Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam

Living Law and the Digitalization of Communal Intellectual Property: The Dialectic of Customary Law and the National Data Center

Muhammad Citra Ramadhan — 2025-11-10

The digitization of Communal Intellectual Property (KIK) through the National Data Center is a strategic policy to prevent biopiracy and strengthen legal protection. However, this step presents a dilemma: providing formal legal certainty, but potentially shifting the living law that grows in the socio-cultural practices of indigenous communities. The objective and problem formulation are to analyze the interaction between the digitization of KIK and customary law, and to find solutions so that formal legal certainty can go hand in hand with the sustainability of living law. The theory and method used are Eugen Ehrlich's theory of living law, which emphasizes law as something alive in social interactions. The research method is a normative-critical approach with socio-legal analysis. The results show that the digitization of KIK is important for documentation and strengthening the legal position at the international level. However, there are risks of bureaucratization, homogenization, and state domination. Recommendations: build a community-based participatory system supported by blockchain technology, smart contracts, and recognition of customary law in national regulations.

The Involvement of Balinese Customary Law in Judicial Consideration (A Study of Supreme Court Decision Number 1331KPdt2010)

Najma Syamila — 2025-11-25

This study aims to analyze how Balinese customary law is accommodated in court decisions, particularly in Supreme Court Decision Number 1331/K/Pdt/2010, and its implications for the practice of gifts (hibah) and inheritance rights in society. The main research problem is how judges integrate customary law with national law within the context of legal pluralism. The research method employed is normative-juridical, using a systematic and historical analytical framework, complemented by a socio-legal approach to examine the social relevance of the decision. Research data are derived from court decisions as primary legal materials, relevant statutes and regulations as secondary legal materials, and academic literature and legal documents as tertiary supporting materials. The findings indicate that the judge’s considerations in the decision affirm recognition of Balinese customary law within the limits of national law, while emphasizing the importance of social context in gift and inheritance practices. In conclusion, integrating customary law into court decisions strengthens the implementation of legal pluralism in Indonesia, but requires further attention to harmonization with positive law to ensure inclusive justice.

Criminal Law Enforcement Against Corporate Forest Fires: A Perspective of Positive Law and Fiqh Jināyah

M. Ardhan Hakim Lubis — 2025-11-30

The main problem in this research is the weak enforcement of criminal law against corporations involved in land clearing through burning, which results in forest fires that have wide-ranging impacts on the environment and society. Although regulations such as the Environmental Protection and Management Act, the Forestry Act, and Supreme Court Regulation No. 13 of 2016 have stipulated corporate criminal liability, the practice of law enforcement still faces obstacles in terms of evidence, the lack of transparency in corporate command structures, and the minimal application of additional penalties such as license revocation and restoration obligations. This research aims to analyze the mechanisms of criminal law enforcement against corporations and to examine the practice of forest burning from the perspective of fiqh jināyah. Using a normative juridical method and descriptive-analytical analysis based on primary and secondary legal materials, this study evaluates the gap between legal norms and practice and offers a comprehensive approach through positive law and Islamic law. The findings indicate that national law has provided adequate criminal instruments; however, their implementation remains suboptimal. From the perspective of fiqh jināyah, forest burning constitutes a jarīmah ta‘zīr that violates the maqāṣid al-syarī‘ah, particularly the protection of life, property, and the environment, thereby granting the state strong legitimacy to impose firm sanctions oriented toward ecological restoration.

The Tradition of Paulak Tuhor Dohot Fines Due to the Cancellation of Khitbah in Sayur Maincat Village Reviewed from the Compilation of Islamic Law

Ikhlis Mayanti — 2025-12-04

This research is motivated by the lack of regulation regarding the sanction of cancellation of khitbah in the Compilation of Islamic Law (KHI), while the Mandailing community applies the Paulak Tuhor customary fine as a mechanism to restore family honor. The purpose of this study is to analyze the practice of Paulak Tuhor in Sayur Maincat Village, assessing its conformity with the principles of justice in customary law, Islamic law, and its implications for gender equality. This study uses qualitative methods through observation, semi-structured interviews with 8–10 indigenous and community leaders, and documentation, then analyzed using the Miles & Huberman model. The results of the study show that the cancellation of khitbah is seen as a violation of collective honor, giving rise to the obligation to return the tuhor along with a fine. Field findings show that sanctions are more often burdensome for women, including the obligation to return all grants and additional fines, resulting in disproportionate proportionality of sanctions. From KHI's point of view, Paulak Tuhor has no normative basis because KHI only regulates the return of existing prizes, without additional sanctions. However, in terms of living law, the community considers the customary sanctions as an instrument to maintain social harmony. This research contributes to the enrichment of the study of the integration of customary and Islamic law, showing the need for the reinterpretation of Paulak Tuhor to be in harmony with the principles of distributive justice and the human rights perspective. This study opens up opportunities for further research on the psychological impact of customary sanctions as well as a comparison of khitbah cancellation regulations in other indigenous communities in Indonesia and other Muslim countries.

