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All Journal JURNAL MAGISTER HUKUM UDAYANA Masalah-Masalah Hukum FIAT JUSTISIA: Jurnal Ilmu Hukum Arena Hukum Jurnal Cakrawala Hukum Diponegoro Law Review Pembaharuan Hukum Jurnal Ilmiah Pendidikan Pancasila dan Kewarganegaraan Jurnal Akta INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Jurnal Ilmiah Hukum LEGALITY Jurnal Bina Mulia Hukum DIVERSI : Jurnal Hukum JURNAL HUKUM dan KENOTARIATAN Jurnal Hukum Lex Generalis International Journal of Business, Law, and Education Journal of Law, Society, and Islamic Civilization International Journal of Educational Review, Law And Social Sciences (IJERLAS) IBLAM Law Review Yuridika Perspektif Hukum
Hanif Nur Widhiyanti
Brawijaya University
Religion Arts Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Neuroscience Social Sciences Other

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THE POLEMIC OF REVOKING REQUESTS FOR SUSPENSION OF DEBT PAYMENT OBLIGATIONS IN INDONESIA: PROCEDURAL EVALUATION AND GLOBAL PRACTICE COMPARISON Clarita Stefanie Panjaitan; Hanif Nur Widhiyanti; Zulfahmi
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 4 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i4.3617

Abstract

The Suspension of Debt Payment Obligations as a debt restructuring instrument under Law No. 37/2004 on Bankruptcy and Suspension of Debt Payment Obligations faces procedural challenges in petition revocation practices, potentially disrupting the balance of rights between Debtors and Creditors. This study analyzes inconsistencies in the application of Article 259 of the Bankruptcy Law in revocation cases, particularly concerning creditor participation mechanisms and adherence to due process principles. An examination of Indonesian case law reveals judicial tendencies to disregard collective creditor notification and hearing requirements, alongside truncated debt verification processes prior to revocation. Key findings demonstrate that the absence of objective revocation criteria in the Bankruptcy Law contributes to judicial decision disparities. The study concludes with three systemic reform recommendations: (1) integration of measurable legal parameters for Suspension of Debt Payment Obligations revocation, (2) enhanced judicial oversight in verifying economic impacts on creditors, and (3) temporal restrictions on revocation proceedings. These findings underscore the urgent need to align the Bankruptcy Law with global best practices in debtor rehabilitation and creditor protection through independent oversight mechanisms and audited financial evidence standards.
EX OFFICIO JUDGE'S AUTHORITY TOWARDS FULFILLMENT OF WOMEN'S AND CHILDREN'S RIGHTS AFTER DIVORCE AS REVIEWED FROM THE PRINCIPLE OF ULTRA PETITA Helpan Setiabudi; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3864

Abstract

This study aims to analyze the ex officio authority of judges and the ultra petita principle in divorce cases in Religious Courts, as well as their implications for the protection of women's and children's rights. The background of this study is based on the fact that divorce cases in Indonesia continue to increase annually, but only a small proportion of decisions contain the determination of women's and children's rights after divorce without a request from the litigants. This study uses a normative legal research method with a statutory, case, and conceptual approach. Data sources consist of primary, secondary, and tertiary legal materials, analyzed using description, interpretation, evaluation, and systematization techniques. The results show that ex officio authority is an important instrument held by judges to protect the rights of vulnerable parties in divorce cases, such as determining iddah (waiting period), mut'ah (waiting for temporary dowry), child custody, and child living expenses. However, its application often clashes with the ultra petita principle, which limits judges from deciding cases beyond what the parties request. The tension between these two principles leads to inconsistent decisions, which impacts on the suboptimal protection of women's and children's rights. This study concludes that there is a need to harmonize ex officio authority and the ultra petita principle through clear technical guidelines and training for judges, so that substantive justice and legal certainty can be achieved in a balanced manner. Recommendations include strengthening judges' understanding of the protection of vulnerable groups, utilizing socio-economic data in decisions, and consistent application of ex officio authority across all Religious Courts.
LEGISLATIVE RATIO OF SEMA NUMBER 3 OF 2023 IN GUARANTEEING SUBSTANTIVE JUSTICE IN DIVORCE CASES Nadia Romadhon; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.3949

