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All Journal NOMOI Law Review Sibatik Journal : Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Indonesian Journal of Humanities and Social Sciences
Aprilyana Sembiring, Idha
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS HUKUM TERHADAP PENETAPAN PERGANTIAN JENIS KELAMIN OLEH MAJELIS HAKIM MENURUT HUKUM POSITIF DI INDONESIA (STUDI PENETAPAN NOMOR: 112/PDT.P/2022/PN BLB, PENETAPAN NOMOR 315/Pdt.P/2021/PN.JKT.Utr, DAN PENETAPAN NOMOR 195/Pdt.P/2021/PN.JKT.UTR) Laila Fairuz Matondang, Nindi; Sembiring, Rosnidar; Aprilyana Sembiring, Idha
SIBATIK JOURNAL: Jurnal Ilmiah Bidang Sosial, Ekonomi, Budaya, Teknologi, Dan Pendidikan Vol. 4 No. 8 (2025)
Publisher : Penerbit Lafadz Jaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/sibatik.v4i8.3173

Abstract

Determination of gender reassignment by a panel of judges in Indonesia is one of the relevant legal issues in the context of protecting human rights and gender identity diversity. This study aims to analyze the positive legal aspects underlying the determination process, including applicable regulations, practices in the field, and challenges faced in its implementation. A normative legal approach is used to examine related regulations, such as the Criminal Procedure Code, the Law on Religious Courts, and relevant court decisions. The results of the study show that although Indonesia has normatively adopted the concept of protecting gender identity diversity, in practice it faces various obstacles, such as unclear laws, complicated procedures, and a lack of clarity of standards that impact the treatment of transgender individuals. In addition, there is still a mismatch between the principles of human rights protection and the applicable legal process. This study concludes that it is necessary to revise regulations and increase the capacity of judges and other judicial officials so that the process of determining gender reassignment is fairer, more humane, and in accordance with developments in international human rights. Recommendations submitted include the need for harmonization of regulations and strengthening the protection of transgender rights in the Indonesian national legal system.
Pertanggungjawaban Hukum Nadzir Yayasan ZIS Al-Ikhlas dalam Pengelolaan dan Pengembangan Harta Wakaf Berdasarkan UU No. 41 Tahun 2004 Najla, Elsa; Maharany Barus, Utary; Aprilyana Sembiring, Idha
JOM Vol 6 No 3 (2025): Indonesian Journal of Humanities and Social Sciences, September
Publisher : Universitas Islam Tribakti Lirboyo Kediri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33367/ijhass.v6i3.8095

Abstract

Waqf holds an important position in Islam, both as an act of worship with spiritual value and as a socio-economic instrument to support community welfare. However, the practice of waqf management in Indonesia still faces serious obstacles, including the economic limitations of the community, low legal literacy, and the weak capacity of nazhir in developing waqf assets. This condition demands institutional strengthening and legal certainty so that waqf management can be carried out in accordance with Islamic law and Law Number 41 of 2004 on Waqf. This study aims to analyze the legal responsibility of Yayasan ZIS Al-Ikhlas as a nazhir in the management and development of waqf assets, assess its compliance with statutory regulations, and identify the challenges encountered in practice. The research method applied is normative legal research with statutory and conceptual approaches, supported by empirical data obtained through interviews with foundation administrators and related parties. The data were analyzed qualitatively by emphasizing the correlation between legal norms and field implementation. The findings indicate that legal certainty is a crucial aspect in the implementation of waqf to guarantee the protection of all parties’ rights. The role of notaries in drafting the Waqf Pledge Deed (Akta Ikrar Wakaf/AIW) is proven to be highly significant in strengthening waqf legality, as emphasized in Government Regulation Number 42 of 2006. Nevertheless, Yayasan ZIS Al-Ikhlas still faces limitations in asset development planning, managerial transparency, and nazhir resources. Theoretically, this study affirms that nazhir’s legal responsibility not only covers administrative compliance with regulations but also encompasses public and managerial accountability. These findings contribute to the development of waqf legal studies in Indonesia by stressing the importance of professionalizing nazhir, building synergy with legal authorities, and innovating management practices to make waqf more productive and sustainable in supporting community welfare.
CANCELLATION OF MARRIAGE DUE TO FRAUD RELATED TO DEVIANT SEXUAL ORIENTATION AS REFERRED TO IN THE COMPILATION OF ISLAMIC LAW AND MARRIAGE LAW (DECISION NUMBER 1521/PDT.G/2025/PA.TGRS) Br Lubis, Putri Giofani; Aprilyana Sembiring, Idha; Maharany Barus, Utary
NOMOI Law Review Vol 6, No 2 (2025): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v6i2.27207

Abstract

Marriage is carried out with the aim of building a lasting and harmonious relationship in accordance with applicable laws and religious norms. However, in its development, many marriages have been annulled due to deception by one of the partners regarding their sexual orientation. In principle, Indonesian positive law has regulated the annulment of marriage in Article 27 of the Marriage Law and Article 72 of the Compilation of Islamic Law. An annulment request can be submitted if one of the parties feels confused or has experienced an error regarding the identity of the partner. This research is a normative juridical research with a statutory approach (statute approach), a case approach (case approach) and a conceptual approach (conceptual approach). The results of the study indicate that the judge's consideration of the arguments submitted by the applicant is in accordance with statutory regulations. In the Islamic perspective, an annulment of marriage caused by the inequalities of the partners in fulfilling the requirements and pillars of marriage will be considered invalid; however, a marriage annulled due to deviation remains valid under positive law, according to Article 2 Paragraphs (1) and (2). However, deviation can also be grounds for divorce.
Co-Authors Br Lubis, Putri Giofani Laila Fairuz Matondang, Nindi Maharany Barus, Utary Najla, Elsa Rosnidar Sembiring