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Understanding the methods used by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI) is important to be understood by the public in order to gain stronger confidence in the implementation of its fatwa. Of the various methods of determining law or ijtihad, one of the ones used by DSN-MUI is Istishab. The purpose of this study is to analyze the application of the Istishab ijtihad method in determining fatwas in DSN-MUI, especially fatwa on rahn tasjily and rahn emas. The research method used uses a Qualitative method with a normative juridical approach that uses secondary and analytical descriptive data as the data analysis technique used. The results of this study state that one of the legal sources used by DSN-MUI in formulating its fatwa is istishab. In general, in the application of istishab in its fatwa, DSN-MUI in most of its fatwas uses the rules derived from isitishab in the form of the law of origin of muamalat is permissible. However, there are two fatwas that clearly show the use of istishab in the issuance of fatwa, namely in Fatwa D about Rahn Emas and Rahn Tasjily. In both fatwas, the elements that become the harmony and conditions in the use of istishab as a legal evidence have been fulfilled, both of which are related to rahn in general that have taken place in the past, which then these postulates are used to determine the applicability of the rahn law in the present time which is used in the form of golden rahn and rahn tasjily. In addition, it also uses derivative rules from istihab itself in the form of the basic law of muamalat, which is permissible until there is evidence that supports it.  

The enactment of Law No. 1 of 2023 concerning the Criminal Code (KUHP) has brought a number of controversies, one of which is related to the revival of provisions regarding the criminal act of insulting the President and Vice President. This article aims to critically examine these provisions in the perspective of the freedom of expression guaranteed by the Indonesian constitution and international human rights instruments. This research uses a normative juridical approach with an analysis of the norms in the new Criminal Code, the 1945 Constitution, as well as international treaties such as the International Covenant on Civil and Political Rights (ICCPR). The results of the study show that although the provision of insulting the President in the Criminal Code is only referred to as a complaint offense and is framed to protect the dignity of state institutions, the provision still has the potential to limit freedom of opinion excessively. In addition to risking opening a loophole for criminalization of legitimate public criticism, this rule also has the potential to contradict the principles of non-discrimination and accountability of public officials in a democratic country. Therefore, an in-depth evaluation of the formulation of norms and their application is needed so that they do not conflict with the spirit of democracy and the protection of human rights.   Keywords: , , , , .

The ratification of the new Criminal Code (KUHP) through Law Number 1 of 2023 marks an important milestone in the history of Indonesian criminal law. The new Criminal Code replaces the colonial product that has been in place for more than a century and brings significant updates, especially in the regulation of gender-based crimes such as sexual and psychological violence. The recognition of these forms of violence is a response to the demands of civil society and is part of Indonesia's commitment to international human rights instruments. However, the effectiveness of such arrangements still faces serious challenges, such as the narrowness of the criminal formulation, the high burden of proof, and the potential for gender bias in the criminal justice system. In this context, criminal law should not only be a means of repression, but also carry out preventive and protective functions through holistic criminal policies. An integrative approach that combines penal and non-penal strategies is important to address the complexity of gender-based violence that is structural and multidimensional. This article aims to critically evaluate the provisions of the new Criminal Code related to sexual and psychological violence in the perspective of gender-responsive criminal policy. The evaluation was carried out taking into account the principles of restorative justice, the protection of victims' rights, and the need for social transformation that supports equality and non-discrimination. The results of this study are expected to be an input for the improvement of a criminal law system that is fairer and on the side of victims, especially women and other vulnerable groups.

