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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 60 Documents
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The Dual Role of Career Women in Providing for the Family: The Perspective of Imam Shafi’i Musram Doso; Romziatul Widad
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/09k9mq37

Abstract

Changes over time have led to more women working outside the home and taking on dual roles as wives, mothers, and career women. This situation has an impact on family life and harmony. This study aims to examine the dual roles of career women in providing for their families from the perspective of Imam Shafi’i. The study employs a qualitative method using a case study approach through observation, interviews, and literature review. The results indicate that, according to Imam Syafi’i, women are permitted to work to support the family’s economy, particularly when the husband faces financial difficulties, provided that the work is lawful, safe, and does not cause harm. The role of career women can have a positive impact on family well-being, but it also has the potential to cause problems if not balanced with good time management and spousal support. Therefore, cooperation and a balance of roles between husband and wife are essential to maintaining domestic harmony in accordance with Islamic teachings.
A Juridical Review of Civil Sanctions for Fathers Neglecting Child Support Obligations Post-Divorce Yauma Tertibi
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/w4k56r53

Abstract

This research analyzes the urgency of strengthening civil sanctions against fathers who neglect child support obligations following divorce in Indonesia. Although domestic regulations explicitly mandate fathers to finance their children's needs, the efficacy of court order executions is frequently hindered by the absence of coercive measures. Utilizing a juridical-normative method with a comparative approach, this study finds that the evasion of child maintenance is rooted in weak asset-tracking systems and a lack of integrated administrative sanctions. The novelty of this research lies in the proposed formalization of civil sanctions in the form of automatic wage attachment and restrictions on public service access as instruments of civil coercion. The results indicate that legal restructuring through the integration of population data systems with religious court rulings can significantly enhance paternal compliance. This study recommends a revision of civil procedural law to grant broader executorial authority to judges, thereby ensuring the child's constitutional right to survival and development.
Multigenerational Financial Support (Nafkah) Practices in the Division of Economic Responsibilities Between Husband and Wife (A Study in the Subdistrict of Tanete Riattang Barat) Hafilah Ramadani; Lukman Arake; Hamzah Hamzah
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/rc03fg89

Abstract

This study analyzes the distribution of economic responsibilities within multigenerational Bugis families in the West Tanete Riattang District from the perspective of Islamic law. The research employed a qualitative field method with a normative theological and sociological approach, utilizing observation, interviews, and documentation. The findings reveal four patterns of economic distribution: collective, separate households, supported by parents, and supported by children. Conflicts that arise regarding privacy, parenting styles, customs, and the division of roles are resolved through communication and deliberation. Under Islamic law, the husband remains the primary provider, while the involvement of other family members is voluntary and may be accepted as ‘urf ṣaḥīḥ as long as it does not contradict sharia. Based on the maqāṣid syarī‘ah, this practice is valid if it maintains a balance between the nuclear family, filial piety toward parents, and domestic harmony.
The Role of Female Judges: Gender Sensitivity and The Quality of Islamic Family Court Decisions Syaiful Bakri
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/nvaa5c82

Abstract

This study aims to analyze the role of female judges in religious court practice, particularly in relation to gender sensitivity and the quality of rulings in Islamic family law cases. The study focuses on how the perspectives and social experiences of female judges contribute to the realization of substantive justice for the parties involved in litigation, especially women and children. The research method employed is normative legal research using a conceptual and socio-legal approach. Data were obtained through a literature review of legislation, the Compilation of Islamic Law, fiqh literature, and an analysis of relevant religious court rulings. The research results indicate that female judges possess significant potential to strengthen gender sensitivity in legal deliberations, although gender sensitivity is not solely determined by biological sex. The presence of female judges contributes to rulings that are more contextual, empathetic, and oriented toward the protection of vulnerable groups. Thus, strengthening the role of female judges and the gender perspective is a crucial factor in the transformation of Islamic family law toward greater justice.
Determination of The Suspect as A New Irrational Norm With The Paradigm of Presumption of Innocence Sukardi Sukardi
VRISPRAAK : International Journal of Law Vol. 8 No. 1 (2024): March 2024
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/5wvhs390

