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All Journal Bulletin of Community Engagement Jurnal Ilmiah Nusantara
Ahmad 'Ubaydi Hasbillah
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Religion Arts Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Social Sciences Other

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IMPLIKASI HUKUM TERHADAP ANAK HASIL PERKAWINAN MUT’AH : PERSPEKTIF HUKUM ISLAM DAN HUKUM POSITIF DI INDONESIA Muhamad Rizki Aditya; Ahmad 'Ubaydi Hasbillah
JURNAL ILMIAH NUSANTARA Vol. 2 No. 4 (2025): Jurnal Ilmiah Nusantara Juli
Publisher : CV. KAMPUS AKADEMIK PUBLISING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61722/jinu.v2i4.5824

Abstract

This study aims to examine and analyze the legal status of children born from mut'ah marriages according to the perspective of Islamic law and positive law in Indonesia. Mut'ah marriage is a form of marriage with a certain period of time which in the majority of views of scholars and law in Indonesia is considered invalid. Problems arise when children are born from this relationship, thus giving rise to various legal implications, especially in terms of lineage status, civil rights, and child protection. The research method used is normative law with a statutory approach. The data sources used include primary and secondary legal literature, such as the Qur'an, Hadith, Marriage Law, Compilation of Islamic Law, and Child Protection Law. The results of the study indicate that in Islamic law, children from mut'ah marriages are generally not recognized as legitimate children who have a lineage relationship with their father, except according to the Shia school of thought. Meanwhile, in positive law in Indonesia, children born outside of marriage only have a civil relationship with their mother and their mother's family, as regulated in Article 43 of the Marriage Law. However, the Child Protection Law still emphasizes that every child has the right to receive protection and fulfillment of their rights without discrimination. Therefore, even though the parents' marital status is invalid, the child's rights must still be fulfilled for the sake of justice and humanity
Digital Land Certificates and Legal Objectives: An Empirical Study of Justice, Certainty, and Utility in Indonesia Norma Fitria; Trinah Asi Islami; Muhammad Dzikirullah H. Noho; Ahmad Faruq; Ita Rahmania Kusumawati; Ahmad 'Ubaydi Hasbillah; M. Fahrudin Andriyansyah
Bulletin of Community Engagement Vol. 6 No. 1 (2026): Bulletin of Community Engagement
Publisher : CV. Creative Tugu Pena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51278/bce.v6i1.2514

Abstract

  Land ownership in Indonesia faces persistent challenges including disputes, overlapping claims, and document forgery, prompting the government to implement electronic land certificates through Ministerial Regulation ATR/BPN No. 3/2023 as a digitalization strategy to enhance legal certainty and administrative efficiency. This empirical juridical study examines the implementation of electronic land certificates in Jombang Regency and evaluates their contribution to achieving the legal objectives of justice, legal certainty, and utility (maslahah mursalah) using in-depth interviews, direct observation, and document analysis analyzed through Gustav Radbruch's legal objectives theory. The findings reveal that implementation operates through two mechanisms—new land title registration (12-19 days) and media transfer conversion (2-3 hours)—with substantial legal certainty achieved through centralized database architecture evidenced by zero reported land mafia cases; however, justice and utility objectives were unevenly realized, as demonstrated by urban-rural satisfaction gaps (4.1/5.0 versus 3.4/5.0), infrastructure constraints in remote sub-districts, and digital literacy barriers requiring intensive officer assistance for 55% of rural applicants. The study concludes that electronic certificates demonstrate conditional success in achieving legal objectives, with efficiency and security gains accompanied by "regressive utility" effects that advantage privileged populations, necessitating targeted infrastructure investment, sustained human resource development, and hybrid service models to prevent technology-enabled exclusion and realize the transformative potential of land administration digitalization.
Co-Authors Ahmad Faruq Ita Rahmania Kusumawati M. Fahrudin Andriyansyah Muhamad Rizki Aditya Muhammad Dzikirullah H. Noho Norma Fitria Trinah Asi Islami