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Narendra Arya Faedhani Hartono; Ridwan Ahmad Haidar; Oktavia Kusumaningsih; Haryo Tetuko Wibowo; Youngki Lutfiya Putra +1 more

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The rapid advancement of digital technology has significantly transformed the economic landscape, particularly in payment systems that are shifting from conventional cash transactions to the use of Electronic Money (E-Money). E-Money has become increasingly popular due to the convenience it offers, allowing users to conduct transactions anytime and anywhere without the need to carry physical cash. As this payment innovation continues to expand, it is essential to examine whether its mechanisms comply with Islamic principles, given that the use of E-Money is closely related to the values of muamalah in Islam. This study aims to identify the underlying contractual structure (akad) governing Mandiri E-Money transactions and to assess its conformity with sharia principles. It further analyzes the potential presence of gharar, riba, or maisir within the top-up and transaction processes, as well as the sharia mitigation mechanisms that may be applied. The research employs a normative approach based on classical and contemporary Islamic legal theory, supported by observational analysis of Mandiri E-Money practices. Data were analyzed qualitatively using a descriptive method and maqashid al-shariah reasoning. The findings indicate that the use of Mandiri E-Money does not involve elements of riba, gharar, or maisir, and therefore does not deviate from sharia principles. These potential risks were examined through fiqh legal maxims and DSN-MUI fatwas to ensure comprehensive sharia compliance.

Fath, Imam Nur Sidiq Al; Sajali, Munawir; Rohmah, Siti Ngainnur

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Indonesia is a pluralistic country with diverse religions, races, ethnicities, and customs, making freedom of expression an essential right protected by law. Article 28E of the 1945 Constitution guarantees every citizen the right to freely express their beliefs and opinions. From the perspective of fiqh Siyasah Dusturiyah (Islamic constitutional politics), freedom of expression is a right that must be safeguarded by the state as long as it aligns with the principles of deliberation and does not contradict Islamic law. This study aims to examine the freedom of expression of Syaykh Al-Zaytun in light of Siyasah Dusturiyah and Article 28E of the 1945 Constitution. The research uses a normative juridical approach with primary data sources including the Constitution and the book Ilmu Hukum dalam Simpul Siyasah Dusturiyah by Ali Akhbar Abaib Mas Rabbani Lubis, as well as secondary sources such as books, journals, documents, and legal regulations. The findings indicate that Syaykh Al-Zaytun’s freedom of expression is permissible under both perspectives, provided certain conditions are met: it must comply with Islamic law and national law, uphold public interest, cause no harm, and be accompanied by social responsibility. Syaykh Panji Gumilang’s views should be understood as part of public discourse, not hate speech, as they aim to foster nationalism and the common good.  

Sarah Nabila; Ruslan Ruslan; Adi Mansar Lubis

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The execution of Mortgage Rights (Hak Tanggungan) represents legal certainty as regulated in Law Number 4 of 1996 concerning Mortgage Rights. Execution of the collateral object can be carried out through private sale, parate execution, or based on an executorial title. This mechanism reflects good faith and trust between the creditor and debtor in a lending agreement. In line with Sharia principles, the murabahah financing contract also allows for collateral (rahn tasjily), granting the creditor the authority to execute the collateral object if the debtor defaults. This study aims to analyze the implementation of Mortgage Rights execution in Sharia financing, specifically under the murabahah contract. The method used is normative juridical research with a descriptive approach, employing statutory and case study analysis, and based on literature and relevant regulations. The results indicate that land rights can serve as collateral under Mortgage Rights in Sharia financing. This is confirmed in the Supreme Court Decision Number 179K/Pdt/2017, which serves as jurisprudential precedent for Decision Number 3/Yur/2018, where the collateral is executed through a Deed of Granting Mortgage Rights. The position of the creditor in a murabahah contract is equivalent to that in conventional financing, as confirmed in the DSN-MUI Fatwa, thus the creditor retains the right to execute even if the debtor defaults before the due date.

