Azhar Rashed
Universitas Sugeng Hartono

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Expanding the Civil Liability of Biological Fathers toward Children Born Out of Wedlock through Trust Fund Mechanisms Azhar Rashed; Faisal Afda'u
Jurnal EL-QANUNIY: Jurnal Ilmu-Ilmu Kesyariahan dan Pranata Sosial Vol 12, No 1 (2026)
Publisher : Syekh Ali Hasan Ahmad Addary State Islamic University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-qanuniy.v12i1.19484

Abstract

This research examines the expansion of the civil responsibility of biological fathers toward children born out of wedlock through the implementation of a trust fund mechanism. The primary objective is to analyze how legal instruments can guarantee the long-term welfare of illegitimate children beyond basic maintenance. This study utilizes a normative legal research method with a statutory and conceptual approach, analyzing the Constitutional Court Decision Number 46/PUU-VIII/2010. The findings indicate that while Indonesian law recognizes the civil relationship between a biological father and an illegitimate child, enforcement of financial support remains inconsistent. The introduction of a trust fund serves as a preventive and curative legal solution to ensure educational and healthcare sustainability. The study concludes that legislative reform is necessary to integrate trust fund principles into the Indonesian civil law system to provide better legal certainty and protection for the best interests of the child.
Analisis Hukum Perkara BMT BUS Dalam Proses Penarikan Dana Simpanan Anggota Azhar Rashed; Yessiarie Silvanny Sibot; Dinda Prama Suari
Sanskara Hukum dan HAM Vol. 4 No. 03 (2026): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v4i03.723

Abstract

Baitul Maal wat Tamwil (BMT) is a sharia-based microfinance institution that plays an important role in expanding financial access and helping to improve the economy of small communities. However, in practice, legal problems often arise between BMT and its members, particularly in relation to the withdrawal of savings. This study aims to analyze the legal aspects of the BMT BUS case related to the withdrawal of member deposits and to examine the legal protection for members as depositors. This study uses a normative legal research method with a legislative, conceptual, and case study approach. Research data was collected through a literature study of relevant legal sources and analyzed qualitatively. This study shows that the problem of withdrawing member deposits at BMT BUS is caused by weak risk management and disrupted institutional liquidity, so that BMT is unable to fulfill its obligation to return funds in accordance with the agreed contract. Legally, this condition can be categorized as default and reflects the suboptimal legal protection for BMT members. The novelty of this research lies in its legal analysis, which integrates positive law provisions, sharia economic principles, and actual practices in the BMT BUS case. This study is expected to contribute to strengthening regulations, governance, and improving legal protection for BMT members in Indonesia.