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All Journal Jurnal Media Hukum Mawaddah: Jurnal Hukum Keluarga Islam An-nisa: Journal of Islamic Family Law
Chernysh, Maryna
Unknown Affiliation
Religion Law, Crime, Criminology & Criminal Justice Other

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Investigation Methods of Combating Smuggling and Suspicious Trade Through Transport Routes: Ukrainian Case Kniaziev, Sergii; Verbytskyi, Vitalii; Chernysh, Maryna; Dziubynskyi, Andrii; Kyslyi, Anatolii
Jurnal Media Hukum Vol. 31 No. 2: December 2024
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.v31i2.21931

Abstract

Smuggling poses a threat both to individuals and to national security. The problem of smuggling is complicated by the constant transformation of criminal schemes, thereby urging the search for appropriate investigation methods of this offense. The aim of the research is to improve the methods of investigation of smuggling through the integration of legislative, international, human, and technical resources. The research employed a doctrinal approach, a statistical method, and a descriptive method. As a result of the research, the Ukrainian legislation on combating smuggling was analysed in the context of European integration. It is noted that the criminalization of smuggling of goods is a welcome innovation, but the legislative framework needs further improvement. The legal basis of Ukraine's international cooperation in the investigation and countering of smuggling has been disclosed. The priority forms of cooperation were determined and directions for further improvement were revealed using the experience of several international initiatives. The value of human capital in combination with the latest technologies in the process of investigating crimes related to smuggling is noted. The obtained conclusions can be useful for regulatory bodies in the context of developing anti-smuggling policies based on identified priority areas.
Beyond Formal Courts: The Role of Customary Institutions in Resolving Divorce Disputes in East Aceh, Indonesia Miswar, Nabila; Friatna, Ida; Mustaqim, Riza Afrian; Chernysh, Maryna; Batdulam, Munkh-Erdene
An-Nisa: Journal of Islamic Family Law Vol. 3 No. 1 (2026): Maret
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/an-nisa.v3i1.489

Abstract

This study examines the authority, effectiveness, and practices of divorce dispute resolution conducted by customary institutions in Lhok Dalam Village, Peureulak District, East Aceh, Indonesia. The research addresses the growing interaction between customary mechanisms and formal religious courts in resolving family disputes within Acehnese society. Using a qualitative socio-legal approach, data were collected through in-depth interviews with customary leaders and community members, field observations, and document analysis. The data were analyzed using descriptive-analytical techniques to identify patterns of authority, mediation practices, and institutional limitations within the customary dispute resolution process. The findings reveal that customary institutions possess strong moral and social legitimacy in mediating marital conflicts before cases are submitted to the Mahkamah Syar’iyah. Divorce disputes are generally addressed through deliberative dialogue, religious advice, and reconciliation efforts (islah) aimed at restoring family harmony. This process is perceived as effective in reducing social tensions, preventing premature divorce, and preserving community dignity and social cohesion. However, the study also finds that the effectiveness of customary mediation remains institutionally limited because the outcomes lack formal legal recognition within the state legal system. Consequently, decisions reached through customary mediation cannot always guarantee legal certainty for the parties involved. This study recommends strengthening the role of customary institutions by establishing formal documentation of mediation outcomes, enhancing the capacity of customary leaders through legal and mediation training, and developing institutional collaboration with the Mahkamah Syar’iyah to ensure both social legitimacy and legal certainty in divorce dispute resolution.
Unregistered and Online Marriage in Indonesia: An Islamic Law and Legal Perspective Based on the Principle of Al-Masyaqqah Tajlibu al-Taysīr Purnama, Yusuf Agung; Firdaus, Slamet; Wahyudi, Wahyudi; Chernysh, Maryna; Siddiq, Achmad
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.40

Abstract

Marriage in Islam is a sacred contract that has a worship and social dimension, so its regulation is a concern in Islamic law and state law. Social and technological developments have given birth to contemporary marriage practices such as serial marriage and online marriage contracts that raise legal issues, especially related to the validity and legal protection for women and children. This study aims to analyze these two practices in the perspective of Islamic law and positive Indonesian law by using the rules of fiqh al-masyaqqah tajlibu al-taysīr as a framework for analysis. The method used is normative juridical law research with a literature approach, through the analysis of primary and secondary sources in the form of the Qur'an, hadith, fiqh books, Compilation of Islamic Law, and laws and regulations. The results of the study show that nikah siri can be considered valid in fiqh if it meets the principles and conditions, but it does not have legal force in the country's legal system, so it has implications for weak legal protection, especially for women and children. Meanwhile, an online marriage contract can be considered valid according to some scholars as long as it fulfills the substantive elements of the contract, although it still faces challenges in the aspect of formal legality. The discussion shows that the application of the rules of al-masyaqqah tajlibu al-taysīr reflects the flexibility of Islamic law in responding to social dynamics without neglecting maqāṣid al-syarī'ah and legal certainty. Therefore, it is necessary to harmonize adaptive regulations and strengthen marriage registration to ensure legal certainty and protection, while affirming that formal legality is an essential aspect in contemporary marriage practices.
Co-Authors Batdulam, Munkh-Erdene Dziubynskyi, Andrii Ida Friatna Kniaziev, Sergii Kyslyi, Anatolii Miswar, Nabila Purnama, Yusuf Agung Riza Afrian Mustaqim Siddiq, Achmad Slamet Firdaus Verbytskyi, Vitalii Wahyudi Wahyudi