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All Journal Al-Mustashfa MAHKAMAH: Jurnal Kajian Hukum Islam IJOIS: Indonesian Journal of Islamic Studies Jurnal Riset Ilmiah Rechtsvinding Adagium: Jurnal Ilmiah Hukum Edulaw : Journal of Islamic Law and Yurisprudance Fast in Social Sciences Jurnal Pengabdian Kepada Masyarakat Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum Al-Mustashfa: Jurnal Penelitian Hukum Ekonomi Syariah PEPAKEM: Jurnal Hukum Tata Negara dan Politik Islam
Sahrul Hanafi
Universitas Pamulang
Religion Arts Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Engineering Environmental Science Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Nursing Public Health Social Sciences Other

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Journal : rechtsvinding

 1 
Islamic Family Law and International Inheritance: An Analysis of Mixed Marriages from the Perspective of International Civil Law Sahrul Hanafi; Nurman Akhmadi; Siah Khosyi’ah; Ahmad Fathoni
Rechtsvinding Vol. 4 No. 1 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1769

Abstract

Globalization has increased the number of mixed-nationality and interfaith marriages, giving rise to cross-jurisdictional legal complexities, particularly for Muslim parties. This study aims to analyze the application of the principles of Private International Law—namely, lex patriae, lex domicilii, lex loci celebrationis, and lex rei sitae—in the resolution of disputes regarding mixed-nationality marriages and international inheritance. The methodology employed is normative legal research using a comparative law approach and analysis of court decisions. The results of the study indicate that the validity of mixed marriages is determined through a combination of formal requirements based on lex loci celebrationis and substantive requirements subject to lex patriae or lex domicilii, which often conflict with Sharia norms and the public policy of the forum state. In international inheritance, the differences between the faraidh system and Western law lead to fragmentation in dispute resolution, particularly regarding immovable property governed by lex rei sitae. To reduce legal uncertainty, cross-jurisdictional marriage contracts, international wills, mandatory bequests, and asset transfers that comply with the principle of dual compliance are necessary. This study underscores the importance of harmonizing national law, religious law, and human rights
Reconstruction of Certainty and Efficiency-Based Execution of Guarantee Objects: A Legal Comparative Approach Basyarudin Basyarudin; Sahrul Hanafi
Rechtsvinding Vol. 4 No. 2 (2026)
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/rechtsvinding.1849

Abstract

The execution of the object of collateral is a crucial phase in the material guarantee legal system because it determines the effectiveness of creditor protection and legal certainty in settling receivables. In Indonesian law, the Right of Dependency is designed as a guarantee instrument that gives preferential position and executory power to creditors. However, practice shows that the mechanism for the execution of the collateral object has not been fully implemented definitively and efficiently, and often even gives rise to further disputes. This study aims to analyze the structural problems of the execution of collateral objects in Indonesia and formulate a reconstruction of the execution mechanism based on legal certainty and efficiency through a comparative legal approach. This research uses normative legal research methods with legislative, conceptual, case, and comparative legal approaches. The results of the study show that the uncertainty of execution is caused by conflicts between legal regimes, ambiguity of execution norms, weak protection in execution auctions, and pre-execution problems related to the binding of guarantees. Through comparison with practices in other countries, this study found that the certainty and efficiency of execution can only be realized through coherent system design, post-execution dispute resolution, and harmonization between legal regimes. This research offers a reconstruction model of the execution of the collateral object that affirms the final character of the execution, strengthens the protection of parties in good faith, and integrates the principles of legal certainty and efficiency as a normative framework. This reconstruction is expected to be a reference for the renewal of the law on the execution of material guarantees in Indonesia
Co-Authors Ahmad Fathoni Akhmad Shodikin Akhmadi, Nurman Anita Fitria Basyarudin Basyarudin Dewa Sukma Kelana Dewa Sukma Kelana Edy Setyawan Idzam Fautanu Nurman Akhmadi Rian Rusmana Ridwan, Ahmad Hasan Saebani, Beni Ahmad Samsudin Samsudin Samsudin, Samsudin Siah Khosyi’ah Siti dea nurindah Sari Tiara Masayu Auliyadina