Yudistira Ananda Setiadi; Humaidi Humaidi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The current global environmental crisis is not only caused by technical and economic factors, but also reflects a spiritual and ethical crisis in the modern human view of nature. Seyyed Hossein Nasr, a contemporary Islamic philosopher and thinker, offers an environmental ethics approach based on Islamic spirituality that emphasizes the sanctity of nature and the relationship between humans and God as the center of ecological morality. This study aims to examine in depth the concept of environmental ethics according to Nasr, as well as its relevance in responding to contemporary ecological challenges. Using a qualitative descriptive approach and literature study of Nasr's works, this study found that Nasr's concept of environmental ethics is based on the principles of monotheism, trust, and the ontological relationship between humans and the universe. Nasr criticized the Western secular and anthropocentric paradigm that objectifies nature and called for the restoration of the sacred relationship between humans and the environment as the basis for sustainable ecological ethics. The results of this study are expected to contribute to the development of holistic and spiritual environmental ethics in global and local contexts.

Rica Anggraini; Achmad Nashrudin Priatna; Noerma Kurnia Fajarwati; Eka Susilawati; Putri Handayani

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the strategies implemented by Hotel Abadi in Serang City to maintain its image and reputation amidst the increasingly competitive hotel industry and pressures caused by the COVID-19 pandemic. A descriptive qualitative approach was used with a SWOT analysis technique to identify the strengths, weaknesses, opportunities, and threats facing the hotel. The results show that Hotel Abadi still relies on the strength of social relationships and loyalty of existing customers as reputation capital, but has not been able to manage its image comprehensively in accordance with the principles of image management theory. The communication strategies used are still conventional, such as banners and direct promotions, and have not yet touched on the realm of digital branding and professional management of customer feedback. On the other hand, the threat from new, more modern hotels that are more adaptive to technological developments is an urgent external challenge that requires a strategic response. Hotel Abadi must also pay more attention to service quality, not only from the physical side but also the overall customer experience. Given the rapid development of technology, management needs to formulate a more targeted and effective digital communication strategy to reach a wider audience through social media and websites. Hotel Abadi is advised to undertake a strategic transformation that is not only promotion-oriented, but also includes strengthening brand identity, improving service quality based on customer needs, and structured reputation management with an image management approach.

Muhammad Yusuf; Mursani Mursani; Tri Mulyadi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Drug abuse among adolescents in Jayapura City is a pressing issue with significant repercussions for health, society, and the future of younger generations. Due to Jayapura's strategic position as a border city with Papua New Guinea, it faces a heightened risk of cross-border drug trafficking, making it particularly vulnerable. This study explores the various factors contributing to the rise in drug abuse among adolescents, including individual, family, and peer group dynamics, socio-economic conditions, weak legal enforcement, and the influence of globalization. The findings suggest that a multifaceted approach is essential in addressing the problem. Repressive measures alone are insufficient, and should be complemented by preventive, rehabilitative, and educational strategies. Such approaches must emphasize child protection principles and ensure justice that is both substantive and forward-thinking. Progressive and responsive legal frameworks, aligned with the goals of criminal punishment, are necessary to effectively combat drug abuse in Jayapura. Moreover, these frameworks should prioritize adolescent recovery, recognizing that these individuals are the future of the nation.

Reja Reja; Faris Widiyatmoko; Hesti Rosdiana; Jerry Indrawan

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The background for the establishment of Law Number 27 of 2022 concerning Personal Data Protection raises a critical question that the Indonesian government must address, who will oversee and safeguard the security of citizens' data in public administration systems. The purpose of this study is to examine the implementation of One Data Indonesia through Presidential Regulation Number 39 of 2019 (Perpres No. 39 of 2019) regarding One Data Indonesia, which remains a strong foundation for regulating government data governance. Unfortunately, this regulation does not yet include security aspects, which should be one of the principles of One Data Indonesia. This study explores Perpres No. 39 of 2019 as a critique of the regulation. The findings highlight the importance of incorporating security aspects to protect the sovereignty of government data used in public administration, especially in electronic processes conducted domestically. The principle of data security is a crucial component of the implementation of One Data Indonesia, which will be integrated with various other policy products, such as the Presidential Regulation on Electronic-Based Government Systems, the Presidential Regulation on Accelerating Digital Transformation and Integration of National Digital Services, the Law on Information and Electronic Transactions, the Law on Personal Data Protection, and other relevant regulations.