Unlawful Endorsements: Examining Influencer Liability for Illegal Product Promotion

Fitrotun Nufus — 2025-12-04

The rapid expansion of digital technology and social media has transformed marketing practices, positioning influencers as central actors capable of shaping consumer perceptions and purchasing behavior. However, this shift has also generated new legal issues, particularly the increasing number of influencers endorsing illegal products such as unregistered cosmetics, unsafe supplements, and fraudulent investments. The main problem addressed in this study concerns the unclear legal position of influencers in promotional activities involving illegal products and the extent of their civil liability when consumers suffer harm as a result of misleading endorsements. This study aims to analyze the legal status of influencers as endorsers of illegal products under Indonesian civil law and to examine the forms of legal responsibility arising from their promotional activities. Employing a normative juridical method, the research utilizes statutory, conceptual, and case approaches, supported by primary legal materials including the Consumer Protection Law, the Civil Code, and the ITE Law and secondary sources such as academic journals, legal commentaries, and relevant case studies. Qualitative normative analysis is applied to interpret legal norms and construct arguments regarding influencer liability. The findings show that influencers can be classified as business actors when receiving economic benefits from endorsements, thus subject to consumer protection obligations. Endorsing illegal products constitutes an unlawful act due to negligence in verifying product legality, fulfilling the elements of civil liability under Article 1365 of the Civil Code. Therefore, influencers may be held responsible for consumer losses and are required to exercise caution, good faith, and compliance with advertising regulations when promoting products in the digital sphere.

Legal and Social Challenges of Marriages Involving Individuals with Mental Disorders in Rural Indonesia: A Case Study

Kobul Arif Nasution — 2025-12-06

This study explores the legal and social issues surrounding marriages involving individuals with mental disorders in rural Indonesia, focusing on a case in Dusun Jambu Tenang, Bilah Hulu District. The problem reflects broader global concerns about marital legality, mental competence, and the protection of vulnerable individuals within family law frameworks. Using a qualitative case study approach, the research analyzes how the Office of Religious Affairs (KUA) determines the validity of such marriages by examining institutional interpretations, administrative practices, and local community norms. Data were gathered through interviews with KUA officials, religious leaders, family members, field observations, and document analysis. The findings show that KUA Bilah Hulu places legal and mental capacity as core determinants of marital validity. Consistent with Indonesian Marriage Law and the Compilation of Islamic Law, the KUA maintains that a marriage is invalid when mental incapacity prevents a prospective spouse from providing conscious and voluntary consent. Therefore, medical or psychiatric assessment becomes essential whenever indications of mental disorders arise. However, the absence of detailed technical guidelines, limited mental-health services in rural settings, and strong sociocultural pressures often hinder proper verification. This case contributes to global discussions on the rights of persons with psychosocial disabilities, particularly regarding free and informed consent as emphasized in the Convention on the Rights of Persons with Disabilities (CRPD). The study highlights the need for clearer regulatory mechanisms and stronger cross-sector collaboration to ensure legal protection and prevent forced or invalid marriages.

Reconstructing Qiwāmah and Wilāyah in the Shāfiʿī Legal Tradition: Toward a Reform of Islamic Family Law in Indonesia

Bisri Ali Mustofa — 2025-12-06

This study addresses an epistemological problem in Indonesian Islamic family law, which remains rooted in the classical Shāfi‘ī jurisprudential framework. The Compilation of Islamic Law (KHI), serving as the formal reference for Muslim family law, reproduces patriarchal paradigms through the concepts of qiwāmah (male leadership), nusyūz (wife’s disobedience), and wilāyah (male guardianship). These notions reinforce gender hierarchy and create tension between classical jurisprudential interpretations and modern principles of equality as guaranteed by the Constitution and international conventions such as CEDAW. Using a qualitative library research approach and a maqāṣidī-hermeneutical analysis, this study reinterprets classical legal texts through the lens of maqāṣid al-sharī‘ah (the higher objectives of Islamic law), emphasizing justice (al-‘adl), welfare (al-maṣlaḥah), and human dignity (karāmah insāniyyah). Primary sources such as al-Māwardī’s al-Hāwī al-Kabīr and al-Ḥusnī’s Kifāyat al-Akhyār are examined alongside the maqāṣid frameworks of al-Syāṭibī, Ibn ‘Āshūr, and Jasser Auda. The findings reveal that through a maqāṣid-based reinterpretation, qiwāmah becomes a shared responsibility (takāful), nusyūz is reframed as relational dysfunction requiring reconciliation (ishlāḥ), and wilāyah transforms into a protective-administrative function rather than patriarchal authority. This reconstruction yields a model of responsive maqāṣidī fiqh, an adaptive Islamic legal system that aligns with social transformation and upholds justice and gender equality in family life.

Legal Protection of the Fulfillment of Workers' Rights in Industrial Relations Disputes (Case Study of Pt New Era Rubberindo Gresik)

Shafira Kusuma Ramadhani — 2025-12-06

Industrial relations disputes remain one of the most persistent problems in Indonesia’s labor governance, particularly regarding the fulfillment of workers’ fundamental rights. This study examines the issue of weak legal protection experienced by workers in industrial relations disputes, as reflected in the case of PT New Era Rubberindo Gresik, where workers’ rights to wages, severance pay, and social security were not fulfilled despite a court decision. The main objective of this research is to analyze the forms of legal protection guaranteed under Law Number 13 of 2003 on Manpower, Law Number 6 of 2023 on Job Creation, and Industrial Relations Court Decision Number 706 K/Pdt.Sus-PHI/2022, as well as to evaluate the effectiveness of dispute resolution mechanisms in ensuring compliance with these provisions. This research employs a normative juridical method with statutory and case approaches. Primary data consist of labor regulations and the PHI decision, while secondary data consist of academic literature on labor law. Data were analyzed descriptively and qualitatively to assess the consistency between legal norms and their implementation in practice. The findings indicate that legal protection for workers includes both substantive and procedural guarantees, but their implementation remains weak due to low corporate compliance and inadequate government oversight. In the case of PT New Era Rubberindo Gresik, the company failed to execute the PHI ruling despite having permanent legal force, demonstrating structural deficiencies in enforcement mechanisms. The study concludes that strengthening supervisory functions, applying firm administrative sanctions, and enhancing the role of labor unions are essential to ensure effective protection of workers’ rights in industrial relations disputes.

