Dodik Setiawan Nur Heriyanto
Fakultas Hukum Universitas Islam Indonesia

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A Prophetic Law Approach to Reconciling Indonesia’s Uneasy Relationship with Cross-border Surrogacy Heriyanto, Dodik Setiawan Nur; Ulvi Gasimzadeh
Prophetic Law Review Vol. 6 No. 1 June 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss1.art1

Abstract

The modernization of reproductive technology has made things easier for couples who are not yet blessed with children. Currently, the practice of surrogacy has been successful in providing children through surrogate mothers. Abroad, this practice can cross national borders, where the surrogate mother can come from a different nationality than the child's prospective parents. This practice is done to get good genes or offspring according to their hopes, especially if the couple rents a womb from a European or East Asian race. Two legal issues are studied in this research, namely those related to the legal status of the practice of surrogacy, which is cross-border according to private international law and Prophetic Law. Apart from that, this research also examines the urgency of regulating the practice of surrogacy in Indonesian law. This research, using a normative legal research methodology, concludes that even though the practice of surrogacy is considered legal based on private international law, from an Islamic Law perspective, this practice is strictly prohibited (Haram) because it obscures the child's lineage status. The law in Indonesia really needs to regulate the legal vacuum related to the surrogate mother practice both domestically and across national borders to ensure legal certainty.
Mengukur Nafas Panjang Perdamaian: Analisis Normatif MoU Helsinki dalam Menjamin Hak Asasi dan Rekonsiliasi di Aceh Prayogo, Andri Rafi; Heriyanto, Dodik Setiawan Nur
Lex Renaissance Vol 10 No 1: JUNI 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JLR.vol10.iss1.art5

Abstract

This research investigates two questions: (i) how far the MoU and its implementing legislation have remedied pre-existing human-rights violations arising from the internal armed conflict; and (ii) whether the present institutional framework fulfils the MoU’s promise of sustainable post-conflict justice. Anchored in a normative juridical methodology, the study deploys statute and conceptual approaches to examine primary legal sources—inter alia the 1945 Constitution, Law No. 11/2006 on Aceh Governance, Law No. 26/2000 on Human Rights Courts—and authoritative jurisprudence, scholarly commentary and human-rights reports. Findings indicate that the MoU was pivotal in terminating hostilities, demobilising combatants and recognising Aceh’s special autonomy; however, it falls short of constituting a comprehensive justice mechanism. Persistent obstacles include the absence of a Human Rights Court seated in Banda Aceh, the circumscribed mandate and chronic under-funding of the Aceh Truth and Reconciliation Commission, low prosecution rates for grave abuses such as enforced disappearances, inadequate reparations for victims and uneven reintegration support for ex-combatants, women and child survivors. Consequently, the Aceh transitional-justice architecture remains fragmented, reactive and overly dependent on Jakarta’s political will. The article contends that realising the MoU’s transformative potential requires harmonising national legislation with international human-rights standards, building local institutional capacity and embedding victim-centred restorative programmes within Aceh’s broader development agenda. Strengthening these normative and institutional pillars is essential to truly convert the MoU from a mere cessation-of-violence agreement into a durable framework for restorative justice and reconciliation.
The Importance of Non-Conviction Based (NCB) Regulations For Asset Confiscation in Illegal Investment Ramli, Asmarani; Heriyanto, Dodik Setiawan Nur; Tamas, Fezer; Latifiani, Dian
Journal of Law and Legal Reform Vol. 5 No. 1 (2024): Contemporary Global Issues on Law Reform, Legal Certainty, and Justice
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i1.2089

Abstract

The purpose of this research is to find out the importance of Non-Conviction Based (NCB) asset confiscation management in illegal investment cases in Indonesia. NCB is a method of confiscating assets that allows the state to confiscation assets without a court order on past criminal convictions. This article argues that controlling the NCB is important to ensure the effectiveness of asset recovery in illegal investment cases and to prevent law enforcement officials from abusing their powers. This research uses a qualitative approach and examines relevant laws and regulations, court decisions and academic writings along with a brief description of the situation in the European Union. The findings in this study indicate that the existing laws and regulations in Indonesia for implementing NCB are inadequate. Hence, asset expropriation in illegal investment cases cannot be carried out without a court order on past criminal decisions. This study recommends making a law on asset confiscation for illegal investment cases that can provide clear criteria and procedures in civil procedural law for the use of the NCB mechanism similar to those exist in a number of EU Member States.