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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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Analisis Peran Komisi Pemilihan Umum (KPU) dalam Partisipasi Politik Masyarakat di Pilkada serta Meminimalisir Golput Siti dea nurindah Sari; Akhmad Shodikin; Sahrul Hanafi
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.602

Abstract

Voter participation in regional head elections is central to democratic legitimacy, yet the 2024 simultaneous regional elections revealed substantial variation and participation below the national target. This study aims to formulate an institutional strategy for the General Elections Commission (Komisi Pemilihan Umum/KPU) to strengthen informed and inclusive voter participation while reducing involuntary and uninformed abstention. The research uses a qualitative integrative literature review. Legal documents, official KPU reports, books, and peer-reviewed articles were selected purposively from journal portals, Garuda, and official legal and electoral-document databases. The sources were analyzed thematically using the civic voluntarism model and the electoral management body perspective, focusing on resources, political engagement, mobilization, integrity, accessibility, and institutional coordination. The findings show that abstention is heterogeneous and cannot be treated solely as political apathy. Low turnout also results from administrative barriers, limited political efficacy, distrust, unequal information access, mobility constraints, and inaccessible polling services. KPU therefore needs an integrated strategy consisting of institutional integrity, segmented and continuous voter education, accessible electoral services, responsible digital communication, and multi-stakeholder collaboration supported by measurable evaluation. This study contributes the ILAK framework—integrity, literacy, accessibility, and collaboration—as a model for shifting KPU policy from event-based socialization toward a sustainable voter-participation ecosystem. The framework emphasizes that participation must be improved without coercing citizens or delegitimizing conscious political abstention.
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
INTERFAITH MARRIAGE IN THE PERSPECTIVE OF TAFSIR Sahrul Hanafi
SINERGI : Jurnal Riset Ilmiah Vol. 3 No. 1 (2026): SINERGI : Jurnal Riset Ilmiah, January 2026
Publisher : Lembaga Pendidikan dan Penelitian Manggala Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62335/sinergi.v3i1.2286

Abstract

Interfaith marriage is a complex social and legal phenomenon in Indonesia's pluralistic society. In Islam , marriage is not just a social contract, but part of worship that must be in accordance with the provisions of the Sharia. This paper analyzes the Qur'anic verses related to the law of interfaith marriage, especially QS. Al-Baqarah [2]:221, QS. Al-Mumtahanah [60]:10, and QS. Al-Maidah [5]:5, through classical and contemporary tafsir approaches. This study shows that Islam strictly prohibits marriage between Muslims and polytheists because it has the potential to damage faith and household stability, but provides limited exceptions for Muslim men to marry women of the Book under certain conditions. The different interpretations of scholars such as Imam Syafi'i, Ibn Kathir, Ibn Hazm, and Abu Hanifah reflect the dynamics of fiqh in understanding the social and theological context of each era. In the context of Indonesian positive law, through Law Number 1 of 1974 and the Compilation of Islamic Law (Presidential Instruction No. 1 of 1991), the state emphasizes that interfaith marriages are not valid according to Islamic law. Thus, the discussion of the interpretation of these legal verses provides a theological and normative basis that the sanctity of faith is the main foundation in the formation of an Islamic family in Indonesia.
The Husband’s Absolute Authority in Nikah Sirri: An Analysis of Maqāṣid al-Syarī’ah on Women’s Rights Sahrul Hanafi; Nurman Akhmadi; Beni Ahmad Saebani; Idzam Fautanu
IJoIS: Indonesian Journal of Islamic Studies Vol. 7 No. 1 (2026): Indonesian Journal of Islamic Studies
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1479

Abstract

The practice of nikah sirri in Indonesia often results in the husband’s absolute authority, which is detrimental to women due to the lack of state legal protection. This study aims to analyze the impact of such authority on women’s rights through the perspective of Maqāṣid al-Syarī’ah and to propose a reconstruction of family law. The method employed is normative legal research with an ecosentric approach, examining laws, legal concepts, and court rulings. The results of the study indicate that absolute authority in secret marriages disrupts the family justice ecosystem and violates the principles of Maqāṣid, particularly the protection of life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and property (ḥifẓ al-māl). Women face structural vulnerabilities in the form of the loss of maintenance rights, shared property, and the legal status of their children. In conclusion, this practice contradicts the spirit of substantive Islamic justice. A legal reconstruction is needed to strengthen the role of the state and judges as guardians of the balance of the justice ecosystem, as well as a reinterpretation of the concept of qiwamah based on consultation and gender justice. Marriage registration must be viewed as a Sharia instrument to guarantee human dignity, not merely an administrative formality.
Legal Analysis of Family Maintenance in Labor Dynamics: A Review of Contemporary Family Law Dewa Sukma Kelana; Sahrul Hanafi; Beni Ahmad Saebani; Idzam Fautanu
IJoIS: Indonesian Journal of Islamic Studies Vol. 7 No. 1 (2026): Indonesian Journal of Islamic Studies
Publisher : Civiliza Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59525/ijois.1480