Criminal Law Analysis of online Pornography Distribution on Social Media under Indonesia’s Pornography Law No. 44/2008

Saferius Ndruru — 2025-12-08

Pornography has a negative impact on human life, so joint efforts are needed to combat it. The Criminal Code and Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE) and Law No. 44 of 2008 concerning Pornography as lex specialis contain criminal law provisions related to the distribution of pornographic videos on social media. This study uses a normative legal research method. The results of the analysis show that both individuals and legal entities that distribute pornographic content can be punished, either directly or through the internet. The findings of the study are that perpetrators of the distribution of pornographic material can be punished, but there are several loopholes that hinder the effectiveness of law enforcement. First, there is inconsistency between Law No. 44 of 2008 concerning Pornography and Law No. 11 of 2008 concerning Electronic Information and Transactions (ITE), which often causes confusion in law enforcement. Second, weak digital detection mechanisms hamper the ability of law enforcement officials to identify and prosecute perpetrators quickly and effectively. This study also analyzes the components of cyberporn crimes as defined in Law No. 44 of 2008. The focus is on identifying the factors that drive the spread of illegal pornographic content and evaluating its social, psychological, and moral impacts, especially on the younger generation.

Reconstructing the Epistemology of MUI Family Law Fatwas: Integrating Ushul Fiqh, Maqāṣid, and Social Context

Adi Harmanto — 2025-12-08

The fatwas of the Indonesian Ulema Council (MUI) in the field of family law play an important role in shaping the religious direction of the people, but are often formulated without an explicit, transparent, and academically verifiable process of istinbāṭ. Although many fatwas refer directly to the Qur'an and Sunnah, these references are often not accompanied by open ushuliyyah reasoning, causing the fatwas to appear normative rather than the result of scientifically responsible legal construction. This article investigates the epistemic structure of five MUI fatwas on divorce, marriage guardianship, child custody, polygamy, and interfaith marriage that were not responded to with fatwas, using a normative-critical approach based on ushul fikih and maqāṣid al-sharī‘ah. The results show that most fatwas use nash arguments directly, but do not explain the stages of istidlāl, such as qiyās, istiḥsān, istiṣlāḥ, or sadd al-dzarī‘ah. This indicates an epistemic disconnect between authoritative sources and the process of legal reasoning, which implies weak scientific legitimacy and low social and gender sensitivity in fatwa rulings. In response, this article offers an integrative istinbāṭ model based on four main nodes: naṣṣ, istidlāl, maqṣad, and context, as an effort to reconstruct a more ethical, adaptive, and responsible fatwa methodology. By simultaneously operating the frameworks of ushul fikih, maqāṣid al-sharī‘ah, and ijtihad epistemology, this model not only strengthens the methodological accountability of fatwa institutions, but also opens new horizons for fatwas that are fair in meaning and socially relevant in facing the complexities of contemporary Muslim families.

From Punitive to Rehabilitative: Transformation of Juvenile Justice through Evidence-Based Diversion Models in Indonesia, Malaysia and Vietnam

Aulia Dewi Salindri — 2025-12-08

This comparative study analyzes the paradigm shift in juvenile justice from a punitive approach to a rehabilitative one through the implementation of evidence-based diversion models in Southeast Asia. Using a comparative-empirical method on the juvenile justice systems in three ASEAN countries (Indonesia, Malaysia, and Vietnam), this study identifies patterns of convergence and divergence in the adoption of diversion. Findings show that countries with the integration of local cultural values in diversion models can reduce recidivism, compared to conventional approaches. Key success factors include: harmonization of national legislation with international standards. This study proposes an ASEAN Integrative Diversion Framework (FDIA) that accommodates socio-legal diversity while maintaining minimum standards for child protection. Policy implications include the need for regional harmonization through the ASEAN Declaration on Restorative Justice for Children and the establishment of a peer review mechanism to ensure consistent implementation across the region.

Implementation of Legal Protection for Victims of Domestic Violence in the Decision of the Probolinggo Religious Court Number 55/Pdt.G/2024/PA.Prob

Muhammad Ghozali — 2025-12-09

This study discusses the implementation of legal protection for victims of Domestic Violence (KDRT) within the framework of Satjipto Rahardjo’s Progressive Law Theory, through a case study of Decision No. 55/Pdt.G/2024/PA.Prob of the Religious Court of Probolinggo. The focus of this research is to examine how the judges applied the principle of substantive justice by determining retroactive child support payments as a form of legal protection for victims of domestic neglect. This research employs a normative juridical method with a case approach, analyzed qualitatively through the study of statutory regulations, legal doctrines, and court decisions. The findings show that the judge implemented repressive legal protection by obliging the father to pay retroactive child support for fourteen months, amounting to Rp18,000,000.00. This decision demonstrates a judicial stance favoring children and mothers as victims of neglect, while also reflecting the realization of substantive justice. Nevertheless, the protection provided is not yet comprehensive, as it does not cover preventive aspects such as family counseling, post-judgment protection, or rehabilitation for the perpetrator. Within the framework of Progressive Law, law should not merely focus on punishment or formal compliance, but should also serve as an instrument of restoration and human emancipation from social suffering. Therefore, there is a need for integration between preventive and repressive protection, as well as synergy among legal, social, and psychological institutions, to ensure that legal protection for victims of domestic violence within the Religious Courts becomes more just and sustainable.

