Juridical Analysis of Interfaith Marriage in Indonesian Positive Law Perspective
(Rully Affan Pamungkas, Rastra Wahyudityana, Fadlan Fadlan)
DOI : 10.62951/momat.v2i1.159
- Volume: 2,
Issue: 1,
Sitasi : 0 10-Jan-2025
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| Last.27-Jul-2025
Abstrak:
This research conducts a comprehensive juridical analysis of interfaith marriage within the framework of Indonesian positive law, examining the legal complexities and regulatory challenges in the current legal system. The study critically analyzes the existing legal instruments, including Marriage Law No. 1 of 1974, compilation of Islamic Law, and relevant Supreme Court decisions that govern interfaith marriages in Indonesia. Through doctrinal legal research methodology, this study investigates the legal vacuum surrounding interfaith marriages and its implications on citizens' constitutional rights. The research examines how different legal interpretations by civil registry offices, religious courts, and other legal institutions affect the implementation of interfaith marriage regulations. Findings indicate substantial inconsistencies in legal interpretation and application, leading to legal uncertainty for couples seeking interfaith marriages. The study reveals that while Indonesian positive law does not explicitly prohibit interfaith marriages, the absence of clear regulatory frameworks often results in practical obstacles and varying administrative practices across different regions. The research also explores how judicial decisions have shaped the legal landscape of interfaith marriages, analyzing landmark cases that have influenced current legal practices. This study concludes that there is an urgent need for legal reform to provide clear guidelines for interfaith marriages that align with constitutional principles while respecting religious values and human rights in Indonesia's pluralistic society.
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2025 |
Harmonization of Interfaith Marriage Law in Indonesian Legal System : Between Social Reality and Legal Certainty
(Fitri Yanti Katili, Qisthy Leonarza, Fadlan Fadlan)
DOI : 10.62951/ijsw.v2i1.155
- Volume: 2,
Issue: 1,
Sitasi : 0 09-Jan-2025
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| Last.13-Aug-2025
Abstrak:
The legal landscape of interfaith marriage in Indonesia presents a complex challenge that intersects social dynamics, legal frameworks, and cultural diversity. This research aims to critically analyze the existing legal system governing interfaith marriages, exploring the fundamental tensions between legal norms and social realities. Through a comprehensive socio-legal methodology, the study investigates the intricate challenges of harmonizing marriage laws in a pluralistic society.The research employs a mixed-method approach, combining normative juridical analysis with empirical social research. Extensive document analysis, comparative legal studies, and expert interviews provide a nuanced understanding of the current legal and social complexities surrounding interfaith marriages. The study examines the interactions between state law, religious norms, and customary traditions that shape marriage regulations in Indonesia.Key findings reveal significant gaps between legislative provisions and social practices, highlighting the urgent need for a more adaptive and inclusive legal framework. The research identifies multiple challenges, including jurisdictional conflicts, individual rights protection, and the complex interplay of different normative systems. Theoretical foundations draw from legal certainty theory, legal pluralism, and social justice theory to construct a comprehensive analytical framework.The study proposes innovative approaches to legal harmonization, emphasizing the delicate balance between maintaining legal certainty and accommodating social realities. Recommendations include developing more flexible legal mechanisms, enhancing inter-institutional dialogue, and creating regulatory frameworks that recognize the dynamic nature of social relationships and individual rights in contemporary Indonesian society.Ultimately, the research demonstrates that effective legal harmonization requires a holistic approach that bridges the gap between formal legal structures and the lived experiences of individuals navigating interfaith marriages. By providing a critical analysis of the current legal landscape, the study contributes to broader discussions on legal pluralism, social justice, and individual rights in Indonesia.
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2025 |
Juridical Analysis Of Enforcement Of State Civil Apparatus (ASN) Discipline In The School Environment (Research Study Of SMA Negeri 15 Batam)
(Bungasia Bungasia, Fadlan Fadlan, Darwis Anatami, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijls.v1i4.174
- Volume: 1,
Issue: 4,
Sitasi : 0 20-Aug-2024
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| Last.27-Jul-2025
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Discipline of the State Civil Apparatus has been regulated in Law of the Republic of Indonesia Number 20 of 2023 concerning the State Civil Apparatus. In this regulation, the State Civil Apparatus consists of Civil Servants and Government Employees with Employment Agreements who are appointed by civil service development officials and entrusted with duties in a government position or entrusted with other state duties and are given income based on statutory regulations. The purpose of this regulation is intended to serve as a guideline in enforcing State Civil Service Discipline. However, the reality in the field is that violations of State Civil Apparatus Discipline, especially at SMAN 15 Batam, still occur frequently and repeatedly. This research aims to find out how the law regulates the enforcement of discipline towards State Civil Apparatus in the SMAN 15 Batam environment, how the implementation of law enforcement regarding the application of discipline towards the State Civil Apparatus in the SMAN 15 Batam environment and the obstacles faced by SMAN 15 Batam in enforcing discipline against State Civil Apparatus and alternative problem solving in the form of rewards and punishments. The research method used is a qualitative method with a normative and empirical juridical approach that analyzes statutory regulations relevant to the discipline of the State Civil Service. The data sources for this research were obtained from secondary data and primary data. Primary data was collected through interviews and observations, while secondary data was obtained from previous literature, books, journals and case studies. The results of the research show that so far the process of imposing punishment has only taken the form of a verbal warning delivered directly by the school principal. Verbal warnings are a form of light disciplinary punishment. Verbal warnings are given by considering the background of the Civil Servant disciplinary violation and the impact of the violation. Based on these results, the suggestion put forward is that it is hoped that all State Civil Servants will increase awareness of ASN discipline as well as understand and carry out obligations and avoid prohibitions in accordance with applicable laws and regulations. State civil servants must be more responsible for themselves and in carrying out ASN duties so that the objectives of ASN discipline can be realized well. For example, arriving at school early to avoid unexpected obstacles. In the future, enforcement of discipline in the State Civil Service must really be carried out properly and the process of imposing punishments must be stricter against perpetrators of violations of discipline by the State Civil Service so that it can provide a deterrent effect for undisciplined ASN.
