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All Journal Muhammadiyah Law Review Jejak digital: Jurnal Ilmiah Multidisiplin JHUSUM: Jurnal Hukum, Sosial dan Humaniora
Aturkian Laia
Universitas Dirgantara Marsekal Suryadarma
Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Analisis Hukum Keabsahan Pernikahan di Bawah Umur Pasca Revisi UU Perkawinan Muhamad Ari Kristiono; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/3zxd8966

Abstract

The legal reform through Law Number 16 of 2019 raising the marriage age limit to 19 years aims to strengthen child protection, but the marriage dispensation provision in Article 7 paragraph (2) actually creates ambiguity and normative contradiction. This research examines the legality of underage marriage after the revision of the Marriage Law with a focus on normative regulation, dispensation implementation, and its alignment with child protection principles. Using a descriptive-analytical normative legal approach, this research examines laws and regulations, court decisions, and related academic literature. The findings indicate that although the regulation establishes a uniform age limit, the dispensation mechanism creates a paradoxical dualism where the state commits to protecting children yet still opens space for legitimizing child marriage through judicial channels. A significant surge in dispensation applications occurred, with judges considering urgent reasons such as pregnancy out of wedlock, cultural pressure, economic conditions, and the principle of maslahah. The dispensation provision is not synchronized with the Child Protection Law, placing judges in a dilemmatic position between emergency reasons and the best interests of the child. The research concludes that underage marriage remains valid through the dispensation route, but this policy has not been effective in reducing child marriage rates. Regulatory revision, procedural improvement, enhanced supervision, and regulatory harmonization are needed to achieve legal certainty and optimal child protection.
Peran Lembaga Adat dalam Penyelesaian Sengketa Tanah Ulayat (Studi Kasus di Daerah X) Muhamad Mubin; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/vwmea809

Abstract

This research examines the role of customary institutions in resolving ulayat land disputes in Indonesia, focusing on dispute resolution mechanisms, factors affecting effectiveness, and challenges encountered. Using a descriptive-analytical normative-empirical legal approach, this research examines laws and regulations, court decisions, and related academic literature. The findings indicate that customary institutions such as the Nagari Customary Assembly in West Sumatra, the Riau Malay Customary Institution, and the Sulang Silima Marga Pakpak Customary Institution in North Sumatra play strategic roles as mediators, preservers of cultural values, and decision-making authorities respected by the community. The effectiveness of customary institutions is determined by internal factors such as human resource quality and community trust, as well as external factors such as clarity of territorial boundaries, legal recognition, and the younger generation's understanding of customary law. Challenges faced include minimal recognition from formal law, lack of documentation and written evidence, suboptimal inter-institutional coordination, and low interest among the younger generation in customary values. Synergy between customary institutions and formal law is essential to create legal certainty without disregarding social values. This research recommends strengthening customary institutional capacity, harmonizing customary and state regulations, documenting customary practices, and improving coordination with local land agencies.
Tinjauan Yuridis Hak Asuh Anak (Hadhonah) Pasca Perceraian Orang Tua Akibat Kekerasan Dalam Rumah Tangga (KDRT) Zara Zerina Bella; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/zqsr3k91

Abstract

Child custody is a central issue in child protection after divorce, especially when divorce is motivated by domestic violence. Divorce cases accompanied by child custody disputes continue to increase in religious courts. Judges are obligated to examine evidence and facts revealed during the trial and prioritize the best interests of the child, guided by the Marriage Law, the Compilation of Islamic Law, the Child Protection Law, and Supreme Court jurisprudence. This normative juridical research focuses on literature review, regulatory analysis, and examination of court jurisprudence regarding child custody cases after divorce due to domestic violence. The findings indicate that child protection in custody cases related to domestic violence has not been optimal. This ineffectiveness is caused by limited evidence because domestic violence often occurs in private without witnesses, minimal public participation, limited judicial insight into the psychological impact of domestic violence, and lack of involvement of multidisciplinary experts such as psychologists, social workers, and counselors. Strengthening judges' capacity, increasing the role of experts, and procedural reforms are needed to ensure more effective and fair child protection.
Analisis Pembagian Waris Sistem Adat dalam Perspektif Keadilan Gender San Frans Makagiansar; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/vsme1t97

