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Journal : International Journal of Business, Law, and Education

The Position of Children as a Result of Marriage Cancellation of Inbreeding Hasnadewi, Nada; Sulistyarini, Rachmi; Chanifah, Nur
International Journal of Business, Law, and Education Vol. 5 No. 1 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i1.537

Abstract

Human life is inherently paired. So that humans get married. Marriage is a legal and regular offspring connector so as to avoid mixing offspring or bloodline. inbreeding is clearly prohibited in the Marriage Law. The Compilation of Islamic Law also regulates the prohibition of marriage. Then there is a cancellation of marriage from inbreeding. As a result of the cancellation of marriage, the position of children from the cancellation of marriage arises. In terms of the Marriage Law related to the consequences of marriage cancellation in Article 28, the cancellation of marriage begins after a decision from the Court that has permanent legal force and is valid from the time of the marriage. The decision regarding the cancellation of marriage states that it does not apply retroactively to children born from the marriage. This creates uncertainty regarding the position of children from the cancellation of marriage for inbreeding. A marriage is declared invalid according to law and religion if it violates the provisions regarding the conditions or prohibitions in marriage. So can these provisions also apply to the cancellation of marriage for inbreeding. As well as legal protection for the fulfilment of children's rights due to marriage cancellation of inbreeding.
Criminalization of Lesbian, Gay, Bisexual and Transgender (LGBT) Behavior in Indonesia from the Perspectives of Maqashid Shari'ah and Utilitarianism Al Fikri, Badrus Zaman; Chanifah, Nur; Noerdajasakti, Setiawan
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1137

Abstract

This study aims to analyze the formulation of legal regulation for the criminalization of LGBT sexual behaviour in Indonesia through the perspectives of Maqashid Syari'ah and Utilitarianism. In a country with a Muslim-majority population, the LGBT phenomenon frequently raises a conflict between human rights protection and religious values. Using a normative juridical approach, this study examines legislation, legal theories, and relevant secondary data. Findings indicate that there is no explicit national regulation criminalizing LGBT behaviour. The Maqashid Syari'ah perspective emphasizes the protection of five fundamental principles: religion, life, intellect, lineage, and property. Meanwhile, Jeremy Bentham's Utilitarianism asserts that legal policy should maximize societal benefit. The study concludes that integrating these two approaches provides a balanced foundation for criminal policy formulation that upholds moral values and public interest without compromising justice and human rights.
Regulating Ecocide in Indonesia Based on the Precautionary Principle Ferdiantoro, Seto; Chanifah, Nur; Qurbani, Indah Dwi
International Journal of Business, Law, and Education Vol. 6 No. 2 (2025): International Journal of Business, Law, and Education (On Progress July-Desembe
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i2.1169

Abstract

Ecocide, as a massive and far-reaching environmental crime, is gaining increasing attention in various countries including Indonesia. However, Indonesian national law has not explicitly regulated ecocide as a stand-alone crime. In this context, administrative law theory, particularly the Precautionary Principle, plays an important role in formulating legal policies that are responsive to environmental threats. This research uses a normative juridical method with a statutory approach and a conceptual approach. This article analyzes the legal construction of ecocide in Indonesia using the Precautionary Principle theory as an analytical knife to explore whether the current legal policy is sufficient in preventing and overcoming environmental crimes. The results of the research show that there are still many laws and regulations that were born without paying attention to the precautionary principle. This analysis concludes with recommendations for the establishment of more comprehensive ecocide regulations to provide more effective legal protection for the environment.