Law Enforcement Against Insurance Agency Workers in Criminal Cases of Signature Forgery

Robby Malaheksa — 2025-12-09

Insurance agents play a vital role in insurance companies and serve as the spearhead of insurance marketing. In practice, during the signing process of insurance product participation forms, signature forgery is often committed by insurance agents. This is typically done to expedite data processing and accelerate the approval of applications in pursuit of sales targets. This research employs a normative juridical and empirical juridical approach. The data is analyzed qualitatively. The research findings indicate that law enforcement against insurance agents in cases of signature forgery is still based on Article 263 of the Indonesian Penal Code (KUHP), rather than the principle of lex specialis derogat legi generalis, such as Article 78 of Law Number 40 of 2014 concerning Insurance because insurance agents are not company officials but third parties representing the company. Legal enforcement is hampered by non-compliance with established procedures and regulations across various levels of the criminal justice system, preventing the full realization of legal principles. Moreover, law enforcement officials often lack precision in legal interpretation and application. The study suggests that the government needs to create implementing regulations for Law No. 40 of 2014 concerning insurance

Legal Implications of Supreme Court Decision No. 396 K/Pdt.Sus/2010: Case Study of Special Civil Dispute Resolution and Protection of the Rights of the Parties

Gracia Cindy Stefanie — 2025-12-10

Supreme Court Decision Number 396 K/Pdt.Sus/2010 constitutes a fundamental jurisprudence affirming restrictive interpretation towards arbitral award annulment mechanisms in Indonesia. This research aims to analyze the Supreme Court's ratio decidendi in adjudicating the BANI award annulment case, identify juridical implications on parties' rights protection, and formulate ideal construction for arbitral award annulment regulation ensuring legal certainty and justice. Normative juridical research method with statutory, case, and conceptual approaches was employed to analyze Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution and court decisions as research objects. Research findings demonstrate that the Supreme Court consistently applies limited judicial review principle by affirming Article 70 as the sole basis for arbitral award annulment, rejecting arguments of Article 54 and 57 violations which contain no nullity sanctions. This decision provides fundamental correction to formal legal application error in utilizing court order (determination) in contentious cases which should have been rendered as judgment (putusan) with panel examination. Legal implications encompass strengthening non-intervention principle, recognition of party autonomy in procedural agreements, and necessity for comprehensive documentation of arbitration hearing schedule modifications to guarantee legal certainty and parties' rights protection in commercial dispute resolution.

Penal Mediation in Handling Domestic Violence Cases: An Indonesian and Bangladeshi Criminal Law Perspective

Agus Dimas Saputra — 2025-12-11

This study aims to analyze the application of penal mediation in handling domestic violence cases through a comparison between Indonesian and Bangladeshi criminal law. The focus is to assess the effectiveness of penal mediation as an instrument of restorative justice and to identify obstacles and opportunities for its strengthening. The method used is normative juridical with a legislative and conceptual approach. Data was obtained through a literature study of relevant legal regulations, doctrines, and scientific literature to examine the legal basis and application of penal mediation in domestic violence cases in both countries. The novelty of this research lies in its cross-country comparative analysis between Indonesia and Bangladesh in the context of penal mediation in domestic violence cases. This approach enriches the perspective of restorative justice and provides concrete recommendations for the reform of the Indonesian legal system. The results of the study show that Indonesia does not yet have a strong legal basis because penal mediation is only regulated through a Circular Letter from the National Police Chief and a Regulation from the Attorney General's Office, while Bangladesh has established it in the Domestic Violence Act 2010 and the Village Courts system. Both countries face similar obstacles in the form of gender bias, power imbalances, and weak victim protection. The Conclusion Criminal mediation has the potential to be an effective mechanism for resolving domestic violence cases when implemented based on the principles of restorative justice. However, regulatory strengthening, capacity building for mediators, and post-mediation supervision are needed to ensure substantive justice and comprehensive protection for victims

The Effectiveness of Mediation through Problem Solving in the Case of Infidelity Perspective Analysis on Islamic Family Law

Ramadhani Islami Putri — 2025-12-13

Infidelity is one of the dominant causes of divorce that causes deep emotional wounds and cannot be resolved through a formal legal approach alone. Although mediation is mandatory in divorce cases, the practice in the Religious Court is still formalistic and lacks a focus on the psychological problems of the parties, thus creating a research gap regarding the effectiveness of substantive mediation. The purpose is to analyze the extent to which the problem solving approach can increase the effectiveness of infidelity case mediation and assess its conformity with the principle of islah in Islamic family law. The research uses normative-legal research through statute approach and conceptual approach, by examining PERMA No. 1/2016, the Marriage Law, KHI, mediation theory, conflict theory, ishlah concept, and Religious Court decisions. The findings suggest that problem solving is effective in uncovering emotional needs, easing conflict escalation, and facilitating reflective dialogue that is not achieved in procedural mediation, while also being in line with the values of ishlah that emphasizes relationship restoration and family well-being. This article recommends strengthening the mediation model based on conflict psychology and sharia values through the integration of problem solving modules in the guidelines for religious justice mediation.

Criminal Responsibility of Perpetrators of Human Trafficking in Cambodia from the Perspective of Indonesian and International Law

Meila Sabrina Abdila Rahma — 2025-12-19

This study aims to analyze policies and criminal liability related to human trafficking in Cambodia from the perspective of Indonesian and international law, while identifying key obstacles to law enforcement. Employing a normative legal approach combined with a comparative approach, the research examines the legal provisions of Indonesia Cambodia and international instruments, particularly the Palermo Protocol 2000. This study brings a new insight by focusing on its comparative analysis within the ASEAN regional context, emphasizing the impact of institutional corruption and corporate impunity on the ineffectiveness of criminal liability enforcement in Cambodia issues that remain underexplored in prior research. The result reveal that although Cambodia has established a comprehensive legal framework, its implementation is hindered by systemic corruption, government complicity with trafficking networks, and weak cross-border cooperation. In contrast, Indonesia demonstrates more advanced mechanisms for corporate accountability and victim protection. The study concludes that human trafficking in Cambodia persists due to institutional weaknesses and lack of accountability among public officials. Therefore, it recommends strengthening ASEAN judicial cooperation, enhancing law enforcement capacity, and implementing transparent accountability mechanisms to improve the effectiveness of anti-trafficking law enforcement.

