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Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah
ISSN : 31096239     EISSN : 31096220     DOI : https://doi.org/10.64788/ar-rasyid
Core Subject :
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah adalah jurnal peer-review yang bertujuan untuk memfasilitasi pertukaran pengetahuan dan ide-ide inovatif di antara para peneliti, akademisi, dan praktisi dari berbagai disiplin ilmu. Kami menerima kontribusi ilmiah dalam bentuk artikel penelitian, tinjauan pustaka, studi kasus, dan laporan teknis yang mencakup berbagai bidang keilmuan, termasuk tetapi tidak terbatas pada: Sains dan Teknologi: Fisika, Kimia, Biologi, Matematika, Informatika, Teknik, dan Ilmu Lingkungan. Ilmu Sosial dan Humaniora: Sosiologi, Antropologi, Psikologi, Ekonomi, Pendidikan, Hukum, Sejarah, dan Filsafat. Kesehatan dan Kedokteran: Kedokteran, Farmasi, Kesehatan Masyarakat, Keperawatan, dan Ilmu Biomedis. Bisnis dan Manajemen: Manajemen, Akuntansi, Keuangan, Pemasaran, dan Kewirausahaan.
Arjuna Subject : -
Articles 333 Documents
PERAN PREVENTIF KUA (KANTOR URUSAN AGAMA) DALAM PEMBINAAN HUKUM PERKAWINAN SEBAGAI UPAYA MEMINIMALISIR KONFLIK WARIS KELUARGA: ANALISIS YURIDIS-NORMATIF Azka Amatillah; Fitria Agustin
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.331

Abstract

This study investigates the preventive role of the Office of Religious Affairs (KUA) in administering marriage law to reduce inheritance disputes within families through a juridical-normative approach. The KUA's legal basis, as outlined in PMA No. 34 of 2016 and the Compilation of Islamic Law (KHI), makes it a source of legal certainty. A marriage certificate serves as the initial step in obtaining legal status as an heir, while marriage guidance and legal counseling contribute to avoiding confusion regarding joint property and denial of inheritance rights. The importance of this management is evident in the increasing number of inheritance cases in the Religious Courts (15-20% annually due to unregistered unregistered marriages or polygamy), and from the perspective of the maqasid sharia (hifz al-nasl, hifz al-mal), which can reduce disputes through early education. The conclusion emphasizes the KUA's new role as a preventive guide to foster legal awareness within families.
PERLINDUNGAN HUKUM TERHADAP HAK ANAK DALAM PERKAWINAN DAN PEMBAGIAN WARISAN DI INDONESIA Pradipta Mulya Pratama; Fitria Agustin
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.332

Abstract

Children are vulnerable legal subjects in the dynamics of family law in Indonesia. This article analyzes legal protection of children's rights, particularly in marriage (including early and unregistered marriages) and the status of children in inheritance distribution according to positive law and Islamic law. Using normative juridical research methods, this study concludes that although regulations such as the Child Protection Law and the Marriage Law have provided a basic framework, their implementation still faces obstacles in synchronizing regulations, particularly regarding the status of illegitimate children and the inheritance rights of children from unregistered marriages.
PERLINDUNGAN HUKUM TERHADAP AHLI WARIS DALAM SENGKETA HARTA BERSAMA PASCA PUTUSNYA PERKAWINAN: ANALISIS YURIDIS NORMATIF Jauharoh; Fitria Agustin
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.333

Abstract

This study aims to analyze the legal protection of heirs in disputes over marital joint property following the dissolution of marriage from the perspective of positive law in Indonesia. A common issue arising in practice is the lack of clarity in distinguishing between joint property and inherited assets, which often triggers conflicts between the surviving spouse and other heirs. This research employs a normative juridical method with statutory and conceptual approaches, supported by primary and secondary legal materials. The results indicate that, normatively, the regulation of joint property and inheritance has been clearly stipulated in legislation. However, in practice, there remains a gap between legal norms and their implementation, caused by differences in interpretation, lack of proof of ownership, and low public legal awareness. This condition results in the suboptimal legal protection of heirs. This study emphasizes that the effectiveness of legal protection depends not only on the existence of regulations but also on the understanding and application of the law by society and law enforcement officials. Therefore, it is necessary to strengthen legal implementation, improve public legal literacy, and optimize dispute resolution mechanisms to achieve legal certainty and justice.
PERLUNYA MANUSIA TERHADAP AGAMA: PERSPEKTIF METODOLOGI STUDI ISLAM Zuhair Abdurrahman; Rendy Fauzi; Maftuh Ajma’in
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.334

