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Battle for Blood: Child Custody Conflicts in Divorce – Islamic vs. Customary Law Sarfitri, Destika Santi Putri; Damayanti, Ratih; Fidiyani, Rini; Winarsih, Winarsih; Qoiri, Mutmainah Nur; Muhsen, Jamaluddin Jamal
Contemporary Issues on Interfaith Law and Society Vol 3 No 2 (2024): July-December, 2024
Publisher : Faculty of Law, Universitas Negeri Semarang

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Child custody disputes following divorce often become complex legal and emotional battles, especially when religious and customary laws intersect. In many Muslim-majority societies, Islamic law (Sharia) and customary law (adat) both influence custody decisions, sometimes complementing each other but often conflicting in practice. Islamic law prioritizes the child’s welfare while emphasizing maternal custody during early childhood (hadanah) and paternal guardianship (wilayah) in later years. However, customary law, deeply rooted in local traditions, can override or modify these principles based on community norms, family ties, and social status. This study explores the legal and cultural dimensions of child custody disputes in divorce cases, analyzing the extent to which Islamic law and customary law shape judicial decisions and parental rights. While Islamic law prescribes clear guidelines, its application varies across jurisdictions, influenced by local customs and judicial interpretations. In many cases, customary norms challenge Islamic legal principles, leading to inconsistencies and gendered biases that may disadvantage mothers or overlook the best interests of the child. As globalization and legal reforms push for greater adherence to human rights and child protection standards, the tension between religious and customary laws raises critical questions about the future of custody rulings. This paper examines landmark cases, legal frameworks, and the evolving role of Islamic and customary laws in shaping custody outcomes. By comparing these perspectives, it seeks to highlight the need for harmonized legal solutions that prioritize the child’s well-being while respecting cultural and religious traditions.

Non-Penal Policy in Combating Love Scamming Qoiri, Mutmainah Nur; Ichsan, La Ode Muhammad
Semarang State University Undergraduate Law and Society Review Vol. 5 No. 2 (2025): July-December, 2025
Publisher : Semarang State University Undergraduate Law and Society Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lsr.v5i2.28463

One of today’s contemporary forms of crime, love scamming, inflicts huge financial and psychological losses on victims. This crime is increasingly complicated because it involves emotional relationships that are difficult for victims to recognize as a form of fraud. This research aims to examine and implement non-punitive policies as a prevention strategy against love scamming. The method used is a normative-empirical approach, which combines the study of applicable law and direct observation of existing social phenomena. With a socio-legal approach, this research analyzes the social response to love scamming. The results show that love scamming is influenced by structural factors such as economic inequality and weak emotional self. The research shows that in carrying out their actions, the perpetrators deceive the victims and take advantage of the emotional weakness and vulnerability of the victims. Non-penal efforts considered strategic for victims include increasing self-awareness in social media interactions. Meanwhile, to minimize crime, stakeholders can provide maximum limits on registering accounts in the application and prohibit creating anonymous accounts without a clear identity. This research not only contributes to prevention efforts in general for social media account users but also specifically for vulnerable groups such as women who are easily manipulated emotionally, and children and parents who are struggling with the use of technology and are at higher risk of becoming victims of love scamming.

Battle for Blood: Child Custody Conflicts in Divorce – Islamic vs. Customary Law Sarfitri, Destika Santi Putri; Damayanti, Ratih; Fidiyani, Rini; Winarsih, Winarsih; Qoiri, Mutmainah Nur; Muhsen, Jamaluddin Jamal
Contemporary Issues on Interfaith Law and Society Vol. 3 No. 2 (2024): Law, Morality, and Identity in Muslim Societies: A Contemporary Legal Discourse
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ciils.v3i2.31406