Simorangkir, Debora Juliani; Sinaga, Parbuntian; Setyowati, Retno Kus

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

In the Indonesian economic system, cooperatives play a crucial role as one of the pillars of the national economy, as mandated in Article 33 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. This article emphasizes that "the economy is structured as a joint venture based on the principle of kinship," which serves as the constitutional basis for the existence and development of cooperatives in Indonesia. The research method used in this study is normative juridical, focusing on legal frameworks and regulations related to cooperatives. The results of the study indicate that the government holds an important and strategic role in regulating and supervising cooperatives to ensure the protection of the rights and obligations of cooperative members. Through regulatory instruments such as Law Number 25 of 1992 concerning Cooperatives, the government establishes cooperative principles, good governance standards, and oversight and development mechanisms. The government’s efforts are aimed at ensuring the operation of cooperatives is transparent, accountable, and beneficial to all members. Furthermore, the study found that despite these regulatory efforts, significant challenges remain in the cooperative sector. These include issues such as weak financial reporting, low literacy rates among cooperative members, and the dominance of local elites, which can hinder the equitable distribution of benefits. These challenges need to be addressed to ensure that cooperatives can fulfill their role as economic agents that contribute to national development in line with the principles of kinship and mutual benefit.

Oki Indra Setiono; Anwar Budiman; Retno Kus Setyowati

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study discusses the implementation of consumer law in the context of gold investment through PT X's digital application and the consumer protection guarantee mechanisms presented in the system. The research method used is normative juridical, namely a method that emphasizes the study of applicable positive legal norms, legal doctrine, and the application of relevant legal principles. The results of the study indicate that the implementation of consumer law in digital-based gold investment has been carried out in accordance with contractual principles as stipulated in civil law and in line with the provisions of Law Number 8 of 1999 concerning Consumer Protection. In practice, gold investment transactions through the X application are carried out with a mixed agreement containing elements of sale and purchase, deposit, and pawn. This is an important basis because the legal relationship between consumers and companies is not only a single transaction, but a combination that requires guaranteed protection of consumer rights. The legal basis for this mechanism is reflected in the X Digital Application Operational Guidelines Number 28 of 2024, which detailed administrative procedures, application usage requirements, and the implementation of consumer protection principles as stipulated in Articles 4, 7, 18, and 45 of the Consumer Protection Law. Thus, the implemented system not only emphasizes commercial aspects but also ensures a balance between the rights and obligations of consumers and businesses. This study highlights how digital transformation in financial services requires a robust legal framework to protect consumers from potential risks. Therefore, internal company regulations and guidelines play a strategic role in ensuring fairness and providing a sense of security for people investing in gold through digital applications.  

Setyawan, Agus; Sinaga, Parbuntian; Bhakti, Teguh Satya

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the authority structure between the Ministry of Maritime Affairs and Fisheries (KKP) and Regional Governments in managing coastal areas through marine spatial utilization following the enactment of Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. The main instrument studied is the Confirmation of Conformity of Marine Spatial Utilization Activities (KKPRL), which functions as a licensing instrument and a control mechanism to ensure that marine spatial utilization activities remain directed, integrated, and aligned with the principles of ecological, social, and economic sustainability. The research approach used is a juridical-empirical approach with a qualitative descriptive analysis method. Through this approach, the research not only examines legal norms but also captures the practice of implementing authority in the field. The results show that although the Job Creation Law is oriented towards simplifying business licensing, several problems remain that have implications for the effectiveness of coastal governance. These issues include disharmony between central and regional regulations, overlapping authority between the Ministry of Marine Affairs and Fisheries (KKPRL) and regional governments, and weak synchronization between national policies and regional instruments such as the Coastal and Small Islands Zoning Plan (RZWP3K). In addition to regulatory constraints, this study also highlights institutional and technical aspects. Limited human resource capacity in the regions, a lack of understanding of KKPRL procedures, and minimal inter-agency coordination hamper the effectiveness of coastal management. These conditions result in slow investment realization, conflicts over spatial use, and potential coastal environmental degradation. Therefore, this study recommends a strategy for harmonizing authority through improving vertical-horizontal coordination, strengthening the institutional capacity of regional governments, and developing derivative regulations consistent with the principles of good governance.

