Priyono, F.X. Joko
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THE CONCEPT OF LEGAL SUBJECT COMPETENCE IN THE AUTHORITY TO ACT ON MARRIAGE LAW IN INDONESIA Martinelli, Imelda; Priyono, F.X. Joko; Yunanto, Yunanto
Indonesia Law Review Vol. 13, No. 3
Publisher : UI Scholars Hub

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Abstract

This article focuses on discussing legal politics related to one important issue which is very basic, namely regarding the criteria for the ability to act of a human being as a legal subject within the scope of civil law, especially marriage law regarding the minimum age limit for entering into a marriage, who come from backgrounds with different interests and ideologies, make this an issue that can be highlighted. So the problem in this paper becomes whether there is a concept regarding the legal subject's competence in the authority to act on marriage law in Indonesia that accommodates the law in a unique manner? Problems will be answered using normative research methods that use secondary materials as well as legal and conceptual approaches. The conclusion is that there is still no unifying law regarding the authority to act on marriage law in Indonesia because the substance of marriage law is in an area that is not neutral and ambiguous because legal products are unificatory but the implementation of the law is sometimes still pluralistic.
Religious Norms vs. Global Trade Regulations: An Analysis of the WTO DS477/478 Dispute and Indonesia’s Halal Certification Sutrisno, Andri; Priyono, F.X. Joko; Trihastuti, Nanik; Maulidah, Khilmatin; Wendra, Muhammad
Journal of Judicial Review Vol. 27 No. 2 (2025): December 2025
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v27i2.11350

Abstract

This study examines Indonesia’s halal certification as both a legal instrument and an economic policy with direct implications for international trade. Using a normative juridical approach combined with qualitative economic analysis, it explores Law No. 33 of 2014 on Halal Product Assurance (UUJPH) and its application to meat import policies, particularly in the aftermath of WTO disputes DS477/478. Halal certification is framed as a fundamental necessity for Indonesia’s Muslim majority and as a legitimate objective under Article XX(a) of the GATT 1994, which protects public morals. The findings highlight two strategic dimensions of the policy: first, consumer protection and the enforcement of maqāṣid al-sharīʿah through traceable ingredients and production processes; second, its role as an economic tool to enhance product competitiveness, expand international market access, and strengthen Indonesia’s position within the global halal supply chain. However, significant challenges persist. Domestically, limited legal literacy, certification costs, and the constrained capacity of micro, small, and medium enterprises (MSMEs) hinder certification uptake. Internationally, mandatory halal certification is sometimes perceived as an additional technical barrier to trade, sparking trade disputes. Analysis of GATT 1994 Articles III and XI and TBT Agreement Articles 2.2 and 2.4 underscores the need for Indonesia’s policy to avoid unjustifiable discrimination and unnecessary trade restrictions. The study concludes that harmonizing the protection of public morals with multilateral trade commitments is essential. Policy recommendations include revising the UUJPH to align with international standards, strengthening the Halal Product Assurance Agency’s capacity, providing incentives and support for MSMEs, and expanding mutual recognition agreements with key trading partners. With evidence-based, transparent, and inclusive policies, Indonesia can reinforce its role as a global halal industry hub while safeguarding its trade reputation and balancing religious values with international trade obligations.