Abstract

The terms suspect, defendant and convict are the legal statuses of a person who is undergoing the process of criminal justice in the criminal justice system, which is automatically provided by law and is not determined, accordingly, procedurally there are no regulations regarding its determination in the Criminal Procedure Code and its implementing regulations. The new paradigm that includes "Determination of the suspect” as an object of a pre-trial shall be the manifestation of a new norm with the view of placing the status of a suspect as if it were the same as a convict, but it does not yet have a juridical basis in its application so that it is contrary to the principle of legality and can lead to multi-interpretations that is irrational with the understanding of the principle of the presumption of innocence. The understanding of the status of the suspect which is exclusively out of the context of interpretation as part of the presumption of innocence may result in norm conflicts between the application of new norm in determining suspects with the principle of legality which requires a legal basis in the first place, as well as the non-retroactive principle. The understanding of the principle of the presumption of innocence should continue to be socialized to build the society law culture, especially eliminating the negative stigma against the status of the suspect, not just justifying the negative stigma against the existence of the suspect as if interpreted like a convict. This negative stigma colors the society law culture in which results in low public participation in law enforcement to realize legal objectives.
The Rejection of Itsbat Nikah for an Unauthorized Polygamous Marriage: A Study of Religious Court Decision of Jombang Number 2522/Pdt.G/2023/PA.Jbg Salma Salsabila 'Izza; Ahmad Maula Hadi; Riyan Ramdani
VRISPRAAK : International Journal of Law Vol. 10 No. 2 (2026): June 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/v4yx4y31

Abstract

This study aims to analyze the legal considerations of the panel of judges in Decision No. 2522/Pdt.G/2023/PA.Jbg regarding the rejection of a petition for the validation of a polygamous marriage without court permission, the legal status of polygamy permission after the dissolution of the first marriage, and the legal implications for the second wife and children. This study employs an empirical legal method with a descriptive-analytical approach. Data were collected through literature review, analysis of court decisions, and interviews with judges at the Jombang Religious Court. The results of the study indicate that the panel of judges rejected the application for itsbat nikah because, at the time the second marriage took place, the applicant was still legally married to his first wife and had not obtained a polygamy permit from the court as stipulated in positive law and Supreme Court Circular Letter (SEMA) No. 3 of 2018. The judges’ reasoning placed greater emphasis on the aspects of legal certainty and the administrative order of marriage. The rejection of the itsbat nikah has legal implications for the status of the second wife, the rights of the children, civil registration, and inheritance rights. However, the judges offered a solution in the form of a new marriage contract after the dissolution of the first marriage in order to obtain legal recognition from the state.
The “Long Papolong” Tradition in Marriages among the Descendants of Kyai in the Villages of Kadur and Palengaan, Pamekasan Regency Rika Jamiliyah
VRISPRAAK : International Journal of Law Vol. 10 No. 2 (2026): June 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/98bap265

Abstract

Madura is a region with strong customs and traditions. Most people there believe that the customs and traditions of their region must be upheld, especially those related to marriage. This tradition is still strongly upheld, particularly by religious leaders in Madura. One tradition that remains deeply rooted is the custom of “long papolong,” which is considered essential for maintaining the purity of bloodlines and family honor by marrying children of the same lineage to the children of other religious leaders. The method used in this study was qualitative, involving a literature review and interviews with the community and religious leaders in the Madura region, specifically in the city of Pamekasan. This study aims to understand the social and religious meanings behind the “long papolong” custom and its impact on the current social life of the Madurese people. The results show that the “long papolong” tradition serves as a symbol of the continuity of religious authority and social status that is passed down from generation to generation. The “long papolong” tradition also serves as a means of maintaining solidarity among families of fellow clerics and preserving the moral image associated with the descendants of clerics.
Mechanisms for the Confiscation of Illegal Profits in Environmental Criminal Law Enforcement Based on the Polluter Pays Principle in Indonesia Karlin Z. Mamu; Sri Olawaty DJ. Suaib; Melki T. Tunggati
VRISPRAAK : International Journal of Law Vol. 10 No. 2 (2026): June 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/2aajxk48

