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Legal Considerations of Marriage Dispensation Cases For Couples That Lead to Divorce Zaidah, Yusna; Husna, Hatimul; Mubarak, Ahmad
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 2 (2025): Special Issue: International Conference on: "Inclusive Legal Futures: Islamic P
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i2.17824

Dispensation of marriage by the court is an attempt to assess the suitability and readiness of couples who are not old enough to marry. However, it turns out that the couple who married under dispensation of marriage later divorced in the same court. This phenomenon shows that there are substantive problems in judicial practice that are interesting to research with the aim of examining the legal facts / reasons for determining marriage dispensation which then divorced in the same court. By using a normative legal method with a case approach, which is based on an analysis of a copy of the marriage dispensation determination and the Religious Court's divorce decision against the same couple as the primary legal material. The results showed that there were similarities in the legal considerations put forward by judges in several marriage dispensation decisions, which indicated the use of a pattern of case handling that tended to be uniform without considering the specific conditions of each case revealed in the posit. This led to a mismatch between the legal considerations and the concrete reality of the litigants. This finding shows the inconsistency and shallowness of juridical considerations, especially in determining the existence of very urgent reasons as the basis for the feasibility of granting marriage dispensation, which had an impact on the unsettled household of the young couple and led to the filing of a case that ended with the issuance of a divorce verdict. In fact, judges should be selective, based on benefit in assessing the reasons for filing a marriage dispensation application because this assessment is the last resort to maintain the continuity of the household, so that it does not lead to divorce.

Keabsahan Perjanjian Jual Beli yang Tanda Tangan Salah Satu Pihak Berubah dalam Perspektif Hukum Perdata Mubarak, Ahmad
Journal of Contemporary Law Studies Vol. 2 No. 4 (2025): Agustus
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i4.4012

Land holds a crucial dual role: it serves as a social asset that binds community unity and a capital asset fundamental to the economy, trade, and speculation. Human need for land is often met through sale and purchase, where physical and ownership rights are transferred from seller to buyer, accompanied by an agreed payment. However, disputes can arise, as seen in cases of underhand land sales where the seller's signature is contested after phased payments have been made, with the seller subsequently denying the transaction and claiming the signature on the agreement isn't theirsIn this writing, the author uses a normative research type, by examining legal library materials or secondary data by inventorying and analyzing laws and regulations that regulate changes in signatures that are not recognized in the sale and purchase agreement and identifying the problem. According to the findings of this research: Firstly, concerning a signature alteration not recognised by one of the parties in a sale and purchase agreement, this compromises the due diligence in its application. Consequently, the sale and purchase agreement may be annulled as it contravenes the subjective conditions for validity, as stipulated in Article 1320 of the Civil Code. Secondly, the legal recourse available to the aggrieved party is outlined in Article 1877 of the Civil Code. This involves submitting the disputed signature to the court for verification by a judge. Alternatively, such verification can also be pursued through non-litigious channels, specifically by comparing the signature against various other documents.

The Authority Of Notaries In Making Prenuptial Agreement Deeds: A Study Of The Dimensions Of Professional Ethics Mubarak, Ahmad
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 9 No. 3 (2025)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v9i3.18069

A prenuptial agreement is an important legal instrument to protect property rights in marriage, the making of which requires an authentic deed by a Notary. This authority is regulated in UUJN and Marriage Law, and requires compliance with professional ethics. This study aims to examine the authority of Notary and the application of professional ethics in the making of the deed. Using normative legal research methods, this study highlights the role of Notary as not only a deed maker, but also a guardian of the principles of justice, free will and impartiality. It is found that the practice in the field often faces ethical challenges such as inequality of bargaining position and potential conflict of interest. Therefore, ethical capacity building, strict due diligence, and strong professional supervision are needed to maintain the legal and moral legitimacy of deeds.

Analysis of cryptocurrency as collateral from the perspective of Indonesian positive law and Islamic law: A comparison Jaya, Jamie Armadi; Parapat, Henry Anderson; Mubarak, Ahmad; Arbas, Etra
Priviet Social Sciences Journal Vol. 5 No. 12 (2025): December 2025
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v5i12.940

Current technology has significantly impacted several sectors, including the financial sector. Cryptocurrency is one of the financial technology phenomena currently being widely discussed. Cryptocurrency is a digital currency that holds value and can become a promising asset for its holders. This study focuses on cryptocurrency as collateral from Indonesian and Islamic legal perspectives. This research method emphasizes a rules-based approach, namely, through laws and other legal sources. The findings indicate that Indonesian legal support for cryptocurrency as collateral is valid because it is a movable asset. However, from an Islamic legal perspective, collateral is known as al-Rahn. The use of cryptocurrency as an object in an al-rahn contract is considered invalid. This is because, from an Islamic perspective, cryptocurrency does not fulfill Shariah principles. This asset contains elements of gharar (uncertainty), dharar (potential harm), and maysir or qimar (elements of speculation or gambling), so it is considered unfit to be used as goods (sil'ah) in transactions that comply with sharia.

