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Legal Discovery of Religious Court Judges in Marriage Itsbat Cases: An Effort to Reform Marriage Law in Indonesia Husain, Husain; Abdulah Pakarti, Muhammad Husni; Kadir, Taqyuddin; Noor, Tajuddin; Saputra, Edy
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.8996

Marriage as the foundation of the family has an important position in society, but problems often arise regarding marital status, especially in itsbat of marriage cases. This study aims to identify and analyze the legal findings of Bandung Religious Court judges in itsbat of marriage cases, as well as the extent to which these legal findings contribute to the reform of marriage law in Indonesia. This research uses normative legal research methods with a statute and case approach. Primary and secondary data obtained from itsbat of marriage decisions, books, and journals that have the same discussion as this research. The results showed that the Religious Court judge in deciding the itsbat of marriage case had made various efforts to provide fairer legal protection for the parties who filed the application. The resulting legal findings, such as the application of the precautionary principle in assessing evidence, considering aspects of material justice, and providing innovative solutions in complex cases, have contributed significantly to the development of marriage law in Indonesia. However, there are still some challenges that need to be overcome, such as limited access to evidence and legal uncertainty in some aspects. Therefore, further efforts need to be made to improve the regulations and mechanisms for resolving itsbat of marriage cases, so as to provide legal certainty and justice for all interested parties.

Omnibus Law Cipta Kerja Perspektif Hukum Islam Harmono, Harmono; Abdulah Pakarti, Muhammad Husni; Judijanto, Loso; Kadir, Taqyuddin; Gunawan, Moh Sigit
Jurnal Legislasi Indonesia Vol 21, No 2 (2024): Jurnal Legislasi Indonesia - Juni 2024
Publisher : Direktorat Jenderal Peraturan Perundang-undang, Kementerian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54629/jli.v21i2.1208

This law has a significant impact on various aspects of people's lives, including the economy, labor, and the environment. This study aims to analyze the Omnibus Law on Job Creation from an Islamic perspective with a focus on aspects of social justice, protection of workers' rights, and environmental impacts. However, the problems are (1) How is the Islamic perspective on social justice regulated in the Omnibus Law on Job Creation Law? (2) How is the protection of workers' rights in the Omnibus Law on Job Creation Law seen from an Islamic perspective? (3) How is the environmental impact of the implementation of the Omnibus Law on Job Creation Law from an Islamic perspective?. This research uses a normative juridical method with a qualitative approach as well as conceptual and statutory regulations (normative-juridical). By analyzing legal documents, and Islamic literature, related to the Omnibus Law on Job Creation Law. This approach will help in understanding aspects of social justice, protection of workers' rights, and environmental impacts associated with the law. The results show that, although the Omnibus Law on Job Creation is designed for the public good with the aim of promoting economic growth and job creation, there are discrepancies with the principles of Islamic Law, particularly in terms of social justice, welfare, and protection of workers' rights. Some of the rules in this law tend to favor employers, which can be detrimental to workers and society, and contradict the concept of justice in Islam. In addition, the negative impact on the environment that may arise from the implementation of this law is also not in line with Islamic principles that emphasize the importance of preserving nature and the balance of the ecosystem.

Corporate Compliance with ESG (Environmental, Social, and Governance): Perspectives on Business Law and Good Corporate Governance (GCG) polontoh, Herry m; Kadir, Taqyuddin
Ipso Jure Vol. 2 No. 5 (2025): Ipso Jure - June
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25czhf80

This study examines the urgency of integrating Environmental, Social, and Governance (ESG) principles into Indonesia's business law framework in response to global demands for sustainable corporate practices. Through a normative juridical approach, this study analyzes the disharmony of national regulations, especially between Law No. 40 of 2007 concerning Limited Liability Companies, Law No. 32 of 2009 concerning Environmental Protection and Management, and sectoral regulations from the OJK such as POJK No. 51/POJK.03/2017. The results of the study show that although ESG principles are beginning to be accommodated in some legal instruments, they are still administrative, sectoral, and do not have a strong binding force judicially. This has an impact on weak corporate accountability in carrying out environmental and social responsibility as part of Good Corporate Governance (GCG). This research emphasizes the importance of ESG codification as a positive legal norm that can be enforced through the supervision and accountability mechanism of the board of directors. Comparative studies with practices in the European Union and OECD show that the successful implementation of ESG is highly dependent on the existence of prescriptive norms and integrated monitoring systems. Therefore, the reformulation of Indonesian corporate law is crucial to realize inclusive, sustainable, and accountable business governance

Legal Discovery of Religious Court Judges in Marriage Itsbat Cases: An Effort to Reform Marriage Law in Indonesia Husain, Husain; Abdulah Pakarti, Muhammad Husni; Kadir, Taqyuddin; Noor, Tajuddin; Saputra, Edy
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 11 No 2 (2024): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v11i2.8996

Marriage as the foundation of the family has an important position in society, but problems often arise regarding marital status, especially in itsbat of marriage cases. This study aims to identify and analyze the legal findings of Bandung Religious Court judges in itsbat of marriage cases, as well as the extent to which these legal findings contribute to the reform of marriage law in Indonesia. This research uses normative legal research methods with a statute and case approach. Primary and secondary data obtained from itsbat of marriage decisions, books, and journals that have the same discussion as this research. The results showed that the Religious Court judge in deciding the itsbat of marriage case had made various efforts to provide fairer legal protection for the parties who filed the application. The resulting legal findings, such as the application of the precautionary principle in assessing evidence, considering aspects of material justice, and providing innovative solutions in complex cases, have contributed significantly to the development of marriage law in Indonesia. However, there are still some challenges that need to be overcome, such as limited access to evidence and legal uncertainty in some aspects. Therefore, further efforts need to be made to improve the regulations and mechanisms for resolving itsbat of marriage cases, so as to provide legal certainty and justice for all interested parties.

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