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All Journal STUDIA ISLAMIKA LEGITIMASI: Jurnal Hukum Pidana dan Politik Hukum Dusturiah : Jurnal Hukum Islam, Perundang-undangan dan Pranata Sosial JICSA Gender Equality: Internasional Journal of Child and Gender Studies Jurnal Ilmiah Peuradeun Al-Mashlahah: Jurnal Hukum Islam dan Pranata Sosial Jurnal Justisia : Jurnal Ilmu Hukum, Perundang-undangan dan Pranata Sosial Media Syari'ah: Wahana Kajian Hukum Islam dan Pranata Sosial POLITICA: Jurnal Hukum Tata Negara dan Politik Islam CENDEKIA : Jurnal Ilmu Pengetahuan Iqtishaduna : Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syariah MAQASIDI Jurnal Hukum dan Peradilan AHKAM : Jurnal Hukum Islam dan Humaniora As-Siyadah: Jurnal Politik dan Hukum Tata Negara JURISTA : Jurnal Hukum dan Keadilan Al-Mudharabah An-nisa: Journal of Islamic Family Law Studia Islamika
Hasnul Arifin Melayu
Universitas Islam Negeri Ar-Raniry Banda Aceh
Religion Humanities Civil Engineering, Building, Construction & Architecture Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Pemahaman Masyarakat Gampong Cot Trieng terhadap Taklik Talak Pasca Akad Nikah dalam Perspektif KHI Ridhayani Ridhayani; Hasnul Arifin Melayu; Muhammad Husnul
AHKAM Vol 5 No 2 (2026): JUNI
Publisher : Lembaga Yasin AlSys

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58578/ahkam.v5i2.9713

Abstract

Although taklik talak has been normatively regulated in the Kompilasi Hukum Islam as an instrument for protecting wives’ rights in marriage, community practice and understanding of its implementation still show various problems. Studies that specifically discuss community understanding of taklik talak after the marriage contract, particularly in the practice where the sighat taklik talak is not recited but signing in the marriage book is still carried out, remain limited, especially in the Aceh region. This study aims to analyze the understanding of the people of Gampong Cot Trieng regarding taklik talak after the marriage contract from the perspective of the Kompilasi Hukum Islam and to identify the factors affecting this low level of understanding. This study employed a qualitative approach with a descriptive-analytical empirical juridical method. Data were collected through interviews, observation, and documentation involving 15 participants consisting of gampong officials and married couples with marriage durations of 5, 10, and 20 years, who were selected using a purposive sampling technique. The data were analyzed by relating the empirical findings to legal awareness theory. The findings showed that the practice of taklik talak in Gampong Cot Trieng was generally carried out only through signing without recitation of the sighat taklik talak, so that taklik talak was understood merely as an administrative formality rather than as a binding legal agreement. The level of public legal awareness remained at a minimal knowledge stage and had not reached substantive understanding, which was influenced by the lack of institutional socialization and the dominance of ritual social practices. These findings emphasize the importance of a sociological approach in assessing the effectiveness of Islamic family law norms and provide practical implications for strengthening the role of the Office of Religious Affairs and gampong officials in improving public understanding of the substance of taklik talak.
Legal Certainty of Interfaith Marriage After SEMA No. 02 of 2023 Maqasid Sharia Perspective Shabrina Rusliansyah; Hasnul Arifin Melayu; Aulil Amri; Claire Lajaunie; Fatima Zohra Benali
An-Nisa: Journal of Islamic Family Law Vol. 2 No. 4 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v2i4.303

