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All Journal Wacana Paramarta: Jurnal Ilmu Hukum Sosiohumanitas: Jurnal Ilmu-Ilmu Sosial dan Humaniora Jurnal Scientia POLITICA: Jurnal Hukum Tata Negara dan Politik Islam AKSELERASI: Jurnal Ilmiah Nasional Fox Justi : Jurnal Ilmu Hukum Jurnal Ekonomi Scientia Regendi Jurnal Hukum, Politik dan Ilmu Sosial (JHPIS) Cessie : Jurnal Ilmiah Hukum Jurnal Multidisiplin Sahombu Jurnal Ilmiah Multidisiplin Indonesia Influence: International Journal of Science Review Academica : Jurnal Pengabdian Kepada Masyarakat Rechtsvinding Jurnal Sosial Sains dan Komunikasi (Ju-SoSAK) Jurnal Restorasi: Hukum dan Politik
Riza Zulfikar
Universitas Langlang Buana
Religion Agriculture, Biological Sciences & Forestry Arts Humanities Chemistry Civil Engineering, Building, Construction & Architecture Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Physics Public Health Social Sciences Other

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Pembagian waris atas tanah dihubungkan dengan Undang-undang No 1 Tahun 1974 Tentang Perkawinan Riza Zulfikar; Ati Nurhayati
Cessie : Jurnal Ilmiah Hukum Vol. 4 No. 1 (2025): Cessie: Jurnal Ilmiah Hukum
Publisher : ARKA INSTITUTE

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55904/cessie.v4i1.1492

Abstract

Sengketa waris kerap memicu konflik keluarga, terutama akibat ketidakpuasan salah satu ahli waris terhadap pembagian harta. Faktor penyebab umumnya meliputi keserakahan, keterlambatan pembagian, ketidakjelasan status harta, dan manipulasi. Dalam praktik, sistem faraid dalam Islam sering tidak diterapkan sebagaimana mestinya, sehingga menimbulkan perselisihan. Penelitian ini bertujuan untuk menganalisis mekanisme penyelesaian sengketa waris atas tanah berdasarkan Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan dan Kompilasi Hukum Islam, serta implikasinya dalam praktik peradilan agama.  Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan. Hasil penelitian menunjukkan bahwa Kompilasi Hukum Islam (KHI) menetapkan istri mendapat 1/8 bagian, dan sisanya dibagi kepada anak-anak berdasarkan prinsip ashabah. Untuk mencegah pengalihan aset sebelum putusan tetap, dapat diterapkan sita jaminan dan sanksi dwangsom. Upaya mediasi sering gagal, sehingga perkara diajukan ke Pengadilan Agama. Peninjauan Kembali (PK) dapat diajukan jika terdapat novum. Setelah putusan inkracht, pelaksanaan eksekusi dapat dimohonkan ke pengadilan.
Legal Protection of Children Born in Serial Marriages Heddy Permana Putra; Riza Zulfikar; Bambang Slamet
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1588

Abstract

Serial marriage, which is a marriage that is legal according to Islamic law but is not registered in a state institution, raises serious legal problems, especially for children born from the bond. This study aims to analyze the construction of Indonesian law regarding the status and protection of children's civil rights from serial marriage, both before and after the birth of the Constitutional Court Decision Number 46/PUUVIII/2010. The research method used is normative juridical with a legislative, conceptual, and comparative approach. The results of the study show that before the ruling, children from serial marriages were categorized as children out of wedlock who only had a civil relationship with their mother and mother's family based on Article 43 paragraph (1) of Law Number 1 of 1974 concerning Marriage, so that their basic rights — including the rights of identity, maintenance, guardianship, and inheritance — were systematically deprived. The Constitutional Court's decision in 2010 became a turning point by opening a civil relationship between the child and his biological father as long as it can be proven through science and technology, including DNA tests. However, the implementation of legal protection still faces a number of obstacles, including the rigidity of the bureaucracy of population registration, the high cost of proving nasab, and the conflict of norms between the Constitutional Court Decision and the Compilation of Islamic Law in terms of inheritance rights. From the perspective of Islamic law, child protection rests on the principles of sharia maqashid, especially the protection of nasab (hifdz annasl), which is in line with the spirit of positive legal restorative justice. This study recommends the revision of the Marriage Law, strengthening the population registration system, providing subsidized DNA test services, and issuing Supreme Court guidelines to realize legal certainty that is in favor of the best interest of the child.
Legal Protection for Consumers in Non-Bank Sharia Mortgage Schemes: A Maqāṣid al-Sharī‘ah and National Regulatory Approach Riza Zulfikar
INFLUENCE: INTERNATIONAL JOURNAL OF SCIENCE REVIEW Vol. 7 No. 3 (2025): INFLUENCE: International Journal of Science Review
Publisher : Global Writing Academica Researching and Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54783/influencejournal.v7i3.313