Evaluating the Effectiveness of Indonesia’s Anti Money Laundering Framework: A Normative Legal Analysis

Annisa Putri Haryadi — 2025-12-20

Money laundering continues to expose regulatory and institutional gaps within Indonesia’s financial surveillance architecture, particularly in the effectiveness of PPATK’s analytical functions and the coordination of enforcement agencies. This study therefore aims to examine the adequacy of Indonesia’s anti–money laundering (AML) framework, identify weaknesses in its preventive and enforcement mechanisms, and propose policy reforms. Using a normative juridical method, the research analyses statutory provisions, primarily Law No. 8 of 2010 together with secondary legal scholarship and tertiary reference materials. The analysis employs legal system theory and the concept of regulatory effectiveness to assess how far Indonesia’s AML regime aligns with national objectives and international standards. The findings demonstrate persistent shortcomings, including fragmented inter-agency cooperation, inconsistent implementation of KYC obligations, and increased exploitation of financial technology to bypass regulatory controls. Although mechanisms such as asset recovery and the reversal of the burden of proof strengthen enforcement, practical constraints limit their optimal use. The study concludes by recommending enhanced institutional synergy, the modernisation of digital tracing tools, and strengthened public and industry literacy on AML compliance as essential steps to improving Indonesia’s capacity to combat money laundering.

Legal Dynamics of Child Determination in Marriage That Are Not Recorded From the Perspective of Islamic Law

Hidayatul Adilla — 2025-12-25

This study discusses legal issues related to the status of children born from marriage that are not recorded at the Office of Religious Affairs (KUA) as described in case Number 15/Pdt.P/2024/PA. Sdn in the Religious Court. This problem can be seen in the gap between the legality of religious marriage and the administrative legality of the state, which has an impact on the ambiguity of the nasab and the protection of children's civil rights. The rights of children that should be guaranteed by the state such as the right to name and identity, the right to obtain a birth certificate, the right to support from the father, the right to inherit, and the right to guardianship are not optimally protected. This study aims to find out the legal considerations of the panel of judges in determining the origin of children in the case and analyze the views of Islamic law regarding the status of children due to unrecorded marriages. This study uses a qualitative method with a normative juridical approach and field research, with primary data sources in the form of copies of court documents and interviews with judges, as well as secondary data from Islamic legal literature and laws and regulations. The results of the study showed that the judge considered evidence such as DNA test results, identity documents, and witness statements as the basis for determining the child to be a legitimate child, based on Article 43 paragraph (1) of Law No. 1 of 1974 and Constitutional Court Decision No. 46/PUU-VIII/2010. In the perspective of Islamic law, the child still has a nasab to his father because the marriage is religiously valid, and in his consideration, the judge is in line with the values of sharia maqashid, especially hifz al-nasl (protection of offspring), hifz al-nafs (protection of life), hifz al-'ird (protection of honor), hifz al-mal (protection of property) and hifz al-din (protection of religion). This research recommendation emphasizes the importance of marriage registration in KUA as a form of legal protection for children's rights and efforts to realize legal certainty for families.

Handling Violations of Election Administration in 2024 in the Perspective of the Principle of the Rule of Law in Lampung Province

Amelia Jaya Putri — 2025-12-29

The implementation of the 2024 Election in Lampung Province is still faced with various administrative violations, such as the inaccuracy of the Permanent Voter List (DPT), the use of voting rights not according to domicile, and indications of vote manipulation. This condition has the potential to hurt the principle of the rule of law, reduce the legitimacy of elections, and weaken public trust in election organizers. This study aims to identify forms of violations of the administration of the 2024 Election in Lampung Province, analyze the mechanism for handling them by the Election Supervisory Agency (Bawaslu), and assess the implementation of the principle of the rule of law in the process. This study uses a qualitative method with a normative-empirical approach. The data was obtained through interviews with the KPU and the Metro City Bawaslu as well as a documentation study of Law Number 7 of 2017, PKPU Number 15 of 2024, Perbawaslu Number 9 of 2024, and election supervision reports. The results of the study show that administrative violations still have a significant impact on the legitimacy of elections due to the weak accuracy of voter data, limited human resources, and suboptimal institutional coordination. This study recommends strengthening the capacity of Bawaslu, increasing the transparency and accountability of the KPU, consistent law enforcement, and optimizing information technology in election supervision.

