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All Journal Lentera Hukum Perspektif Hukum Hang Tuah Law Journal
Romadoni, Rahayu Mulia
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Law, Crime, Criminology & Criminal Justice Social Sciences

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The Iddah Period as A Reason for Cancellation of Marriage Romadoni, Rahayu Mulia
Lentera Hukum Vol 6 No 2 (2019): LENTERA HUKUM
Publisher : University of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/ejlh.v6i2.11253

Abstract

The iddah period is a waiting period that applies to a woman whose marriage is broken legally through a divorce or physically through the death of a husband. Any woman who has not had a prior marriage must observe the iddah period. As one of the legal conditions of marriage, failure to complete the iddah period can result in the cancellation of any secondary marriages. In this study, judges release a verdict in accordance with the laws and legislation of Indonesia, namely Law No. 1 of 1974 on Marriage and a compilation of Islamic law found in Al-Qur'an and Hadith. This article uses legal research based on positive laws including judicial decision. This study concluded that if a marriage is prohibited for a failure to satisfy the condition of iddah, that marriage must be canceled. This article employs statute and conceptual approaches to legal research, as well as case study methodology, with the aim of departing from the views and doctrines that develop in law in order to build a legal argument that addresses legal issues. Analyzing the Decision of the Mojokerto Religious Court Number 1365/Pdt.G/2014/PA.Mr, this study argues that prospective spouses are responsible for awareness of their prospective partners’ marriage eligibility and fulfillment of all requirements, material and formal, clearly stipulated in state and religious law. Keywords: Iddah, Islamic Law, Marriage Cancellation
Regulatory Framework for Blue Sukuk: Enhancing Blue Economy by Reinforcing Shariah Investment Mentari, Nikmah; Romadoni, Rahayu Mulia
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.280

Abstract

The emergence of Blue Sukuk presents a strategic opportunity to mobilize capital for sustainable development in Indonesia's blue economy. This research delves into the regulatory framework necessary to support the implementation of Blue Sukuk, a financial instrument rooted in Islamic finance principles and designed to fund projects promoting oceanic sustainability. Indonesia's rich marine biodiversity and extensive coastline underscore the potential of Blue Sukuk to attract diverse investors and strengthen capital markets. Effective regulatory measures are pivotal in ensuring compliance, transparency, and investor confidence. The method of this research is normative-juridical methods. This research is statute and conceptual approach. This paper examines Indonesia-specific regulatory considerations and proposes strategies to optimize the role of Blue Sukuk in fostering economic resilience and environmental stewardship in the archipelago nation. Meanwhile, the Sukuk is based on sustainability development on Indonesian Financial Services Authority (OJK) Regulation’s Number 18 Year 2023. It is a big opportunity for Shariah investment in Indonesia where Islam is the biggest Islamic religion in this country.
Corporate Liability Of Banks For Failures In Implementing Green Banking Principles: Tanggung Jawab Korporasi Bank atas Kegagalan dalam Menerapkan Prinsip-Prinsip Perbankan Hijau Romadoni, Rahayu Mulia; Mardiyati, Nursanti; Putri, Aisyah Nikita Permata
Perspektif Hukum VOLUME 26 ISSUE 1
Publisher : Faculty of Law Hang Tuah University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/ph.v26i1.629

Abstract

The global transition toward a low-carbon economy is driving the adoption of Green Central Banking to integrate environmental risks into financial stability. In Indonesia, the Sustainable Finance mandate requires banks to implement ESG (Environmental, Social, and Governance) principles; however, lending practices to “brown sectors” remain prevalent. This normative legal research analyzes the standing of these principles and maps the legal liability of banks through statutory and conceptual approaches. The results indicate that these principles have transformed from soft law into hard law through OJK (Financial Services Authority) regulations. Non-compliance gives rise to multidimensional liability: administrative via OJK sanctions; civil through the Lender Liability doctrine (Article 1365 of the Indonesian Civil Code) for negligence in due diligence; and criminal regarding involvement in environmental degradation and money laundering risks. The study concludes that current liability mechanisms remain fragmented. Harmonization of regulations and the tightening of environmental legal audit standards in credit distribution are essential to mitigate legal risks and ensure banking compliance with national sustainability targets. The novelty of this research lies in its construction of a unified, multidimensional liability framework—integrating administrative, civil, and criminal law dimensions—specifically within the Indonesian legal context, an analytical synthesis that existing sustainable finance literature in Indonesia has not yet comprehensively addressed. Unlike prior studies that examine OJK regulations or the Lender Liability doctrine in isolation, this research maps the normative intersections between the Banking Law, UU PPLH, and POJK 51/2017 to expose systemic gaps and propose concrete directions for legal harmonization.
Co-Authors Mardiyati, Nursanti Mentari, Nikmah Putri, Aisyah Nikita Permata