Siti Rohmah
Faculty of Law, Brawijaya University Malang, Indonesia

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Legal Certainty Regarding The Validity Period of Halal Certificates In Indonesia Kuntari Angrani; Yenny Eta Widyanti; Siti Rohmah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 2 (2026): September
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i2.383

Abstract

Regulations regarding the validity period of halal certificates in Indonesia have undergone significant changes following the enactment of Law Number 6 of 2023 concerning Job Creation. Previously, Law Number 33 of 2014 concerning Halal Product Assurance stipulated that halal certificates are valid for four years and must be renewed periodically as a form of state supervision of the consistency of product halalness. However, after the amendment through the Job Creation Law, halal certificates are declared valid as long as there are no changes in the composition of ingredients and/or halal product processes. This study aims to analyze the shift in regulations regarding the validity period of halal certificates and assess the legal certainty of these regulations based on Gustav Radbruch's theory. The novelty of this research lies in its critical analysis of the transition from a periodic monitoring model to a perpetual halal certification model within the framework of legal certainty, justice, and utility. This research is a normative legal study using a legislative approach and a conceptual approach. The legal materials used consist of primary, secondary, and tertiary legal materials collected through literature studies and analyzed descriptively and qualitatively. The results show that changes in regulations regarding the validity period of halal certificates reflect a shift in legal orientation from a periodic monitoring system to administrative simplification and economic efficiency. While these changes provide administrative and economic benefits for businesses, they also create legal challenges in the form of unclear norms, weak post-certification oversight, and the potential for reduced legal protection for Muslim consumers. According to Gustav Radbruch's theory, these regulations tend to prioritize utility over legal certainty and justice. Therefore, regulatory harmonization and strengthening of the oversight system are needed to ensure optimal legal protection for Muslim consumers in Indonesia.
Complete Systematic Land Registration as Equitable Legal Protection for Uncertified Yasan Land Ownership: A Study in Talangsuko Village, Malang Ahmad Fikrulloh Amin; Rachmi Sulistyarini; Siti Rohmah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 4 (2027): March in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i4.421

Abstract

Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap, PTSL) aims to provide legal certainty and protection for community land rights. However, previous studies have tended to focus on program effectiveness without specifically examining the quality of the implementation process for holders of uncertified tanah yasan (customary land held under local customary practices). This study offers an original contribution by integrating Soerjono Soekanto’s law enforcement theory, Lawrence M. Friedman’s legal system theory, and Imam Al-Ghazali’s maslahah theory to analyze equitable legal protection. It aims to examine the dominant factors hindering PTSL implementation, the measures taken to address these obstacles, and the enforcement of law in a manner that ensures justice for holders of uncertified tanah yasan in Talangsuko Village, Turen Subdistrict, Malang Regency. This study employed a socio-legal research method with a sociological juridical approach. Data were collected through questionnaires administered to 82 respondents selected using purposive sampling based on the relevance of their experience as PTSL participants, interviews, observations, and a review of relevant legislation and legal materials. The findings indicate that the dominant obstacles to PTSL implementation are internal factors, particularly financial management, community participation, and the proper maintenance of administrative documentation. All respondents perceived the preparatory fees charged to them as inconsistent with the applicable provisions as they understood them, while 98.8% stated that they had not been involved in deliberations to determine the fees. These findings indicate problems concerning financial transparency and community participation; however, they do not, in themselves, establish that the fees were legally non-compliant without independent verification of payment records and the legal basis for determining the fees. Recommended improvements include greater financial transparency, administrative assistance, documentation of boundary-marker installation, stronger supervision and coordination, and increased community participation. From the perspective of maslahah, equitable law enforcement must protect property interests through an orderly, transparent, and accountable land registration process. This study is limited to 82 respondents in a single village; therefore, its findings should be interpreted within the research context and cannot be directly generalized to other regions.
Normative Criteria for the Use of Wali Muhakkam in Itsbat Nikah Proceedings Salwa Azzahro; Rachmi Sulistyarini; Siti Rohmah
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 22 No. 3 (2026): December in progress
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v22i3.422

Abstract

This study aims to formulate the limitations and criteria for the use of wali muhakkam as a requirement for marriage validity in itsbat nikah proceedings (judicial confirmation of marriage) and to analyze the legal certainty of their application. The research addresses the interpretive scope of Article 2(1) of Law No. 1 of 1974 on Marriage, particularly its reference to religious law, and its relationship with the Compilation of Islamic Law, which regulates wali nasab and wali hakim but does not explicitly regulate wali muhakkam. This regulatory gap has contributed to divergent judicial interpretations. Employing normative legal research with statutory, conceptual, and case approaches, this study analyzes six Religious Court determinations: three rejecting and three granting applications for judicial confirmation of marriage involving wali muhakkam. Legal materials were collected through library research and analyzed prescriptively using Jasser Auda’s Systems Approach and Bagir Manan’s theory of legal certainty. The findings establish that wali muhakkam should be treated as an exceptional, last-resort mechanism rather than an alternative equivalent to wali nasab or wali hakim. Its use must satisfy six cumulative criteria: the absence of a wali nasab capable of exercising guardianship; the actual unavailability of the wali hakim mechanism; exceptional circumstances; consistency with the objectives of Islamic law (maqāṣid al-syarī‘ah); compatibility with the national marriage law system; and the guardian’s personal qualifications under relevant Islamic jurisprudential doctrines. The originality of this study lies in formulating these cumulative, case-specific criteria as normative parameters for judicial assessment to strengthen legal certainty through decisions grounded in relevant facts, evidence, and reasoned legal analysis.