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2024 |
Analysis Of Defaults In Employment Based Contract Agreements The Value Of Justice
(Nabila Gelasia Herta Ananda, Darwis Anatami, Fadlan Fadlan, Erniyanti Erniyanti, Soerya Respationo)
DOI : 10.62951/ijsl.v1i4.161
- Volume: 1,
Issue: 4,
Sitasi : 0 10-Aug-2024
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| Last.27-Jul-2025
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Through Law Number 11 of 2020 concerning Job Creation and its derivative PP Number 35 Thuan 2021 concerning PKWT, Outsourcing, Working Time and Rest Time and Termination of Employment Relations is the crystallization of various laws regarding Employment. which, philosophically, does not provide guarantees and protection for workers' rights. Methodologically, this research is an empirical juridical research using a combined approach method which is carried out by analyzing the research explanation in an inductive way leading to a deductive method so as to help the author explain the relationship between research variables and research objects. The results of this research found that there are many deficiencies in Law Number 13 of 2003 concerning Employment, such as the absence of legal protection or workers who are in non-standard work relationships, gender discrimination, wages, lack of social security, leave rights and other rights, partial revision What the Job Creation Law does to the Employment Law Number 13 of 2003 actually creates new problems that have a negative impact on worker protection, the rules governing employment now, so that if you look closely at the revised and deleted articles, it appears that The spirit of the law does not at all touch on efforts to increase worker competency, even though in reality, in Pancasila industrial relations, worker protection is a form of government responsibility. So it is hoped that a legal political policy between the DPR and the government will make changes to Article 66 paragraph (2) of Law Number 3 of 2023 concerning the Determination of Perpu Number 2 of 2022 into the Job Creation Law and PP Number 35 of 2021 concerning Specific Time Work Agreements , Outsourcing, Working Time and Rest Time, and Termination of Employment Relations, so that it can be seen more clearly how the protection of workers/laborers, wages, welfare, and protection of the special rights of outsourced workers, especially outsourced workers, must ensure greater legal protection so that the working atmosphere can become better and more conducive and neither party feels disadvantaged
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2024 |
The Role Of Sub-Districts In Running The Program Village Infrastructure Facilities (PSPK) As Form Of Public Service Delivery
(Firdaus Firdaus, Fadlan Fadlan, Sayid Fadhil, Soerya Respationo, Erniyanti Erniyanti)
DOI : 10.62951/ijhs.v1i3.57
- Volume: 1,
Issue: 3,
Sitasi : 0 09-Aug-2024
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| Last.06-Aug-2025
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The purpose of this writing is to discuss the issue of Legal Regulation and achievements and obstacles in the implementation of the Village Infrastructure Program (PSPK) as a form of public service implementation in Bengkong District. This is due to the overlap of regulations in the implementation of the Village Infrastructure Program activities, so it is necessary to know how the implementation of Batam City Regional Regulation Number 6 of 2021 concerning Community Empowerment-Based Development in Urban Villages and Batam Mayor Regulation Number 46 of 2022 concerning Guidelines for the Implementation of Facilities and Infrastructure Development Activities and Community Empowerment. To answer this problem, the author uses a methodology through a normative-empirical law research approach (applied law research), with data collection methods through observation and questionnaires Using a normative-empirical legal case study in the form of a legal behavior product, the subject of the study is the implementation or implementation of positive legal provisions, the results of this study show that the implementation of the Village Infrastructure Program (PSPK) in Bengkong District has not been implemented optimally, as well as many factors that hinder the implementation process, such as the lack of coordination between vertical agencies, resulting in overlapping regulations in its implementation. The implications are a). So that the Bengkong District Government re-socializes the Village Infrastructure Program (PSPK) to the community b). In order for the sub-district government to further improve coordination with vertical agencies regarding the implementation of Village Infrastructure Program (PSPK) activities. c). For the Bengkong District Government to make a proposal for an agreement with vertical agencies in proposing development through one sub-district door so that there is no overlap of rugals and budget waste.
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2024 |
Implementasi Teknologi Informasi Dan Komunikasi Dalam Manajemen Organisasi Pendidikan
(Nisa Aldira Lubis, Putri Fadila Ramadhani, Dandi Salmanda, Fadlan Fadlan, Ahmad Mukhlasin)
DOI : 10.62383/katalis.v1i3.494
- Volume: 1,
Issue: 3,
Sitasi : 0 02-Jul-2024
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| Last.24-Jul-2025
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The utilization of information and communication technology (ICT) in the management of educational institutions has become a key element of improving operational efficiency and effectiveness in the digital era. This study aims to investigate the role of ICT in data management, management, learning processes, and communication in educational environments. Using literature review techniques and secondary data analysis, this study found that the use of ICT increases information transparency, accuracy and speed, improving resource management and decision-making. However, ICT implementation also faces many challenges, such as infrastructure limitations, lack of technical capacity of human resources, and resistance to change. Overcoming these barriers requires a comprehensive and sustainable strategy. The results of this study are expected to provide insights to stakeholders in education regarding better management and optimization of ICT utilization to achieve quality education.unik.
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2024 |