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All Journal Jambe Law Journal Jambura Law Review Indonesian Journal of Advocacy and Legal Services Contemporary Issues on Interfaith Law and Society Journal of Law and Legal Reform Jurnal Pengabdian Hukum Indonesia Indonesian Journal of Advocacy and Legal Services The Digest: Journal of Jurisprudence and legisprudence Contemporary Issues on Interfaith Law and Society Indonesian Journal of Counter Terrorism and National Security
Rohadhatul Aisy
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Sacred Bonds or Sinful Ties? Interreligious Marriage in Islamic Law Ramadhan, Rafli Zidan Eka; Aisy, Rohadhatul; Abidah, Shofriya Qonitatin; Fateema Muslihatun; Kusuma, Bagus Hendradi
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31405

Abstract

Interreligious marriage remains one of the most debated issues in Islamic law, raising questions about faith, identity, and legal restrictions. Islamic jurisprudence, derived from the Quran, Hadith, and scholarly consensus, generally prohibits Muslim women from marrying non-Muslim men while allowing Muslim men to marry Christian or Jewish women under specific conditions. This distinction is rooted in concerns over religious continuity, familial stability, and the spiritual upbringing of children. The prohibition reflects the broader Islamic principle of maintaining faith within the household and preventing potential conflicts in religious obligations between spouses. Many Muslim-majority countries have incorporated these religious principles into their national legal frameworks, enforcing restrictions on interfaith marriages. These laws are justified on the grounds of protecting Islamic values and ensuring the predominance of Muslim identity within families. However, in an increasingly globalized world, where cultural and religious boundaries are more fluid, these restrictions face growing challenges. Critics argue that such prohibitions conflict with fundamental human rights, particularly the right to marry and religious freedom. Additionally, interfaith couples often encounter significant legal and social hurdles, including issues related to inheritance, child custody, and religious conversion. This study examines the theological, legal, and sociocultural foundations of the prohibition on interreligious marriage in Islam. By analyzing classical Islamic jurisprudence alongside modern legal and human rights perspectives, this paper explores how these restrictions impact Muslim communities today and whether evolving interpretations can accommodate interfaith unions in pluralistic societies.
Empowering Boja Village through Equilibrium Theory Based Gender Equality for the Enhancement of Family Welfare Widyawati, Anis; Latifiani, Dian; Latifah, Lyna; Aisy, Rohadhatul; Abidah, Shofriya Qonitatin; Ulfiyah, Siti Amatil; Indiyani, Amel Ellsamia; Kusuma, Adilia Putri; Setyanto, Heru
Indonesian Journal of Legal Community Engagement Vol. 7 No. 2 (2024): (July-December, 2024)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v7i2.2937

Abstract

This study explores into exploring the execution of Equilibrium Theory-Based Gender Equality (ETBGE) in Boja Village to enhance family welfare, employing a non-doctrinal (empiric) approach through observation and surveys. Gender equality is crucial for holistic development, especially in rural areas, as it promotes socioeconomic progress. Drawing on Equilibrium Theory, which advocates for equal This study delves into how gender equality principles can be effectively applied at the community level to enhance access to resources and opportunities. Through systematic observation and comprehensive surveys in Boja Village, the study evaluates gender dynamics, resource allocation, decision-making processes, and overall family welfare. Analysis of empirical data, including demographic profiles, economic indicators, and social structures, aims to uncover existing disparities and challenges in achieving gender equality objectives. The findings offer insights into the effectiveness of ETBGE principles in Boja Village, identifying successful areas and those needing further intervention. The study concludes by proposing practical recommendations and strategies to empower Boja Village residents, particularly women, enabling them to participate in decision-making, access resources equitably, and enhance the welfare of their families and the community.
Judicial Pardon as a Humanizing Approach to Criminal Sentencing: Reconstructing Judicial Decisions under the New Indonesian Criminal Code: Pengampunan Hukum sebagai Pendekatan Humanis dalam Penetapan Hukuman Pidana: Rekonstruksi Keputusan Peradilan di Bawah Kitab Undang-Undang Hukum Pidana Indonesia yang Baru Rohadhatul Aisy
The Digest: Journal of Jurisprudence and Legisprudence Vol. 6 No. 2 (2025): The Digest, December 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/digest.v6i2.37174

