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All Journal Recital Review Jurnal Hukum Legalita Contemporary Journal on Business and Accounting Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia
Ummah, Maela Khoirul
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Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Beyond 50:50 of Matrimonial Asset: Applying the Contra Legem Principle in Marital Property Division in Indonesia Tanjung, Afriansyah; Lubsi Tuqo Romadhan, Moh.; Khoirul Ummah, Maela
Recital Review Vol. 7 No. 1 (2025): Volume 7 Nomor 1 Januari 2025
Publisher : Magister Kenotariatan, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/rr.v7i1.43606

Abstract

This paper investigates the legal and ethical implications of deviating from the equal (50:50) distribution of marital property in Indonesian divorce cases, particularly when one spouse acts in bad faith. While Indonesian law—namely Article 35 of the Marriage Law and Article 97 of the Compilation of Islamic Law—generally upholds equal division of joint property, this study highlights how courts may apply the contra legem principle to achieve substantive justice. Using a normative legal method, the research examines regulations and judicial discretion in reallocating marital assets when faced with evidence of misconduct, unequal contributions, or financial manipulation. The study draws from comparative legal systems and landmark court decisions to illustrate how contra legem serves not as a defiance of law, but as a mechanism to protect vulnerable spouses and promote fairness. It concludes that flexible, contribution-based distribution, supported by judicial transparency and evidentiary standards, better reflects the realities of modern marriages and ensures just outcomes within Indonesia’s dual legal framework.
Hak Pendidikan bagi Pekerja Migran dalam Dinamika Globalisasi: Analisis Hukum Internasional dan Realitas Sosial Afriansyah Tanjung; Dinda Riskanita; Maela Khoirul Ummah; Moh. Lubsi Tuqo Romadhan
Prosiding Seminar Hukum Aktual Fakultas Hukum Universitas Islam Indonesia Vol. 3 No. 6 NOVEMBER 2025
Publisher : Fakultas Hukum Universitas Islam Indonesia

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Abstract

This study examines the rights to freedom of association and education for Indonesian migrant workers (PMI) within international and domestic (Hong Kong and Indonesia) legal frameworks. The research questions focus on how legal norms regulate these rights and the structural, cultural, and legal barriers faced by PMI. An empirical legal approach combines legislative analysis (UDHR Article 26, ICESCR Articles 13-14, ICMW Article 43, and Hong Kong local regulations) with a case study of PMI experiences. Primary data were collected from interviews with PMI, diaspora communities, and NGOs, while secondary data came from legal documents and reports. Descriptive qualitative analysis reveals that, despite international norms guaranteeing education rights, PMI face exploitation, long working hours, and limited employer support, restricting access. The Open University program offers opportunities, but success depends on individual initiative and community support. Collaboration between governments and NGOs is essential for inclusive education access.
Indonesia Sovereign Wealth Fund and Accountability State Wealth Management: The Relevance of External Audit by the Office Public Accountant or Constitutional Audit by the State-Audit Board Tanjung, Afriansyah; Thahira, Agniya; Ummah, Maela Khoirul
Contemporary Journal on Business and Accounting Vol 5 No 2 (2025): Contemporary Journal on Business and Accounting (CjBA)
Publisher : Institut Transparansi dan Akuntabilitas Publik (INSPIRING)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58792/cjba.v5i2.82

Abstract

Purpose – This study explores the accountability framework of Indonesia’s Sovereign Wealth Fund (SWF), known as the Lembaga Pengelola Investasi (LPI) or Indonesia Investment Authority (INA), focusing on the legal and institutional mechanisms that ensure its transparent and professional operation. Design/methodology/approach – The research addresses concerns over the management of public wealth derived from the state budget and other state assets, emphasizing the relevance of dual oversight by the Audit Board of Indonesia (BPK) and Public Accounting Firms (KAP). Using a qualitative, library-based research methodology with conceptual and statute-based approaches, the study draws on legal statutes, academic literature, and international case studies—particularly Norway’s GPFG and Singapore’s Temasek Holdings. Findings – The Findings highlight that dual-audit mechanisms are both constitutionally mandated and functionally complementary: BPK ensures public accountability and legal compliance, while KAP provides internationally credible financial assurance to investors. Originality – The study identifies governance risks drawn from past corruption in State-Owned Enterprises (BUMN) and proposes a dual-audit framework as a safeguard against similar failures. It contributes to the legal and public finance discourse by providing a normative and empirical justification for multi-layered oversight in managing Indonesia’s strategic public investments. Keywords: INA, BPK, Public Accounting Firms, Dual-Audit Mechanism. Paper Type Research Result
Penyelesaian Sengketa Jasa Konstruksi Melalui Jalur Non-Litigasi Ummah, Maela Khoirul; Afriansyah Tanjung; Moh. Lubsi Tuqo Romadhan
Legalita Vol 7 No 2 (2025): Jurnal Hukum Legalita
Publisher : Universitas Muhammadiyah Kotabumi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47637/legalita.v7i2.2083

Abstract

This study examines the mechanisms for resolving construction service disputes through non-litigation channels as an alternative to court proceedings. The focus of the study is on out-of-court settlements that offer a voluntary, informal, cost-effective, and time-efficient approach, making them the preferred choice for disputing parties. The research questions include: first, what are the mechanisms and procedures for resolving construction service disputes through non-litigation channels; second, what are the comparative advantages of non-litigation dispute resolution compared to the court process. This study uses a normative juridical method, relying on secondary data as the primary source, analyzed descriptively and analytically through an approach based on relevant laws and regulations in the construction services sector. The results of the study show that non-litigation channels are highly preferred among construction industry players due to the significant advantages they offer. These advantages include: a fast and efficient resolution process that does not hinder construction projects; confidentiality guarantees that protect the parties' reputations; the appointment of mediators or arbitrators with integrity and technical expertise in construction; as well as the potential to achieve a win-win solution that maintains long-term business relationships among the parties. These findings confirm that non-litigation mechanisms such as negotiation, mediation, conciliation, and arbitration provide practical added value in resolving construction disputes compared to conventional litigation processes, which tend to be time-consuming, costly, and adversarial.
Co-Authors Afriansyah Tanjung Dinda Riskanita Lubsi Tuqo Romadhan, Moh. Moh. Lubsi Tuqo Romadhan Tanjung, Afriansyah Thahira, Agniya