Abstract

The high divorce rate in Indonesia, particularly within the religious courts, has drawn serious scrutiny in the practice of family law enforcement. The most dominant grounds for divorce, namely persistent disputes and arguments, are often presented with weak and subjective evidence, potentially creating legal uncertainty and injustice for certain parties, particularly women. To address this issue, the Supreme Court issued Supreme Court Circular Letter (SEMA) Number 3 of 2023, which tightens the requirements for granting a divorce petition on the grounds of persistent disputes, through a new formulation requiring two cumulative elements: first, proven inability to live in harmony between husband and wife, and second, a minimum of six months of separation of residence, unless domestic violence (DV) is proven. This study aims to examine the Ratio legis of the issuance of SEMA 3 of 2023 and its implications for the fulfillment of substantive justice in divorce cases in the Religious Courts. Using a normative juridical approach with qualitative analysis methods, this study examines related laws and regulations, legal literature, and theories of justice and legal certainty. The research findings indicate that SEMA 3 of 2023 plays a significant role in normatively unifying evidentiary standards and emphasizing judges' prudence in deciding divorce cases. However, in practice, these provisions can also create barriers to access to justice for economically, socially, and psychologically vulnerable parties, particularly in proving separation and domestic violence. Therefore, the fulfillment of substantive justice through the implementation of SEMA is highly dependent on judges' sensitivity in understanding the factual realities of households and their ability to interpret norms progressively, flexibly, and contextually.
CONTINUOUS DISPUTES AND FIGHTS ARE THE MOST POPULAR REASONS FOR DIVORCE Nadia Romadhon; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 5 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i5.3950

Abstract

Marriage is a spiritual and physical bond between a man and a woman to form a family that is peaceful, loving, and merciful. However, not all marriages are harmonious and lasting. Data from the Religious Courts shows that the most common reason for divorce in Indonesia is persistent disputes and quarrels. This study aims to analyze the legal provisions related to these reasons, as stipulated in Article 116 letter (f) of the Compilation of Islamic Law and Article 19 letter (f) of Government Regulation No. 9 of 1975, as well as the implementation and development of their formulation through SEMA Number 3 of 2023. In practice, judges have the freedom to assess whether a household conflict has met the requirements of "continuous" and "no hope of reconciliation" to be the basis for a divorce decision. This study shows that economic factors, poor communication, and the presence of a third party contribute to these dominant reasons for divorce. Therefore, strengthening regulations and understanding judges is important to maintain a sense of justice for the parties.
THE POSITION OF AN APOSTASY WIFE AS A CAUSE FOR THE DISSOLUTION OF A MARRIAGE IN THE COMPILATION OF ISLAMIC LAW AND ITS IMPLICATIONS FOR POST-DIVORCE RIGHTS Alhadi Saputra; Hanif Nur Widhiyanti; Nur Chanifah
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4448

Abstract

Conversion to religion (apostasy) in Islamic marriage is a complex phenomenon that gives rise to debate between legal norms and social reality. In the context of Indonesian national law, apostasy has not been explicitly regulated in Law Number 1 of 1974 concerning Marriage. This legal gap is filled by the Compilation of Islamic Law (KHI), which, in Article 116 letter (h), stipulates that conversion to religion or apostasy can be grounds for divorce. However, in religious court practice, there is a disparity in decisions between courts that interpret apostasy as grounds for fasakh (annulment) and those that interpret it as grounds for divorce (talaq). This disparity has legal implications for women's rights after divorce, particularly regarding the right to maintenance during the iddah period, mut'ah, maskan, and kiswah. This study aims to explain the position of a wife who apostatizes as a cause of marital dissolution from the perspective of the Compilation of Islamic Law (KHI) and analyze its legal consequences for post-divorce rights. The method used is normative legal research with a statutory, conceptual, and analytical approach. The results of the study indicate that a wife who apostatizes causes the marriage contract to be annulled (fasakh), but in practice, religious courts often still process it through the divorce mechanism (divorce talak) to ensure orderly legal administration. This disparity impacts the different treatment of the rights of apostate wives. From the perspective of legal utility, judges should consider the value of substantive justice and protection for women, even if the woman concerned has left Islam.
JUSTICE OR EQUALITY? EXAMINING ARTICLE 97 OF THE KHI IN THE CONTEXT OF POST-DIVORCE PROPERTY DIVISION Maya Anggraeni Rahmah Permana; Abdul Rachmad Budiono; Hanif Nur Widhiyanti
International Journal of Educational Review, Law And Social Sciences (IJERLAS) Vol. 5 No. 6 (2025)
Publisher : CV. RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijerlas.v5i6.4564

