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All Journal Jurnal CENDIKIA ISNU Jurnal Sahabat ISNU SU Jurnal Cendikia ISNU SU
Ahmad Nizar Mohammad Syamwil
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Religion Arts Humanities Law, Crime, Criminology & Criminal Justice

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Hiding the Origins of Adopted Children Ahmad Nizar Mohammad Syamwil; Maulidya Mora Matondang; Ramadhan Syahmedi Siregar; Akmaluddin Syahputra
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1247

Abstract

Concealing the ancestry of adopted children is a legal issue with serious implications, both from a criminal law and Islamic law perspective. This practice not only has the potential to violate statutory provisions but also contradicts the principle of clarity of lineage, which is highly respected in Islamic teachings. This study aims to analyze the legal status and consequences of concealing the ancestry of adopted children from the perspective of Indonesian criminal law and Islamic law. The research method used is normative legal research with a statutory and conceptual approach, through a review of laws and regulations, the Compilation of Islamic Law, and relevant legal literature. The results show that under Indonesian criminal law, concealing the ancestry of adopted children can be classified as a criminal offense, either as embezzlement of ancestry, false recognition of a child, or adoption that does not comply with legal procedures, which has implications for criminal sanctions. Meanwhile, from an Islamic legal perspective, concealing the ancestry of adopted children is a prohibited act because it damages the clarity of lineage, which impacts aspects of guardianship, inheritance, and the legal status of the child. Islam emphasizes that adoption is permitted only for foster care (kafalah), without changing the child's identity or lineage. Therefore, both criminal law and Islamic law emphasize the importance of transparency and honesty in adoption to protect children's rights and maintain legal order.
Mandatory Wills as a Legal Instrument in Resolving Interfaith Inheritance in Indonesia Ahmad Nizar Mohammad Syamwil; Muhibbussabry; Akmaluddin Syaputra; Ramadhan Syahmedi Siregar
Jurnal Sahabat ISNU SU Vol. 3 No. 1 (2026): ISNU Sahabat Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jsisnu.v3i1.1258

Abstract

The issue of interfaith inheritance is a classic issue in Islamic law that continues to generate debate, especially in multicultural societies like Indonesia. In classical fiqh, religious differences are positioned as a barrier to inheritance (māni' al-irth), so that Muslims and non-Muslims cannot inherit from each other. However, social reality shows the existence of strong family ties despite differences in faith, which demands the presence of a just and welfare-oriented legal solution. This article aims to analyze the determination of the distribution of inheritance to heirs who wear the hijab due to religious differences through the mechanism of mandatory wills from the perspective of Islamic law and Indonesian national law. This study uses a normative legal research method with a conceptual, legislative, and jurisprudential approach. The results of the study indicate that although Islamic inheritance law normatively rejects interfaith inheritance, the concept of mandatory wills can function as a legal instrument that bridges the gap between sharia provisions and demands for social justice. The application of mandatory wills for heirs of different religions, as developed in the Supreme Court decision, reflects contextual ijtihad which is based on the principles of maqāṣid al-syarī'ah, especially justice (al-'adl) and benefit (al-maṣlaḥah). Thus, obligatory wills become a legal and relevant juridical alternative in addressing the problem of inheritance between different religions in Indonesia.
Corporations Before Arbitral Awards: Between Contractual Autonomy and State Intervention Ahmad Nizar Mohammad Syamwil; Nur Hafizah Husna; Siti Kholizah; Irpan Mauliandi Damanik; Rahmad Fauzi Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1306

Abstract

The increasing complexity of corporate business activities has intensified the potential for commercial disputes, thereby necessitating effective, efficient, and legally certain dispute resolution mechanisms. Arbitration has emerged as a preferred alternative for corporations due to its flexibility, confidentiality, and reliance on contractual autonomy. This study examines the legal status of corporations as subjects of law in arbitration, the scope of contractual autonomy in determining arbitral mechanisms, and the limits of state intervention through courts in Indonesia. Employing a normative legal research method with statutory and conceptual approaches, the research analyzes Law Number 30 of 1999 and relevant legal doctrines through systematic stages of issue identification, legal material collection, normative analysis, and conclusion formulation. The findings indicate that corporations possess full legal capacity to bind themselves to arbitration agreements and are obligated to comply with final and binding arbitral awards. Judicial intervention is strictly limited to procedural aspects of recognition, enforcement, and annulment, thereby preserving arbitral finality while ensuring legal certainty.
Corporations Before Arbitral Awards: Between Contractual Autonomy and State Intervention Ahmad Nizar Mohammad Syamwil; Nur Hafizah Husna; Siti Kholizah; Irpan Mauliandi Damanik; Rahmad Fauzi Hasibuan
Jurnal Cendikia ISNU SU Vol. 3 No. 1 (2026): ISNU Cendikia Januari
Publisher : ISNU Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.70826/jcisnu.v3i1.1306

Abstract

The increasing complexity of corporate business activities has intensified the potential for commercial disputes, thereby necessitating effective, efficient, and legally certain dispute resolution mechanisms. Arbitration has emerged as a preferred alternative for corporations due to its flexibility, confidentiality, and reliance on contractual autonomy. This study examines the legal status of corporations as subjects of law in arbitration, the scope of contractual autonomy in determining arbitral mechanisms, and the limits of state intervention through courts in Indonesia. Employing a normative legal research method with statutory and conceptual approaches, the research analyzes Law Number 30 of 1999 and relevant legal doctrines through systematic stages of issue identification, legal material collection, normative analysis, and conclusion formulation. The findings indicate that corporations possess full legal capacity to bind themselves to arbitration agreements and are obligated to comply with final and binding arbitral awards. Judicial intervention is strictly limited to procedural aspects of recognition, enforcement, and annulment, thereby preserving arbitral finality while ensuring legal certainty.
Co-Authors Akmaluddin Syahputra Akmaluddin Syaputra Irpan Mauliandi Damanik Matondang, Maulidya Mora Muhibbussabry Nur Hafizah Husna Rahmad Fauzi Hasibuan Ramadhan Syahmedi Siregar Siti Kholizah