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All Journal Amorti: Jurnal Studi Islam Interdisipliner Jurnal Syariah, Hukum, dan Ekonomi Islam
Eko Sariyekti
INISNU Temanggung, Indonesia
Religion Humanities Education Social Sciences Other

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Legal Certainty Guarantees for Children’s Identity Rights from Unregistered Marriages: A Comparative Study in Indonesia and Malaysia Ahmad Muzaki; Eko Sariyekti; Hidayatun Ulfa
Amorti: Jurnal Studi Islam Interdisipliner Vol. 5 No. 1 Januari 2026: Amorti: Jurnal Studi Islam Interdisipliner
Publisher : Yayasan Azhar Amanaa Yogyakarta

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Abstract

Unregistered marriage constitutes a legal issue that potentially threatens legal certainty regarding children’s identity rights in both Indonesia and Malaysia. This study aims to analyze the role of the state in guaranteeing legal certainty for the identity rights of children born from unregistered marriages, as well as to identify the similarities and differences in the legal regulations of the two countries. This research is a normative legal study employing statutory, conceptual, and comparative approaches. The primary legal materials in Indonesia include Law Number 1 of 1974 concerning Marriage, Law Number 24 of 2013 concerning Population Administration, the Compilation of Islamic Law, and the Constitutional Court Decision Number 46/PUU-VIII/2010. Meanwhile, the primary legal materials in Malaysia include the Islamic Family Law (Federal Territories) Act 1984 and the Births and Deaths Registration Act 1957. The findings indicate that Indonesia adopts a corrective-progressive approach through the mechanism of isbat nikah (marriage validation) and Constitutional Court Decision Number 46/PUU-VIII/2010, which allows the recognition of civil relations between a child and the biological father based on scientific evidence. In contrast, Malaysia applies a stricter preventive-institutional approach through the Islamic Family Law Act 1984 under the supervision of the Syariah Court. The similarities between the two countries lie in the obligation of marriage registration, the role of religious courts, and their adherence to the Convention on the Rights of the Child (CRC). The principal differences are found in the recognition of civil relations between children and biological fathers, the marriage registration system (centralized versus decentralized), the existence of criminal sanctions, and the orientation of child protection policies. This study recommends the harmonization of regulations based on the principle of the best interests of the child as the foundation for developing responsive Islamic family law policies oriented toward the protection of children’s rights
Management of Disputed Inheritance Assets from the Perspective of Islamic Law and Positive Law Makhbub Hidayatur Rohman; Eko Sariyekti; Zaenal Arifin
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.622

Abstract

The cancellation of the grant in kaloran through deliberation occurred, causing several plots of land to become disputed. The people involved chose to avoid settlement in court which they considered complicated and required more energy, so they chose to remain silent and ignore it, making the land dispute last for a long time. This creates a special incident where the land continues to be managed even though there has been no definite decision on the owner without causing conflict and remaining harmonious because the local community is known for its tolerance. So this study aims to determine the views of Islamic law and positive law on the management of disputed land in Kaloran District, Temanggung Regency. The research conducted applies a qualitative research method, with a sociological approach with primary data obtained through observation, and interviews, directly to related informants, while secondary data is obtained from books, journals, articles and laws. Dispute Land Management is permitted for several reasons, namely that there is no party who feels disadvantaged, there are no claims or lawsuits, and there are no articles violated by the land manager. Management does not cause conflict and disputes because the local community is a harmonious and tolerant area so that the incident is allowed with understanding because disputes over property are still considered embarrassing.
Adopted Children with the Legal Status of Biological Children: Implications for Inheritance Rights Eka Mahargiani; Itsna Ummahatul Izza; Eko Sariyekti
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 3 No. 1 June 2025: Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v3i1.624

Abstract

In Islam, the tradition of adoption has been known since the pre-Islamic period and later regulated by Sharia to maintain the principles of justice and public interest. However, currently there are adopted children who hold the status of biological children, and this has become something that needs to be examined. The purpose of this research is to examine the status of adopted children who are treated like biological children in terms of inheritance, both based on positive law in Indonesia and according to Islamic law. The method used in this research employs a normative juridical approach. The research is descriptive qualitative and conducted through literature study. The data sources consist of primary data such as the Compilation of Islamic Law article 171 letter h, article 209 paragraph 2, scholars' opinions, as well as Law No. 35 of 2014 jo. Law No. 23 of 2002 and Government Regulation No. 54 of 2007. Data collection techniques include document review and literature study, while data analysis is carried out through the stages of collection, processing, analysis, and interpretation to obtain accurate conclusions. The results of this study explain that adopted children do not have the right to their adoptive parents' inheritance due to the absence of blood relation, but they can still receive part of the inheritance through gifts, wills, or obligatory wills with a maximum limit of one-third of the total inheritance. In Positive Law, according to Law No. 35 of 2014 concerning Child Protection, the inheritance issue of adopted children who have the status of biological children is not explained in detail, but it is stated that adopted children are treated like biological children and have equal rights to care, education, and protection.
Product Innovation Enhancement through Halal Food Certification: Evidence from Mondoretno MSMEs” Eko Sariyekti; M. Abdul Munjid; Mohammed Hafiz Ali Wafa
Jurnal Syariah, Hukum, dan Ekonomi Islam Vol. 4 No. 1 (2026): Jurnal Syariah, Hukum, dan Ekonomi Islam
Publisher : Yayasan Azhar Amanaa Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59944/jshei.v4i1.640

Abstract

Halal food industry in Indonesia is growing rapidly, creating a significant opportunity for UMKM to develop halal product innovations. This innovation not only enhances product quality but also expands export opportunities, positioning Indonesia as a key player in the global halal industry. This study aims to analyze the role of halal certification in driving product innovation among UMKM in Mondoretno. The research employs a qualitative approach, with data collection methods including interviews, observations, and documentation, expected to provide direct data from the sources. The data analysis techniques involve data collection, reduction, and conclusion drawing from field findings, along with triangulation to ensure data validity. The research subjects are UMKM in Mondoretno operating in the halal food sector. The findings are expected to provide effective strategies for UMKM to enhance product innovation through halal certification. Halal certification not only increases consumer trust but also encourages UMKM to continuously innovate in creating high-quality products.
Co-Authors Ahmad Muzaki Eka Mahargiani Hidayatun Ulfa Itsna Ummahatul Izza M. Abdul Munjid Makhbub Hidayatur Rohman Mohammed Hafiz Ali Wafa Zaenal Arifin