Mono-Dualistic Theory and the Principle of Balance: A Conceptual Framework for Criminal Law Reform in Indonesia

Shulhan Iqbal Nasutioon — 2025-12-29

Criminal law reform in Indonesia is confronted with a fundamental challenge in reconciling legal certainty with substantive justice, particularly in light of the inadequacy of the colonial-era Criminal Code to address the complexities of contemporary society. The persistence of rigid formalism, coupled with emerging forms of crime and evolving social values, underscores the need for a more balanced and contextual criminal law framework. This study aims to analyze the relevance of mono-dualistic theory and the principle of balance as a conceptual foundation for Indonesian criminal law reform, as well as to examine their implementation within the New Criminal Code enacted through Law No. 1 of 2023. Employing a juridical-normative research method, this study utilizes conceptual, statutory, and comparative approaches to examine legal norms, doctrines, and criminal law practices. The findings demonstrate that mono-dualistic theory effectively functions as a mediating framework between legal certainty and substantive justice by integrating formal legal norms with socio-philosophical values. This integration is reflected in progressive criminal justice mechanisms, including diversion, conditional sentencing, and restorative justice, which emphasize proportionality, human dignity, and social harmony. The study contributes to the development of criminal law scholarship by affirming that the principle of balance constitutes a central normative guideline for enhancing the legitimacy of punishment and directing Indonesian criminal law reform toward a more humanistic, adaptive, and value-oriented legal system.

Reinterpreting Ikhtilat in Generation Z: A Review of Islamic Law on Pre-Wedding Photo Poses

Muhamad Andriyanto — 2025-12-30

The phenomenon of pre-wedding photography has now become a widespread social trend among Generation Z. However, this practice has sparked religious debate because it is considered to contain elements of ikhtilat, tabarruj, and khalwat which are prohibited in Islamic law. In relation to this, there has been no study on Gen Z's understanding of ikhtilat in the context of digital visual culture. This study aims to analyze Generation Z's understanding of the meaning of ikhtilat in pre-wedding photo poses and review the practice from an Islamic legal perspective and propose a form of reinterpretation of ikhtilat values that are relevant to the development of contemporary visual culture. The study used a qualitative method with a case approach and a conceptual approach, through interviews with five informants who had taken pre-wedding photos, and used social change theory and social fiqh theory as an analytical basis. The results show that Generation Z's understanding of ikhtilat varies, some understand it normatively as a form of violation of sharia, while others interpret it contextually as a negotiation of religious and cultural values. Recommendations for poses that do not ignore Islamic law, such as not being close to each other, holding hands, wearing modest clothing/covering the private parts, not looking at each other, and not showing other forms of intimacy.

Law Enforcement Against Perpetrators of Shooting Minors (Case Study in Galuh City Village, Perbaungan District, Serdang Bedagai

Khairun Nizam — 2025-12-30

The shooting of minors in Kota Galuh Village, Perbaungan Subdistrict, Deli Serdang Regency, has raised public concern about law enforcement in Indonesia, especially when the perpetrators are civilians and allegedly involve members of the Indonesian National Armed Forces (TNI). This article aims to analyse the form of law enforcement against the perpetrators, examine obstacles in the legal process, and evaluate coordination among law enforcement agencies. The method used is an empirical legal approach with data collection techniques through interviews and documentation. The study findings indicate that there are differences in the handling of civilian perpetrators who have been apprehended and the alleged involvement of two TNI personnel who have not been processed transparently. This article recommends the need for synergy between law enforcement agencies and military institutions to ensure justice without discrimination.

Validity of Electronic Signatures in Digital Agreements: An Analysis of the Application of the Intellectual Property Law and the Civil Code in E-Commerce Transactions

Muhammad Rizky Aji Perdana — 2025-12-30

The development of e-commerce encourages the increasing use of digital agreements that rely on electronic signatures as a tool to ratify agreements between the parties. The main problem that arises is the weak legal certainty related to the validity of electronic signatures, especially in the context of proving digital transaction disputes, even though it has been normatively recognized in the Civil Code and the Electronic Information and Transaction Law (UU ITE). This study aims to analyze the validity of electronic signatures in digital agreements in e-commerce transactions in Indonesia and assess the extent to which existing legal arrangements are able to provide legal certainty. This research uses a qualitative method with a type of normative legal research through a legislative approach and a conceptual approach. The data source consists of primary legal materials in the form of laws and regulations, as well as secondary legal materials in the form of legal literature, journal articles, and previous research collected through literature studies. The results of the study show that electronic signatures have legal force as long as they meet the requirements of the agreement according to Article 1320 of the Civil Code and the provisions of the ITE Law, but in practice they still face obstacles to proof, the reliability of electronic systems, and low digital legal literacy. Therefore, this study recommends strengthening technical regulations, increasing the role of certification bodies, and increasing digital legal literacy to ensure legal certainty and protection of parties in e-commerce transactions.

Legal Protection for Consumers in the Pre-Order System in the Marketplace Related to Defaults Based on Indonesian Law Provisions

Fitri Janti Katili — 2025-12-30

The development of e-commerce in Indonesia has changed people's shopping patterns to online, including a pre-order system that offers convenience for consumers without physical meetings. However, this convenience also poses risks, such as product non-conformity, fraud, and default from the seller. This study aims to analyze the form of legal protection for consumers in pre-order transactions in the marketplace based on the provisions of Indonesian law. The method used is normative juridical with a literature study approach, analyzing laws and regulations, legal literature, and court decisions related to electronic transactions and consumer protection. The results of the study show that electronic contracts on the marketplace are subject to the principle of pacta sunt servanda and the principle of engagement in the Civil Code, especially Articles 1320, 1338, 1457, and 1243 concerning default. The seller is obliged to fulfill the obligation to deliver the goods according to the agreement, and the consumer has the right to claim compensation in the form of costs, losses, and interest in the event of default. Consumer legal protection is strengthened by Law No. 8 of 1999 concerning Consumer Protection, the ITE Law, and Government Regulation No. 71 of 2019. Thus, the electronic contract mechanism and existing legal regulations are the basis for enforcing consumer rights and ensuring the responsibility of business actors in online transactions. This research emphasizes the importance of consumer digital literacy as well as the fulfillment of sellers' obligations to minimize disputes and risks in online commerce.