Child custody disputes following divorce often become complex legal and emotional battles, especially when religious and customary laws intersect. In many Muslim-majority societies, Islamic law (Sharia) and customary law (adat) both influence custody decisions, sometimes complementing each other but often conflicting in practice. Islamic law prioritizes the child’s welfare while emphasizing maternal custody during early childhood (hadanah) and paternal guardianship (wilayah) in later years. However, customary law, deeply rooted in local traditions, can override or modify these principles based on community norms, family ties, and social status. This study explores the legal and cultural dimensions of child custody disputes in divorce cases, analyzing the extent to which Islamic law and customary law shape judicial decisions and parental rights. While Islamic law prescribes clear guidelines, its application varies across jurisdictions, influenced by local customs and judicial interpretations. In many cases, customary norms challenge Islamic legal principles, leading to inconsistencies and gendered biases that may disadvantage mothers or overlook the best interests of the child. As globalization and legal reforms push for greater adherence to human rights and child protection standards, the tension between religious and customary laws raises critical questions about the future of custody rulings. This paper examines landmark cases, legal frameworks, and the evolving role of Islamic and customary laws in shaping custody outcomes. By comparing these perspectives, it seeks to highlight the need for harmonized legal solutions that prioritize the child’s well-being while respecting cultural and religious traditions.

Protection of Human Rights Against Women in an International Legal Perspective Kastiady, Salvia Salsabila Putri; Rajib, Rayi Kharisma; Qoiri, Mutmainah Nur; Salikin, Zulfikar Ahmad Nur
International Law Discourse in Southeast Asia Vol. 3 No. 2 (2024): Navigating Global Disputes: International Criminal Law, Human Rights, and Sover
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ildisea.v3i2.35119

The protection of human rights for women has been a central issue in international law, reflecting the evolving recognition of gender equality and the need to address systemic inequalities. Historically, women have been marginalized in both legal and societal structures, facing discrimination, violence, and economic disparity. However, over the past century, a series of international conventions, treaties, and declarations have sought to safeguard women's rights globally. Notably, the Universal Declaration of Human Rights (UDHR), the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), and various regional instruments have played pivotal roles in shaping legal norms that promote gender equality and protect women from abuses. Despite these legal frameworks, challenges persist in the effective implementation and enforcement of women's rights protections. Cultural, political, and socio-economic barriers continue to obstruct the realization of gender equality in many regions, and women often remain vulnerable to violence, exploitation, and discriminatory practices. The international legal system, through the work of organizations such as the United Nations, has made strides in encouraging state accountability and establishing standards for the treatment of women, but gaps in enforcement mechanisms, state sovereignty, and varying cultural norms complicate the protection process. This paper explores the international legal frameworks designed to protect women's human rights, evaluates the effectiveness of these mechanisms, and examines the ongoing obstacles to achieving comprehensive gender equality. The study highlights the need for continued advocacy, stronger enforcement, and collaboration among global institutions to advance the protection of women's rights and ensure their full participation in all spheres of life.

Understanding Indonesia's Responsibility for Causing Transfrontier Pollution from Fire Smoke When Viewed from an International Law Perspective Putri, Naila Sayyidina Putri; Arifin, Ridwan; Qoiri, Mutmainah Nur
Annual Review of Legal Studies Vol. 2 No. 1 (2025): January, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/arls.vol2i1.14590

Transfrontier pollution due to forest and land fires in Indonesia not only has a negative impact on domestic areas, but also extends to neighboring countries such as Malaysia and Singapore. Massive deforestation, reaching around 72% of the total original forest area and continuing at a rate of 1.8 million hectares per year, has made Indonesia one of the main contributors to global carbon emissions. The problem of forest fires has become an urgent national issue, demanding serious attention from the government and strong cooperation at the ASEAN regional level. This research analyzes in depth the international legal responsibilities of states, especially Indonesia, in preventing transnational pollution due to forest fires. By using a normative juridical approach and referring to various legal sources, this research aims to examine the extent to which Indonesia has fulfilled its obligations in the context of international law. ASEAN has launched several initiatives to overcome the problem of transnational haze, one of which is the ASEAN Agreement on Transboundary Haze Pollution (AATHP). Through the ratification of this agreement, Indonesia is committed to working with ASEAN member countries in efforts to control forest fires. Even though various mitigation efforts have been carried out, such as aerial bombing and weather modification technology, as well as cross-sector coordination, law enforcement regarding environmental pollution in Indonesia still needs to be improved. Consistent implementation of national legal provisions, such as Law Number 32 of 2009 concerning Environmental Protection and Management, as well as international legal norms is the key to effectively dealing with transnational pollution.

