rural MSMEs. Rural MSMEs often face various challenges, such as difficulties in complying with legal regulations, limited access to financing, and limited market reach, which hinder their growth. Therefore, this program adopts a participatory approach involving workshops, training, and direct mentoring to provide MSMEs with the knowledge and skills necessary to overcome these challenges. Expected outcomes of this program include increased understanding of business legality, adoption of digital financial transactions, and the implementation of effective digital marketing strategies. Through the integration of these three aspects, this program aims to increase MSME income, expand their competitiveness, and create new jobs at the local level. With long-term impacts that include village economic development and community empowerment, this program is expected to become a sustainable model for MSMEs in other villages in the area.

Anis Rindiani; Nana Adriana; Karin Mauren; Ali Nanda; Zalfaa Arisa +7 more

Jurnal Pengabdian Masyarakat 2025 Lembaga Pengembangan Kinerja Dosen

This community service program aims to improve the capacity and sustainability of Micro, Small, and Medium Enterprises (MSMEs) in Paku Village, Payung District, South Bangka, through an integrated intervention approach. The program's primary focus is education on legal protection, digital financial literacy, and product marketing, which can strengthen the competitiveness of rural MSMEs. Rural MSMEs often face various challenges, such as difficulties in complying with legal regulations, limited access to financing, and limited market reach, which hinder their growth. Therefore, this program adopts a participatory approach involving workshops, training, and direct mentoring to provide MSMEs with the knowledge and skills necessary to overcome these challenges. Expected outcomes of this program include increased understanding of business legality, adoption of digital financial transactions, and the implementation of effective digital marketing strategies. Through the integration of these three aspects, this program aims to increase MSME income, expand their competitiveness, and create new jobs at the local level. With long-term impacts that include village economic development and community empowerment, this program is expected to become a sustainable model for MSMEs in other villages in the area.

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.

Nayla Hasana; Novenia Cecilia Nadeak

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

The Indonesian government has been actively combating illegal fishing practices at sea because they harm the country and reduce fish populations. However, attention to freshwater fisheries, especially endemic fish, is still limited. In fact, endemic fish play an important role in aquatic ecosystems and local culture. Fish resource conservation aims to protect, preserve, and utilize fish and their ecosystems and genetic diversity so that their existence and availability remain sustainable. The diversity of freshwater fish in Indonesia faces serious threats from human activities. The main factor is the introduction of new species that grow uncontrollably, becoming pests and harming ecosystems and communities. In addition, overfishing and declining habitat quality further exacerbate the situation. These threats pose a risk of extinction for endemic fish. Therefore, conservation efforts need to be strengthened to maintain ecosystem balance and support the livelihoods of communities that depend on fish farming. Legal protection is an important aspect in addressing this issue. Law No. 31 of 2004 concerning Fisheries and Law No. 5 of 1990 concerning Conservation of Living Natural Resources and Ecosystems have provided a legal basis for fish resource management. However, their implementation and enforcement remain weak. This study uses a normative juridical approach with secondary legal materials, emphasizing the importance of improving the legal framework and more effective governance. Measurable, transparent, and sustainable conservation measures are needed to ensure the optimal utilization of fish resources. Thus, the sustainability of freshwater ecosystems and the welfare of communities that depend on endemic fish can be guaranteed.

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.

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.

M. Dawud Arif Khan; Rugaiyah

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

The phenomenon of using non-Hajj visas for pilgrimage has deprived many pilgrims of legal protection, with numerous cases of arrests by Saudi authorities resulting in deportation and even a ten-year ban on entering Saudi Arabia. This study adopts a qualitative case study design with an empirical legal research approach. Data were collected through interviews and document analysis at PT Mirbath Tour and Travel Palu. The primary data source was an interview with the Director of PT Mirbath, while secondary sources included the Qur’an, Hadith, legislation, journals, articles, theses, dissertations, and reference books. Data analysis employed reduction, presentation, and conclusion drawing. The findings highlight three key points. First, PT Mirbath facilitated Hajj departures using multiple-entry visas with significant limitations, such as the absence of tents in Mina and Muzdalifah, restricted access to facilities, and alternative routes from Riyadh to bypass checkpoints. Second, the use of non-Hajj visas indicates that the implementation of Law of the Republic of Indonesia No. 8 of 2019 on the Administration of Hajj and Umrah has not been effectively enforced, with policy gaps and weak operational oversight remaining apparent. Third, although the contractual arrangements applied appear consistent with the principles of Islamic jurisprudence (fiqh muamalah), they conflict with the foundations of sharia economic law, as the use of non-Hajj visas involves elements of gharar (uncertainty), lack of transparency, and contractual objectives inconsistent with maqasid al-shariah.

