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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Veteran Law Review Pena Justisia: Media Komunikasi dan Kajian Hukum Ihsan: Jurnal Pengabdian Masyarakat Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences Maslahah: Jurnal Pengabdian Masyarakat Law_Jurnal INTERNATIONAL JOURNAL OF CULTURAL AND SOCIAL SCIENCE Proceeding International Seminar of Islamic Studies Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik)
Rahmi, Atikah
Unknown Affiliation
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Social Sciences Other

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Comparison of Indonesia and Thailand Adoption Regulations: Dialectics of Legal Certainty and Protection of the Best Interests of Children Br Ginting, Gaby Claryssa; Rahmi, Atikah
Al-Risalah VOLUME 26 NO 1, MAY (2026)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.64825

Abstract

Adoption is a legal institution that has long-term civil implications for the identity status, family relationships, and rights of children as legal subjects. Differences in adoption regulatory approaches between countries directly impact the level of legal certainty and the quality of child rights protection. This study aims to analyze the comparative legal construction of adoption regulations in Indonesia and Thailand in ensuring legal certainty, as well as to examine the implementation of the principle of the best interests of the child as an effort to protect children's rights. This study uses a qualitative method with a normative-comparative legal approach through an analysis of related laws and regulations, doctrines with Indonesian regulatory laws, such as Law Number 35 of 2014 concerning Child Protection, Government Regulation Number 54 of 2007 concerning the Implementation of Child Adoption, the Compilation of Islamic Law (KHI), and Articles 1598/19–1598/37 of the Thai Criminal Code. The results of the study indicate that Indonesia has built an adoption system within an administrative social protection framework that does not fully guarantee substantive legal certainty, particularly regarding the civil status and inheritance rights of adopted children. In contrast, Thailand has developed a legal assimilation-based adoption model that fully integrates adopted children into the family legal structure, thus providing more comprehensive and long-term legal certainty and protection of children's rights. The application of the child's best interests principle in Thailand has been institutionalized as a substantive legal standard, while in Indonesia it remains declarative-administrative. This study recommends the need for reformulation of legal policies on child adoption in Indonesia to strengthen substantive protection and ensure long-term legal certainty for adopted children.
INTERFAITH MARRIAGE FROM A LEGAL PERSPECTIVE INDONESIA AND THAILAND: BETWEEN REGULATION AND FREEDOM OF RELIGION Pratiwi, Dea; Rahmi, Atikah
International Journal of Cultural and Social Science Vol. 7 No. 1 (2026): International Journal of Cultural and Social Science
Publisher : Pena Cendekia Insani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53806/ijcss.v7i1.1321

Abstract

Interfaith marriage is a social phenomenon that continues to grow in multicultural societies, but still raises legal debates regarding legal certainty and freedom of religion. This article aims to analyze the implementation of legal norms regarding interfaith marriage in social and institutional practices in Indonesia and Thailand, as well as to assess the extent to which legal regulations in both countries reflect a balance between legal certainty and freedom of religion. This study uses a normative legal research method with a regulatory, conceptual, and comparative approach. Data was obtained through a literature study of primary, secondary, and tertiary legal materials, which were then analyzed qualitatively. The results of the study show that in Indonesia, interfaith marriages face significant legal obstacles because the marriage law system still uses religion as the basis for the validity of marriage, as stipulated in Law Number 1 of 1974. This condition creates legal uncertainty and encourages couples to pursue alternative strategies, such as applying for a court ruling or getting married abroad. In contrast, Thailand implements a more secular and administrative marriage law system, where the validity of marriage is determined through civil registration without requiring religious similarity, although in Muslim communities the role of the Islamic Religious Council remains influential socially and religiously. This study concludes that the regulation of interfaith marriage in Thailand is relatively more capable of balancing legal certainty and religious freedom compared to Indonesia. Therefore, it is necessary to reformulate marriage law policies in Indonesia to be more adaptive and inclusive in order to respond to the social reality of a pluralistic society without neglecting constitutional and social values.
Co-Authors Al Hilal, Prara Armaini, Sri Asliani, Asliani Br Ginting, Gaby Claryssa Effendi, Tommy Eka Putri, Sabila Erlindawaty, Erlindawaty Faisal Riza, Faisal Harisman Harisman Ida Martinelli Muhammad Fitra Zambak Nalil Khairiah Nasution, Khairil Azmi Pratiwi, Dea Rambe, Mhd Sayyid Ihsan Ramlan, H. Sigit Hardiyanto Suryani T, Nurul Aulia Syahbana, Tengku Erwin Zuhra, Radhiya Febrina Tri Annisa