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All Journal Gender Equality: Internasional Journal of Child and Gender Studies Jurnal Geuthee
Lestari, Chadijah Rizki
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Education Energy Engineering Law, Crime, Criminology & Criminal Justice Social Sciences

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Harmonizing law and faith: The validity of female instrumentaire witnesses in notarial deeds and the principle of gender justice Effendi, Basri; Qasthary, Auzan; Angkasa, Muhammad Akbar; Lestari, Chadijah Rizki
INTERNATIONAL JOURNAL OF CHILD AND GENDER STUDIES Vol 11 No 2 (2025)
Publisher : UIN Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/equality.v11i2.31950

Abstract

The issue of female instrumentary witnesses in notarial deeds is significant due to differing perspectives between Indonesian positive law and Islamic law. The Notary Office Act (UUJN) does not differentiate witnesses based on gender, as long as they are adults, legally competent, and independent. In contrast, some classical Islamic views consider women’s testimony in muamalah matters to be worth half that of men, as stated in Surah Al-Baqarah verse 282. This raises questions regarding the validity of notarial deeds involving female instrumentary witnesses. This study employs a normative juridical method with a conceptual approach through library research, including UUJN, the Qur’an, classical exegesis, and academic literature. The analysis is qualitative with deductive reasoning, comparing positive legal norms and Islamic law, while also interpreting their relevance through the principle of maqashid al-shari‘ah. The findings show that under Indonesian positive law, a notarial deed remains valid even with female witnesses, since the key requirement lies in legal competence rather than gender. Meanwhile, classical Islamic law restricts women’s testimony, but contemporary interpretations grounded in maqashid al-shari‘ah emphasize justice and equality, thereby granting women equal standing in giving testimony. In conclusion, the use of female instrumentary witnesses in notarial deeds does not contradict Indonesian positive law or contemporary Islamic legal principles. This study highlights the importance of harmonizing national law and Islamic law so that Indonesia’s legal system can be more responsive to justice and gender equality values.
Trade liberalisation vs. trade remedies: Indonesia's industries struggling from pandemic to endemic transition wardah, Wardah; Lestari, Chadijah Rizki; Kurniasari, Eka
Jurnal Geuthèë: Penelitian Multidisiplin Vol 9, No 1 (2026): Jurnal Geuthèë: Penelitian Multidisiplin
Publisher : Geuthèë Institute, Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52626/jg.v9i1.458

Abstract

This article analyzes the integration of the law of the WTO with national legislation to protect member states, exemplified by Indonesia's challenges with losses and damage to domestic businesses due to imported goods in the Covid-19 pandemic. The current study seeks the answer of (1) Will Indonesian local industries benefit more from the globalization of the economy? (2) Will they retain the right to restrict or close their markets due to Covid-19 in accordance with WTO agreements? This research employs the normative legal method to provide answers to the posed questions. Researchers have used dynamic data on Indonesia's experiences from the early part of the pandemic to its endemic stage. The results indicate that trade liberalisation is advantageous for countries because it encourages the reduction or elimination of international trade barriers, but free trade can hurt local businesses because of competition from around the world. This means that trade remedies must be implemented to protect the local industry in emergency situations such as during a pandemic transitioning to an endemic state, as these measures can help mitigate the negative impacts of increased foreign competition on local businesses.
Co-Authors Angkasa, Muhammad Akbar Auzan Qasthary EFFENDI, BASRI EKA KURNIASARI Wardah Wardah