Criminal Aspects of Drug Abuse in Indonesia (Normative Juridical Analysis)

Tarmizi — 2025-12-31

Drug abuse is an extraordinary crime with multidimensional impacts on society, encompassing legal, social, and public health aspects. The increasing number of drug users each year indicates that existing criminal law policies are not yet fully effective in comprehensively preventing and addressing drug crimes. This research aims to analyze the criminal aspects of drug abuse using normative legal research methods based on legislative and conceptual approaches. The study examined Law Number 35 of 2009 concerning Narcotics, as well as various legal literature and previous research findings. The results of this study confirm that criminal law in drug abuse must be implemented in a balanced manner, combining repressive and rehabilitative aspects. The state needs to firmly enforce the law against drug dealers and producers, but is also obligated to provide protection and rehabilitation for users who become dependent. A proportional approach between criminal sanctions and rehabilitation will achieve substantive justice, reduce prison overcrowding, and create a more humane legal system oriented toward social recovery.

Contemporary Ijtihād in Islamic Law: A Comparative Fiqh Analysis of the Indonesian Ulama Council (MUI) Fatwa on the Stoning of the Jamārāt during the Days of Tashrīq

A. Zaeini Misbaahuddin Asyuari — 2025-12-31

High crowd density during the Hajj pilgrimage, particularly during the ritual of stoning the jamarāt (ramy al-jamarāt) in Mina, poses serious safety risks for pilgrims, especially Indonesian pilgrims who are predominantly categorized as high-risk due to advanced age and health conditions. Responding to this challenge, this study examines the implementation of ramy al-jamarāt during the Days of Tashrīq from the perspective of contemporary Islamic legal ijtihād, focusing on the 2024 Fatwa issued by the Indonesian Council of Ulama (Majelis Ulama Indonesia, MUI) at the 8th Ijtimā‘ Ulama, which permits the ritual to be performed before dawn under certain conditions. This research adopts a qualitative library-based method using a comparative fiqh approach. Primary data consist of the official 2024 MUI Fatwa document, supported by classical fiqh literature from the four Sunni schools of law and contemporary scholarly works. Data are analyzed through content analysis to assess the legal reasoning underlying the fatwa. The findings indicate that Islamic jurisprudence provides legal flexibility through the principle of rukhsah (legal concession), allowing ramy al-jamarāt to be performed before zawāl when necessary, although the most virtuous time remains after zawāl. The permissibility is supported by the Ḥanafī school, early scholars, and contemporary jurists emphasizing the protection of life (ḥifẓ al-nafs) and the prevention of harm (darar). Accordingly, the MUI fatwa reflects a contextually responsive form of contemporary ijtihād for modern Hajj management.

Echo Chambers on TikTok and the Construction of Ideal Partner Standards among Muslim Gen Z Women in Solo Raya: A Kafa’ah-Based Analysis

Ananda Maida Septiana — 2025-12-31

The development of algorithm-driven social media, particularly TikTok, has fostered selective exposure patterns that contribute to the formation of echo chambers in information consumption. This phenomenon influences how individuals construct preferences and standards in various aspects of life, including partner selection. This study examines the role of TikTok echo chambers in shaping ideal partner standards among Generation Z Muslim women in Solo Raya City, using the concept of kafa'ah in fiqh munakahat as an analytical framework. The research employs a qualitative approach using netnography and questionnaires focused on TikTok content related to relationships and marriage. Empirical data were collected from 69 Muslim women from Generation Z residing in Solo Raya. The data were analyzed using thematic analysis to identify patterns of algorithmic exposure and the construction of ideal partner criteria. The findings indicate that TikTok’s algorithm reinforces specific partner preferences through repeated narratives that emphasize religiosity, economic stability, emotional maturity, and lifestyle compatibility. Continuous exposure to such content normalizes these criteria and embeds them in respondents’ perceptions as ideal standards for partner selection. As a result, the traditional understanding of kafa'ah experiences a shift and expansion, shaped by contemporary digital media dynamics rather than solely classical juridical considerations. This study concludes that echo chambers on TikTok play a significant role in shaping ideal partner standards among Gen Z Muslim women. Therefore, strengthening digital literacy and critical religious understanding is essential. Practically, these findings may inform the development of digital literacy policies and premarital education programs that are responsive to the challenges posed by algorithm-driven digital culture.

Trends in OJK SLIK Audits and Their Relevance to Prenuptial Agreements from a Family Law Perspective

Risma Dwi Cahya — 2025-12-31

This study addresses the growing problem of marital conflict and divorce triggered by financial issues, particularly undisclosed debts and the lack of financial transparency prior to marriage. The research aims to analyze the urgency and relevance of premarital examinations of the Financial Information Service System (SLIK OJK) in relation to prenuptial agreements from the perspective of Islamic family law. Employing a qualitative phenomenological approach grounded in the framework of ahwāl al-syakhsiyyah and maqāṣid al-syarī‘ah, the study examines how SLIK OJK functions as a preventive instrument for managing financial risk, protecting property (ḥifẓ al-māl), and preventing harm (dar’ al-mafāsid) within marriage. The findings indicate that premarital SLIK OJK examinations provide an objective basis for drafting prenuptial agreements, particularly in regulating the separation of assets and debts, enhancing mutual trust, mitigating bankruptcy risks, and reducing potential financial disputes after marriage. From an Islamic legal perspective, this emerging practice is considered normatively legitimate as it promotes family welfare (maṣlaḥah al-usrah) and aligns with the objectives of Islamic law. Therefore, this study recommends the formulation of clearer legal and ethical guidelines to govern the use of SLIK OJK information in premarital contexts, ensuring legal certainty, data protection, and harmonious marital relations.

