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A Legal Review of Islamic Law on The Issue of A Child’s Origins And The Legal Certainty of A Child’s Status Under Law No. 16 of 2019 Ahmad Nafhani; Gusti Fadhil Fithrian Luthfan; Riza Puspita Sari; Yulianiva Maulida; Rizky Dwi Utami; Ari Ekawie Baskhoro
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 10 No. 1 (2026)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v10i1.19054

Abstract

This study examines the issue of child lineage and legal certainty of child status from the perspective of Islamic law and its relevance to Law No. 16 of 2019 on Marriage. Disputes over child origins often create complex legal and social consequences, particularly regarding lineage (nasab), inheritance rights, and parent–child obligations. Islamic law strictly links lineage to a valid marriage in order to preserve the integrity of descent and ensure legal certainty. However, social realities present cases beyond this ideal, including children born outside marriage, unregistered marriages, and unclear parentage.Law No. 16 of 2019 seeks to provide legal certainty through mechanisms such as child recognition, legitimation, and protection. This research applies a normative juridical method with a comparative approach to analyze differences and potential harmonization between Islamic law and positive law. The study focuses on the concept of nasab, its legal implications, and the extent to which the law provides comprehensive solutions.The findings indicate that while Islamic law and positive law share the objective of protecting children, differences in determining lineage create challenges for legal certainty. Harmonization is therefore necessary to ensure both justice and the protection of children’s rights.
Repositioning of Control of Objects by Creditors in the Execution Process According to Law Number 42 of 1999 concerning Fiduciary Guarantees Riza Puspita Sari; Rika Puspita Sari
RESPONSIVE LAW JOURNAL Vol. 2 No. 2 (2025): RESPONSIVE LAW JOURNAL
Publisher : Yayasan Insan Mulia Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59923/rlj.v2i2.704

Abstract

This study examines consumer protection against online transaction crimes in accordance with Law The purpose of this study is to analyze and describe the execution of the control of fiduciary collateral objects for creditors according to Law Number 42 of 1999 concerning fiduciary collateral and to analyze and describe the obstacles and solutions to the execution of fiduciary collateral against defaulting debtors. This research method uses an empirical legal research method with a statutory and case approach. The legal materials used in this study are primary legal materials, namely the Civil Code and Law No. 42 of 1999 concerning Fiduciary Collateral and secondary legal materials. The results of this study are: The process of executing fiduciary collateral must follow the established legal procedures, namely through an agreement between the creditor and the debtor regarding breach of promise, or through a valid court decision. The process of executing fiduciary collateral consists of four stages, namely: 1) the initial monitoring stage, namely the classification of debtors based on the potential for bad debt; 2) the warning stage, namely at this stage the creditor delivers a warning of late payment and sanctions to the debtor; 3) warning letter issuance stage, namely the creditor verifies and issues a warning letter to the debtor who is experiencing bad credit; 4) execution stage, namely the execution carried out by the creditor after the debtor receives the third warning letter. Constitutional Court Decision Number 18/PUU-XVII/2019 has provided a legal interpretation that the executorial power of the Fiduciary Guarantee Certificate cannot be enforced immediately, but is dependent on certain circumstances, for example: a default agreement by the creditor and debtor or the debtor's willingness to hand over the fiduciary guarantee object. Obstacles and solutions in the execution of fiduciary guarantees include: 1) the collateral object is not in the hands of the debtor when the execution is carried out, the solution involves debtor education, digitization of records, firm legal action, and increased supervision; 2) the obstacle of intervention by mass organizations/NGOs, the solution is to increase legal understanding, mediation, law enforcement, transparency, and focus on appropriate roles; 3) the obstacle of the fiduciary object being in the TNI/POLRI/Lawyer/Judge environment, the solution is a legal approach through the courts, coordination, mediation, and compliance with legal procedures.  
The Urgency of Halal Tourism Regulations Under Law No. 10 of 2009 on Tourism: Toward a Muslim-Friendly Tourism Ecosystem in Indonesia Rika Puspita Sari; Riza Puspita Sari
RESPONSIVE LAW JOURNAL Vol. 3 No. 1 (2026): RESPONSIVE LAW JOURNAL
Publisher : Yayasan Insan Mulia Bima

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59923/rlj.v3i1.902

Abstract

This study aims to analyze the urgency of regulating halal tourism within the framework of Law No. 10 of 2009 concerning Tourism to foster a Muslim-friendly tourism ecosystem in Indonesia. It also seeks to analyze the obstacles to and solutions for the implementation of halal tourism in the country. The absence of specific regulations governing halal tourism in Indonesia has created a legal vacuum. A qualitative research method with a normative-juridical approach was employed. The study concludes that specific regulations for halal tourism are essential, as there is currently no dedicated legal protection for tourists or business operators in this sector; consequently, despite the promising growth of halal tourism in Indonesia, the lack of appropriate and adequate regulation leaves the sector vulnerable. Identified obstacles include a lack of public understanding regarding halal tourism, insufficient infrastructure to meet the needs of Muslim tourists, a large number of Micro, Small, and Medium Enterprises (MSMEs) lacking halal certification, and the absence of specific halal tourism regulations. Proposed solutions include the government and relevant institutions conducting large-scale, sustained public awareness campaigns on the concept of halal tourism; developing infrastructure and facilities that support halal tourism; promoting free halal certification programs; and enacting specific regulations for halal tourism in Indonesia.