Abstract

This study aims to analyze the essence of human beings as Homo Religiosus from a multidisciplinary perspective encompassing philosophical, psychological, sociological, and theological dimensions. The main focus is to demonstrate that religiosity is not merely an additional attribute but an integral part of human consciousness that drives the search for meaning and connection with transcendent reality. This research employs a qualitative method through a literature review of key thinkers such as Mircea Eliade, Rudolf Otto, and Viktor Frankl. The findings indicate that from a psychological perspective, religion functions as a mechanism for fulfilling the human need for meaning and alleviating existential anxiety, while from a sociological perspective, it serves as a foundation for moral values and social integration. Furthermore, modernity presents challenges in the form of spiritual crises and loss of meaning, which require a comprehensive methodological approach to understand religious phenomena. Therefore, integrating normative and historical approaches is essential to ensure that religious teachings remain relevant in addressing the dynamics of modern life without losing their spiritual essence.
TINJAUAN HUKUM TERHADAP FUNGSI SERIKAT BURUH, PERUNDINGAN KOLEKTIF, DAN MOGOK KERJA DALAM HUBUNGAN INDUSTRIAL Galuh Gilang Gumintang
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.335

Abstract

Industrial relations is a system that regulates the relationship between workers, employers, and the government in order to achieve a balance of interests in the world of work. In that system, labor unions, collective bargaining, and strikes play a very important role as legal instruments in creating fair and harmonious labor relations. This research aims to examine the legal regulations regarding the functions of labor unions, the mechanisms of collective bargaining, and the right to strike from the perspective of labor law in Indonesia. The research method used is the normative juridical method with a legislative and conceptual approach. The research results show that labor unions have the primary function of representing workers in advocating, protecting, and defending workers' interests in industrial relations. Collective bargaining becomes the main mechanism in determining working conditions thru a negotiation process between labor unions and employers, resulting in a collective labor agreement as the legal basis for the employment relationship. Meanwhile, strikes are recognized as a worker's right used as a last resort if negotiations do not reach an agreement, provided they are carried out in accordance with applicable legal procedures. The conclusion of this research shows that these three aspects are interconnected and are an important part of creating a balanced and fair industrial relationship. However, in its implementation, there are still various challenges such as the imbalance of bargaining power between workers and employers, as well as the effectiveness of labor law enforcement.
PERAN REGULASI INTERNASIONAL DALAM MENCEGAH PENYALAHGUNAAN EKSPOR-IMPOR SENJATA DAN TEKNOLOGI SENSITIF Galuh Gilang Gumintang
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.336

Abstract

Industrial relations is a system that regulates the relationship between workers, employers, and the government in order to achieve a balance of interests in the world of work. In that system, labor unions, collective bargaining, and strikes play a very important role as legal instruments in creating fair and harmonious labor relations. This research aims to examine the legal regulations regarding the functions of labor unions, the mechanisms of collective bargaining, and the right to strike from the perspective of labor law in Indonesia. The research method used is the normative juridical method with a legislative and conceptual approach. The research results show that labor unions have the primary function of representing workers in advocating, protecting, and defending workers' interests in industrial relations. Collective bargaining becomes the main mechanism in determining working conditions thru a negotiation process between labor unions and employers, resulting in a collective labor agreement as the legal basis for the employment relationship. Meanwhile, strikes are recognized as a worker's right used as a last resort if negotiations do not reach an agreement, provided they are carried out in accordance with applicable legal procedures. The conclusion of this research shows that these three aspects are interconnected and are an important part of creating a balanced and fair industrial relationship. However, in its implementation, there are still various challenges such as the imbalance of bargaining power between workers and employers, as well as the effectiveness of labor law enforcement.
IMPLEMENTASI PKWT DAN PKWTT DALAM PRAKTIK KETENAGAKERJAAN SERTA DAMPAKNYA TERHADAP KEPASTIAN HUKUM Tanjung Pamungkas
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.337

Abstract

Fixed-Term Employment Agreement (PKWT) and Indefinite-Term Employment Agreement (PKWTT) are two forms of employment agreements regulated within the labor system in Indonesia as the basis for establishing working relationships between workers and employers. PKWT is used for temporary or time-limited work, while PKWTT is intended for permanent and ongoing work. This research aims to analyze the implementation of PKWT and PKWTT in labor practices and their impact on legal certainty for the parties involved. The method used is a normative juridical approach by examining the applicable laws and regulations as well as literature related to employment. The discussion results show that PKWT provides flexibility for employers in managing the workforce, but in practice, it often creates uncertainty for workers, especially when there are deviations from the applicable legal provisions. Meanwhile, PKWTT provides stronger certainty for workers in terms of the continuity of the employment relationship and legal protection, although on the other hand, it imposes greater obligations on employers. The implementation of these two types of employment agreements is greatly influenced by the level of compliance with regulations, the effectiveness of supervision, and the parties' understanding of the applicable legal provisions.
ANALISIS YURIDIS TERHADAP MEKANISME PEMBAYARAN INTERNASIONAL DALAM TRANSAKSI GLOBAL Tanjung Pamungkas
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.338