Interfaith Marriage from the Perspective of Fiqh and Marriage Law in Indonesia: Problems and Legal Solutions

Rasyid Muzhar — 2025-12-31

Interreligious marriage remains a complex and debated issue within religious and legal frameworks. In Indonesia, where religious identity strongly shapes social and legal structures, such marriages face challenges including legal uncertainties, social stigma, and religious prohibitions. This study is urgent because it provides a deeper understanding of the legal boundaries and solutions needed to address issues arising from the growing phenomenon of interreligious marriage. Using a qualitative method through observation and interviews in Mataram City, this research explores religious views, societal perceptions, causative factors, legality, and legal solutions related to interfaith unions. Although state law provides space for interfaith marriage, significant obstacles persist due to religious teachings emphasizing unity of faith, as well as social and cultural norms that often do not support it. Major religions in Indonesia Islam, Christianity, Hinduism, and Confucianism generally encourage marriage within the same faith, yet awareness of religious pluralism continues to develop, opening possibilities for interfaith unions. Factors driving this phenomenon include love, social tolerance, and shifting social dynamics that increasingly accept diversity. Despite challenges, particularly regarding child-rearing and religious education, legal measures such as educating couples about their rights, providing religious guidance, and fostering tolerance can support harmonious interfaith households. Therefore, despite its complexity, approaches that promote interfaith dialogue, respect for human rights, and fair legal protection can offer constructive solutions for building harmonious relationships among interreligious couples in Indonesia.

The Effectiveness of Articles 374 and 378 of the Indonesian Criminal Code in Dealing with Corporate Internal Fraud: A Legal Analysis of Corporate Losses

Mashendra Mashendra — 2025-12-30

The classification of nusyuz resolution in sacred texts, coupled with a conceptual void in Indonesian Internal fraud within the company is a serious threat to the sustainability of the organization and economic stability, especially if it is committed by employees or managers who take advantage of positions of trust. This study aims to analyze the application and effectiveness of Articles 374 and 378 of the Indonesian Criminal Code in dealing with internal fraud and protecting corporate financial losses. Using normative juridical methods, this study applies a legal approach and court decisions to examine relevant criminal provisions and court decisions related to embezzlement and fraud in the corporate environment. The analysis shows that Article 374 of the Criminal Code is applied more frequently and effectively because of its clear focus on the abuse of authority arising from employment relationships. In contrast, Article 378 faces significant challenges in practice, particularly in proving fraudulent intent and subjective elements in routine corporate transactions. These findings suggest that the existence of criminal norms alone is not enough to ensure effective protection against internal corporate fraud.

Jurimetric Analysis of Child Support Determination in Indonesian Islamic Family Courts

Jayusman Jayusman — 2025-12-31

This study examines the judicial considerations in Decision Number 806/Pdt.G/2022/PA.Gdt regarding child support after divorce. Generally, court rulings in Indonesia have tended to stipulate a fixed amount of child support. However, in this decision, the judge implemented a progressive scheme for child support. The primary focus of this research is a jurimetric analysis of the judge’s reasoning in Decision Number 806/Pdt.G/2022/PA.Gdt. The objective of this study is to understand and analyze the jurimetric theory applied to the judge’s considerations in this decision concerning post-divorce child support. This research is a library study that applies jurimetric theory to analyze judicial decisions, with the primary data being the decision from the Gedong Tataan Religious Court, Decision Number 806/Pdt.G/2022/PA.Gdt. The data was analyzed to draw conclusions. The study concluded that the judicial reasoning in this case reflected a progressive approach to post-divorce child support, in line with jurimetric theory. The child support ordered in this decision increased annually, in accordance with the child’s age and evolving needs. This determination highlighted the importance of ensuring the child’s reasonable welfare, which needed to be carefully calculated based on both the father’s financial capacity and the child’s developmental needs. The recommendation of this study is for judges to use jurimetric theory when analyzing child support amounts post-divorce in order to achieve a just decision.

Rethinking Elderly Caregiving In Javanese Patriarchal Culture Through Maqāṣid Al-Sharīʿah Gender Justice And Sustainable Family Care

Misbahul Munir — 2025-12-30

This research examines elderly caregiving practices in Javanese society, using case studies from Wonogiri and Jombang Regencies, through an integrative framework that combines Javanese customary values, critical gender analysis, and Maqashid al-Shari’ah. The study finds that while values such as ngopeni, andhap asor, and mbales budi represent a strong relational ethic of respect and intergenerational care, their operationalization within modern patriarchal family structures has normalized gender inequality. Daughters are systematically positioned as primary caregivers, performing intensive physical, emotional, and social labor that remains largely invisible and undervalued, whereas sons' roles are often limited to financial support. This feminization of care is reinforced by cultural narratives that frame it as a natural feminine duty and a form of filial piety (bakti), thereby silencing criticism of intra-familial injustice. Using Maqashid al-Shari’ah principles—including justice (al-‘adl), removal of hardship (raf‘ al-haraj), and protection of life, intellect, and resources (hifz al-nafs, hifz al-‘aql, hifz al-mal)—the study critiques caregiving practices that impose unequal burdens and proposes a reinterpretation of Javanese values toward a more equitable and sustainable model. It concludes that achieving just elderly care requires redistributing caregiving responsibilities within families, recognizing unpaid care work as valuable socio-economic labor, and strengthening structural support from the state and community. This research contributes to interdisciplinary discussions on care, gender, and Islamic ethics by offering a culturally grounded normative framework for transforming caregiving into a practice of collective justice and human dignity.