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All Journal International Journal of Business, Law, and Education Mawaddah: Jurnal Hukum Keluarga Islam
Nur Chanifah
Universitas Brawijaya, Indonesia
Religion Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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Legal Rationalization and The Protection of Children Born Outside Marriage In Indonesia: A Max Weberian Analysis Siti Nurul Intan Sari Dalimunte; Rachmi Sulistyarini; Djumikasih Djumikasih; Nur Chanifah
Mawaddah: Jurnal Hukum Keluarga Islam ##issue.vol## 4 ##issue.no## 2 (2026): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i2.190

Abstract

The relationship between national law and Islamic family law in regulating the status and protection of children born out of wedlock still leaves conceptual problems, especially related to the recognition of civil relationships, parental responsibility, and legal certainty. This study aims to analyze these issues using Max Weber's theory of social action, especially the concept of legal rationalization. Weber's theory is relevant to understand how legal norms, value considerations, and action orientation can be used as an analytical framework in examining legal developments. This study uses normative juridical methods through legislative and conceptual approaches, by analyzing legal documents and doctrines related to Islamic family law and child protection. The results of the analysis show that there are dynamics in the formulation and interpretation of norms regarding civil relations for children born out of wedlock, especially in an effort to bring together the principles of Islamic law, national legal certainty, and the protection of children's rights. These normative findings show a change in the direction of regulation and interpretation, but do not directly prove the social motives of the lawmakers and implementers. This study offers a conceptual contribution by placing legal rationalization as an analytical framework to explain the relationship between norms, values, and child protection without assuming rationalization as a pre-proven conclusion.
Regulating Ecocide in Indonesia Based on the Precautionary Principle Seto Ferdiantoro; Nur Chanifah; Indah Dwi Qurbani
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1169

Abstract

Ecocide, as a massive and far-reaching environmental crime, is gaining increasing attention in various countries including Indonesia. However, Indonesian national law has not explicitly regulated ecocide as a stand-alone crime. In this context, administrative law theory, particularly the Precautionary Principle, plays an important role in formulating legal policies that are responsive to environmental threats. This research uses a normative juridical method with a statutory approach and a conceptual approach. This article analyzes the legal construction of ecocide in Indonesia using the Precautionary Principle theory as an analytical knife to explore whether the current legal policy is sufficient in preventing and overcoming environmental crimes. The results of the research show that there are still many laws and regulations that were born without paying attention to the precautionary principle. This analysis concludes with recommendations for the establishment of more comprehensive ecocide regulations to provide more effective legal protection for the environment.
Co-Authors Djumikasih Djumikasih Indah Dwi Qurbani Rachmi Sulistyarini Seto Ferdiantoro Siti Nurul Intan Sari Dalimunte