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All Journal Musyarakah: Journal of Sharia Economics (MJSE) Syakhshiyyah Jurnal Hukum Keluarga Islam
Fatmawati
Universitas Islam Negeri Syarif Hidayatullah Jakarta
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Judicial Challenges in Determining Marriage Dispensation under PERMA Number 5 of 2019: The Conflict Between Legal Certainty and Child Protection Principles in Indonesia Fatmawati; Iin Ratna Sumirat; Sayehu; Rohmani
Syakhsiyah Jurnal Hukum Keluarga Islam Vol 6 No 1 (2026): Syakhsiyyah: Jurnal Hukum Keluarga
Publisher : UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/nbahbx64

Abstract

Judges in Indonesia are frequently confronted with a dilemma between legal certainty and child rights protection. Law No. 16 of 2019 establishes the minimum age for marriage as a form of protection, yet it remains open to dispensation under specific circumstances. This study analyzes the challenges faced by judges in handling marriage dispensation cases and evaluates whether court rulings align with the principle of the best interests of the child. Employing a normative juridical research method with conceptual and statutory approaches, this study is supported by an analysis of court rulings, including Decision No. 85/Pdt.P/2025/PA.Srg as a case study. The findings reveal that in practice, positive law is not the sole factor influencing judicial decisions; social, cultural, moral, and Islamic values also play a significant role. Extensive judicial discretion has the potential to shift the orientation of child protection toward the legitimization of child marriage if it is not restricted by measurable indicators regarding the best interests of the child. Therefore, harmonization between legal certainty and child protection principles is required through the reinforcement of judicial guidelines to ensure that marriage dispensation rulings do not adversely affect children's futures.
Competitive Strategies of Maktour in Digital Competition and Strengthening the Ummah Economy Khoiruddin Ali Rahman; Muhamad Zen; Fatmawati
Musyarakah: Journal of Sharia Economic (MJSE) Vol 6, No 1 (2026): April
Publisher : Universitas Muhammadiyah Ponorogo

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Abstract

Introduction/Main Objectives: The rapid development of digital platforms has transformed competition in the Hajj and Umrah travel industry by reshaping consumer behavior, marketing practices, and service delivery systemsThis study aims to analyze the competitive strategies implemented by Maktour in responding to digital platform competition and to examine its contribution to strengthening the ummah economy. Background Problems: This topic is important because increasing digitalization has intensified competition among travel agencies, while studies integrating competitive strategy, digital competition, and the ummah economy remain limited. Novelty: The novelty of this research lies in the integration of strategic management and Islamic economics perspectives to explain how competitive advantage can support both business sustainability and socio-economic development. Research Methods: This study employs a qualitative descriptive-analytical approach using a literature review method. Data were collected from academic journals, company documents, official reports, and credible digital sources related to competitive advantage, digital transformation, and Islamic economics. Findings/Results: The findings reveal that Maktour adopts a multidimensional competitive strategy through service differentiation, digital marketing optimization, trust-based customer relationship development, and the integration of Islamic values into business practices. These strategies strengthen the company’s competitive position by emphasizing premium services, spiritual guidance, and customer trust while adapting to technological changes. Furthermore, Maktour contributes to strengthening the ummah economy through employment generation, support for sharia-based business ecosystems, and multiplier effects in related sectors. Conclusion: The study concludes that sustainable competitive advantage in the Hajj and Umrah industry depends not only on technological adaptation and operational efficiency but also on spiritual values, service quality, and long-term customer trust.
Co-Authors Iin Ratna Sumirat Khoiruddin Ali Rahman Muhamad Zen Rohmani Sayehu