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Sulung Najmawati Zakiyya
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Mitsaq : Islamic Family Law Journal
Published by Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda
ISSN : 29860644     EISSN : 29860644     DOI : https://doi.org/10.21093/jm
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mitsaq: Jurnal Hukum Keluarga Islam merupakan terbitan berkala ilmiah yang diterbitkan oleh Fakultas Syariah Universitas Islam Negeri Sultan Aji Muhammad Idris Samarinda. Jurnal Mitsaq fokus pada kajian munakahat, fiqih ilmu ushuliyah dalam bidang hukum astronomi Islam, hukum perkawinan Islam dan gender yurisprudensi keluarga.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 59 Documents
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EROSI KEDAULATAN DATA INDONESIA DALAM KAPITALISME DIGITAL GLOBAL: REKONSTRUKSI HUKUM TELEMATIKA Dion Ario; Swandi Aliverchan Situngkir; Ricky Indawan Safutra; Demitha Selvira Amellia; Rahmatullah Ayu Hasmiati
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/80zcd374

Abstract

This study examines the erosion of Indonesia’s data sovereignty within the structure of global digital capitalism and its implications for the reconstruction of telematics law. The issue is significant because the rapid expansion of transnational digital platforms has generated a structural imbalance between the State’s formal regulatory authority and its substantive control over data governance, thereby challenging Indonesia’s digital sovereignty and legal capacity in governing cyberspace. This study aims to analyze the structural factors contributing to the erosion of Indonesia’s data sovereignty and to formulate an adaptive reconstruction model of telematics law capable of responding to the dynamics of global digital capitalism. This research employs doctrinal legal research using statutory and conceptual approaches. The findings reveal a structural paradox: although Indonesia has strengthened its legal framework through data protection and digital governance regulations, substantive control over data flows, digital infrastructure, and algorithmic governance remains largely concentrated in transnational digital platforms. This paradox constitutes the principal finding and scientific contribution of the study, demonstrating that data sovereignty should be understood not merely as territorial legal authority but as a relational form of power within the architecture of platform capitalism. The novelty of this research lies in the formulation of an adaptive telematics law reconstruction model founded upon three interconnected principles: the expansion of digital jurisdiction, the strengthening of national digital infrastructure sovereignty, and enhanced platform accountability. Accordingly, this study concludes that strengthening Indonesia’s data sovereignty requires a shift from a regulatory-oriented approach toward a governance model capable of addressing structural asymmetries in the global digital ecosystem. Future research is encouraged to examine the operational effectiveness of this reconstruction model through comparative and empirical studies across different jurisdictions.
PERTIMBANGAN HAKIM TERHADAP HAK WARIS ANAK LUAR KAWIN ANALISIS TERHADAP PUTUSAN MAHKAMAH AGUNG NOMOR 784 K/PDT/2014 Raudatul Jannah; Agung Nasir; Muhammad Faisal
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/z3jz3548

Abstract

Children born out of wedlock often face discrimination regarding their civil rights, particularly concerning inheritance rights. This study aims to analyze the judges' legal reasoning and the legal standing of a child born out of wedlock as a substitute heir (plaatsvervulling) under Indonesian written civil law, focusing on Supreme Court Decision Number 784 K/Pdt/2014. The research employs a normative juridical method utilizing both case and statutory approaches. Secondary data derived from primary, secondary, and tertiary legal sources were used and analyzed qualitatively. The findings indicate that Supreme Court Decision No. 784K/Pdt/2014 was correct and properly applied the law by providing legal protection for the inheritance share of a child born out of wedlock. The Supreme Court expanded the interpretation of civil relationships under Article 43 paragraph (1) of Law No. 1 of 1974 concerning Marriage, following Constitutional Court Decision No. 46/PUU- VIII/2010. Through this ruling, a legally acknowledged child born out of wedlock is recognized as having a strong civil relationship not only with their mother but also as possessing the right to claim an inheritance—via the substitute heir (plaatsvervulling) mechanism—from their mother's family estate, in accordance with the provisions of the Indonesian Civil Code (KUHPerdata). This decision successfully provides legal certainty and minimizes the infringement of the inheritance rights of children born out of wedlock by other heirs.
CYBER ABUSE SEBAGAI MANIFESTASI KDRT PSIKIS : KAJIAN HUKUM POSITIF DAN HUKUM ISLAM Risna Fauziah
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/hamy1y31