Abstract

The development of the Sharia-based property industry in Indonesia has increased public interest in non-bank sharia mortgage schemes as an alternative for home financing that complies with Islamic principles. However, the implementation of these schemes lacks adequate specific regulations, resulting in suboptimal legal protection for consumers. Many face issues such as non-transparent contracts, unilateral actions by developers, and difficulties in dispute resolution due to the absence of sharia-based settlement mechanisms. This research aims to analyse consumer protection in non-bank Sharia mortgage schemes from the perspectives of positive law and maqāṣid al-sharī‘ah, and to formulate regulatory recommendations that are just, transparent, and aligned with Sharia values. This research adopts a normative juridical method through a formal literature study of applicable regulations, fatwas, and legal doctrines, combined with maqāṣid al-sharī‘ah analysis as a moral and ethical foundation. The findings reveal that the current level of protection falls short of ideal standards due to the lack of standardized contract models and sharia-based dispute resolution mechanisms. It is recommended that a collaborative regulatory framework be developed, prioritizing justice, transparency, and sustainability, to substantively safeguard consumer rights and enhance public trust in non-bank Sharia property financing systems.
Legal Protection of Joint Property in Serial Marriage Yuninda Dwi Kartika; Riza Zulfikar; Bambang Slamet
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1797

Abstract

Nowadays, there are still many people in Indonesia who hold or carry out marriages that are legally legal but are not registered in the state. Marriages that are legally valid in religion but not registered in the state (sirri marriage or underhand marriage) raise various legal problems, one of which is regarding the legality of including the name of the spouse on the assets obtained during the marriage This is related to many problems, especially in the protection of the rights of women and children in legally valid marriages but not registered in the state. Meanwhile, the State has sought to protect the rights of Women and Children, one of which is the issuance of Law No: 1 of 1974 concerning Marriage and the Compilation of Islamic Law and stipulates that a valid marriage is a marriage that is carried out according to the laws of their respective religions and recorded in accordance with the applicable laws and regulations. Assets in marriage in Indonesia are divided into two main categories, namely inherited/personal property and joint property (gonogini). Based on Law No: 1 of 1974, all assets before marriage are inheritances, or gifts are the personal property of each and all assets obtained in marriage become joint property, unless there is a prenuptial agreement. In marriages that are religiously valid but not recorded in the state, it does not rule out the possibility of the birth of children and the emergence of property obtained in the marriage. However, in this case, in the event of divorce or breakup, the state cannot be present to protect the rights of women and children in terms of the division of property or the distribution of inheritance to property or assets obtained in a marriage that is legally religious but not recorded in the country. So that it causes many problems for families who are abandoned or the separation of marriages, the impact of which is felt by many people, especially women and children. This article examines in depth the legal position of marriage that is not recorded in the Indonesian legal system, the status of joint property in the marriage, as well as the technicaljuridical issues of including the name of the spouse in asset ownership documents such as land rights certificates, sale and purchase deeds, fiduciary deeds, and banking documents and examines the importance of providing legal awareness for the wider community, especially women, about the legal consequences or impacts of legal marriage religiously but not recorded in the state. Thus, it is hoped that the community will better understand and reduce religious legal marriages that are not recorded according to applicable laws and regulations, become legally and recorded marriages so that the state can be present to protect the rights of all its citizens, especially women and children.
Critical Analysis of the Obligation to Pay Taxes and Zakat: A Comparative Study of Islamic Law and Indonesian Fiscal Law Hasyim Adnan; Riza Zulfikar; Dani Durahman
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol. 13 No. 1 (2026): Politica: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v13i1.14423

