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All Journal Jambura Law Review Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Journal of Law and Legal Reform JILS (Journal of Indonesian Legal Studies)
Ahmad, Nadzriah
Unknown Affiliation
Law, Crime, Criminology & Criminal Justice

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Inheriting Inequity: A Comparative Legal Dissection of Gender Discrimination in Indonesian Inheritance Law Wulandari , Wahyuni Retno; Ahmad, Nadzriah; Fitriliani, Yulia; Purwaningsih, Rini
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

As Indonesia adopts Islamic law, civil law, and customary law in its legal system, it is suspected that some serious issues emerge in its implementation. One of them is gender inequality issue in its inheritance law. While the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) has been ratified by the country, discriminatory practices persist as a result of patriarchal interpretations of the law and dominant patrilineal customs. This study aims to analyze gender inequality in inheritance distribution by examining how legal systems in Indonesia align with or diverge from the international human rights norms, particularly CEDAW. Using a normative legal method and comparative approach, this study looked into the legal structure, substance, and culture of inheritance legal systems in predominantly Muslim countries such as Egypt, Tunisia, Morocco, Pakistan, Thailand, Malaysia, Singapore, Brunei Darussalam, and Indonesia based on Lawrence Friedman’s legal system theory. The results showed that Indonesia’s civil law had a tendency to conform to the international gender equality norms. However, the Islamic and customary inheritance practices in the country were still strongly influenced by patriarchal values. In comparison, some of the other countries studied in this research demonstrated greater flexibility in aligning their Islamic inheritance laws with the gender justice principles. These findings underscored the urgent need for Indonesia to develop context-sensitive legal reform strategies that include progressive ijtihad, transformation of patriarchal customs, and synchronization of the national inheritance law with the international human rights standards.
The Comparative Study: Protecting Children’s Rights Through Law Reform of Restorative Justice in Juvenile Cases Ismail, Dian Ekawaty; Ahmad, Nadzriah; Mantali, Avelia Rahmah Y.; Moha, Mohamad Rivaldi; Machmud, Andika Wardhana
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.13724

Abstract

The high influence of the internet plays a role in the increase in criminal acts that use children as the main perpetrators. In legal involvement on the part of the child as a suspect, the law must consider the mental aspects of the child. Children who come into contact with the law are often confronted with the Juvenile Justice System (JJS). The judge’s decision following the trial can have negative effects on the child. Restorative Justice through the implementation of Diversion is a step that law enforcement officials can take to prevent children from facing trial situations. This study aims to examine the implementation of Restorative Justice in juvenile cases and analyze its role in shaping character and safeguarding children’s rights amid the challenges of the digital era. This research used normative legal research by examining literature studies from primary and secondary legal materials. The results of this research indicate that the implementation of Restorative Justice in juvenile cases can be carried out in the Pre-Adjudication stage (investigation and inquiry), Adjudication stage (prosecution and trial), and Post-Adjudication stage (execution of sentences). Meanwhile, the implementation of Restorative Justice in building character and protecting children’s rights can be achieved through the integration of restorative justice principles, including education and awareness, rehabilitation approach, active participation of children, involvement of victims, use of alternative sanctions, collaboration with experts, respecting children, and developing social and emotional skills.
Periscope of Ideas Selective Criteria for the Application of Restorative Justice in Corruption Crimes Wangga, Maria Silvya E.; Ahmad, Nadzriah; Puluhulawa, Jufryanto; Swarianata, Vifi
Journal of Indonesian Legal Studies Vol. 9 No. 1 (2024): Navigating Legal Landscapes: Exploring Justice Development in Indonesia and the
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.vol9i1.4530

Abstract

This article applies the theory of restorative justice to the analysis of state losses resulting from corrupt activities. This study employs socio-legal research, which is a type of normative legal research that is dependent on values and facts. The study's findings revealed that two (2) points of view are based on the fundamental notion that restorative justice can compensate the state for damages incurred through acts of corruption. First, in order to make up for the losses sustained by the state as a result of corrupt criminal acts, law enforcement must be centered around the idea of restorative justice. Secondly, the fact that the Constitutional Court's ruling Number 25-PUU-XIV-2016 eliminated the word "may" from Article 2 paragraph (1) and Article 3 of Law Number 20 Year 2001 in combination with Law Number 31 Year 1999 for the Eradication of Corruption remains a reality. In order to ensure that substantive justice in the application of restorative justice does not clash with current laws and regulations and is administered with chosen criteria, the A quo ruling nullifies Article 4 of the Corruption Crime Eradication Law.
The Prevalence Of Child Marriage: Comparitive Study Of Indonesia And Other South Asian States Retnowulandari, Wahyuni; Wangga, Maria Silvya Elisabeth; Notoprayitno, Maya Indrasti; Ahmad, Nadzriah
Jambura Law Review VOLUME 6 NO. 2 JULY 2024
Publisher : Universitas Negeri Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33756/jlr.v6i2.24257

Abstract

Child marriage is a serious issue that has yet to be addressed by Indonesia. This practice severely affects the rights of the child and also Indonesian society as a whole. From a human rights perspective, child marriage is a form of gender-based violence. The causes of early marriage in Indonesia include pregnancy out of wedlock, which is also supported by westernized social life as well as the influence of the media, low education, economic factors and patriarchal culture. Meanwhile, other South Asian States such as India are influenced by economic violence against Muslim women perpetrated by their husbands. This practice in India has a detrimental impact on Muslim women's access to health services, educational attainment, social mobility, and employment opportunities. Furthermore, Bangladesh is affected by family poverty, while Pakistan is affected by financial shocks and school dropout rates. Although multiple factors causally affect the prevalence of child marriage, Indonesia and other South Asian States have shown that protective laws may help to lower the rates of child marriages and adolescent fertility. This article analyzes Indonesia's legal framework in efforts to protect child marriages and compares it with other South Asian States. The main issue of this paper is that early marriage violates the children's rights and both the Indonesian government and the international community should be obligated to combat early child marriage. The methodology employed by this article is a qualitative method of comparative legal case study, where secondary data such as books, articles, reports, online web sites, and court cases are analyzed. This article concludes that existing evidence shows that Indonesia and other South Asian states still lack in enforcement and monitoring delays to ensure the rights of the child and protect women. Alternative legal protection should be applied in order to ensure that women and children can gain access to higher education and hold their life in their own hands
Co-Authors Dian Ekawaty Ismail Jufryanto Puluhulawa Machmud, Andika Wardhana Mantali, Avelia Rahmah Y. Maria Silvya E. Wangga Mohamad Rivaldi Moha Notoprayitno, Maya Indrasti Rini Purwaningsih Vifi Swarianata Wahyuni Retnowulandari, Wahyuni Wangga, Maria Silvya Elisabeth Wulandari , Wahyuni Retno Yulia Fitriliani, Yulia