Abstract

Interfaith marriage in Indonesia has long been a controversial legal issue, particularly following the issuance of Supreme Court Circular Letter (SEMA) No. 02 of 2023, which explicitly prohibits the registration of marriages between individuals of different religions. This policy has raised significant concerns regarding legal certainty and its alignment with substantive justice, especially when examined through the lens of Maqasid al-Sharia. This study aims to analyze the extent of legal certainty governing interfaith marriage under Indonesia’s positive law framework and to assess its conformity with the objectives of Islamic law. Employing a normative juridical method, this research utilizes statutory, conceptual, and doctrinal approaches, drawing upon legislation, Islamic legal doctrines, and relevant academic literature. The findings reveal that, under positive law, interfaith marriage lacks formal legal validity as it contravenes Article 2 paragraph (1) of Law No. 1 of 1974 on Marriage, a position further reinforced by SEMA No. 02 of 2023 as a binding judicial guideline. From the perspective of Maqasid al-Sharia, the prohibition is consistent with the protection of the five essential objectives of Islamic law (al-daruriyyat al-khams), particularly the preservation of religion (hifz al-din) and lineage (hifz al-nasl). Nevertheless, this study also identifies inconsistencies in the implementation of SEMA No. 02 of 2023 at the practical level, which may undermine legal certainty and result in unequal legal treatment. Therefore, this research recommends the strengthening of legal harmonization through clearer statutory regulation, enhanced inter-institutional coordination, and improved guidance for law enforcement and civil registration authorities to ensure consistent application in accordance with the principles of legal certainty, justice, and social welfare.
Analysis Of Labor Rights After The Job Creation Law In Perspective Of Human Rights Christina NM Tobing; Sryani Br. Ginting; Hasnul Arifin Melayu
Jurnal Hukum dan Peradilan Vol 12 No 1 (2023)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.12.1.2023.97-128

Abstract

The Job Creation Law has caused controversy from various circles of society, both in terms of the procedure for its formation and the contents, especially the labor cluster. Many materials in the Job Creation Law reduce workers’ rights by creating a flexible working relationship. The relationship is more in favor of the interests of employers, thus raising the issue of legalizing modern slavery, which is contrary to human rights. This study analyzes changes in workers’ rights, especially regarding wages, specific worktime agreements, outsourcing, and severance pay from a human rights perspective. This research was normative legal research, namely on the substance of workers’ rights after the Job Creation Law from a human rights perspective, with a statutory approach and a conceptual approach. The analysis revealed that the job creation law policy is an effort to create the broadest possible employment opportunities and attract greater investment to Indonesia. In addition, it is to realize the human rights of workers who have not worked. The changes in the Job Creation Law and its implementing regulations that abolish and reduce workers’ rights and make work relations more flexible can violate workers’ human rights. On the other hand, the Government is trying to strike a balance by creating new and fair workers’ rights.
Co-Authors Abdul Jalil Salam Ahmad, Shukri Akbar, Faiz Amali Ananda, Fadhillah Aulil Amri Azka Amalia Jihad Azmil Umur, Azmil Christina NM Tobing Claire Lajaunie Darlian, Cut Intan Regina Eriyanti , Nahara Faiqah, Razita Faiz Amali Akbar Fatima Zohra Benali Fithria, Nurul Fitri, Sulis Mai Hisan, Khairatun Husni A. Jalil Husnul, Muhammad Ihdi Karim Makinara Indah Permata Sari Jasafat Lubis, Gusni Mahmuddin Mahmuddin Mahmuddin Mahmuddin Mansari, Mansari MD Zawawi Abu Bakar Md. Zawawi bin Abu Bakar Mohammad Zawawi Abubakar Munawarah, Rizka Munawiah Abdullah Muslim Zainuddin Muzakkir, Fourzan Fajar ningsih, Firda Norruzeyati binti Che Mohd Nasir Norruzeyati Che MohammadNasir Nurul Fitria Nurul Husna Ridhayani Ridhayani Riza Afrian Mustaqim Rusjdi Ali Muhammad Salman Abdul Muthalib Saranur Nabila Shabarullah Shabrina Rusliansyah Siregar, Rahmat Efendy Al-Amin Sryani Br. Ginting Sultan Farizi Lidyan Teuku Zulfikar Usman, Bustamam