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All Journal Custodia: Journal of Legal, Political, and Humanistic Inquiry Jurnal Begawan Hukum
Hasna Zahra Wahyuni
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Law, Crime, Criminology & Criminal Justice

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Kedudukan Anak Lahir dari Teknologi Uterus Buatan dalam Perspektif Hukum Keluarga Islam di Indonesia Hafiz Gilman Abdul Aziz; Uswatun Hasanah; Ghulam Ahmad Surya Negara; Argiya Athala Putri; Hasna Zahra Wahyuni; Abdul Rafi Ardiyanto
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/cy16na61

Abstract

The development of artificial womb technology raises complex legal questions regarding the status of children born through such technology within the framework of Islamic family law in Indonesia. This study aims to analyze the legal position of children born from artificial womb technology by examining normative Islamic legal principles, national regulations, and contemporary legal interpretations. Employing a normative juridical approach, this research reviews statutory provisions, including the Compilation of Islamic Law, marriage law, and relevant constitutional court decisions, alongside scholarly works on Islamic bioethics and maqāṣid al-sharī‘ah. The findings indicate that although Indonesian law has not explicitly regulated artificial womb technology, children born through this method may obtain full legal recognition provided that genetic lineage and lawful parental intent can be clearly established. The application of maqāṣid al-sharī‘ah, particularly the protection of lineage, dignity, and property, supports the recognition of civil rights, inheritance rights, and parental responsibilities toward such children. This study concludes that legal reform is necessary to ensure legal certainty and child protection in response to advances in reproductive technology, while maintaining harmony between scientific progress and Islamic legal values.
Hukum Perkawinan dalam Masyarakat Hukum Adat Indonesia Hasna Zahra Wahyuni; Rafli Ramdan; Husnaini Amiroh; Humaeroh Humaeroh
Jurnal Begawan Hukum (JBH) Vol. 4 No. 1 (2026): April:Jurnal Begawan Hukum (JBH)
Publisher : Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/jbh.v4i1.162

Abstract

This article examines marriage law within Indonesian customary law communities and its interaction with national legal regulations. In customary societies, marriage is not merely a personal bond between a man and a woman, but a social institution involving extended families and the wider community. The study aims to describe the various forms of customary marriage, the requirements for its validity, and the procedures for legalization, including the recognition of marriages among adherents of indigenous belief systems. This research employs a normative juridical approach using statutory and conceptual analysis based on relevant legal provisions and customary practices. The findings show that customary marriage systems in Indonesia are strongly influenced by kinship structures such as patrilineal, matrilineal, and parental systems, resulting in diverse forms including bridewealth marriage, semenda marriage, independent marriage, mixed marriage, and elopement. The validity of marriage in customary law is closely connected to religious or belief-based rituals and community acknowledgment. Furthermore, developments in national law, particularly Law Number 1 of 1974 on Marriage and Constitutional Court Decision Number 97/PUU-XIV/2016, have strengthened legal recognition for followers of indigenous beliefs in marriage registration. The study concludes that customary marriage law remains relevant and continues to coexist with national law, reflecting Indonesia’s legal pluralism and cultural diversity.
Co-Authors Abdul Rafi Ardiyanto Argiya Athala Putri Ghulam Ahmad Surya Negara Hafiz Gilman Abdul Aziz Humaeroh Humaeroh Husnaini Amiroh Rafli Ramdan USWATUN HASANAH