Abstract

This study aims to critically analyze the provisions of Article 97 of the Compilation of Islamic Law (KHI) in the context of the division of joint assets after divorce, emphasizing the need for legal reform that prioritizes the principle of substantive justice. The main issues examined include the extent to which these provisions reflect the principle of substantive justice and how Article 97 of the KHI is implemented in religious court practice. The research method used is normative juridical with a statutory, conceptual, and case-based approach. The results show that Article 97 of the KHI is still oriented towards rigid arithmetic equality and does not consider the actual contributions, both material and immaterial, of each party. In judicial practice, a number of judges have implemented progressive interpretations of this norm, which opens up space for the reformulation of Islamic family law in Indonesia. Therefore, this study recommends normative reform of Article 97 of the KHI to include provisions that explicitly accommodate proportional division of assets, as well as implementing steps in the form of training on a substantive justice perspective for judges.
Consumer Protection Analysis of the Use of Underhand PPJB in Pre Project Selling of Apartments Dini Sasmitaningrum; Hanif Nur Widhiyanti; Erna Anggraini
INTERNATIONAL JOURNAL ON LANGUAGE, RESEARCH AND EDUCATION STUDIES Vol 9, No 2 (2025): International Journal on Language, Research (Law) Education Studies
Publisher : State Islamic University of North Sumatra Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47006/ijlres.v9i2.26234

Abstract

This study examines the form of legal protection for apartment buyers through the pre-project selling (PPS) system that uses an underhand sale and purchase agreement (PPJB), a practice that is commonly carried out before the administrative and technical requirements as stipulated in the Apartment Law are fulfilled. The objectives of this study are to analyze the position and evidentiary strength of private PPJBs, the scope of developer liability in the event of default, and to assess whether the waarmerking mechanism is capable of providing adequate protection for consumers. Using a normative juridical research method through a legislative and analytical approach, this study assesses the gap between normative provisions and PPS practices in the field. The results of the study show that private PPJBs, although valid according to Article 1320 of the Civil Code, do not provide legal certainty because they are not verified by a notary and are often used before the fulfillment of permits and construction guarantees, thereby weakening the bargaining position of consumers in the event of project stalling or delays. This study concludes that the normative vacuum in Article 43 of the Apartment Law and the absence of sanctions against non-notarial PPJB create structural vulnerabilities, thus requiring regulatory strengthening, notarial PPJB obligations, and more effective preventive protection mechanisms.
Legal Regulation of Producer Responsbility in Waste Management: An Extended Producer Responbility (EPR) Perspective in Indonesia Farah Adriani; Imam Koeswahyono; Hanif Nur Widhiyanti
IBLAM LAW REVIEW Vol. 6 No. 2 (2026): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v6i2.681

Abstract

Environmental issues, particularly waste management, have become increasingly complex in Indonesia due to rapid industrial development and the rising volume of waste, especially packaging waste. This condition highlights the need to strengthen legal regulation on producer responsibility in waste management. This study analyzes producer responsibility from the perspective of Extended Producer Responsibility (EPR) within the framework of a circular economy. The research uses a normative juridical method with statutory and conceptual approaches, focusing on legal instruments governing waste management in Indonesia. The findings show that EPR principles have been incorporated into several regulations, including Law Number 18 of 2008 on Waste Management, Government Regulation Number 81 of 2012, and Minister of Environment and Forestry Regulation Number 75 of 2019. However, EPR implementation remains limited due to regulatory weaknesses, such as the broad definition of producers, the absence of a clearly established Producer Responsibility Organization (PRO), and the lack of comprehensive economic instruments. Compared to international practices, particularly in the European Union and OECD, Indonesia’s EPR framework remains less developed. Therefore, clearer definitions, stronger institutional mechanisms, and operational frameworks are needed to ensure effective EPR implementation.
Notarial Liability in Apartment Pre-Sale and Purchase Agreements: Consumer Protection and Legal Certainty Desyanti Desyanti; Hanif Nur Widhiyanti; Amelia Sri Kusuma Dewi
JURNAL AKTA Vol 13, No 2 (2026): June 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i2.51798

