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All Journal Al-Manahij : Jurnal Kajian Hukum Islam Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Journal of Sustainable Development and Regulatory Issues Lex Scientia Law Review
Azizah, Mabarroh
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Environmental Science Law, Crime, Criminology & Criminal Justice Public Health

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The Controversy on the Minimum Age for Marriage in Indonesia: Factors and Implications Rismana, Daud; Hariyanto, Hariyanto; Azizah, Mabarroh; Zakiyah, Ninik; Hakimi, Abdul Rahim
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 2 No. 1 (2024): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v2i1.21

Abstract

In 2019, Indonesia redefined the minimum age limit for marriage with the aim of achieving gender equality and reducing child marriage rates. Unfortunately, this legal reform did not entirely succeed and, instead, created a paradox within Indonesian society. This study aims to investigate the controversy surrounding the minimum age for marriage as stipulated in Indonesian Marriage Laws. The paper employs a socio-legal approach, collecting data through legal material investigation and interviews. The research indicates that the reformation attempt brings about at least three undesired implications: an increase in the number of marriage dispensations, child marriages, and pre-marital pregnancies. These paradoxes appear to be influenced by several factors: (1) the public's minimal awareness of the current marriage law, (2) the lack of socialization from government bodies, and (3) regulatory inconsistency itself. Theoretically, instead of resolving issues within society, it turns out that the legal changes initiated by the state do not significantly trigger changes within society.
Risk-Based Mining Investment in the Framework of Fair Legal Certainty Suhartana, Lalu Wira Pria; Asikin, Zainal; Haq, L. Muh. Hayyanul; Azizah, Mabarroh
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

Investment requires a legal system that provides certainty and justice for the community because policy changes are not enough without a market-oriented legal system to attract more investors.This study aims to analyze risk-based mining investment, in order to increase legal certainty in the mining investment sector. The approach used is the legislative, conceptual, and historical approach, by conducting dogmatic, theoretical, and philosophical legal studies. From this study it shows that. The rapid growth of investment flows not only affects the business aspect itself, but also affects the regulatory aspect of the host country. Indonesia's investment policy is driven by several factors such as lack of capital, experience and technology to cultivate economic potential into real economic power, so the use of foreign capital needs to be utilized optimally to accelerate economic development and regions or sectors that cannot be overcome by capital itself. Specifically in the implementation of the mining business, a shift towards a permit-based system is needed to increase regulatory clarity and the need for clarity in the division of authority between the central and regional governments to encourage community involvement in resource management. Mining business permits must be viewed as a preventive instrument aimed at controlling increasingly uncontrolled mining activities, in addition it turns out that mining activities are based on changing policies so that they often cause uncertainty in their implementation.
Decentralization and the Fulfilments of Children's Rights: Challenges and Opportunities for Local Government in Indonesia Hariyanto, Hariyanto; Meidina, Ahmad Rezy; Azizah, Mabarroh
Lex Scientia Law Review Vol. 8 No. 2 (2024): Advancing Justice, Rights, and Governance in a Digital and Decentralized World
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lslr.v8i2.14373

Abstract

The commitment of local governments to protect children in areas such as education, violence, and discrimination is illustrated by Banyumas Regency's Local Regulation Number 1 of 2021, which addresses child protection. However, several challenges persist in its implementation. This study investigates the role of decentralization through local regulations related to child protection, employing normative legal research methods that include a regulatory approach, conceptual analysis, and case studies. The findings indicate that Banyumas Local Regulation No. 1 of 2021 establishes a strong legal framework that significantly protects children from discrimination, violence, and educational inequities. Nevertheless, implementation faces numerous obstacles, including inadequate inter-agency coordination, insufficient infrastructure, limited funding, and a lack of public awareness regarding the importance of protecting children's rights. This research proposes increasing funding allocations through the Regional Budget and recommends creating a collaborative forum that includes local governments, relevant agencies, schools, community organizations, and law enforcement to enhance policy coordination and action. Furthermore, the government is urged to improve community outreach regarding decentralized regulations that protect children. Ultimately, it is crucial to evaluate and refine existing policies to ensure the protection of minors' rights and to provide legal security and certainty.
The Politicization of Religion and Law Enforcement in Indonesia's Democratic Elections: An Islamic Legal Perspective Qosim, M. Rizal; Hariz, Hajar Salamah Salsabila; Arowosaiye, Yusuf Ibrahim; Azizah, Mabarroh; Idamatussilmi
Al-Manahij: Jurnal Kajian Hukum Islam Vol. 19 No. 2 (2025)
Publisher : Sharia Faculty of State Islamic University of Prof. K.H. Saifuddin Zuhri, Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/mnh.v19i2.15244

Abstract

The politicization of religion in Indonesia's democratic elections represents a structural challenge that disrupts constitutional governance, weakens legal neutrality, and conflicts with the normative principles articulated in al-Māwardī's fiqh siyāsah dustūriyyah. While existing scholarship has addressed the interplay between religion and politics, few studies examine how the strategic manipulation of religious symbols and clerical authority erodes institutional integrity when analysed through al-Māwardī's framework of governance. This study investigates the mechanisms and consequences of religious politicization by integrating key concepts of al-Māwardī, such as ʿadl (justice), amānah (trust), wilāyah al-qaḍā' (judicial authority), and ḥisbah (public oversight) as constitutional ethical standards for political conduct. Utilising a qualitative descriptive method and case study approach, the research analyses interactions among political elites, religious actors, and law enforcement bodies to understand how these relationships influence decision-making processes. The findings reveal three constitutional distortions: the instrumentalisation of religious narratives to delegitimise political opponents; the intervention of religious groups in judicial processes that threaten the independence of legal institutions; and transactional alliances that compromise the objectivity of state authority. From the perspective of al-Māwardī's fiqh siyāsah, these practices violate maqāṣid al-sharīʿah, especially the preservation of justice, intellect, and social cohesion, and contradict the constitutional ethics expected of legitimate governance. This study concludes that religious politicization functions as a systemic threat to the rule of law, undermines public trust, and deviates from al-Māwardī's normative model of just political authority. The research contributes a jurisprudential framework demonstrating how fiqh siyāsah dustūriyyah can guide ethical and accountable governance in contemporary Muslim-majority political systems.
Co-Authors Daud Rismana Hakimi, Abdul Rahim Haq, L. Muh. Hayyanul HARIYANTO HARIYANTO Hariz, Hajar Salamah Salsabila Idamatussilmi Meidina, Ahmad Rezy Qosim, M. Rizal Suhartana, Lalu Wira Pria Yusuf Ibrahim Arowosaiye Zainal Asikin Zakiyah, Ninik