Abstract

Indonesian Muslims are also required to pay zakat (muzakki) to the state, which is administered by the National Zakat Agency (Baznas). As Muslims, Indonesians have two obligations, namely to pay taxes and zakat on the same taxable object, resulting in a dual financial obligation. The policy of integrating or equalizing these obligations through tax deductions for zakat has become controversial because it is considered to contradict Islamic law. This study employs a normative-juridical research method using statutory and comparative law approaches. It aims to examine various legal instruments related to taxation and zakat under both Indonesian law and Islamic law. The findings show that zakat is a religious obligation for Muslims and must be distributed to those who are entitled to receive it (mustahik) in accordance with Islamic law (nash). However, for Indonesian Muslims, paying zakat is not only a religious obligation but also a legal obligation stipulated in Law No. 38 of 1999 on Zakat Management. To prevent people from paying both zakat and tax on the same object, the government enacted Law No. 17 of 2000 on Income Tax. For example, Article 9(1) of Law No. 17 of 2000 provides that taxpayers who pay income zakat through government-authorized institutions may deduct the amount of zakat from their taxable income. This fiscal policy effectively equates zakat with taxation. Many fuqaha reject this mechanism because zakat and taxation differ in their legal foundations, requirements, payment procedures, and distribution mechanisms. Therefore, several Muslim-majority countries, such as Saudi Arabia, Pakistan, and Brunei Darussalam, regulate zakat and taxation separately, and the two obligations are not legally interconnected.
Politics of Law in Supervising Digital Disinformation During Democratic Elections in Indonesia Satrio Adi Warsito; Bambang Slamet Riyadi; Riza Zulfikar
Fox Justi : Jurnal Ilmu Hukum Vol. 16 No. 03 (2026): Fox justi : Jurnal Ilmu Hukum
Publisher : SEAN Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This research examines the politics of law concerning the supervision of digital disinformation in democratic elections in Indonesia amid the rapid development of digital communication technology and social media platforms. The study aims to analyse the effectiveness of Indonesia’s legal framework in supervising digital political communication during elections and to identify the reconstruction of legal policy necessary to maintain electoral integrity and democratic legitimacy. The spread of fake news, political propaganda, algorithmic manipulation, and artificial intelligence-generated political content has significantly influenced democratic participation and electoral processes in Indonesia. However, existing electoral and electronic information regulations remain fragmented and relatively reactive toward technological developments. This research employs normative legal research using statutory, conceptual, and comparative approaches. The statutory approach analyses regulations concerning elections and electronic information, while the conceptual approach examines theories of politics of law, democracy, and digital governance. The comparative approach compares Indonesia’s legal framework with several democratic countries regarding digital election supervision. The research specification is analytical-descriptive, with data collected through library research involving primary, secondary, and tertiary legal materials. Data analysis is conducted through qualitative juridical analysis based on constitutional principles and democratic values. The results show that Indonesia’s politics of law concerning digital election supervision requires adaptive legal reform through strengthening legal substance, institutional coordination, digital platform accountability, and public digital literacy. The novelty of this research lies in its analysis of digital election supervision from the perspective of politics of law by emphasizing adaptive democratic legal governance that balances freedom of expression with the protection of electoral integrity in the digital era.
Model of Application of the Principle of Freedom of Contract in Stock Repurchase Agreement (REPO) Transactions in the Capital Market Eni Dasuki Suhardini; Rachmat Suharno; Inda Nurdahniar; Riza Zulfikar
JURNAL HUKUM, POLITIK DAN ILMU SOSIAL Vol. 2 No. 4 (2023): Desember: JURNAL HUKUM, POLITIK DAN ILMU SOSIAL
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/jhpis.v2i4.6777

Abstract

The aim of the research is for shareowners to better understand their rights and obligations as well as the purpose of their agreement in repoing their shares, b) for repo holders to better understand the agreement that has been outlined in the repo transaction and then give birth to their rights and obligations so that they do not commit acts that are prohibited in repo transactions, and c) for investors (third parties) to be more careful and understand the provisions relating to repo transactions, so as not to buy shares that are repoing. OJK is more firm in implementing sanctions against those who break rules in the capital market so that investment order and certainty can be created in order to create a fair and fair play investment climate. Regulations in share repo transactions should not only be aimed at financial service institutions but also at share repo transactions carried out between issuers so that they can be monitored so that losses arising from (failure to deliver) can be minimized. OJK has added a mechanism for reporting and publishing repo transactions so that this event is known to the public and anyone interested in investing in the capital market knows the status of shares being repo. Based on the research results, it was concluded that the application of the principle of freedom of contract for parties in stock repo transactions between issuers has basically been implemented in accordance with Article 1338 paragraph (1) of the Civil Code and POJK, although in its implementation there are still parties who do not carry out their obligations; Share repo holders are civilly liable to the owner or a third party if the shares repo to them are transferred to a third party before maturity; The model for regulating stock repo transactions, whether carried out with financial service institutions or between issuers, contains reporting and publication obligations carried out by the OJK in order to provide certainty and fairness for issuers, repo holders and investors in accordance with the objectives of capital market law.
Co-Authors Aldina Setiani Andika Pratama Ati Nurhayati Bambang Slamet Bambang Slamet Riyadi Dani Durahman dian lestari Esty Oktavianty Fani, Ryan Ganjar Turesna Hadi Purnomo Hadi Purnomo Hasan Basri Hasyim Adnan Heddy Permana Putra inda nurdahniar Ipa Rosita Katim, Ciavi Adinda Giantri Kurniawan, Nurul Fallah Ludi Hermawan Novi Prisela Putri Paulana Christian Suryamin Rachmat Suharno Rafly, Muhamad Rinjani, Diliya Mariam Ryan Fani Saputra, Sonny Juliyansyah Satrio Adi Warsito Suhardini, Eni Dasuki SULAEMAN, AEP Wahyu Purnama Sari Yuninda Dwi Kartika