Abdul Madjid Podungge; Fadel Ilato; Rizki Ayundari Putri

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Civil servants play a crucial role in governance and development to achieve the national goals as stipulated in the Preamble to the 1945 Constitution of the Republic of Indonesia. Civil servants (PNS) are the primary foundation for the implementation of the Indonesian government system, as they implement public policy and provide public services. Their integrity, competence, and legal status significantly determine the quality of government bureaucracy. This study aims to determine the role of the Regional Civil Service Agency (BKD) in handling cases involving civil servants using fake diplomas during recruitment or promotion. The approach used is normative juridical, reviewing existing regulations, such as Law Number 5 of 2014 concerning the State Civil Apparatus, Government Regulations, and other technical regulations. Data were also obtained through interviews with BKD officials and analysis of relevant case documentation. The results of the study indicate that in practice, there is still a discrepancy between established legal procedures and their implementation in the field. Several cases indicate that administrative sanctions or termination of civil servants found to have used fake diplomas have not been fully based on proper verification and sanction mechanisms. This raises doubts about the validity of decisions and has the potential to undermine public trust in government institutions. This study emphasizes the importance of enforcing administrative discipline and improving internal oversight systems, as well as the need for stricter and more coordinated regulations between central and regional agencies to ensure that every administrative action has a valid legal basis. Implementing the principles of accountability and transparency in personnel management must be a priority to create a clean and professional bureaucracy.

Wayan Agus Kertiyasa; I Made Mulyawan Subawa; Ida I Dewa Ayu Dwiyanti

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Indonesia is a country that highly upholds the law, this is stated in the 1945 Constitution of the Republic of Indonesia. In line with these provisions, one of the important principles of a state based on law is the guarantee of equality for everyone faced with the law. The emergence of legal disputes related to land begins with objections related to claims for land rights, both regarding land status, priority and ownership, with the hope of obtaining administrative resolution in accordance with applicable provisions. The problem raised in this study is about court decision no. 148 / pdt.g / 2024 / pn in Tabanan. This study uses an empirical legal research method, namely research with field data as the main data source, such as interview results and observations. In addition, this research is also supported by normative data sourced from books and legislative studies. The purpose of this study is In general, this report aims to provide an overview of the settlement of criminal acts of court decisions in Tabanan. Based on the formulation of the problem How is the Implementation of Decision No.148/Pdt.G/2024/PN.Tab Regarding the Validity of Land Ownership Certificates, What legal remedies can be taken by legitimate heirs in the event of cancellation of the transfer of land ownership certificates. The results of the research conducted. It is known that the lack of concreteness of the Tabanan District Court's decision so that the settlement of civil cases is still ongoing, in process or ongoing, so far the parties involved are still trying to find a solution by collecting evidence and witnesses to resolve land disputes in Tabanan, the author concludes that the court has a central role in deciding cases and the author also advises all people before making land purchases and sales to check the completeness of documents, for example certificates.  

Nanik Indah Setyani; Anwar Budiman; Saefullah Saefullah

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study examines the legal liability of a Limited Liability Company (LLC) before and after bankruptcy, with a focus on the roles of the board of directors, board of commissioners, and the curator appointed by the Commercial Court. Prior to bankruptcy, the liability for the company's obligations rests primarily with the board of directors and the board of commissioners, especially when debts arising from binding agreements remain unpaid. In situations where the company is unable to fulfill its payment obligations, and such inability is confirmed by a final court ruling, responsibility for managing and settling the company’s debts and assets is transferred to a court-appointed curator. The research analyzes the legal framework governing the curator’s authority, which operates under the supervision of a supervisory judge from the Commercial Court. The curator acts as the sole party responsible for handling the bankrupt entity’s obligations to creditors, ensuring compliance with applicable bankruptcy laws. This study uses a normative juridical approach, relying on legislation, case law, and legal doctrine to examine the extent of responsibility at each stage of the bankruptcy process. Special attention is given to the legal considerations of the Central Jakarta Commercial Court in Decisions Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst and Number 38/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Both rulings are found to be appropriate, as they meet the legal requirements for declaring an LLC bankrupt based on verified facts and circumstances. The findings underscore the importance of distinguishing between pre-bankruptcy liabilities—borne by company management—and post-bankruptcy responsibilities, which are entirely managed by the appointed curator. This clear allocation of responsibility ensures creditor protection, maintains judicial oversight, and upholds the principles of fairness and legal certainty in bankruptcy proceedings

Ahmad Pahmi; Hartanto Hartanto; Uyan Wiryadi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