Abstract

The development of digital technology has significantly transformed household life, including the emergence of various forms of technology-based violence or cyber abuse. Cyber abuse in domestic relationships refers to acts of control, intimidation, humiliation, threats, excessive surveillance, and the dissemination of personal information through digital media carried out by spouses or other family members. This study employs a normative juridical approach with library research methods to examine cyber abuse as a form of psychological domestic violence based on Indonesian positive law and Islamic law perspectives. The results indicate that cyber abuse has serious impacts on victims’ mental health, including anxiety, depression, fear, loss of security, and prolonged psychological distress. Under Indonesian law, cyber abuse can be categorized as psychological violence as regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence and is also related to the provisions of the Electronic Information and Transactions Law. From the perspective of Islamic law, such actions contradict the principles of mu’asyarah bil ma’ruf, protection of human dignity, and the prohibition against harming others physically or psychologically. Therefore, increasing public awareness, strengthening legal protection, and improving digital literacy are necessary to prevent cyber abuse within households.
KEDUDUKAN ASET DIGITAL (CRYPTOCURRENCY DAN NFT) SEBAGAI OBJEK HARTA BERSAMA DALAM SENGKETA PERCERAIAN DI PENGADILAN AGAMA: Analisis Fikih Muamalah dan Kompilasi Hukum Islam (KHI) Roszi Krissandi
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/7fptx173

Abstract

This study examines the legal standing of cryptocurrency and Non-Fungible Tokens (NFTs) as joint property (harta bersama) in divorce disputes within the Religious Courts by analyzing Indonesian court decisions, comparative jurisprudence (the United States, the United Kingdom, Singapore, and South Korea), and the transition of crypto-asset supervision to the Financial Services Authority (OJK) under the P2SK Law. Employing a normative legal method with statutory, conceptual, case, and comparative approaches, this research yields three main findings. First, digital assets are recognized as māl in fiqh muamalah because they fulfill the requirements of mutaqawwam, qābil li al-tamlīk, and lawful benefits (manfaʿah halal). Second, under positive law, these assets are categorized as "intangible property" pursuant to Article 94 of the Compilation of Islamic Law (KHI). This position is further reinforced by their reclassification as Digital Financial Assets (AKD) through POJK Number 27 of 2024 as amended by POJK Number 23 of 2025, and supported by judicial precedent (Decision of the West Jakarta Religious Court No. 1622/Pdt.G/2023/PA.JB). Third, this research formulates three equitable distribution mechanisms—namely in natura, liquidation and profit-sharing, and buyout complemented by procedural guidelines for evidentiary proof, valuation, and execution.
UPAYA CALON PASANGAN MUDA UNTUK MEMINTA DISPENSASI NIKAH DI PENGADILAN AGAMA SAMARINDA TAHUN 2025 Rio Dwi Putra Iskandar
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/2r9pba73

Abstract

This study examines the efforts of young prospective couples in applying for a marriage dispensation at the Samarinda Religious Court in 2025. The increasing number of applications for marriage dispensation reflects social and legal dynamics among underage couples in Indonesia. Using a normative-empirical legal approach with qualitative methods, this study identifies the procedures, requirements, and obstacles encountered by applicants, as well as the court’s considerations in granting or refusing such petitions. The theory of legal protection and the best interest of the child serve as the analytical framework. The findings reveal that most applicants are motivated by pregnancy outside of marriage, social pressure, and economic factors. The court applies Peraturan Mahkamah Agung Nomor 5 Tahun 2019 as a guideline, emphasizing the psychological and physical readiness of the parties involved. The study concludes that efforts by young couples to obtain marriage dispensation remain procedurally complex, requiring legal awareness, family support, and clear documentation. Stricter examination by the court is a positive step in protecting children from the adverse effects of early marriage.
RELEVANSI DAN ADAPTABILITAS HUKUM PERDATA ISLAM DALAM FORMASI HUKUM PERDATA MODERN: TINJAUAN NORMATIF-HISTORIS PERIODE TANZIMAT Fahdi El Barr; Muhammad Adi Satriyo; Baiq Auvia Khairatain
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/hyk1zt89

Abstract

Amdisy the wave of secularization and westernization during the Tanzimat Period a view emerged that Sharia law was no longer relevant to serve as the foundation for a modern constitution. This study aims to examine the validity of that view by analyzing the dynamics behind the birth of Majalla al-Ahkam al-Adliyyah and evaluating the relevance and adaptability of Islamic civil law substance in modern constutitutional formation. The research method utilized is a Narrative Literature Review with a normative-historical approach, which combines critical literature review with a comprative analysis of the jurisprudential maxims of the Majalla, the Turk Medeni Kanunu, and the Burgerlijk Wetboek (BW). The results of this study prove that Islamic Civil Law is highly relevant, continuous, and progressive. The comparative study demonstrates the absence of contradictions between Western and Islamic laws. In fact, modern principles have been systematically integrated into Islamic Civil Law since ancient times. Although the Majalla has limitations, as tit only explains muamalah law and excludes other civil areas such as family law, the core substance of Sharia within the Majalla underscores that Islamic law is not a rigid and conservative system, but rather a progresive law.
STUDI PEMIKIRAN 4 MAZHAB DAN YURISPRUDENSI TENTANG KEWARISAN ORANG MURTAD Ismail Munir; Ibnu Rusyd Talaba; Aisa Saifudin; Taufik Hidayat; Rifaldi M. Torano; Marini Abdul Djalal
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/z2kd8534

