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All Journal Diponegoro Law Review Literatus JEBD Rechtsvinding Tasfiyah : Journal of Islamic Law and Sharia Economics
Mega Dewi Ambarwati
Universitas 17 Agustus 1945 Surabaya
Religion Arts Humanities Economics, Econometrics & Finance Education Engineering Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences Other

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RETRACTED: THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION Mega Dewi Ambarwati; Ghina Azmita Kamila
Diponegoro Law Review Vol 4, No 2 (2019): Diponegoro Law Review October 2019
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (10.88 KB) | DOI: 10.14710/dilrev.4.2.2019.167-180

Abstract

This article has been retracted from the journal Diponegoro Law Review Vol. 4 No. 2, October 2019.Please refer to the article THE EVALUATION OF SURROGACY’S LEGAL SYSTEM IN INDONESIA AS COMPARISON TO INDIA’S LEGISLATION on the following link: https://jurnal.unej.ac.id/index.php/eJLH/article/view/10842
Perlindungan Hak Anak dalam Kemajuan sebuah Bangsa Achmad Zarkasyi Yahya; M Ikhfal Khaqiqi; Mega Dewi Ambarwati
LITERATUS Vol 4 No 2 (2022): Jurnal Ilmiah Internasional Sosial dan Budaya
Publisher : Neolectura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37010/lit.v4i2.875

Abstract

Based on the constitution of the republic of Indonesia in 1945, the rights of the child is protected and followed by local governments that have done and approach to using the friendly city of the child. Indonesia has therefore been taking part in a movement to protect the rights of the child, and is being followed by a community that teaches about child protection.
Urgensi Keberadaan Mujtahid Dalam Sengketa Waris (Perkara Waris Islam Dalam Putusan Nomor 596/PDT.G/2023/PA.SKA) Cecareno Gilbrani Anwar; Mega Dewi Ambarwati
Tasfiyah : Journal of Islamic Law and Sharia Economics Vol 1 No 1 (2025): Dinamika Hukum Keluarga dan Sosial dalam Perspektif Islam dan Negara: Kajian atas
Publisher : Yayasan Penelitian dan Pengabdian Masyarakat Sisi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.69836/tasfiyah.v1i1.322

Abstract

Inheritance disputes in Islamic law often require the role of mujtahids, especially judges, in interpreting and applying legal rules to achieve justice for the parties. The aim of this research is to analyze the role of the mujtahid in an inheritance dispute case involving the status of joint property, inherited assets, and the existence of the heir's debts. Based on Article 35 paragraph (1) of Law Number 1 of 1974 which has been amended by Law Number 16 of 2019, as well as Article 97 of the Compilation of Islamic Law, judges must ensure that the distribution of assets is carried out in accordance with the provisions of Islamic law. In this case, the judge as mujtahid considered that the property in dispute was joint property that had not been divided, so that the testator's widow was entitled to half the share before distributing the inheritance to the other heirs. Apart from that, in determining the existence of the heir's debt, the judge used the evidentiary principle in Article 163 HIR and Article 174 HIR, where the defendant's confession at trial was perfect evidence regarding the acknowledged debt. The research method uses normative legal research with a statutory approach and a case approach. The research results show that the role of the mujtahid in this case is not only limited to applying the law textually, but also considering aspects of substantive justice by referring to legal arguments, trial facts, and the principles of justice in Islam. Thus, the application of ijtihad by the judge in this case ensures that the distribution of inheritance is carried out legally, fairly and in accordance with applicable law. In decision number 596/Pdt.G/2023/PA.SKA in inheritance disputes, the decision is only resolved between the two parties to the dispute, so according to the author there is a need for the presence of a mujtahid in the inheritance dispute to provide clear legal certainty.
Disparity in Religious Court Decisions in Divorce Cases Due to Apostasy: Normative Analysis and Legal Construction Rosyid Arifin; Mega Dewi Ambarwati
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1297