Abstract

Environmental crimes have become one of the most economically profitable crimes globally, but the Indonesian environmental criminal law system has not been able to reach the dimension of financial gains obtained by perpetrators illegally. Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) contains fundamental weaknesses at the level of formulation policy, namely the lack of a clear and operational mechanism to confiscate illicit gains in environmental criminal law enforcement, so that the polluter pays principle mandated by Article 2 letter j of the UUPPLH only functions as a declarative principle without real operational power. This study aims to analyze the weaknesses of the UUPPLH formulation in regulating the mechanism for confiscating illegal profits and formulate an ideal regulatory construction so that all economic benefits from pollution can be internalized effectively. Using normative legal research methods with statutory, conceptual, and comparative approaches, this study found that the UUPPLH does not regulate the formula for calculating illicit gains, does not require the calculation of the economic benefit of noncompliance in prosecution, and does not provide a non-conviction-based asset forfeiture (NCBA) mechanism for environmental crimes. The proposed ideal construction is built on three pillars: a substantive pillar in the form of a lex specialis norm that defines illicit gains comprehensively, a procedural pillar in the form of an obligation to calculate and prove illicit gains in every prosecution, and an institutional pillar in the form of synergy between the Attorney General's Office's Asset Recovery Agency and the Ministry of Environment and Forestry and the establishment of an Environmental Trust Fund as an exclusive vehicle for ecological recovery.
Implementation of Marriage Guardianship in Indonesian Positive Law: An Analysis of Wali Hakim and Wakalah Wali Illian Hikma; Muliadi; Ferdian; Firmansyah; Nanta Septia
VRISPRAAK : International Journal of Law Vol. 10 No. 2 (2026): June 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/y4fp5h25

Abstract

Marriage in Islamic law is constructed as a very strong covenant (mīthāqan ghalīẓan) whose validity depends on fulfilling the pillars (rukun) and conditions (syarat), one of which is the presence of a marriage guardian (wali nikah). Under Indonesian positive law, guardianship has experienced significant regulatory dynamics following the issuance of the Minister of Religious Affairs Regulation (PMA) Number 30 of 2024 concerning Marriage Registration. This normative-prescriptive legal research aims to analyze the structuring and hierarchy of lineage guardians (wali nasab) post-enactment of PMA Number 30 of 2024, examine the judicial-administrative mechanism of the sovereign guardian (wali hakim) in resolving emergencies, and assess the legal status of wakālah al-walī (taukil wali) as an instrument of social elasticity for modern society. The approaches used are the conceptual approach, statute approach, and case approach. The results indicate: First, PMA Number 30 of 2024 tightens the verification process of lineage guardians through the absolute requirement of birth certificates, the removal of masks/veils during examination for visual identification, and the signing of an Absolute Responsibility Statement (SPTJM). Second, the institution of wali hakim is positioned as a bridge for legal emergencies executed selectively and limitatively, where wali ‘aḍal disputes must go through a Religious Court decision before being executed by the Head of KUA. Third, the institution of wakālah al-walī (both through pasrah wali and taukil bil kitabah) functions as a manifestation of secondary benefit (maṣlaḥah ḥājiyyah) that provides efficient socio-geographical administrative solutions for the community, while preventing the spread of unregistered marriages (nikah siri) that harm women's civil rights. This study concludes that the positive legal system in Indonesia harmoniously synergizes state administrative certainty with the theological demands of Islamic law.
FOMO’s Impact on The Legal Sociology of Article 16, PMA No. 30/2024 in Banda Aceh Ahmad Fadhlan Afifi, Bukhari Ali, Muhammad Husnul Afifi; Bukhari Ali; Muhammad Husnul; Novi Heryanti; Ajidar Matsyah
VRISPRAAK : International Journal of Law Vol. 10 No. 2 (2026): June 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/4jan8339

Abstract

This study aims to analyze the phenomenon of FOMO (Fear of Missing Out) that affects the sociological aspects of law among the community regarding the implementation of Article 16 paragraph 1 of Minister of Religious Affairs Regulation No. 30 of 2024 in the selection of akad nikah venues in Banda Aceh City. It also examines the relationship between this factor and the low interest in choosing the Office of Religious Affairs (Kantor Urusan Agama) as the akad nikah venue, and compares it with venue choices not influenced by FOMO by observing the community’s low preference for the Office of Religious Affairs as the ceremony location. This research uses a descriptive qualitative approach with data collected through interviews and observations in three districts with the highest marriage registration numbers: Baiturrahman, Kuta Alam, and Lueng Bata. Respondents include brides and grooms, family members, and penghulus. The results show that the community is well informed about holding the akad nikah at the Office of Religious Affairs under Article 16 paragraph 1 of Minister of Religious Affairs Regulation No. 30 of 2024; however, the majority prefer to hold the akad nikah at three large mosques in Banda Aceh. The FOMO phenomenon has influenced the community’s cognitive patterns in choosing akad nikah venues, causing the beauty and luxury of the chosen locations to be prioritized. Differences in venue selection influenced by FOMO can be observed from cognitive considerations.  

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