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VRISPRAAK, International Journal of Law
Published by STAI Miftahul Ula
ISSN : -     EISSN : 25974491     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
VRISPRAAK, International Journal of Law publishes research on various topics, national laws and international law, including analysis of laws and judges decisions. The journal has published some of the most popular and popular articles in this field. This is an invaluable resource for academics and also interested in current analysis of current legal issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol. 9 No. 1 (2025): March 2025" : 5 Documents clear
The Position and Role of the Supreme Court in Fostering Religious Courts as Part of the National Legal System: (Review of PERMA Number 5 of 2019) Afiful Huda; Sari, Wulan Permata
VRISPRAAK : International Journal of Law Vol. 9 No. 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1151

Abstract

This article aims to analyse the relevance of the position of the Supreme Court in relation to the Religious Courts within the national legal system, the role of the Supreme Court in the guidance and supervision of Religious Courts, and the review of the Supreme Court Regulation Number 5 of 2019 on Guidelines for Adjudicating Marriage Dispensation Applications. The approach used in this study is a normative juridical approach with a descriptive-analytical nature. The primary data source in this research is Supreme Court Regulation (PERMA) Number 5 of 2019, while secondary sources include books and articles relevant to the discussion. The data analysis technique employs content analysis. To test the validity of the data, triangulation is used along with an expanded reference base. The research results show that this "one roof" coaching aims to ensure that judicial power is exercised independently, responsibly, and without influence from the executive or other parties, thereby improving the judicial system, making it more integrated, and operating under a single command. As the Religious Courts are under the same roof as the Supreme Court, the role of judicial guidance is emphasised in Law Number 3 of 2006. Regarding technical guidance, this involves directions, particularly in the application of law by judges, carried out through various channels and methods. Meanwhile, the study of the Supreme Court Regulation Number 5 of 2019 indicates that the Supreme Court plays a key role in maintaining consistency, justice, and legal certainty in handling marriage dispensation cases in the Religious Courts, helping to preserve the integrity of the religious judicial system and ensuring that each marriage dispensation request is handled fairly and in accordance with the prevailing laws.
Legal Analysis of Child Adoption: An Islamic Perspective and Implementation in Religious Courts Hasbiyalla, Iklil
VRISPRAAK : International Journal of Law Vol. 9 No. 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1152

Abstract

Child adoption is a practice that has long been known in society, both in the perspective of Islamic law and positive law in Indonesia. This research discusses the procedure of child adoption in the Religious Court, the legal basis that regulates it, as well as the legal implications for adopted children and adoptive parents. In Islam, child adoption is allowed provided that the child's nasab status remains with his or her biological parents, as explained in the Qur'an and Hadith. Meanwhile, in Indonesian positive law, child adoption is regulated in various regulations, such as Law Number 23 of 2002 concerning Child Protection, as well as the Compilation of Islamic Law (KHI). This research uses a qualitative method with a descriptive-analytical approach to describe and compare the provisions of child adoption in the perspective of Islam and state law. The results show that although there are differences in concepts between Islamic law and positive law, both aim to protect the rights of children so that they can grow and develop properly. In addition, the process of child adoption in the Religious Court aims to provide legal certainty for adopted children and adoptive parents. Therefore, a comprehensive understanding of the procedures and legal consequences of child adoption is essential for the community to avoid mistakes in its implementation.
Determination of Child Origins in a Siri Marriage: Perspectives of Islamic Law and Positive Law in Indonesia Fitri, Abd. Basit Misbachul; Hassan, Ahmed
VRISPRAAK : International Journal of Law Vol. 9 No. 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1153

Abstract

Siri marriage is a form of marriage that is religiously valid, but not registered at the Office of Religious Affairs (KUA), so it does not have legal force in state administration. One of the main problems caused by siri marriage is the legal status of children born from the marriage. Children born from a siri marriage often have no civil rights against their father, either in terms of inheritance or recording the father's name in the birth certificate. Based on Law Number 1 Year 1974 on Marriage and the Compilation of Islamic Law (KHI), children born from unregistered marriages only have a civil relationship with their mother. This study aims to analyse the legal provisions regarding the determination of the origin of children in a siri marriage and its implications for children's rights. The method used is a normative juridical approach by analysing the applicable regulations in Indonesia. The results show that although siri marriages are legal according to religion, children born from these marriages face limited legal rights. Therefore, isbat nikah is a legal alternative that can provide legal certainty for the status of children.
Strength of Evidence of Electronic Media (Teleconference) In The Criminal Justice System Mamulai, Muslim; Hardianto Djanggih; Mirnawanti Wahab
VRISPRAAK : International Journal of Law Vol. 9 No. 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1154

Abstract

The strength of the evidence of Electronic Media (teleconference) in the process of proving a criminal case according to the Criminal, specify a limited manner valid evidence and procedures for the use of that evidence thus have legal power of proof. Proof via electronic media (teleconference) regulates the judge / magistrate constitutional obligation to seek and find the truth so that the material taken into consideration for the judges in deciding a case. Implementation of evidence through electronic media in a criminal act, should the judge may use the priority when it will use the values ??of the basic purpose of the law (justice, expediency and certainty) to accommodate the evidence through electronic media in examining the crime of existing.
Inheritance in the Perspective of Customary Law and the Compilation of Islamic Law Dimyati, Yayat
VRISPRAAK : International Journal of Law Vol. 9 No. 1 (2025): March 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vris.v9i1.1155

Abstract

Inheritance is an important part of social life that regulates the transfer of inheritance from the testator to the heirs. In Indonesia, the inheritance system is regulated in two main legal frameworks, namely customary inheritance law and Islamic inheritance law contained in the Compilation of Islamic Law (KHI). This article discusses the differences and similarities between the two legal systems, including the basic principles, principles, and mechanisms of inheritance distribution applied in society. Customary inheritance law tends to vary because it is influenced by local culture and the prevailing kinship system, such as patrilineal, matrilineal and bilateral. Meanwhile, Islamic inheritance law is sourced from the Qur'an and Hadith with more structured and binding principles of division. This article also highlights the role of KHI in providing legal certainty for Muslims in Indonesia as well as the challenges in harmonising customary and Islamic inheritance laws in daily practice.

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