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All Journal Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Mu'amalah : Jurnal Hukum Ekonomi Syariah
Syafruddin, A. Ummu Fauziyyah
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Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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Urgensitas Musyawarah dalam Penyelesaian Perkara bagi Hakim Pengadilan Agama: Perspektif Al-Qur’an Syafruddin, A. Ummu Fauziyyah; Fikri, Mursyid; Basri, Halimah; Sohrah, Sohrah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 5 ISSUE 1, JANUARY 2024
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v5i1.45147

Abstract

Judges have an important role in making decisions in handling cases, therefore judges need time to deliberate before enacting a law and deciding on a case, therefore the number of judges consists of three people because of the concept of judicial deliberation which is carried out before deciding on a case. This research aims to provide clarity regarding the study of Al-Musyawarah in resolving cases for judges in Religious Courts from the perspective of Al-Qur’an interpretation. This research methodology uses a type of library research using the Tafsir Mawdhui (Thematic) approach. The results of the research shed more light on the universality of Islamic law which can penetrate the dimensions of time as the main basis for making decisions. It is hoped that this research will be able to provide significant benefits for readers and serve as a reminder that the concept of the Al-Qur’an perspective is always able to be present in resolving every case from time to time and it is also the author's hope that in the future the status of the rule of law and the majority of Muslims in Indonesia able to provide a progressive collaborative existence
Ekonomi Global Perspektif Konsep Maqashid Syariah Imam Al-Syatibi SYAFRUDDIN, A. UMMU FAUZIYYAH
Mu’amalah: Jurnal Hukum Ekonomi Syariah Vol. 2 No. 1 (2023)
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/muamalah.v2i1.7022

Abstract

This study discusses the urgency of the Global Economy in dealing with the progress of the times which is reviewed based on the principles of Islamic law, namely the orientation of benefit through a review of the Maqashid Syariah concept formulated by Imam Al-Syatibi. This study uses library research methods based on library sources in the form of literature and previous research that has relevance to the topic of global economic discussion which is then reviewed for urgency through the perspective of Maqashid Syariah. The results of the study show that the urgency of the presence of the global economy in people's lives is needed to then support the economy of every country that follows the pace of development by utilizing technological and scientific advances, which are included in the second level of maslahah, namely mashlahah hajiyah which is in the realm of protecting the five elements. The main point of human life is the safety of religion, soul, mind, lineage, and property, considering that the economic aspect is a fairly vital aspect in human life from any part of the country, which if not realized and able to adapt properly, may have an impact on the five basic elements of human life. So that through the presence of a global economy that provides convenience and is a mashlahah that supports the realization and fulfillment of the needs of the five basic elements of human life.
Digital Prenuptial Agreement through Electronic Notary in Indonesian Legal System Syafruddin, A. Ummu Fauziyyah; Tombi, Johan Tri Noval Hendrian; Raden, Andi Nur Fikriana Aulia; Ulil Amri
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 7 No. 1 (2025)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v7i1.1956

Abstract

Implementing digitalization in prenuptial agreements will still face many challenges, such as the readiness of digital infrastructure for notaries, public legal awareness, and guarantees related to personal data protection. Therefore, studying the legality and practice of digital prenuptial agreements through electronic notaries is important to provide legal certainty in the Indonesian legal system, which continues to undergo significant developments over time. This study employs a normative legal method with a legislative, case, and conceptual approach to analyze the urgency of legal recognition for prenuptial agreements through electronic notaries. The findings indicate that implementing the Remote Notary concept in Indonesia is not possible under current law, as the concept utilizes electronic tools as a means of communication, such as teleconferencing or video calls, which would inevitably impact the process of reading and signing the deed. Existing legal provisions do not fully support the legitimacy of electronic notarial deeds, particularly because they still require the physical presence of the parties and witnesses. Article 16(1)(m) of the Notary Public Act contradicts cyber notary practices, while the Electronic Information and Transactions Law explicitly excludes notarial deeds from the category of valid electronic documents. This makes digital prenuptial agreements vulnerable to being classified as private documents with weaker legal standing. Therefore, comprehensive regulatory harmonization efforts are needed to integrate principles of civil law, marriage law, and advancements in information technology.
Co-Authors Fachry Abda El Rahman Halimah Basri Mursyid Fikri Raden, Andi Nur Fikriana Aulia Sohrah Sohrah, Sohrah Tombi, Johan Tri Noval Hendrian