Abstract

This study aims to analyze the disparity of Religious Court decisions in divorce cases caused by apostasy and to formulate an appropriate legal construction for such cases. This research employs normative legal research using statutory, conceptual, and case approaches. The analysis focuses on three Religious Court decisions, namely Decision of the Bandung Religious Court No. 0166/Pdt.G/2017/PA.Bdg, Decision of the Palu Religious Court No. 0249/Pdt.G/2016/PA.Pal, and Decision of the Bandung Religious Court No. 147/Pdt.G/2012/PA.Bdg. Data were collected through document study of primary and secondary legal materials and analyzed qualitatively through inventory, classification, and systematization stages. The findings reveal a disparity in judicial reasoning regarding divorce due to apostasy. Some judges consider apostasy as the primary legal ground for divorce through fasakh, while others base their decisions on continuous disputes and marital disharmony resulting from apostasy. This disparity indicates inconsistency in the application of Article 116 letter (h) of the Compilation of Islamic Law, which requires apostasy to cause marital discord. Therefore, this study recommends a legal construction that recognizes apostasy as an independent ground for divorce without the necessity of linking it to continuous disputes, in order to ensure legal certainty and uniformity of decisions within the Religious Court system.
Pinjaman Online Dan Gaya Hidup Konsumtif Generasi Z Dalam Ekonomi Digital Dewi Ayu Lestari; Mega Dewi Ambarwati
Jurnal Ekonomi dan Bisnis Digital Vol. 3 No. 4 (2026): April - Juni
Publisher : CV. ITTC INDONESIA

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Abstract

The development of financial technology (fintech) in Indonesia has led to the rapid growth of the online lending ecosystem, particularly among Generation Z, who have grown up in the digital era. This article examines the relationship between the ease of access to online loans and the consumer behavior patterns of Generation Z, as well as its impact on individual financial health and national economic stability. Using a descriptive-analytical approach, this study finds that the convenience, speed, and minimal requirements of online lending services have encouraged impulsive spending behavior among young people, particularly for lifestyle-related needs such as fashion, entertainment, and culinary activities. The article also discusses the financial risks associated with online lending and proposes policy recommendations and financial education initiatives as preventive solutions.
Analisis Yuridis Kepailitan Pt Sri Rejeki Isman Tbk (Sritex) dan Implikasinya Terhadap Stabilitas Perekonomian Nasional Indra Manggala Dwi Darmawan; Mega Dewi Ambarwati
Jurnal Ekonomi dan Bisnis Digital Vol. 4 No. 1 (2026): Juli - September
Publisher : CV. ITTC INDONESIA

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Abstract

The bankruptcy ruling against PT Sri Rejeki Isman Tbk (Sritex) by the Commercial Court at the Semarang District Court marked one of the most significant business law cases in the history of Indonesia's textile industry. This study aims to critically analyze the implementation of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (Bankruptcy and PKPU Law) in relation to the annulment of Sritex's composition agreement, as well as to evaluate its legal and macroeconomic implications for Indonesia's national economic stability. Employing a normative juridical research method through statutory, case, and conceptual approaches, this study examines the complex legal relationships among the debtor, creditors, court-appointed receivers (curators), and thousands of affected employees. The findings reveal that the annulment of the composition agreement, resulting from the debtor's failure to fulfill the provisions of the Suspension of Debt Payment Obligations (PKPU) agreement, automatically triggered bankruptcy by operation of law (van rechtswege), pursuant to Article 291 of Law No. 37 of 2004. Nevertheless, the application of this legal provision generated a significant conflict between the principle of legal certainty for creditors (pacta sunt servanda) and the principle of business continuity (going concern). From a macroeconomic perspective, the bankruptcy created systemic risks for Indonesia's textile industry, exacerbated unemployment, increased the likelihood of non-performing loans (NPLs) within the banking sector, and weakened foreign investor confidence. This study concludes that Indonesia's bankruptcy regulatory framework requires reform through the adoption of an economic analysis of law approach that incorporates the protection of employees and the preservation of macroeconomic stability in bankruptcy proceedings involving systemically important enterprises.
Co-Authors Cecareno Gilbrani Anwar Dewi Ayu Lestari Ghina Azmita Kamila Indra Manggala Dwi Darmawan M Ikhfal Khaqiqi Muhammad Ridlo Zarkasyi Rosyid Arifin