Abstract

Customary inheritance systems in Indonesia are divided into three types: patrilineal, matrilineal, and bilateral, each providing different treatment of women's inheritance rights. This research examines inheritance distribution in customary systems from a gender justice perspective, focusing on women's inheritance rights regulation, factors causing gender inequality, and efforts to achieve justice through court decisions and socio-cultural change. Using a descriptive-analytical normative juridical approach, this research examines laws and regulations, Supreme Court decisions, and related academic studies. The findings indicate that in the patrilineal system, women tend to be marginalized and do not receive equal inheritance rights. Conversely, in the matrilineal system, women become the primary heirs, yet this system faces tension with Islamic law which adheres to bilateral principles. The bilateral system is considered more open as it does not differentiate inheritance rights between men and women. Gender inequality is caused by strong patriarchal culture, tension between customary and religious law, and resistance to social change. Various efforts have been made through Supreme Court jurisprudence such as Decision 179 K/SIP/1961, Decision 147 K/Pdt/2017, and Jurisprudence 3/Yur/Pdt/2018, as well as acculturation between Islamic law and customary law that encourages shifts toward a fairer inheritance system. This research recommends strengthening jurisprudence, harmonizing laws, and increasing public awareness of gender justice in inheritance.  
Penyelesaian Sengketa Konsumen Melalui Badan Penyelesaian Sengketa Konsumen (BPSK): Studi Efektivitas Putusan Sopan Sopian; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/m3891z16

Abstract

The Consumer Dispute Settlement Board (BPSK) was established as an alternative institution outside the court to resolve consumer disputes quickly, simply, and at low cost based on Law Number 8 of 1999 concerning Consumer Protection. This research examines the effectiveness of BPSK decisions focusing on normative regulation, judicial practice, and influencing factors using a descriptive-analytical normative juridical approach. The findings indicate that normatively BPSK has strong authority with final and binding decisions (Article 54 paragraph 3), yet this provision conflicts with Article 56 paragraph 2 which opens opportunities for objections to the District Court, creating legal uncertainty. In practice, BPSK decisions are often annulled by the District Court for exceeding authority, as affirmed by the Supreme Court through Decision Number 105 K/Pdt.Sus-BPSK/2026 and Permanent Jurisprudence Number 1/Yur/Perkons/2018. Inhibiting factors include overlapping authority, limited technical capacity, variation in decision quality, weak execution mechanisms, and low business actor compliance. This research recommends regulatory harmonization, granting direct execution authority to BPSK, improving human resource capacity, and strengthening BPSK's institutional status as an independent institution integrated with the national judicial system.
Tinjauan Hukum Syariah dan Hukum Positif terhadap Sistem Denda pada Pembiayaan Syariah Rizal Arifin; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/g3brkb33

Abstract

The fine system in Islamic financing is an important instrument to discipline customers, yet its implementation raises debates regarding compatibility with sharia principles and compliance with positive law. This research examines the fine system comparatively from sharia law and Indonesian positive law perspectives, focusing on the concepts of ta'widh, gharamah, and ta'zir, as well as harmonization between the two legal systems. Using a descriptive-analytical and comparative normative juridical approach, this research examines DSN-MUI fatwas, laws and regulations, and related academic studies. The findings reveal that in sharia law, ta'widh functions as compensation for real losses, gharamah as a moral sanction whose proceeds are channeled as social funds, and ta'zir as an educational sanction. DSN-MUI Fatwas Number 17/DSN-MUI/IX/2000, 43/DSN-MUI/VIII/2004, and 77/DSN-MUI/VI/2010 regulate these three concepts. Positive law through the Sharia Banking Law, KHES, and POJK has accommodated fine regulations operationally. However, harmonization still leaves tensions, especially in the Civil Code compensation concept which includes interest elements contradicting sharia principles, as well as the lack of understanding among judges and practitioners regarding the differences between fine concepts. This research recommends strengthening regulatory harmonization, improving law enforcement capacity, and massive socialization to industry players.  
Eksistensi Hukum Pidana Adat (Delik Adat) dalam KUHP Nasional Baru Hasim Aji Muzadi; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/e2vdy207

Abstract

The recognition of customary criminal law in the new National Criminal Code (KUHP) represents a significant breakthrough in Indonesia's criminal law reform. This research examines the existence of customary criminal law within the National Criminal Code, focusing on normative regulation, implementation challenges, and prospects for actualization using a descriptive-analytical normative juridical approach. The findings reveal that recognition is normatively regulated through Article 2 paragraph (1), Article 597, and Article 66 paragraph (1) letter f of the National Criminal Code, yet this recognition requires the existence of Regional Regulations formulating still-existing customary norms. Its implementation faces three main challenges: normative conflict with the formal legality principle threatening legal certainty, the absence of clear implementing regulations, and the diversity of customary law that is difficult to standardize. On the other hand, this recognition opens opportunities for strengthening restorative justice and national legal identity rooted in Pancasila and national culture. This research recommends accelerating the formulation of Regional Regulations, issuing technical guidelines for identifying and codifying customary law, enhancing law enforcement capacity, and strengthening cross-sectoral coordination.
Dampak Hukum Pernikahan yang Tidak Tercatat (Nikah Siri) terhadap Status Anak dan Harta Bersama I Putu kristiandi Saputra; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/y9132a44

