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ALFIAH
Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember

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ISU KONTEMPORER HUKUM KELUARGA POLIGAMI DAN TEKANAN HUKUM INTERNASIONALTERHADAP REGULASI HUKUM KELUARGA INDONESIA Dzurrotul Muniroh Ahdaniah; Alfiah
ASA Vol 8 No 1 (2026): FEBRUARI
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v8i1.210

Abstract

Polygamy is one of the contemporary issues in Indonesian family law that has sparked debate because it relates to Islamic law, national law, and international human rights principles. This study aims to analyze the protection of women’s and children’s rights in Indonesia’s polygamy regulations, examine the influence of international legal pressures and the principle of gender equality on Indonesian family law policy, and explain a model for harmonizing Islamic law and international human rights standards in the regulation of polygamy. This study employs a normative legal methodology using both a statutory and a conceptual approach. Data were obtained through a literature review of relevant legislation, books, and scholarly journals. The results indicate that polygamy regulations in Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law have provided legal protection for women and children through requirements such as court permission, the wife’s consent, financial capacity, and the principle of justice. However, the effectiveness of this protection still faces various obstacles, In the context of harmonization, Indonesia has adopted a moderate approach by continuing to recognize polygamy as part of Islamic law, while imposing legal restrictions to ensure the protection of the rights of women and childrenprimarily due to the practice of “siri” polygamy, which is not legally registered. Furthermore, international legal pressure through CEDAW and the principle of gender equality has influenced Indonesian family law policy by promoting stricter restrictions and oversight of polygamy practices.
REKUALIFIKASI SENGKETA MODAL LELANG BANK DARI PERBUATAN MELAWAN HUKUM MENJADI PERIKATAN UTANG PIUTANG Adi Fathurrozi; Alfiah
ASA Vol 8 No 2 (2026): AGUSTUS
Publisher : Sekolah Tinggi Ilmu Syariah Abu Zairi Bondowoso

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58293/asa.v8i2.225

Abstract

This article analyzes the legal requalification of a bank auction capital dispute based on Supreme Court Decision Number 1411 K/Pdt/2026. The research focuses on the difference between an unlawful act claim and the Court's determination that the relationship constituted a debt agreement. This normative legal research uses statutory, conceptual, and case approaches. The result shows that the Court examined the substance of the legal relationship through evidence, debt acknowledgment deeds, received funds, and repayment obligations.
Co-Authors Adi Fathurrozi Dzurrotul Muniroh Ahdaniah