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International Legal Regulations on Coastal Conservation of Coastal Boundary Lands Across National Borders in the Digital Era Dolot Alhasni Bakung; Zainal Abdul A. Hadju; Yassine Chami; Sri Nanang Meiske; Ramadhan Usman
Lex Scientia Law Review Vol. 9 No. 2 (2025): November, 2025: Law, Policy, and Governance in Contemporary Socio-Economic Tran
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v9i2.12719

Abstract

The United Nations Convention on the Law of the Sea (UNCLOS) provides a comprehensive legal framework for protecting and preserving the marine environment, including coastal areas. This study examines the application of international legal regulations regarding coastal conservation and jurisdictional management of coastal lands between Indonesia and Malaysia in the digital era. Employing a normative and qualitative approach, the research analyzes secondary data from legal materials of both countries, using a comparative method to identify similarities, differences, and points of convergence between their legal systems. In Indonesia, digital transformation by the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency has enhanced transparency and efficiency in land management; however, policy adjustments are still needed for effective coastal ecosystem protection. Meanwhile, Malaysia, with its long and erosion-prone coastline, has implemented various laws and policies, including Coastal Zone Management (CZM), to address issues such as erosion and pollution. Although both countries face similar challenges and opportunities, their approaches differ. Indonesia needs to optimize its policies to effectively protect coastal ecosystems, while Malaysia requires adjustments in implementing its existing laws and policies. Challenges such as overlapping jurisdictional authority, funding limitations, and the need for stakeholder involvement remain significant obstacles. Therefore, successful coastal land management in both countries requires better integration of legal policies, environmental conservation efforts, and digital technology to achieve sustainable outcomes.
Procedural Formalities versus Substantive Protection (Reconciliation and Child Welfare in Divorce under Algerian and Indonesian Legal Systems) Yassine Chami; Elsa Rina Maya Toule; Deassy Jacomina Anthoneta Hehanussa; Mohammad Abdallah Alshawabkeh; Driss ED Daran; Enas Qutieshat; Muhamad Haviz
Jurnal Ilmiah Al-Syir'ah Vol 24, No 1 (2026)
Publisher : IAIN Manado

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/jis.v24i1.3319

Abstract

This study aims to analyze the role of judges in promoting reconciliation and protecting children's rights during divorce proceedings, as regulated by the Algerian Family Code and the Civil and Administrative Procedure Code. The research employs a normative legal approach by examining statutory provisions and relevant literature to evaluate the practical implementation of legal norms. The findings reveal that although reconciliation is mandated by law, the failure to undertake such efforts does not invalidate the divorce judgment. This suggests that reconciliation serves as a procedural formality rather than a substantive requirement within the legal framework. The research further underscores the need for a more integrated legal approach that balances legal certainty with child protection. In practice, judicial focus during reconciliation hearings tends to prioritize the interests of the divorcing parties while insufficiently addressing the implications for children. Consequently, the study emphasizes the importance of active judicial intervention to safeguard children's rights to custody, maintenance, and protection during divorce. It advocates for legal reform to transform reconciliation into a meaningful mechanism, ensuring that the child's best interests are at the center of divorce proceedings.
Executing Hadhanah Decisions in Indonesia’s Religious Courts: Islamic Legal Principles, Child Welfare, and Multicultural Challenges Viorizza Suciani Putri; Yassine Chami
Kawanua International Journal of Multicultural Studies Vol 6 No 2 (2025)
Publisher : State Islamic Institute of Manado (IAIN) Manado, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30984/kijms.v6i2.1841

Abstract

This article examines the execution of hadhanah (child custody) decisions in Indonesia’s Religious Courts, focusing on the interaction between Islamic legal principles, child welfare considerations, and multicultural social realities. Using a normative-qualitative approach, the study analyzes statutory regulations, judicial decisions, and relevant Islamic legal doctrines to identify challenges in implementing hadhanah rulings after divorce. The findings reveal that although Religious Courts consistently prioritize the principle of the best interests of the child, the execution of custody decisions often encounters obstacles, including parental resistance, socio-cultural norms, and limited enforcement mechanisms. Multicultural contexts—such as differing religious interpretations, family structures, and local customs—further complicate the effective realization of judicial decisions. The study argues that the gap between normative legal ideals and practical enforcement undermines child protection and legal certainty. It proposes strengthening judicial discretion, enhancing mediation mechanisms, and integrating child-centered and culturally sensitive approaches into hadhanah execution. This article contributes to the discourse on Islamic family law by highlighting the need for a more responsive and welfare-oriented framework in implementing custody decisions within Indonesia’s plural legal and social landscape