Abstract

The reform of Indonesia’s criminal law through Law Number 1 of 2023 marks a major shift in the nation’s sentencing philosophy, most notably through the introduction of judicial pardon (rechterlijk pardon). This mechanism authorizes judges to declare a defendant guilty while refraining from imposing punishment when strong humanitarian grounds and proportionality considerations justify such an outcome. This article examines the normative foundations, theoretical frameworks, and implications of this concept for the reconstruction of criminal judgments in Indonesia. Using a normative juridical research method with statutory, conceptual, and comparative approaches, the study analyzes how Articles 51–54 of the new Criminal Code reorient punishment away from a purely retributive model toward a more restorative and humanistic paradigm. The findings demonstrate that judicial pardon addresses a long-standing procedural gap that previously limited judges’ ability to avoid disproportionate punishment, particularly in minor cases involving vulnerable offenders. This article also proposes a structured model for judicial pardon decisions to ensure consistent, transparent, and harmonized application with the forthcoming Criminal Procedure Code. Overall, the study argues that judicial pardon is not merely an additional judicial discretion but a key component of a broader paradigmatic shift toward a more just, contextual, and socially responsive sentencing system.
ASEAN's Role in Countering Global Terrorism Towards Strengthening the Implementation of Regional Security Policy: Peran ASEAN dalam Menangani Terorisme Global Menuju Penguatan Pelaksanaan Kebijakan Keamanan Regional Safira Embun Insanidya; Utami Okta Khamsa; Rohadhatul Aisy
Indonesian Journal of Counter Terrorism and National Security Vol. 3 No. 2 (2024): July-Desember, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v3i2.30758

Abstract

The threat of global terrorism has grown beyond national borders and become a strategic issue in international security, including in Southeast Asia. ASEAN as a regional forum and organization plays an important role in building collective cooperation among member states to tackle transnational acts of terrorism. This article discusses ASEAN cooperation in countering terrorism through instruments such as ACCT, ASEANAPOL, AMMTC, ASC, ARF to defense forums such as ADMM and ADMM-Plus. Using a normative legal approach and descriptive qualitative method, this research evaluates the effectiveness of regional security policy implementation, and identifies the main obstacles such as differences in national legal systems, the lack of integration of digital legal instruments, and attachment to the principles of non-intervention and consensus (ASEAN Way). The results of the study show that although ASEAN has various security cooperation institutions, actual coordination in cross-border law enforcement is still not optimal. Differences in views on criminal penalties, the absence of digital evidentiary standards, and the absence of regional-scale operational agencies are the main obstacles. However, the decline in terror attacks in Southeast Asia since 2019 reflects that cooperation in prevention and intelligence is starting to show results. To strengthen ASEAN's role in dealing with global terrorism, it is necessary to establish a regional counter-terrorism agency with technical authority, develop the ASEAN Model Criminal Code as a measure of criminal law harmonization, and strengthen institutions to be able to react to threats in a fast, integrated, and binding manner. With these steps, ASEAN can move from being just a dialog forum to becoming a key actor in creating a resilient and sustainable regional security system.
Bali Bombing and the Erosion of the Legality Principle: A Juridical Analysis of the Application of Retroactive Law in Countering Terrorism in Indonesia: Ledakan Bom di Bali dan Erosi Prinsip Legalitas: Analisis Hukum tentang Penerapan Hukum Retroaktif dalam Pemberantasan Terorisme di Indonesia Dheni Anugerah Prasetya; Rohadhatul Aisy
Indonesian Journal of Counter Terrorism and National Security Vol. 3 No. 2 (2024): July-Desember, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijctns.v3i2.31141

Abstract

The Bali Bombing I incident in 2002 became an important turning point in counterterrorism in Indonesia. However, the absence of specific regulations related to terrorism during the incident forced the government to issue Perppu No. 1 Year 2002, which was then applied retroactively. This retroactive application of criminal law raises serious issues in the national legal system, especially against the principle of nullum delictum nulla poena sine praevia lege poenali, which is a fundamental principle in the rule of law. This article aims to analyze the validity of the implementation of the Perppu from a normative juridical perspective, as well as to assess whether the argument that the crime of terrorism is an "extraordinary crime" can be used as a justification for retroactive law. By examining national legislation, the constitution, as well as international human rights law instruments such as the ICCPR, this article finds that the government's action has the potential to violate the principle of legality and open space for unconstitutional legal practices in the future. Therefore, strengthening the principles of the rule of law should be the main foundation in drafting anti-terrorism regulations in Indonesia.
Co-Authors Abidah, Shofriya Qonitatin Abu, Roziya Adilia Putri Kusuma Ali Masyhar Amel Ellsamia Indiyani Anis Widyawati Baehaqi Dheni Anugerah Prasetya Dian Latifiani Fateema Muslihatun Heru Setyanto Indiyani, Amel Ellsamia Kusuma, Adilia Putri Kusuma, Bagus Hendradi Lyna Latifah Lyna Latifah Maskur, M. Azil Muhammad Azil Maskur Najihah, Fateema Muslihatun Nte , Ngboawaji Daniel Nte, Ngboawaji Daniel Ramadhan, Rafli Zidan Eka Ridwan Arifin Safira Embun Insanidya Setyanto, Heru Shofriya Qonitatin Abidah Siti Amatil Ulfiyah Teeraphan, Papontee Ulfiyah, Siti Amatil Utami Okta Khamsa Windiahsari, Windiahsari