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All Journal Journal of Nafaqah Ipso Jure Journal of Nafaqah
Mawarni Fatma
Universitas Gajah Putih Takengon Aceh Tengah
Religion Law, Crime, Criminology & Criminal Justice Other

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Child Custody in Divorce: A Review of Islamic Law Against Modern Court Practice Muhammad Arsyad; M. Anshari; Mawarni Fatma
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/er3pxz67

Abstract

This study also aims to evaluate the extent to which Islamic law can be applied or accommodated in the modern justice system in Indonesia. The method used is a normative legal approach, with a literature review of legal sources, such as Islamic legal texts, court decisions, and Indonesian laws and regulations relating to child custody. The main data were obtained from books, journals, scientific articles, and relevant court decisions. Data analysis was carried out by examining the application of Islamic legal principles related to child custody in modern court practices in Indonesia. This study also uses comparative analysis to compare Islamic legal principles with Indonesian positive law. The results of the study show that although Islamic law provides clear principles regarding child custody, modern court practices are often not fully in accordance with these principles. The courts prioritize positive law, although the welfare of the child remains the main consideration. Therefore, harmonization between Islamic law and positive law is needed so that court decisions are fairer and in accordance with the values ​​of Muslim society. This study emphasizes the importance of integrating Islamic legal principles into the Indonesian justice system to ensure decisions that are in the best interests of the child.
Corporate Criminal Responsibility in Land Grabbing Crime Frans Reumi; Agus Iskandar PP; Mawarni Fatma
Ipso Jure Vol. 2 No. 7 (2025): Ipso Jure - August
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/rcxyps74

Abstract

Land grabbing by corporate entities is a form of structural crime that has a wide impact on land rights, the environment, and social justice in Indonesia. This practice is carried out through various manipulative mechanisms such as falsification of documents, power co-optation, and legal-formal but socially illegitimate land tenure. Unfortunately, the national criminal law framework has not been fully able to reach the complexity of these corporate crimes. This study aims to analyze corporate criminal liability in agrarian crimes with a normative juridical approach through a study of the Criminal Code, UUPA, and PPLH Law. The theory of corporate criminal liability and the concept  of piercing the corporate veil are used to connect structural errors in the corporate body with criminal offenses that occur. The results of the study show that there are normative gaps and weaknesses in law enforcement, especially in making corporations the subject of crime effectively. Therefore, it is necessary to integrate criminal, agrarian, and environmental law, as well as the establishment of special criminal norms that are lex specialis in agrarian law. The novelty of this research lies in the offer of reconstruction of corporate criminal law enforcement based on substantive justice. This reform is expected to be able to encourage agrarian sovereignty and the protection of people's constitutional rights
Child Custody in Divorce: A Review of Islamic Law Against Modern Court Practice Muhammad Arsyad; M. Anshari; Mawarni Fatma
Journal of Nafaqah Vol. 1 No. 2 (2024): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/er3pxz67

Abstract

This study also aims to evaluate the extent to which Islamic law can be applied or accommodated in the modern justice system in Indonesia. The method used is a normative legal approach, with a literature review of legal sources, such as Islamic legal texts, court decisions, and Indonesian laws and regulations relating to child custody. The main data were obtained from books, journals, scientific articles, and relevant court decisions. Data analysis was carried out by examining the application of Islamic legal principles related to child custody in modern court practices in Indonesia. This study also uses comparative analysis to compare Islamic legal principles with Indonesian positive law. The results of the study show that although Islamic law provides clear principles regarding child custody, modern court practices are often not fully in accordance with these principles. The courts prioritize positive law, although the welfare of the child remains the main consideration. Therefore, harmonization between Islamic law and positive law is needed so that court decisions are fairer and in accordance with the values ​​of Muslim society. This study emphasizes the importance of integrating Islamic legal principles into the Indonesian justice system to ensure decisions that are in the best interests of the child.
Co-Authors Agus Iskandar PP Frans Reumi M. Anshari Muhammad Arsyad