Optimization of the justification for the establishment of prisoner guidance so far, is based on policies that maintain the types of criminal penalties as regulated in Article 10 of the Criminal Code. Prisoner guidance is one type of sanction in criminal law that is often used as a means to overcome crime problems. The use of prisoner guidance as a means to punish perpetrators of criminal acts began in the late 18th century which was based on the ideology of individualism and the humanitarian movement. Prisoner guidance increasingly plays an important role and shifts the position of the death penalty and corporal punishment which are considered cruel.In general, the image of prison is a very scary place, not getting good food, sleeping on the floor and being bitten by mosquitoes, there is torture and it is very uncomfortable, it is difficult to communicate with the outside world and family, there is no entertainment and suffering and limited in everything. Teguh Prasetyo, explained that prison gives an image to the general public, as a place where criminals are deprived of their freedom and tortured and employed or trained so that they can form good behavior and character after leaving prison. Therefore, the image was changed to prisoner development. The image of prison that gives a scary image to the general public, aims to provide a deterrent element for criminals, so that they become aware and change their evil attitudes and behavior. Based on the background above, the following problem formulation is determined: How to Optimize the Implementation of Prisoner Development in Changing Behavior Towards Inmates?. This research is an empirical legal research, which examines the optimization of the implementation of prisoner guidance in changing the behavior of inmates carried out at the Class III Langkat Youth Penitentiary. The implementation of empirical legal research aims to see the empirical conditions of the optimization of the implementation of prisoner guidance in changing the behavior of inmates at the Class III Langkat Youth Penitentiary, as well as its influence on changes in prisoner behavior.

The school of jurisprudence has a crucial role in the formation of Islamic law, both in the classical and modern eras. In the classical period, schools of thought such as Hanafi, Maliki, Syafi'i, and Hanbali became the main basis for formulating Islamic law through a structured ijtihad methodology. Each school of thought developed its own way of interpreting the Qur'an, Hadith, ijma', and qiyas, which then contributed to the diversity of Islamic law. In the modern era, the role of schools of jurisprudence remains relevant in responding to contemporary legal challenges, especially in economic, social, and technological issues. Islamic law reform in various Muslim countries often refers to the principles of these schools by adapting them to the national legal system. Therefore, the study of schools of jurisprudence not only contributes to the historical development of Islamic law but also serves as a foundation for formulating legal solutions that are adaptive to the dynamics of the times.  

Investment plays a strategic role in driving economic growth and job creation. However, the dynamics of investment law regulation in Indonesia still face various challenges that impact business certainty for investors. This study aims to: (1) analyze the dynamics of investment law regulations in Indonesia over time until the enactment of the Job Creation Law; (2) identify the forms of investment law regulations and the challenges of their implementation; and (3) formulate legal solutions to improve business certainty for investors. The research method used is normative legal research with a legislative and conceptual approach. Data was obtained from relevant regulations, scientific journals, and academic literature, then analyzed using descriptive-qualitative methods. The results of the study show that although regulations such as Law No. 25 of 2007 and the Job Creation Law have strengthened the legal framework for investment, their implementation is still hampered by bureaucracy, inconsistencies between central and regional policies, and weak oversight in digital investment. The conclusion of this study is that regulatory harmonization, strengthening arbitration institutions, and improving legal literacy are important steps to enhance legal certainty and investment attractiveness in Indonesia.

This research explores the institutional capabilities of Local Government and BUMDes Tirta Mandiri in managing the tourism potential of Umbul in Ponggok Village, Klaten Regency. It aims to assess the extent to which local actors demonstrate capacity in the dimensions of thinking ahead, thinking again, and thinking across, as conceptualized within the dynamic governance framework. Employing a qualitative descriptive approach, this research adopts a case study method through field observations, in-depth interviews, and analysis of village planning documents. The findings indicate that the success of Umbul Ponggok’s tourism development is not merely attributable to its natural endowments, but also to the capacity of the village government and BUMDes to formulate long-term policy directions, critically review and refine existing initiatives, and foster cross-sectoral collaboration. These results highlight the critical importance of strengthening village institutional capabilities and human resources as a foundation for implementing adaptive and forward-looking policies.

