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All Journal Diponegoro Law Review
Ro’fah Setyowati
Faculty of Law, Universitas Diponegoro
Law, Crime, Criminology & Criminal Justice

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JUDGES PERSPECTIVE ON THE THIRD TALAK IMPOSED OUTSIDE OF COURT SESSION Nur Rofiq; Ro’fah Setyowati; Meydora Cahya Nugrahenti; Wahyu Prabowo; Ahmad Asroni; Halisma Amili; Taufik Setyaudin; Musthafa Musthafa
Diponegoro Law Review Vol 8, No 1 (2023): Diponegoro Law Review April 2023
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.8.1.2023.76-92

Abstract

The research aims to analyze the views of the Panel of Judges, Mediator Judges, Positive Law in Indonesia and Islamic Law regarding triple talak outside the Religious Court hearings. The research method uses the research Normative Law-Empirical and the nature of this research is descriptive-analytic. The results of this research, namely the views of the Panel of Judges, Mediator Judges and Positive Law in Indonesia state that triple talak handed down outside the courtroom is invalid according to Law No. 7 of 1989 concerning Religious Courts and Compilation of Islamic Law Article 117. Meanwhile, according to Law Islam, there are four opinions, namely; First, the one that punishes three divorces imposed at once is three divorces. Second, the opinion condemns that three divorces at the same time only fall one. Third, a detailed opinion, that is a wife who has not had intercourse and has had intercourse with her husband. Three divorces are pronounced simultaneously against a wife who has not had intercourse, then it is divorced one, while divorces against a wife who has been consummated, then it is divorced three. The fourth opinion condemning three divorces at once is not divorced.
NAVIGATING FATWA-TO-REGULATION TRANSFORMATION IN ISLAMIC FINANCE: CHALLENGES AND INNOVATIONS POST-OMNIBUS LAW 2023 Asrori S. Karni; Ro’fah Setyowati; Nabitatus Sa'adah; Maula Azharil Adzkia
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.157-172

Abstract

The transformation of fatwas into regulations in the financial sector has been widely studied, but there is a lack of analysis on the dynamics following the 2023 Omnibus Law, particularly regarding the implementation of DSN-MUI Fatwa No. 153/2022 on Early Settlement of Murabahah Debt. This study addresses this research gap by employing a normative legal approach, supplemented by empirical observations at two Islamic financing institutions. The findings reveal that, although the fatwa has been disseminated through three annual forums and incorporated into OJK (Financial Services Authority) guidelines, it has yet to attain legal finality as a binding regulation. The first institution continues to follow the earlier fatwa, citing insufficient legal certainty in the new regulation, and maintains a non-discounted early repayment model. In contrast, the second institution, which has long provided early settlement discounts, finds the OJK guideline’s calculation formula commercially inequitable. As a result, they developed an alternative simulation model to remain Sharia-compliant while ensuring business competitiveness. The novelty of this research lies in its exploration of on-the-ground regulatory interactions and its proposal for a legal codification framework based on feedback from industry stakeholders. This study recommends a more flexible and adaptive model for the fatwa-to-regulation transformation, attuned to operational realities. A sustained tripartite dialogue between fatwa authorities, regulators, and industry players is crucial to navigating field complexities and ensuring that regulations uphold Sharia principles while fostering sustainable business practices.
Co-Authors Ahmad Asroni Asrori S. Karni Halisma Amili Maula Azharil Adzkia Meydora Cahya Nugrahenti Nabitatus Sa’adah Nur Rofiq Taufik Setyaudin Wahyu Prabowo