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All Journal NOTARIUS Brawijaya Law Journal : Journal of Legal Studies Sakina: Journal of Family Studies Trunojoyo Law Review Jurnal Dialektika Hukum Warkat
Hidayat, Fitri
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Journal : Warkat

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The Urgency of Implementing the Ilahiah Principle in the Implementation of E-Commerce Djumikasih; Hidayat, Fitri; Nurhayati, Prawatya Ido; Puspitasari, Indri; Manap, Norhoneydayatie Abdul
WARKAT Vol. 5 No. 1 (2025): Juni
Publisher : Faculty of Law, Universitas Brawijaya

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Abstract

Electronic contracts, especially electronic commerce, are common today because they provide many conveniences for both sellers and buyers. For sellers, e-commerce opens up a much wider market and can reduce the selling price as low as possible because it can reduce distribution and promotion costs. For buyers, e-commerce provides a large selection of products without having to spend time, energy and costs to find products directly. However, these various conveniences also bring up various problems in their implementation, to the detriment of both sellers, buyers and couriers and expedition companies, there are many cases that show that. This because in making an electronic contract the parties do not meet directly, so that there are certain parties who feel innocent when they do not fulfill what they have agreed, because they feel that no one is watching because the opposite party to the agreement cannot see directly.  This research examines the urgency of applying the Ilahiah Principle in the implementation of e-commerce with the approach and conclusion that the Ilahiah Principle is urgent to apply because it moves the parties to remain in good faith in the implementation of the agreement even though they do not meet in person because they feel there is a God who is watching.
Parameter of Compulsory Wills in The Right of Inheritance for Stepchildren: Parameter Wasiat Wajibah dalam Hak Waris Bagi Anak Tiri Saleh, Farah Labita Putri Insyira Maharani; Sulistyarini, Rachmi; Hidayat, Fitri
WARKAT Vol. 5 No. 2 (2025): Desember
Publisher : Faculty of Law, Universitas Brawijaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/warkat.v5n2.1

Abstract

This Research examines the parameters that determine whether a stepchild is entitled to an obligatory will (wasiat wajibah) and includes a legal issue—that is, a legal vacuum in the regulation of wasiat wajibah for stepchildren. This legal vacuum is evident from the absence of explicit norms in Presidential Instruction No. 1 of 1991 concerning the Dissemination of the Compilation of Islamic Law (KHI), which opens up the possibility of differing interpretations at the level of the religious courts. Accordingly, the researchers then sought an accurate formulation for determining those parameters using normative juridical research with an approach based on legislation, conceptual analysis, and case studies to observe the evolving materials of parameters in each case where judges apply the parameter in their decisions, grounded in the principles of justice, benevolence (maslahah), legal certainty, legality, and textual-legal foundations.To realize legal certainty while remaining aligned with the principles of legal progressiveness, judges often apply qiyās to the provisions on adopted children by considering the principles of justice, public benefit (maslahah), as well as emotional and caregiving relationships. This dynamic illustrates the efforts of the religious judiciary to maintain legal certainty in harmony with substantive justice. Based on these findings, this study recommends that the Supreme Court, the Ministry of Religious Affairs, and national regulatory bodies promptly establish explicit formal regulations concerning compulsory wills (wasiat wajibah) for stepchildren, either through a revision of the Compilation of Islamic Law (KHI) or through a Supreme Court Circular (SEMA) as a uniform juridical guideline. Such regulations should include objective criteria—such as the duration of caregiving and the degree of emotional closeness—so that judges no longer rely solely on individual interpretation. Accordingly, legal protection for stepchildren can be realized through norms that are clear, definite, and reflective of both justice and public welfare.
Co-Authors Aju Putrijanti Djumikasih Halan, Jovita Dwi Caroline Indri Puspitasari, Indri Manap, Norhoneydayatie Abdul Rachmi Sulistyarini Riana Susmayanti Rumi Suwardiyati Saleh, Farah Labita Putri Insyira Maharani Tiara Maharani, Tiara