The right to a decent and healthy environment is explicitly guaranteed under Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia. However, in practice, development policies that prioritize economic growth often neglect environmental sustainability and may even compromise the environmental rights of future generations. This article aims to examine the concept of the constitutional rights of future generations to a sustainable environment within the framework of Indonesian constitutional law, and to evaluate the state's responsibilities in achieving sustainable development based on the principle of intergenerational justice. This study employs a normative juridical approach by analyzing constitutional provisions, statutory regulations, legal doctrines, and relevant decisions of the Constitutional Court. In conclusion, the article recommends strengthening the constitutional dimension of environmental protection through environment-based judicial review, reformulating development policies to ensure intergenerational sustainability, and explicitly recognizing the rights of future generations within the Indonesian constitutional legal framework.

This study aims to examine the role of Batik Anjani as an agent of local cultural preservation in Malang City, with a focus on the concept of agency within Anthony Giddens’ structuration theory. In this framework, an agent is understood as a social subject capable of acting reflectively and transforming their social environment. Batik Anjani, as a local batik industry actor, demonstrates initiative and awareness in preserving traditional values through production practices, motif selection, the use of natural materials, and community empowerment activities. Using a qualitative approach and case study method, this research analyzes how Batik Anjani actively makes decisions, formulates strategies, and constructs cultural meanings within the context of ever-changing socio-economic dynamics. The findings reveal that Batik Anjani does not merely fulfill an economic role but also acts as a cultural agent contributing to the sustainable preservation and reproduction of local cultural identity.

This research conducts a juridical analysis of the problematic implementation of income tax on digital economic activities within Indonesia's taxation system. Digital transformation has altered the global economic landscape, yet the existing tax system has not fully accommodated the specific characteristics of the digital economy. This study aims to identify weaknesses in the income tax legal framework within the digital economy context and formulate an ideal construction for income tax regulation that can optimize tax revenue without impeding digital economic growth. The research employs a normative juridical methodology with statute approach, conceptual approach, and comparative approach. The findings indicate that current income tax provisions are ineffective in addressing digital economy challenges, particularly concerning concepts of income sources, permanent establishment, and monitoring mechanisms. The study recommends comprehensive reforms including redefinition of fundamental tax concepts, strengthening of the withholding tax system, development of tax information technology infrastructure, and harmonization with international standards. The ideal construction of income tax regulation must consider principles of legal certainty, fairness, administrative efficiency, and economic neutrality to create a taxation system adaptive to digital economic developments.

This study aims to determine whether or not the fifth Amendment of the 1945 Constitution as the written Constitution of the State of Indonesia which has become a mecca in formulating laws and regulations for more than the last twenty-five years is still able to meet the demands of the dynamics of the current administration or whether radical changes need to be made by changing the main mecca. Along with the current government and a few years ago. The executive and legislative parties even managed to form several legal products that were eventually criticized and rejected by the public. Therefore, it is necessary to limit the power in the field of legislation that must be given to the party whose authority it is. Based on the theory of limiting the President's power, he is the party that executes and implements the law. In Indonesia, the executive is involved in the process of forming legal products. Even the judiciary also acts as a legislator rather than a negative legislator. Efforts to maintain the position of independent commissions and emphasize regional elections so that we do not need to return to the old model. This research will discuss the ideas of change that should be urgent in the current Indonesian constitutional order, and be able to meet the needs of the future. The method used in this writing is Normative law. By conducting approaches to legislation, conceptual, historical approaches, comparisons and using qualitative analysis methods.

This article analyzes the juridical construction, practical implementation, and problematics of corporate criminal liability in corruption cases in Indonesia. Employing a normative-juridical approach with analytical-evaluative dimensions, this research examines primary, secondary, and tertiary legal materials, as well as data from in-depth interviews with key informants. The results indicate that despite the legal framework accommodating the concept of corporations as subjects of criminal law in corruption cases, its implementation faces significant obstacles reflected in the minimal designation of corporations as suspects/defendants. These obstacles encompass substantive aspects related to unclear formulation of liability elements, procedural aspects concerning limitations in procedural law, institutional aspects regarding law enforcement capacity, and practical aspects related to sanctions execution. This research proposes a comprehensive and integrative model for strengthening corporate criminal liability through normative reformulation, procedural and institutional strengthening, and development of corporate compliance incentives, projected to contribute to improving the effectiveness of corporate corruption enforcement and strengthening business integrity systems in Indonesia.