Abstract

Transformations in the labor market and shifts in the family law paradigm have blurred the concept of spousal support, which remains rooted in the male breadwinner paradigm. This study analyzes the dynamics of spousal support rights and obligations in the context of modern employment and identifies gaps in policy and judicial responses. Using a normative legal method with a legislative, conceptual, and case-law analysis approach covering the 2020–2025 period, the data were examined qualitatively through the harmonization of legal norms and the extraction of the ratio decidendi. The results indicate: (1) the legal framework for spousal support has not yet internalized the principle of shared responsibility or recognized the economic value of domestic labor; (2) the fragmentation of jurisprudence between Religious Courts and Industrial Relations Courts (PHI) in addressing the income volatility of non-standard workers creates legal uncertainty; and (3) labor regulations remain individualistic and disregard household resilience. The concepts of a living wage and household-centered responsibility are operationalized as parameters for adjusting obligations based on real economic capacity, childcare time allocation, and dependency ratios. The novelty of this study lies in the integration of family and labor law through a household resilience framework. Policy reforms are urgently needed to prevent the feminization of poverty and to create a gender-just labor ecosystem.
Interfaith Marriage: A Legal Analysis Through ‘Illat and Maqashid Syariah Sahrul Hanafi; Basyarudin
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 11 No. 1 (2026): June 2026
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pfpr5660

Abstract

Interfaith marriage is a sensitive issue that continues to spark controversy in Islamic family law, particularly when analyzed through the perspectives of text-based Islamic legal philosophy (nash), legal rationality ('illat), and the objectives of Sharia (maqashid syariah). This study aims to conduct an in-depth examination of the issues surrounding interfaith marriage in the context of pluralistic Indonesia. Using a qualitative method with a normative-philosophical approach, this study analyzes classical and contemporary literature as well as interpretations of maqashid syariah within the framework of legal pluralism. The results indicate that the prohibition on interfaith marriage is not merely normative-theological in nature but is grounded in rational justifications related to the protection of religious belief, household stability, and children’s education. From the perspective of maqashid al-sharia, this prohibition functions as a preventive instrument to safeguard religion (hifz al-din) and lineage (hifz al-nasl). However, Indonesia’s pluralistic social reality introduces new dynamics regarding human rights, necessitating a reinterpretation of the law without disregarding the fundamental principles of sharia. This study contributes by developing an operational framework for applying maqashid al-sharia to cases of interfaith marriage in Indonesian courts, specifically through the formulation of three evaluation criteria for testing the 'illat. This study provides an analytical framework that balances classical fiqh norms and contemporary social needs, and enriches the literature on Islamic family law in a multireligious society through a contextual dialectic of 'illat and maqashid. Keywords: Interfaith Marriage; Islamic Legal Philosophy; 'Illat Analysis; Maqashid al-Sharia; Islamic Family Law
The Legal Status of Severance Pay as Statutory Compensation for Termination of Employment and Its Relationship with Civil Damages Dewa Sukma Kelana; Sahrul Hanafi; Tiara Masayu Auliyadina; Rian Rusmana
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/gg5pgn57

Abstract

This study aims to clarify the legal position of severance pay following the post-Job-Creation-Law reforms in Indonesia, specifically examining its relationship with civil damages. The central proposition is that severance pay constitutes statutory compensation arising ex lege under employment legislation, and is not, by itself, a form of damages for breach of contract. A lawful termination of employment may still trigger an obligation for statutory severance or other compensation depending on the legally specified grounds. Conversely, an unlawful or contractually wrongful termination may raise separate legal questions concerning the restoration of workers' rights or civil damages, provided that their specific legal elements are proven. This study employs a normative legal research methodology, utilizing statutory, conceptual, and case approaches to analyze the Indonesian Civil Code, employment legislation read alongside Law Number 6 of 2023, Government Regulation Number 35 of 2021, and selected industrial relations decisions. The analysis concludes that employment law fundamentally serves as the lex specialis starting point. Civil Code Articles 1243 and 1365 may operate only subsidiarily where a genuine normative gap or a separate civil wrong exists, and where loss, causation, legal basis, and jurisdiction are firmly established; they do not automatically enlarge the statutory severance formula.
Interfaith Marriage in Indonesia: Juridical Dilemmas and a Maqāṣid al-Sharia Reconstruction for the Legal Status of Children Sahrul Hanafi; Selviana Afriza; Angelina Dwi Puspitasari
Adagium: Jurnal Ilmiah Hukum Vol 4 No 2 (2026): Adagium: Jurnal Ilmiah Hukum
Publisher : PT. Meja Ilmiah Publikasi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70308/p13eaj02

Abstract

Interfaith marriage in Indonesia presents a complex juridical dilemma arising from the interaction between religious family-law restrictions, constitutional rights, and population-administration rules. This study analyzes the normative relationship between the Compilation of Islamic Law (KHI) and the 1945 Constitution, examines legal uncertainty in marriage registration and its consequences for children, and formulates a maqāṣid al-sharia-based reconstruction aimed at protecting children’s civil rights. Using normative legal research with statutory, conceptual, case-based, and limited comparative approaches, the study distinguishes the hierarchy and function of the relevant norms and separates current positive law from proposals for reform. The analysis finds no automatic or absolute contradiction between the KHI and the Constitution; restrictions must instead be assessed within the constitutional framework of lawful and proportionate limitations. The principal concern lies in administrative and normative uncertainty that may burden children’s identity, parentage, and other civil rights. A reconstruction grounded in ḥifẓ al-nasl and maṣlaḥah al-ṭifl supports regulatory harmonization, clearer civil-status procedures, institutional reform, and convergence with the best-interests-of-the-child principle. These reforms should protect children without treating administrative registration as an automatic validation of an otherwise invalid marriage.
Co-Authors Ahmad Fathoni Akhmad Shodikin Akhmadi, Nurman Angelina Dwi Puspitasari 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 Selviana Afriza Siah Khosyi’ah Siti dea nurindah Sari Tiara Masayu Auliyadina