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All Journal SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL Multidiciplinary Output Research for Actual and International Issue (Morfai Journal)
Nofi Sri Utami
Universitas Islam Malang, Indonesia
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PROTECTION OF LINEAGE (HIFZ AL-NASL) IN DETERMINING THE LEGAL PARENTAGE OF CHILDREN BORN OUT OF WEDLOCK: A NORMATIVE ANALYSIS AND JUDICIAL PRACTICE OF THE PRINGSEWU RELIGIOUS COURT Muhammad Aqwam Thariq; Moh. Muhibbin; Nofi Sri Utami
SOSIOEDUKASI Vol 15 No 1 (2026): SOSIOEDUKASI : JURNAL ILMIAH ILMU PENDIDIKAN DAN SOSIAL
Publisher : Fakultas Keguruan Dan Ilmu Pendidikan Universaitas PGRI Banyuwangi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36526/sosioedukasi.v15i1.7329

Abstract

Focused on the Islamic principle of hifz al-nasl, this study has a dual aim: first, to analyze the framework for establishing the legal parentage of children born out of wedlock, and second, to scrutinize related judicial practices at the Pringsewu Religious Court. The research applies a normative juridical method, utilizing statutory, conceptual, and case study approaches to examine laws, the Compilation of Islamic Law, and court decisions. Analysis is conducted through grammatical and systematic interpretation. According to the study, judicial practice at the Pringsewu Religious Court involves two distinct methods for establishing parental lineage. The first, a normative-preventive method, ties the child's legal status directly to the lawful nature of the parents' marriage, effectively preventing children born from invalid unions from being recognized as legitimate. In contrast, the normative–progressive approach grants legal protection by affirming the child’s biological parentage, ensuring legal certainty, identity, and safeguarding the child’s rights. This practice is concretely reflected in Case Number 57/Pdt.P/2024/PA.Prw and Case Number 28/Pdt.P/2025/PA.Prw, and demonstrates the court's effort to balance the enforcement of Islamic family law norms with child protection in accordance with the principles of maqasid shariah, specifically ḥifẓ al-nasl.
CRIMINAL SANCTIONS OF IMPOVERISHMENT AGAINST CORRUPTORS IN THE ERADICATION OF CORRUPTION CRIMES IN INDONESIA Mukhammad Ardiansyah Tri Saputra; Abdul Rokhim; Nofi Sri Utami
Multidiciplinary Output Research For Actual and International Issue (MORFAI) Vol. 6 No. 4 (2026): Multidiciplinary Output Research For Actual and International Issue
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21065069

Abstract

This research is motivated by the fact that criminal sanctions given to perpetrators of corruption do not provide any deterrent effect at all, instead causing the number of corruption cases in Indonesia to increase. So it is necessary to make a new breakthrough in criminal sanctions against corruptors, namely in the form of impoverishment. The formulation of the problem in this research is how are the regulations and concepts of criminal sanctions for impoverishment against corruptors in eradicating criminal acts of corruption in Indonesia? The research method used is normative juridical with a conceptual approach method and a legislative approach. The prevailing laws and regulations, especially the Corruption Law, do not yet contain explicit provisions that regulate impoverishment as a form of criminal punishment. Therefore, legal reform is needed by adding articles on impoverishment in the Corruption Law by grouping them based on the amount of state losses and the proportional distribution of assets. This is done because the Criminal Asset Confiscation Bill does not specifically regulate corruption, but rather several criminal acts. Impoverishment of corruptors is not enough just by confiscating assets from the proceeds of crime, but also needs to include complete confiscation of assets and restrictions on the rights and social dignity of perpetrators of corruption. The impoverishment mechanism for corruptors can be seen in the Criminal Asset Confiscation Bill, namely by confiscating assets without waiting for a criminal verdict, which allows the state to confiscate and take back assets from the proceeds of crime in certain situations such as the perpetrator being a fugitive, deceased, unknown, or unable to be prosecuted.
Co-Authors Abdul Rokhim Moh. Muhibbin Muhammad Aqwam Thariq Mukhammad Ardiansyah Tri Saputra