Building a Model for Refugee Rights Fulfillment: Community Collaboration at Cisarua Refugee Learning Centre in the Context of International Law Arifin, Ridwan; Abidah , Shofriya Qonitatin; Qoiri, Mutmainah Nur; Nte , Ngboawaji Daniel; Ezzerouali, Souad; Chhachhar , Varun
Indonesian Journal of Legal Community Engagement Vol. 8 No. 2 (2025): July-December, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jphi.v8i2.33111

This study explores the model of fulfilling refugee rights through community collaboration, with a specific focus on the Cisarua Refugee Learning Centre (CRLC) in Indonesia. Refugees, as one of the most vulnerable groups globally, often face significant challenges in accessing their basic rights, including education, healthcare, and legal protection. The research analyzes how community-based initiatives, especially through the CRLC, contribute to the realization of refugee rights in the context of international law, such as the 1951 Refugee Convention. This study emphasizes the importance of collaboration between refugees, local communities, and international organizations in fostering an inclusive environment for refugees to access essential services. By examining the CRLC's efforts in providing education, skills, and advocacy for refugees, this paper proposes a sustainable model for refugee rights fulfillment that aligns with international legal standards.

Illegal Fishing in the Natuna Sea: How UNCLOS 1982 Shapes Law Enforcement Between Vietnam and Indonesia Scoornova, Purnandya Arya Aji; Lubis, Muhammad Ikhsan; Qoiri, Mutmainah Nur; Ahmad, Nurul Hidayah Binte; Yifan, Liu; O’Connor, Liam James
Indonesian Journal of Environmental Law and Sustainable Development Vol. 3 No. 2 (2024): July-December, 2024
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijel.v3i2.40215

Illegal, unreported, and unregulated (IUU) fishing poses a significant threat to marine ecosystems, coastal livelihoods, and regional security, particularly in the strategically important Natuna Sea. This paper examines how the United Nations Convention on the Law of the Sea (UNCLOS) 1982 provides the legal framework for addressing illegal fishing activities and shaping law enforcement strategies between Vietnam and Indonesia. The study analyzes the obligations of coastal and flag states under UNCLOS, focusing on exclusive economic zones (EEZs), sovereign rights over marine resources, and the responsibilities to prevent, deter, and penalize IUU fishing. Through a case study approach, the article explores specific incidents involving Vietnamese fishing vessels operating in Indonesia’s EEZ around the Natuna Sea. It assesses how Indonesia has leveraged UNCLOS provisions, alongside domestic maritime law, to assert sovereignty, enforce regulations, and protect marine resources. The study also highlights challenges in enforcement, including jurisdictional ambiguities, resource constraints, and diplomatic tensions that complicate bilateral and regional responses. The analysis demonstrates that while UNCLOS 1982 establishes clear legal standards for maritime governance, its effectiveness depends on coordinated law enforcement, regional cooperation, and the integration of domestic and international legal mechanisms. The paper argues that addressing illegal fishing in the Natuna Sea requires not only adherence to UNCLOS but also proactive diplomatic engagement, capacity-building, and multilateral cooperation within Southeast Asia. Ultimately, the study concludes that UNCLOS serves as both a legal foundation and a practical tool for promoting sustainable fisheries management, strengthening maritime security, and mitigating conflict between Vietnam and Indonesia in the Natuna Sea.

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