JURIDISCH DENKEN

INTERFAITH MARRIAGE IN ISLAMIC FAMILY LAW (Addressing the Doctrinal Provisions and Socio Religious Context in Indonesia)

2026-02-19T18:21:30+07:00

Interfaith marriage has become an important issue in the discourse of Islamic family law, especially in Indonesia, which has religious and cultural diversity. Although the state recognizes freedom of religion, the existing legal provisions often create tensions between national law and religious law, particularly concerning marriages between Muslims and non-Muslims. Law No. 1 of 1974 concerning Marriage limits interfaith marriages, which can only take place with the approval of the relevant authorities. This study employs a qualitative descriptive approach with literature analysis to understand the doctrinal views on interfaith marriage and its implications in Indonesia's socio-religious context. This paper explores the differing views of Islamic jurisprudence on interfaith marriage, such as the strict prohibition in the Shafi'i school, the more flexible stance of the Hanafi school, and the contextual approach of the Maliki school. The study also analyzes public acceptance of interfaith marriages in Indonesia, influenced by social norms, culture, and religious education. In more pluralistic areas, there is greater acceptance of interfaith marriages, while in more conservative regions, such unions are considered taboo. In conclusion, the implementation of Islamic family law concerning interfaith marriage in Indonesia requires a more inclusive and adaptive approach to social development and pluralism, while maintaining a balance between religious freedom and the values upheld by society.

Legal Protection For Notaries In Carrying Out Their Duties As Public Officials

2026-02-19T18:16:56+07:00

The principle of the rule of law is to guarantee certainty, order, and legal protection based on truth and justice. Article 1868 of the Civil Code is the basis for the authority of notaries in drawing up authentic deeds. In practice, there are legal issues related to notarial deeds. The main issues of this study are: 1) How is legal protection regulated for notaries in carrying out their duties as public officials; 2) How Notaries Perform Their Duties and Responsibilities as Public Officials. Protection for notaries in carrying out their duties is very necessary. Legal protection for notaries in carrying out their duties takes the form of fulfilling the rights of notaries as officials and as individuals, in accordance with the provisions of the 1945 Constitution. Preventive legal protection is provided through supervision and guidance by the Notary Supervisory Council, the Notary Law and its implementing regulations, and the Notary Code of Ethics. Repressive legal protection (resolution) is provided in the form of sanctions imposed on notaries who are proven guilty of violating their duties. Legal protection for the notary profession through the Notary Honorary Council (MKN) can be carried out repressively because it is related to the application of Article 66 paragraph 1 of the Notary Profession Law, namely in granting approval or rejecting requests from investigators who wish to summon notaries in court proceedings.

Effectiveness of Business Dispute Resolution Through Arbitration in Indonesia

2026-02-19T18:16:57+07:00

This article analyzes the effectiveness of arbitration in resolving business disputes in Indonesia. The study employs normative juridical research by examining statutory regulations, doctrinal perspectives, institutional practice, and enforcement mechanisms. The research evaluates arbitration based on legal certainty, procedural efficiency, enforceability, accessibility, and institutional legitimacy. The findings show that arbitration provides confidentiality, expertise-based adjudication, flexibility, and final binding decisions that support commercial stability. However, structural constraints such as cost, regional access limitations, and enforcement formalities remain significant. The article concludes that arbitration is substantively effective but requires regulatory refinement and institutional strengthening