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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan LEGAL BRIEF
Gisymar, Najib A.
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Religion Law, Crime, Criminology & Criminal Justice Social Sciences

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Pandora's Box in Surrogacy: The Paradox of Legal Altruism and the Threat of Human Trafficking Gisymar, Najib A.; Noorhidayah, Noorhidayah; Naufal, Naufal; Purnawirawan, Agung Cucu; Suhra, Sarifa
LEGAL BRIEF Vol. 14 No. 1 (2025): April: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v14i1.1246

Abstract

The practice of surrogacy is now an international debate, colored by the tension between the legal policies that regulate this practice and the potential for exploitation and human trafficking. Some countries, such as Italy, prohibit this practice with severe sanctions, while others, such as India and Thailand, legalize it with certain restrictions, prioritizing the altruistic dimension. This article explores the paradox contained in surrogacy, considering it as a Pandora's box that contains both hope and serious potential risks, especially related to the threat of exploitation and human trafficking. This study adopts a normative legal approach by comparing the regulation of surrogacy in countries that allow and prohibit this practice. The methodology used is a socio-conceptual approach, where data is collected through a review of literature and related international conventions, and analyzed with a teleological interpretation to understand the purpose of the rules and the developing legal phenomena. The research findings show that although surrogacy can offer reproductive solutions, this practice often gives rise to ethical and legal dilemmas that threaten the human rights of both surrogate mothers and the children born. Therefore, it is important to find a middle ground that ensures the protection of all parties involved, both those who support or oppose this practice
Interfaith Marriage in Indonesia: Juridical Challenges and Human Rights Perspectives Surasa, Ais; Sururie, Ramdani Wahyu; Gisymar, Najib A.; Aris, Mohammad Syaiful; Farid, Diana; Abdulah Pakarti, Muhammad Husni
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 12 No 1 (2025): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v12i1.11071

Abstract

Interfaith marriage refers to a union between two individuals who adhere to different religions and remains a complex issue within the Indonesian legal system. Legally, Law No. 1 of 1974 on Marriage does not explicitly regulate interfaith unions. However, Article 2(1) of the law states that a marriage is valid if conducted by the religious laws and beliefs of the parties involved. This commonly means that interfaith marriages lack legal recognition in Indonesia. This interpretation is further reinforced by the issuance of Supreme Court Circular Letter (SEMA) No. 2 of 2023. This study adopts a normative juridical method with a descriptive qualitative approach. Primary data were obtained from the Marriage Law, the Compilation of Islamic Law, fatwas issued by the Indonesian Ulema Council (MUI), Muhammadiyah, Nahdlatul Ulama (NU), and SEMA No. 2 of 2023. Secondary data were gathered from legal literature, court decisions, and scholarly articles. The findings indicate that, under Article 2(1) of the Marriage Law, interfaith marriages are deemed invalid under Indonesian national law. However, from a human rights perspective—as stipulated in Article 16 of the Universal Declaration of Human Rights (UDHR) and Article 28B(1) of the 1945 Constitution—every individual has the right to marry regardless of religious affiliation. This study also outlines several legal alternatives available to interfaith couples seeking to formalize their marriage, including filing a court petition, temporarily adhering to one partner’s religious law, or marrying abroad. The legal implications of interfaith marriage include issues related to its validity, administrative registration, children's legal status, and both spouses' civil rights.
Co-Authors Abdulah Pakarti, Muhammad Husni Farid, Diana Mohammad Syaiful Aris NAUFAL, NAUFAL Noorhidayah Noorhidayah, Noorhidayah Purnawirawan, Agung Cucu Ramdani Wahyu Sururie Sarifa Suhra Surasa, Ais