Abstract

This study aims to analyze in depth and reconstruct the concept of religious difference as a barrier to inheritance rights under Islamic law, while also examining how this provision is applied and adapted within the national legal system in force in Indonesia. The research employs normative-juridical and comparative approaches through comprehensive library research, reviewing primary sources including the Holy Quran, Prophetic traditions (Hadith), the established opinions of the four major schools of Islamic jurisprudence, the Compilation of Islamic Law, and relevant judicial decisions issued by the Supreme Court of the Republic of Indonesia. The findings reveal that the prohibition of mutual inheritance between individuals of different religions is interpretive (ijtihadi) in nature, rather than an absolute rule explicitly stated in the sacred texts. The true legal rationale behind this provision lies in the existence of enmity or the complete severance of social and family bonds, and not merely in formal differences in religious belief. Through the progressive development of jurisprudence, judges have found a fair and practical solution by granting access to these rights through the mechanism of mandatory bequest, thereby preserving the original legal framework while ensuring substantive justice and harmony within society. The study concludes that a careful reconstruction of this understanding is necessary to ensure that Islamic inheritance law remains dynamic, consistent with constitutional principles, and capable of addressing the diverse needs and realities of contemporary Indonesian society.
PERLINDUNGAN HUKUM DAN HAK WARIS ANAK ANGKAT: STUDI KOMPARATIF HUKUM ISLAM, HUKUM PERDATA, DAN HUKUM ADAT Amran Nani; Mujibur Rachman Kautjil; Tamam Maliya; Djunaidi Usia
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/hty42v43

Abstract

Child adoption is a common social phenomenon in Indonesia. However, the plurality of legal systems applicable in Indonesia namely Islamic Law, Civil Law, and Customary Law gives rise to significantly different legal implications regarding the inheritance rights and legal status of adopted children. This study employs a normative juridical method using a comparative legal approach. The findings indicate that under Islamic Law, adoption does not sever the biological relationship between the adopted child and the biological parents. Consequently, an adopted child is not entitled to inherit ab intestato, but may receive a compulsory bequest (wasiat wajibah) of up to one-third of the estate. In contrast, Civil Law recognizes the legal severance of the relationship with the biological parents, granting the adopted child the status of a legitimate child and placing them among the first-class heirs. Meanwhile, Customary Law varies considerably across regions. In Java and Bali, adoption may transfer the child's status as an heir, whereas in strictly patrilineal societies such as the Batak community, adopted daughters face limitations in inheritance rights. This legal diversity requires a reconstructive understanding to ensure legal certainty and the protection of children's rights in Indonesia.
FENOMENA LARANGAN BEKERJA DI LUAR RUMAH BAGI ISTRI DI DESA SANTAN TENGAH KECAMATAN MARANGKAYU KABUPATEN KUTAI KARTANEGARA DITINJAU DARI HUKUM ISLAM DAN HAM Masna Eka Wahyuni; Alfitri; Aulia Rachman
Mitsaq: Islamic Family Law Journal Vol. 4 No. 2 (2026): MITSAQ VOLUME 4, NOMOR 2, 2026
Publisher : Fasya UIN Sultan Aji Muhammad Idris Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/9ec3eb43

Abstract

This study was motivated by the phenomenon of husbands prohibiting their wives from working outside the home, which still occurs in Santan Tengah Village. The research aims to analyze the reasons behind husbands' restrictions on their wives' employment and to examine the practice from the perspectives of Islamic Law and Human Rights. This study employed an empirical normative legal approach using qualitative methods. Data were collected through interviews and documentation involving four married couples and analyzed using the perspectives of Islamic jurisprudence, particularly Fatawa al-Mar'ah al-Muslimah, Law Number 39 of 1999 on Human Rights, the Universal Declaration of Human Rights (UDHR), and the 1945 Constitution of the Republic of Indonesia. The findings reveal that husbands prohibit their wives from working due to concerns regarding childcare responsibilities, personal safety, workplace distance, and the preservation of family harmony. From the perspective of Islamic Law, such restrictions are considered permissible when intended to safeguard family welfare (maslahah) and comply with Islamic legal principles. However, from the Human Rights perspective, these restrictions may limit women's rights to employment, self-development, gender equality, and an improved standard of living. Therefore, the study demonstrates a difference between Islamic Law, which prioritizes family welfare, and Human Rights, which emphasize women's individual rights to work.

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