Indonesia is a unitary state comprised of thousands of islands and vast seas. Land is a vital asset for both the people and the state; therefore, its control, use, and preservation must be regulated fairly to prevent misuse, particularly by foreign parties. This study focuses on the extent to which the limitations on land ownership by foreign nationals (FNs), as established by national law, can be effectively applied in cases occurring beyond Indonesia's jurisdiction.The aim of this research is to examine how the principle of lex rei sitae, the doctrine of cross-border inheritance law, and the concept of ordre public in Indonesian law interact with one another in order to formulate legal policies that uphold agrarian justice and national sovereignty, while also adapting to global changes. The findings of this study reveal that the principles of lex rei sitae and ordre public serve not merely as grounds for legal rejection, but as fundamental pillars in shaping land ownership policies for foreign nationals based on fairness, proportionality, and sustainability. By implementing a legal system that is firm, consistent, yet flexible, Indonesia is able to safeguard its national sovereignty while also fostering international trust as a rule-of-law state capable of facing global challenges without losing its national identity.

The growth of the digital marketplace presents both opportunities and challenges for MSMEs (Micro, Small, and Medium Enterprises) in protecting their trademarks. This study aims to analyze the legal protections against trademark infringement of local products in the digital marketplace, identify the challenges faced by MSMEs, and formulate effective preventive and repressive strategies. The research employs a normative-empirical approach, analyzing Law No. 20 of 2016 on Trademarks, the Electronic Information and Transactions Law (ITE Law), and a case study of the MSME MoriGe. The findings reveal that while Indonesia's legal framework for trademark protection is adequate, its implementation faces obstacles such as low awareness among MSMEs regarding trademark registration, slow law enforcement, and the complexity of infringements in the digital space. This study recommends proactive trademark registration, enhanced collaboration with digital platforms, and widespread legal outreach to MSMEs. The research findings are expected to contribute to strengthening legal protections for local product trademarks in the digital era.

Central Aceh is one of the Regencies located in the center of the Province of Aceh which is dubbed as the Gayo plateau region, Aceh is a province in Indonesia that applies customary law in settling cases or disputes in the community through the Sarak Opat Kampung Customary Court, as regulated in The Aceh Qanun number 9 of 2008 concerning the Development of Customs and Customs was later reinforced by Governor Regulation Number 60 of 2013 concerning the Implementation of Customary and Customary Dispute / Dispute Settlement.This study aims to describe the function and authority and find out the procedures for implementing Customary Courts by Sarak Opat in Central Aceh District, then to find out the invoices that constrain Sarak Opat in carrying out customary justice and to find formulations that are obstacles in the implementation of adat justice in Aceh District The middle.This study uses empirical juridical research methods with research sites in Central Aceh District using secondary, primary and tertiary data, then the research data is collected through literature, interviews and observations. From the results of the data are further arranged descriptively analysis.

The formation of the Saber Pungli Task Force was carried out as a firm and real step by the government to restore public trust, so that through Presidential Regulation Number 87 of 2016 concerning the Clean Sweep Task Force for Illegal Levies, all city areas in Indonesia formed the task force to eradicate and enforce the law. This type of research is empirical. After the data is obtained, the researcher will group the data based on the data source and analyze it to get answers to the formulation of the problem in this study. The results of the study show that the Clean Sweep Task Force for Illegal Levies (Satgas Saber Pungli) was formed with the aim of eradicating the practice of illegal levies that occur in various public service sectors in Indonesia, and the Clean Sweep Task Force for Illegal Levies at Tenau Port involves various activities aimed at overcoming and preventing the practice of illegal levies in various public service sectors to create a public service system that is free from extortion and increase public trust in public services. In its implementation, various inhibiting factors are still encountered, namely the weak performance of the task force in the field, aspects of facilities and infrastructure such as the low reporting channels that are friendly and easily accessible to the public, and the budget which is still a real challenge in implementing the Saber Pungli Task Force function, especially in areas such as East Nusa Tenggara Province (NTT) which has geographical characteristics as an archipelago.

