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p-Index From 2021 - 2026
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All Journal Bestuur Journal of Islamic Law
Arnone, Gioia
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Religion Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Preventing Violations of Religious and Social Norms: Judicial Interpretation of 'Urgent Reasons' in Marriage Dispensation at the Wonosari Religious Court, Indonesia Rohman, Taufiqur; Mahsus, Muhammad; Abduh, Muhammad; Arnone, Gioia
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1535

Abstract

Early marriage in Indonesia has garnered attention from international forums, urging the eradication of this practice to safeguard children’s rights. Despite national regulations raising the minimum age of marriage to 19 for both males and females, this practice persists due to legal loopholes allowing marriage dispensations granted by the court. Utilizing a socio-legal approach, this article analyzes 14 verdicts from the Wonosari Religious Court in 2022. The authors find that religious judges employ juridical, theological, psychological, and sociological argumentations in approving marriage dispensations based on three reasons presented by applicants. Among these reasons, two are granted not based on ‘urgent reasons’ but rather on interpretations of Islamic law and prevailing social norms. In-depth interviews with four religious judges handling these cases reveal variations in interpreting ‘urgent reasons’ in the context of marriage dispensations. The authors argue that the interpretation of ‘urgent reasons’ should prioritize the best interests of the child rather than merely considering potential violations of religious and social norms. This study provides profound insights into the dynamics of legal interpretation in the marriage dispensation decision-making process.
Cryptocurrency: Highlighting the Approach, Regulations, and Protection in Indonesia and European Union Tauda, Gunawan A.; Omara, Andy; Arnone, Gioia
BESTUUR Vol 11, No 1 (2023): Bestuur
Publisher : Administrative Law Departement Faculty of Law Universitas Sebelas Mare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/bestuur.v11i1.67125

Abstract

The speed of the adoption and use of cryptocurrency that utilizes blockchain technology as its central infrastructure is expanding globally, including in Indonesia. It has promising prospects as a future asset and payment instrument. However, the regulations in Indonesia are often delayed and inadequate for dealing with cryptocurrency's developments. This research is intended to analyze the approaches, regulations, and protection of the use of cryptocurrency. This study argues that the regulatory approach to using cryptocurrency is balanced, while Indonesia has a partial status in cryptocurrency legality. The government’s protection of cryptocurrency investors is adequate in using cryptocurrency as a commodity traded on futures exchanges with a license from Bappebti. A progressive policy for establishing the Digital Asset Law by the government is important due to the resultant clarity in the regulatory status of cryptocurrency will allow the ecosystem to grow and promote innovation, thus harnessing the benefits of cryptocurrency while mitigating related risks.
Co-Authors Andy Omara Gunawan A. Tauda Mahsus, Muhammad Muhammad Abduh Taufiqur Rohman