Maura Viranti A.Syira Adam; Meita Fadhilah

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

This study examines the legal protection regarding the cancellation of unused trademarks through a case study of the Supreme Court Decision No. 264 K/Pdt.Sus-HKI/2015 between IKEA Systems BV and PT Ratania Khatulistiwa. Trademarks play a vital role in modern trade, functioning not only as product identities but also as guarantees of quality and reputation with significant economic value. Law No. 15 of 2001 stipulates that a trademark may be cancelled if it is not used for three consecutive years, aiming to prevent speculative practices and pseudo-monopolies. However, this provision raises issues when applied to well-known trademarks that require longer periods to penetrate domestic markets. Using a literature review approach, this research analyzes legal norms, doctrines, and court decisions, while comparing them with international practices. The findings reveal that Indonesian law prioritizes the use requirement principle over the global reputation of a trademark. The Supreme Court’s decision to cancel the IKEA trademark demonstrates Indonesia’s legal orientation towards domestic legal certainty, yet it also creates challenges in maintaining a conducive investment climate. Therefore, trademark regulations need to be reformed to become more adaptive to globalization dynamics while balancing the interests of trademark owners, local businesses, consumers, and the state.

Abd Rahman Saleh; Imam Fawaid

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

This study aims to analyze and compare legal protection for parties in a sale and purchase agreement based on the Civil Code (KUHPer) and Islamic law, using the fiqh muamalah approach. A sale and purchase agreement is a very common legal transaction in everyday life, so it is important to ensure legal certainty and justice for all parties involved. The research method used is normative-comparative with literature study techniques, which allows researchers to examine the differences and similarities in legal protection in both legal systems. The results show that in civil law, there is an emphasis on the principle of freedom of contract which gives space for the parties to determine the contents of the agreement according to their wishes, as long as it does not violate applicable laws and regulations. The formal form of the agreement is also an important aspect of legal protection, with regulations regarding default and fulfillment of performance that give the injured party the right to obtain compensation or fulfillment actions in accordance with the agreement. Meanwhile, Islamic law emphasizes the aspect of the lawfulness of the object of the sale and purchase, which must meet certain conditions for the transaction to be considered valid. Furthermore, in Islamic law, the consent or voluntary agreement of both parties is a primary requirement for a valid sale and purchase agreement to conform to the principles of substantial justice. While these two approaches differ philosophically and normatively, they share the same goal of protecting the rights and obligations of the parties involved in the sale and purchase agreement, thereby creating a fair transaction that does not disadvantage either party. The differences in approach between civil law and Islamic law are also evident in the dispute resolution mechanisms.

Uskha Dyah Arsanti

Prosiding Seminar Nasional Ilmu Manajemen Kewirausahaan dan Bisnis 2025 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

This study aims to describe the form of women's empowerment in the development of Micro, Small, and Medium Enterprises (MSMEs) through a case study of the local product business "Mie Des" in Klisat Hamlet, Srihardono Village, Pundong District, Bantul Regency. The method used is descriptive qualitative research with a case study approach, where data is collected through observation, interviews, and documentation of business actors and community leaders. Data analysis uses the Miles and Huberman model which includes data reduction, data presentation, and conclusion drawing. The results show that women's empowerment in the "Mie Des" business includes five main indicators, namely Opportunities, Support, Strengthening, Protection, and Supervision. Women have an important role in the production, management, and marketing of "Mie Des" products, and demonstrate increasing economic independence. Support from family and community is a significant supporting factor, although access to assistance with production tools is still uneven. In terms of empowerment, business actors acquire new skills and become more confident in making decisions. However, legal protection for women's MSMEs is still minimal, and external supervision has not been carried out continuously.