Abstract

The development of globalization has driven an increase in increasingly complex international trade transactions, necessitating an effective, secure, and legally certain international payment mechanism. This research aims to analyze the regulation of international payment mechanisms from the perspective of international law, examine their application in global transaction practices, and identify the role of international law in providing legal protection and dispute resolution for the parties involved. The research method used is normative legal research with a statutory approach and a conceptual approach. The sources of legal materials consist of primary, secondary, and tertiary legal materials collected thru library research and analyzed qualitatively. The research results show that international payment mechanisms are regulated thru various legal instruments, both hard law and soft law, such as rules formulated by the International Chamber of Commerce and international conventions like the United Nations Convention on Contracts for the International Sale of Goods. The application of payment mechanisms such as Letters of Credit, telegraphic transfers, and documentary collections in global transaction practices demonstrates variations tailored to the needs and risk levels of the parties involved. International law plays a crucial role in creating certainty and legal protection thru general principles, regulation of rights and obligations, and the provision of dispute resolution mechanisms, including international arbitration supported by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Nevertheless, there are still various obstacles such as differences in legal systems between countries and the development of digital payment technology that have not yet been fully accommodated within the existing legal framework.
Implementasi SEMA No. 3 Tahun 2023 Dalam Mempersulit Alasan Perceraian 'Perselisihan dan Pertengkaran yang Terus Menerus' Di Provinsi Banten. Muhammad Fajri Atqiya; Fitria Agustin
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.339

Abstract

This study aims to analyze the implementation of Supreme Court Circular Letter (SEMA) Number 3 of 2023 as an instrument to strengthen the principle of complicating divorce, especially in cases with the reason of "continuous disputes and quarrels" in Banten Province. The phenomenon of the high divorce rate in Indonesia, where 54% is caused by disputes, demands objective legal standardization. In Banten Province itself, data shows a significant trend of increasing cases from 2023 to the projected year 2025. This study uses a normative juridical method with a statutory approach to synchronize the policy of SEMA No. 3 of 2023 with Law Number 1 of 1974 concerning Marriage. The results of the study indicate that the determination of a minimum requirement of 6 (six) months of separation of residence is an effort by the Supreme Court to create a stricter legal filter to reduce the number of premature divorces. However, its implementation still faces serious challenges, including: low public legal literacy, the ineffectiveness of the mediation process which is still considered an administrative formality, and the potential for inconsistent decisions at the appellate level. This study concludes that although SEMA No. 3 of 2023 provides more objective legal certainty, optimizing the role of mediators and public education within the jurisdiction of Banten Province is key to this regulation's effective reduction in the divorce rate.
ANALISIS TRANSAKSI BISNIS INTERNASIONAL DALAM PRESPEKTIF HUKUM DAN EKONOMI PADA PERDAGANGAN GLOBAL MELALUI STUDI KASUS SENGKETA EKSPOR UDANG INDONESIA KE AMERIKA SERIKAT Achmad Fahri
Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah Vol. 2 No. 4 (2026): Ar-Rasyid: Jurnal Publikasi Penelitian Ilmiah (April 2026)
Publisher : PT. Saha Kreasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64788/ar-rasyid.v2i4.340

Abstract

This study aims to analyze international business transactions from legal and economic perspectives in global trade through the shrimp export dispute between Indonesia and United States. The background of this research is based on the increasing complexity of international trade, which often leads to conflicts due to differences in national interests. The dispute arose from allegations of subsidies that were considered to create unfair trade practices. This study applies a normative juridical approach using secondary data obtained through library research. The data are analyzed qualitatively by examining legal regulations and economic conditions underlying the dispute. The results indicate that the subsidy allegations were not proven to violate international trade law since the subsidy level remained below the established threshold. From a legal perspective, this case highlights the importance of interpreting legal norms in determining the validity of trade policies. From an economic perspective, the dispute reflects price competition and production efficiency in the global market. The dispute was resolved through bilateral mechanisms without involving formal procedures of the World Trade Organization. The outcome positively contributed to the stability of trade relations between the two countries. This study concludes that international business transactions are closely related to the interaction between legal and economic aspects. Trade disputes are a consequence of conflicting interests that require fair and transparent resolution mechanisms.