Journal of Law and Islamic Jurisprudence Development
type: channel
description: Journal Name : Journal of Law and Islamic Jurisprudence Development Initials : JOLID Frequency : Twice in a Year; June and December Editor in Chief : Assoc. Prof. Dr. Muhammad Ainul Yaqin, M.Pd.I., PG.Dip Online ISSN : - DOI : - Indexed by : - Published by : Branda Media Nusantara collaborate LPPM of Universitas Islam KH. Achmad Muzakki Syah Journal of Law and Islamic Jurisprudence Development (JOLID) is an open-access scientific journal that aims to be the main platform for academics, researchers, practitioners, and policy makers to disseminate research results, studies, and literature reviews on the development of law and Islamic jurisprudence in facing ever-changing global challenges., with a publication frequency of twice in a year, namely: June and December. JOLID aims to serve as an intellectual platform for exploring the dynamics of civil law, criminal law, economic law, Islamic law, and jurisprudence development, adapting to global social, economic, cyber, and technological changes. The journal focuses on publishing original research that integrates classical and modern legal theories and sharia principles to formulate solutions to various contemporary legal challenges, including strengthening public policy. Through an interdisciplinary approach, JOLID is committed to bridging the gap between classical legal texts and positive legal practice to achieve substantial legal justice. JOLID's vision is to become an internationally reputable journal in the renewal of law thought and jurisprudence for the benefit of all. To realize this vision, its missions include: establishing professional and accountable scientific journal governance in accordance with global indexing standards, encouraging cross-border research collaboration focused on legal innovation, and disseminating critical ideas on the development of progressive law and jurisprudence oriented towards sustainable development. Thus, JOLID plays an active role as a catalyst in the development of a legal fram…
publisher: Branda Media Nusantara collaborate LPPM of Universitas Islam KH. Achmad Muzakki Syah
language: en-US
publication name: Journal of Law and Islamic Jurisprudence Development
items: The Legal Status of Unregistered (Siri) Marriage in Indonesian Criminal Law Under Law Number 1 of 2023 on the Criminal Code
items: Marital Status of Husband or Wife Who Leaves Islam from the Perspective of Law No. 16 of 2019, Compilation of Islamic Law, and Fiqh
items: Legal Reconstruction of Seizure of Collateral (Conservatoir Beslag) on Joint Property without a Divorce Suit

The Legal Status of Unregistered (Siri) Marriage in Indonesian Criminal Law Under Law Number 1 of 2023 on the Criminal Code
type: item
description: This study analyzes the legal status of nikah siri (unregistered marriage) within the context of Indonesian criminal law under Law Number 1 of 2023 concerning the Criminal Code and examines its implications for the protection of women's and children's rights. The study investigates the legal ambiguity arising from the inconsistency between the religious validity of such marriages and their lack of recognition under state law, which results in legal vulnerability for the parties involved, particularly in administrative and civil matters. This research employs a qualitative method using a normative juridical approach. The objectives of the study are to identify the factors contributing to the prevalence of nikah siri, analyze its legal consequences, and formulate policy recommendations for the harmonization of marriage regulations in Indonesia. The findings reveal that although nikah siri is considered valid under religious law, the absence of official registration generates significant legal consequences, including difficulties in obtaining birth certificates for children, inheritance rights, and maintenance rights for wives and children. This condition is further exacerbated by the fact that, despite its religious validity, nikah siri does not fulfill the administrative requirements prescribed by positive law and therefore lacks binding legal force in formal legal matters. Accordingly, a comprehensive assessment is required to determine how the new Criminal Code can accommodate legal protection for individuals affected by unregistered marriages, particularly in relation to marriage registration and judicial marriage validation (isbat nikah).
creator: Syamsidar Hamdan
rights: Copyright (c) 2026 Syamsidar Hamdan, Arti Sharma https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-24
publication date: 2026-06-24
volume: 1
number: 1
starting page: 1
ending page: 24

Marital Status of Husband or Wife Who Leaves Islam from the Perspective of Law No. 16 of 2019, Compilation of Islamic Law, and Fiqh
type: item
description: This research seeks to examine the legal consequences arising from a spouse's apostasy from Islam on their marital status, drawing from Law No. 16 of 2019, the Compilation of Islamic Law, and Fiqh principles. Employing a qualitative normative-juridical methodology, it scrutinizes Religious Court judges' rulings to assess jurisprudential consistency and adaptability toward substantive justice amid tensions between personal religious freedom and Sharia-governed family law obligations. The approach incorporates comparative evaluation of statutory positive law against classical Fiqh doctrines, alongside in-depth analysis of pertinent case studies from Religious Courts. Findings reveal that apostasy profoundly affects marriage validity, child custody arrangements, and joint property division, necessitating judges' innovative and progressive interpretations to uphold substantive justice. Notably, discrepancies persist between Law No. 1 of 1974 and KHI interpretations versus traditional Fiqh, particularly on whether apostasy automatically dissolves marriage, compelling judges to craft equitable, context-sensitive verdicts responsive to contemporary socio-religious dynamics. In conclusion, the study advocates for Religious Courts to embrace contextual legal exegesis, especially in joint property splits and custody matters, while fostering a robust framework for religion-based divorces inspired by the Supreme Court's progressive precedents. Additionally, it urges harmonization of civil procedure in Religious Courts with Islamic values emphasizing maslahah (public welfare), ensuring procedural formalities do not undermine core substantive justice principles.
creator: Hanam Atmadja
rights: Copyright (c) 2026 Hanam Atmadja, Marie Albertine Djuikom https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-24
publication date: 2026-06-24
volume: 1
number: 1
starting page: 25
ending page: 53

Legal Reconstruction of Seizure of Collateral (Conservatoir Beslag) on Joint Property without a Divorce Suit
type: item
description: This study aims to reconstruct the legal framework for the seizure of joint property without a divorce suit, examining the philosophical, sociological, and legal implications of the application of the seizure in this context. The research methodology used is qualitative with a normative legal approach, including statutory and conceptual approaches, analyzing the legal basis, doctrine, and relevant court decisions. The results show that the absence of explicit regulations regarding the seizure of joint property without a divorce suit creates a legal vacuum that hinders the protection of marital assets. This obstacle often leads to injustice, especially for vulnerable parties, because joint assets can be transferred or misused before formal legal settlement. Therefore, a comprehensive legal reconstruction is needed to develop an adaptive and proactive model of seizure, capable of maintaining the integrity of joint property and ensuring distributive justice for both parties. This study concludes that strengthening the legal framework, both through revisions to laws and Supreme Court guidelines, is crucial to provide legal certainty and adequate protection for joint property outside the context of divorce, in line with the principle of protecting property rights in marriage. The implications of these findings underscore the need for harmonization between collateral law and marital property law to create more comprehensive protection for the assets of husbands and wives, both with and without a prenuptial agreement.
creator: Wahidah Faridah
creator: Sumarsiningsih
rights: Copyright (c) 2026 Wahidah Faridah, Sumarsiningsih https://creativecommons.org/licenses/by-sa/4.0
license: https://creativecommons.org/licenses/by-sa/4.0
date: 2026-06-24
publication date: 2026-06-24
volume: 1
number: 1
starting page: 54
ending page: 80