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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.

Abdul Malik Mufty

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sentencing must take into account juridical and sociological aspects to provide a deterrent effect and benefit society. In Law no. 1 of 2023, the death penalty is regulated as a last resort for serious crimes, in accordance with human rights principles and Islamic legal views. This research uses a normative method with a statutory approach to examine the death penalty in Law no. 1 of 2023 and compare it with Islamic law. The death penalty in Law no. 1 of 2023 is regulated in Articles 64 and 67, no longer as a basic crime but as a last alternative for extraordinary crimes that threaten life, with stricter implementation because it refers to the ratification of the ICCPR. In Islamic law, the death penalty applies to murder, adultery (for married perpetrators), armed robbery and rebellion, with the principle of qishash as the main basis.

Rozzak Nawwir Qolby; Sitti Shaquila Dzakirah; Alya Putri Babelinda

Hikmah : Jurnal Studi Pendidikan Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study aims to explore Islamic legal views on euthanasia, particularly in the context of terminally ill patients. Using a literature study approach, this study analyzes Quranic verses, hadiths, and the views of scholars on euthanasia, which is generally rejected in Islamic law. As an alternative, palliative care is identified as a more appropriate ethical solution, focusing on alleviating pain and improving the patient's quality of life. This study also underlines the importance of dialogue between health professionals and scholars to develop care protocols that comply with sharia principles. These findings suggest the need for better education and training for health professionals on medical ethics in the context of Islamic law. In doing so, it is hoped that health practices can better respect religious values ​​and meet patient needs more effectively.

Diana, Dewi Nur

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2023 International Forum of Researchers and Lecturers

Sexual behaviour or actions that differ from generally accepted sexual norms in the LGBT community should not be considered something that should be taken for granted. This sexual behaviour or action arises because there are variations in individual sexual desires. Sexual orientation and habits refer to a person's desire to express their desire, love, emotions, and sexual activities towards individuals of the same gender, the opposite gender, or both. LGBT is an abbreviation for Lesbian, Gay, Bisexual, and Transgender, which refers to a group of individuals who have a sexual orientation or gender identity that is different from the majority. There are various views in society regarding LGBT, with some rejecting this variation in sexual behaviour while others openly accepting it. The debate regarding LGBT issues is increasingly intense and widespread, with various arguments related to human rights (HAM) and arguments based on religion. This research aims to investigate different views regarding LGBT issues in Indonesia, both from a religious and a human rights perspective.

Falah Sabirin

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Interfaith marriage is a complex issue and often becomes a subject of debate in Indonesian society. In both legal and religious contexts, this type of marriage faces various challenges, particularly from the perspective of Islamic jurisprudence (fiqh) and the Indonesian Marriage Law. This journal aims to analyze the problems surrounding interfaith marriage in Indonesia by examining Islamic legal views, regulatory frameworks, and the resulting social implications. From the fiqh perspective, the majority of scholars agree that a Muslim woman is not permitted to marry a non-Muslim man, whereas the marriage of a Muslim man to a woman from the People of the Book (Ahl al-Kitab) remains a topic of debate, depending on social context and public interest (maslahah). This reflects how Islamic law prioritizes the stability of faith (aqidah), household leadership, and the continuation of religious values in the upbringing of children. From the standpoint of national law, Indonesia’s Marriage Law No. 1 of 1974 places the validity of a marriage under the religious laws of the respective parties, making it difficult for interfaith marriages to be officially registered. As a result, such couples often face administrative barriers, issues in inheritance law, child custody rights, and social discrimination. This study concludes that a fair and constructive approach is necessary in addressing this issue, while preserving religious principles and maintaining social harmony in Indonesian society.