Article Per Year (5 Year)
p-Index From 2020 - 2025
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All Journal Al-'Adalah Ascarya: Journal of Islamic Science, Culture and Social Studies
Fuad, Helmy Ziaul
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Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Criminalization of Unregistered Marriage in Indonesia: A Legal System Analysis Based on Friedman's Theory Rosyadi, Imron; Fuad, Helmy Ziaul; Zaimuddin, Ashlaha Baladina
al-'adalah Vol 22 No 1 (2025): Al-'Adalah
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/adalah.v221.22779

Abstract

This article examines the criminal provisions stipulated in Chapter IX, Article 45 of Government Regulation No. 9 of 1975, concerning the Implementation of Law No. 1 of 1974 on Marriage, using the three elements of Lawrence M. Friedman's legal system: Legal Substance, Legal Structure, and Legal Culture. The research method combines a literature review with descriptive normative legal research. This study identifies the high rate of unregistered marriages in Indonesia, which contrasts with the decline in official marriages, reflecting the ineffectiveness of Article 45 of Government Regulation No. 9 of 1975 in enforcing criminal sanctions. Analysis of the Lawrence Legal System reveals that the substance of the law is flawed because criminalization is regulated through derivative regulations, contrary to the principle of nullum crimen sine lege. Institutionally, the Office of Religious Affairs (KUA) and the Civil Registry Office need to strengthen their functions, supported by consistent law enforcement by professional officials. Meanwhile, the low public awareness of marriage registration requires inclusive policies that integrate cultural approaches and context-based education. These findings contribute theoretically to the development of understanding regarding the effectiveness of criminal law enforcement in the context of marriage law while also suggesting the need for more decisive and comprehensive policy reforms to improve the implementation of the law and public legal awareness in practice
Application of Contra Legem Principles in Judicial Rulings on Joint Property Characteristics Fuad, Helmy Ziaul; Luth, Tohir; Hamidah, Siti; Sulistyarini, Rachmi
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 3 No. 2 (2023)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/iscs.v3i2.638

Abstract

This article examines the nuanced application of the contra legem principle by judicial panels in the adjudication of community property cases, particularly in the context of marital property. It highlights the evolving legal landscape and the importance of equitable distribution in contemporary law, underscoring the need to understand judicial reasoning in an era increasingly focused on fairness and gender equality. The study closely examines cases from religious courts, highlighting a trend in which judges have awarded a disproportionate share of community property to wives. This observation raises important questions about the balance between legal norms and the pursuit of equity in family law, and provides a critical lens through which to explore the dynamics of asset distribution and its broader implications in current legal frameworks. The research aims not only to outline judges' distribution formulas, but also to offer insights into why such decisions are increasingly relevant in today's legal discourse, marking a significant shift toward recognizing the complexities of marital property division. This study uses qualitative research methods with a legal descriptive analysis approach. A thorough legal source is case number 413/Pdt.G/2021/PA.Tng and a number of other legal materials related to the author's research topic. The results of the study show that the panel of judges applied the contra legem principle in deciding this matter based on sociological considerations and distributive justice.
Co-Authors Imron Rosyadi Luth, Tohir Rachmi Sulistyarini Siti Hamidah Zaimuddin, Ashlaha Baladina