Abstract

Unregistered marriage remains a widespread practice in Indonesia. This research examines the legal impact of unregistered marriage on child status and joint property, as well as protection efforts through marriage validation (isbat nikah). Using a descriptive-analytical normative juridical approach, this research examines laws and regulations, Constitutional Court Decision No. 46/PUU-VIII/2010, and related academic studies. The findings show that children from unregistered marriages only have a civil relationship with the mother, limiting inheritance, support, and identity rights. Constitutional Court Decision No. 46/PUU-VIII/2010 provides a breakthrough by recognizing children's rights if biological ties can be proven, though implementation faces cultural barriers, social stigma, and complex evidentiary procedures. Joint property in unregistered marriages is not recognized by the state, causing wives to lose rights to matrimonial property and inheritance. Marriage validation serves as legal protection, yet not all applications are granted due to judicial considerations. This research recommends strengthening marriage registration socialization, improving access to marriage validation, and enhancing judges' capacity to understand the complexities of unregistered marriages.  
Kedudukan Hukum Pekerja Kontrak (PKWT) dalam Hal Terjadi Pemutusan Hubungan Kerja (PHK) Sepihak Mahfudin Mahfudin; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/7p0xye78

Abstract

This research analyzes the legal position of fixed-term contract workers (PKWT) facing unilateral termination of employment in Indonesia, where contract workers occupy a vulnerable position due to time-limited employment relationships. This normative legal research with a descriptive-analytical qualitative approach examines labor regulations, Industrial Relations Court decisions, and related academic studies. The findings indicate that PKWT workers have a different legal position from permanent workers, reflected in their rights upon termination. PKWT workers experiencing unilateral termination before the contract ends are entitled to compensation equal to wages until the contract period (Article 62 of the Manpower Law), while permanent workers are entitled to severance pay and length-of-service rewards. Judicial practice shows that unilateral termination can be declared null and void, with judges considering work continuity that may change PKWT status to permanent employment. The implementation of PKWT workers' rights still faces challenges such as regulatory disharmony, weak supervision, and ineffective administrative sanctions. This research recommends regulatory harmonization, improved supervision, strengthening law enforcement capacity, and formulating uniform national interpretation guidelines.
Tinjauan Hukum Islam dan Hukum Positif Terhadap Praktik Jual Beli Sistem Dropshipping Dede Maulana Yusuf; Aturkian Laia
Jejak digital: Jurnal Ilmiah Multidisiplin Vol. 2 No. 4 (2026): JUNI-JULI
Publisher : INDO PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/0rzn8080

Abstract

The dropshipping system as a rapidly growing digital business model in Indonesia presents complex legal issues, both in terms of sharia compliance and national legal certainty. This research examines dropshipping practices from Islamic law and Indonesian positive law perspectives, focusing on legality, regulation, and harmonization between the two legal systems. Using a descriptive-analytical and comparative normative juridical approach, this research examines DSN-MUI fatwas, laws and regulations, and related academic studies. The findings indicate that in Islamic law, dropshipping is debated because it conflicts with the prohibition of selling goods not yet owned, but DSN-MUI Fatwa Number 145/DSN-MUI/XII/2021 provides a solution through wakalah bil ujrah or salam contracts with the condition of no fraud. Positive law recognizes dropshipping as a legitimate business activity, yet no comprehensive regulation exists, creating uncertainty in legal responsibility and tax compliance. Harmonization between the two laws finds common ground in consumer protection and fraud prohibition, yet still faces challenges in goods specification clarity and sharia principle integration. This research recommends updating the KHES and drafting specific regulations integrating sharia principles and positive law.
Co-Authors Abdul Rojak Agus Mulyanto Agus Setiawan Ahmad Parhan Akhmad Faris Dzulhaq Ananda Maulana Sidiq Andrew Reforto Ondo Dame Ardina Widya Hapsari Aris Prasetyo Arya Bayu Anggara Asep Supriyadi Bembi Satya Rhamada Bimo Anggiarso Cahyadi Cahyadi Chandra Johan Alen Chandra Sagala Dawarman Dawarman Dede Maulana Yusuf Doni Sugiri Dwi Tjahyono Eddy Sumartono Fais Rahman Firdaus Syamsiar Ramadhan Ganjar Wiyangga Hasim Aji Muzadi Heri Purnomo I Putu kristiandi Saputra Idan Waulan Ilham Fatkul Fadjri Irohman Syaputra Jenal Abidin Lingga Bagus Prakoso Mahfudin Mahfudin Marwan Arianto Maskadi Maskadi Moch. Ryan Saiful Bachri Muchsin Wijaya Muhamad Analdy Asmadika Nuraiz Muhamad Ari Kristiono Muhamad Mubin Muhammad Idwan Prima Andi Nugroho Revi Adityansyah Richard Anggiat Oloan Rikyi Zaenudin Risyad Nur Fadillah Rizal Arifin Ronald Laurencius Roy Andriansah San Frans Makagiansar Slamet Susanto Sopan Sopian Titoh Kustiah Putri Tonny Soetrisno Yudi Tri Yono Zara Zerina Bella Zubir Zubir