The third amendment to Law Number 1 of 2025 on State-Owned Enterprises has presented several juridical issues that need to be studied in depth, one of which is related to the establishment of the Daya Anagata Nusantara Investment Management Agency (Danantara). One of the main issues is the lack of public participation in drafting regulations, both at the planning stage and the formulation of legal norms. In addition, the existence of Danantara, which adopts the Sovereign Wealth Fund (SWF) model, raises the potential for overlap with a similar institution, the Indonesia Investment Authority (INA), which was established earlier. Provisions regarding the filling of organ positions, exceptions to the definition of state finances and losses, and weak external oversight mechanisms further strengthen concerns about irregularities in governance. These conditions are potentially at odds with the general principles of good governance (AAUPB), the Law on Government Administration, the Law on State Ministries, and the Law on the Eradication of Corruption. Therefore, it is necessary to analyze the establishment of the Daya Anagata Nusantara Investment Management Agency (Danantara), focusing on the legal basis for its establishment and its compatibility with the principles of constitutional law and government administration in Indonesia.

The palm oil industry is a strategic sector that significantly contributes to Indonesia's economy through crude palm oil (CPO) exports. However, it is also prone to corruption practices, as revealed in the bribery case involving a judge in the handling of a CPO export trial. This scandal highlights corporate involvement in influencing court decisions for business interests and the weak law enforcement against corporations as the main perpetrators of criminal acts. This paper aims to analyze the chronology and modus operandi of the bribery, identify factors behind the weak corporate criminal liability enforcement, and formulate recommendations to strengthen the legal system to prevent similar cases in the future. The research method used is normative juridical with statutory and case approaches. The data is analyzed qualitatively to assess the effectiveness of regulations and the obstacles in implementing corporate criminal liability. This study is expected to contribute to reforming a fairer and more accountable legal system in strategic economic sectors.    

This study aims to find out the process of applying customary law sanctions of Wunis Peheng in resolving the criminal act of persecution committed by police and TNI personnel against a resident in Golo Poleng village, Ndoso District, West Manggarai Regency. In addition, it also aims to find out whether the customary sanction of Wunis Peheng in resolving the crime of persecution can provide a sense of justice for residents. This research is categorized as empirical juridical research. The empirical juridical approach aims to analyze problems using legal materials related to problems that occur in the field. Data collection techniques are carried out by means of observation, interviews, and documentation studies. The data that is processed and analyzed based on the formulation of the problem that has been determined is then presented in a qualitative descriptive manner. The results of this study show that there are several stages in the process of applying customary sanctions of wunis peheng in the settlement of criminal acts of persecution, namely reporting cases of persecution to Tu'a Golo, summoning the parties involved in the persecution case, examination and verdicts of customary institutions, handing over Wunis Peheng from the perpetrator, Saying Traditional Prayers, Slaughtering ela (pigs). And several dimensions of justice in the provision of customary law sanctions, namely the rights of victims are fulfilled, restorative justice, and active participation of the community.  

This study aims to analyze legal certainty in the post-acquisition integration process and its impact on the protection of shareholders' rights based on the Limited Liability Company Law (UUPT) and the Financial Services Authority Regulation (POJK). Using a normative legal approach and case studies, this study finds that the absence of specific regulations, weak supervisory mechanisms, and the lack of synchronization of corporate culture are the main factors causing integration failure and potential losses for shareholders, especially minority shareholders. To realize a fair and sustainable integration process, it is necessary to strengthen internal governance based on the principles of Good Corporate Governance (GCG), risk-based supervision, and external regulatory reforms that are more responsive to business dynamics. This study recommends the active involvement of authorities in regulating post-acquisition integration and the implementation of transparent and accountable evaluation mechanisms to protect the interests of all stakeholders. These findings contribute to the formulation of a fair and adaptive integration model in the Indonesian legal and economic environment.