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All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Sahabat ISNU SU
Sophia Harahap
Universitas Islam Negeri Sumatera Utara
Religion Humanities Law, Crime, Criminology & Criminal Justice

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Borrowing and Lending Agreements in the Civil Code and Islamic Economics Nurul Yusro Sirait; Salwa Amelia Syafira; Sophia Harahap; Dewi Alesia Fitri
Jurnal Sahabat ISNU SU Vol. 2 No. 2 (2025): ISNU Sahabat September 2025
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v2i2.829

Abstract

Borrowing and lending agreements are important legal instruments in socio-economic life. Agreements in the Civil Code are regulated in Book III concerning obligations. The definition of the limits of an agreement is regulated in Article 1313 of the Civil Code which states that; An agreement is an act by which one or more people bind themselves to one or more other people. In general, a person is declared negligent or in default because they do not fulfill the performance at all, the performance is not perfect, is late in fulfilling the performance and does what is prohibited in the agreement. This study aims to analyze the comparison between borrowing and lending agreements in the Civil Code (KUHPerdata) and the Sharia Economic Law Code (KHES). The research method uses comparative analysis. The results of the study show significant differences in rights and obligations, time periods, and legal recognition. This study contributes to the understanding of Sharia economic law and the Civil Code.
Legal Protection and the Implementation of Rights of Pregnant Women in Detention: A Case Study of the Class IIA Women’s Correctional Facility in Medan, Indonesia Sophia Harahap; Rasina Padeni Nasution
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.11266

Abstract

This study investigates the legal protection and implementation of rights for pregnant women in detention at the Class IIA Women’s Correctional Facility in Medan, Indonesia. Although Indonesian correctional law and human rights instruments provide normative guarantees, their realization is constrained by structural and institutional challenges. Using an empirical juridical approach and qualitative case study design, data were collected through semi-structured interviews with key prison staff, direct observation, and analysis of relevant legal and policy documents, including the Directorate General of Corrections’ Basic Health Service Standards. Findings indicate that while basic healthcare, medical referrals, nutritional support, and partial psychosocial services are available, their effectiveness is limited by the absence of obstetric specialists, lack of dedicated housing for pregnant detainees, budget constraints, and insufficient continuous psychosocial support. This highlights a gap between formal legal guarantees and substantive protection, demonstrating that formal equality alone cannot address the differentiated needs of pregnant detainees. Policy recommendations include measurable operational standards, intersectoral integration with local healthcare services, gender- and human rights-based staff training, and performance-oriented evaluation. The study contributes to socio-legal scholarship by emphasizing that effective protection of vulnerable groups depends on both normative frameworks and institutional capacity oriented toward human-centered justice.
Co-Authors Dewi Alesia Fitri Nurul Yusro Sirait Rasina Padeni Nasution Salwa Amelia Syafira