Abstract

Apartment Sale and Purchase Binding Agreements (PPJB) drafted by notaries are frequently executed without satisfying the prerequisites stipulated under Article 43 of Law No. 20 of 2011 on Flats (Apartment Law), which requires certainty of land status, Building Construction Permit (IMB), infrastructure availability, and a minimum construction completion of 20% prior to marketing. This normative juridical research analyses legal certainty and consumer protection in the execution of apartment PPJBs drafted by notaries, employing statutory, conceptual, and case approaches. The study finds that notaries bear an implicit obligation to verify the fulfilment of legal prerequisites as a consequence of the due diligence principle enshrined in Article 16 paragraph (1) letter (a) of the Notary Profession Law (UUJN). Notarial negligence gives rise to civil, administrative, criminal, and moral-ethical liability. Furthermore, the existing consumer protection legal framework does not provide adequate substantive protection owing to weak supervision, deficient sanction enforcement, and inadequate recovery mechanisms. The study recommends a comprehensive legal reconstruction encompassing: the establishment of a marketability certification system, explicit affirmation of notarial verification obligations within the UUJN, strengthened sanctions for developers, the creation of a consumer protection guarantee fund for the property sector, and enhanced institutional capacity of the Consumer Dispute Settlement Agency (BPSK) and courts in handling property consumer disputes.
Legal Protection of Traditional Medicines Against Biopiracy and Misappropriation: Ensuring Fair Benefit Sharing for Local Communities Yuliati Yuliati; Hanif Nur Widhiyanti; Ayu Mustika Pamungkas
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.104832

Abstract

Indonesia possesses rich traditional medicinal knowledge that has been transmitted across generations and constitutes an essential part of local communities’ cultural heritage. However, the modern commercial use of traditional medicines often occurs without fair benefit-sharing, leading to practices such as biopiracy and misappropriation. This research examines the adequacy of Indonesia’s legal framework in protecting traditional medicines against such exploitative practices. The findings demonstrate that despite Indonesia’s ratification of various international instruments—including the Convention on Biological Diversity, the TRIPs Agreement, and the Nagoya Protocol—legal protection for traditional medicinal knowledge remains fragmented and insufficient. Existing national regulations, particularly Law Number 36 of 2009 on Health and the Patent Law, provide only limited and indirect protection. Patent-based protection is difficult to apply due to the requirements of novelty and inventive steps, which are incompatible with the communal and hereditary nature of traditional knowledge. Although Article 26 of the Patent Law acknowledges traditional knowledge, it fails to offer comprehensive protection or ensure equitable benefit-sharing for local communities. This study concludes that Indonesia urgently requires a specific sui generis or umbrella legal framework to protect traditional medicines against biopiracy and misappropriation while ensuring justice, legal certainty, and fair distribution of benefits.
Co-Authors Abdul Rachmad Budiono Abdul Rahcmad Budiono Adheria Juniresta Alhadi Saputra Amelia Sri Kusuma Dewi Amelia Sri Kusuma Dewi, Amelia Anak Agung Ayu Nanda Saraswati Arifuddin Arifuddin Ayu Mustika Pamungkas Clarita Stefanie Panjaitan David Al Fath Yustino Desyanti Desyanti Dini Sasmitaningrum Erna Anggraini Erna Anggraini Erna Anggraini Eudea Adeli Arsy Farah Adriani Hariyanto Susilo Helpan Setiabudi Imam Koeswahyono Isnaini Imroatus Solichah Maya Anggraeni Rahmah Permana Maya Sari Maya Sari Mukhamad Khabib Risvian Mukhlisa Ilman Nafiah Medianto Musyarrofa Rahmawati Nadia Romadhon Nur Chanifah Panca Basuki Rahmat Panca Basuki Rahmat Patricia Audrey Ruslijanto Rachmadani Eka Husnul Khotimah Rachmi Sulistyarini Reka Dewantara Rocky Marciano Ambar Rocky Marciano Ambar Santoso, Budi Sinar Tamba Tua Pandiangan Siska Ambarwati Sofwan Rizko Ramadoni Sukarmi, Sukarmi Sylvia Mufarrochah Thohir Luth Warkum Sumitro Yuliati Yuliati Zulfahmi