The legal convergence of prenuptial agreements: An analysis of the marriage law, Islamic law compilation, and constitutional jurisprudence Mubarak, Ahmad; Listiana, Novy; Azkia, Nurul; Abduh, Muhamad Rahmani; Ashidiqi, Iqnaul Umam
Priviet Social Sciences Journal Vol. 6 No. 1 (2026): January 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i1.928

A prenuptial agreement is an important instrument in marriage law that regulates agreements between prospective spouses to arrange their rights, obligations, and property prior to marriage. The study of prenuptial agreements is particularly urgent in the modern context, where social and economic dynamics continue to evolve and influence family life. This study aims to examine, from a legal perspective, how prenuptial agreements are regulated in Indonesian civil law, their implementation in society, and their legal implications for the division of property and safeguarding each party's rights following marriage. The research method used is a normative method, using the analysis of legal documents and related literature, as well as case studies to demonstrate how prenuptial agreements are used in practice. The study’s results found that prenuptial agreements possess enforceable legal authority as long as they meet the requirements of a valid agreement according to the Civil Code and applicable laws and regulations, including the Marriage Law. These agreements serve to avoid property disputes at the end of a marriage through divorce or death. However, it is of paramount importance that legal convergence regarding prenuptial agreements is achieved. Similarly, the role of the notary as an authorized official is crucial in providing optimal legal protection. The legal implications of prenuptial agreements are vital for ensuring legal certainty for couples, particularly concerning the division of joint property, which can be adjusted to the parties' wishes in accordance with the initial agreement

Existence of Criminal Law Mechanisms in Environmental Law Mubarak, Ahmad; Ifrani, Ifrani; Erliyani, Rahmida; Mispansyah, Mispansyah
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.131

Environmental damage in Indonesia is increasingly concerning, largely due to an anthropocentric view leading to the limitless exploitation of nature. Corporate environmental crimes often violate regulations, causing detrimental impacts on society and ecology. Despite an increase in companies engaging in pollution and environmental destruction, law enforcement against these corporations has not been optimal. Therefore, environmental impact control is crucial to minimize pollution risks. Law Number 32 of 2009 concerning Environmental Protection and Management serves as an important legal basis in Indonesia. This study employs a normative legal research method to address the urgency of criminal law instruments in environmental protection. Criminal sanctions are considered urgent and effective in tackling environmental problems as they serve as a law enforcement tool and provide a deterrent effect. The application of environmental criminal law is based on the principles of legality, sustainable development, prevention, and restraint, aiming to educate the public and prevent irresponsible behavior towards the environment.

Legal Implications of Children Resulting from Free Sex "One Night Stand" in Indonesian Legal System Nazmi, Nahdia; Mubarak, Ahmad; Amalia, Laila; Amali, Najla; Maulidhiya, Nazwatika
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.28

The phenomenon of sexual relations without a marriage bond (one night stand) is increasing in urban communities, especially among teenagers and young adults, and has the potential to give birth to children out of wedlock who face legal problems related to the recognition of nasab, civil rights, and administrative status. This study aims to analyze the construction of legal protection for children born from these relationships in the Indonesian legal system. The method used is normative juridical research with a legislative and conceptual approach through literature studies. Legal sources analyzed include provisions in the Marriage Law, population administration law, criminal law, and important jurisprudence such as the Constitutional Court Decision No. 46/PUU-VIII/2010 which expands the civil relationship of children out of wedlock with their biological father based on scientific evidence and other valid evidence. The results of the study show that normatively the state has provided legal protection instruments for children out of wedlock, both through the recognition of civil relations and the guarantee of population administration rights. However, implementation in the field still faces obstacles in the form of social stigma, regulatory disharmony, as well as obstacles to proof and administrative procedures that are not fully child-friendly. It is concluded that legal protection of children born from non-marital relationships has undergone progressive development, but has not been optimal in practice. Therefore, this study recommends harmonizing regulations across sectors, simplifying administrative procedures for child recognition, and strengthening a non-discriminatory approach based on children's rights in law enforcement policies and practices.

Existence of Criminal Law Mechanisms in Environmental Law Mubarak, Ahmad; Ifrani, Ifrani; Erliyani, Rahmida; Mispansyah, Mispansyah
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.131

Environmental damage in Indonesia is increasingly concerning, largely due to an anthropocentric view leading to the limitless exploitation of nature. Corporate environmental crimes often violate regulations, causing detrimental impacts on society and ecology. Despite an increase in companies engaging in pollution and environmental destruction, law enforcement against these corporations has not been optimal. Therefore, environmental impact control is crucial to minimize pollution risks. Law Number 32 of 2009 concerning Environmental Protection and Management serves as an important legal basis in Indonesia. This study employs a normative legal research method to address the urgency of criminal law instruments in environmental protection. Criminal sanctions are considered urgent and effective in tackling environmental problems as they serve as a law enforcement tool and provide a deterrent effect. The application of environmental criminal law is based on the principles of legality, sustainable development, prevention, and restraint, aiming to educate the public and prevent irresponsible behavior towards the environment.

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