One example of a case of falsified documents in the issuance of overlapping land certificates occurred in East Luwu Regency and was raised in court through Decision Number 90/Pid.B/2020/PN MII. In this case, it was discovered that land certificate falsification was carried out by a land mafia, resulting in the emergence of two certificates for the same plot of land. This practice not only harms the legitimate owner but also creates laws and gives rise to complex agrarian conflicts. This research uses a normative juridical method, with an approach based on laws and court decisions. The results show that the preservation was an intentional act carried out by one party, with the aim of controlling land rights that did not belong to him. In the decision, the perpetrator was found guilty and sentenced because it was also proven to have falsified documents, as stipulated in Article 263 of the Criminal Code (KUHP). From this case, it can be concluded that law enforcement against overlapping duplicate certificates is very important to ensure legal certainty and protection. Protection efforts for land rights holders are carried out through a land registration process that complies with procedures based on Law Number 5 of 1960 concerning the Principles of Agrarian Law. Compliance with these procedures can provide a strong basis for identifying legitimate rights holders and preventing future damage, including cases of overlapping certificates caused by document falsification. To prevent the recurrence of similar cases, it is necessary to improve the monitoring system and digitize land data comprehensively by the National Land Agency (BPN). An integrated digital-based land system can minimize the opportunity for the issuance of duplicate certificates for a single plot of land, because all land rights data can be accessed and disclosed transparently and in real time.

Zul Khaidir Kadir

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Punitive populism is a political-legal phenomenon that replaces legal rationality and corrective justice with a rhetoric of power that negates the protection of human rights and the rehabilitative function of the criminal justice system. In this context, criminal policy tends to be characterized by a repressive approach that prioritizes symbolic punishment for short-term political legitimacy. Social polarization further strengthens the destructive power of punitive populism by making the issue of crime a symbolic instrument in identity conflicts, thereby losing its autonomy and submitting to an emotional, majoritarian logic. This study aims to analyze how punitive populism, as a product of the interaction between populist logic and social polarization, results in the erosion of the basic values of modern law, particularly the principles of proportionality, legal certainty, and human rights protection. Furthermore, this study also identifies structural barriers that hinder efforts to curb its expansion in criminal policy. The study uses qualitative methods with a conceptual approach. Data were obtained through library research of academic literature, legal documents, and policy analysis, then processed using qualitative analysis techniques and presented descriptively. The research findings show that punitive populism has shifted the orientation of criminal policy from a paradigm of justice and rehabilitation to a logic of punishment that is reactive to public emotional distress. The mass media, particularly within a polarized information ecosystem, plays a role in shaping distorted perceptions of crime, thereby reinforcing public demands for harsh and immediate policies. This situation creates legal vulnerability to political instrumentalism, threatens the principle of the rule of law, and deepens social exclusion of vulnerable groups. To address this, strategic steps are needed, including limiting fear-based political rhetoric, strengthening independent legal institutions, and rebuilding a criminal law paradigm based on substantive justice, inclusivity, and respect for human rights.

Ghufron Rosadi Hidayah; Ha. Djazim Ma’shum; Muhammad Awaluddin

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

The development of digital technology has had a significant impact on people's lives, including the protection of citizens' privacy rights. One key issue that has emerged is the management and protection of personal data, which is increasingly vulnerable to misuse. This study aims to examine and compare the personal data protection provisions stipulated in the 2024 Electronic Information and Transactions Law (ITE Law) and Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). The research method used is a normative approach with comparative study techniques. The study focuses on the legal substance, scope of data protection, and institutional roles in implementing both regulations. The analysis shows that the ITE Law remains general in nature, lacking specific detailed regulations governing personal data protection mechanisms. Meanwhile, the PDP Law presents a more systematic and comprehensive specific regulation, referencing international principles such as the General Data Protection Regulation (GDPR) in the European Union. However, several implementation challenges exist, including overlapping authority between institutions, inconsistencies in legal norms, and limited adequate legal infrastructure. This situation has the potential to create regulatory dualism and complicate the law enforcement process. Therefore, steps are needed to harmonize the ITE Law and the PDP Law, strengthen the capacity of institutions responsible for data protection, and increase the digital literacy of the public so that citizens' digital rights can be optimally protected in the digital era.

Suwanti, Robet; Sinaga, Parbuntian; Bhakti, Teguh Satya

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This study aims to analyze the implementation of the principle of public interest in the implementation of public services by the Population and Civil Registration Office (Disdukcapil) of Bekasi Regency, as well as to evaluate the extent to which the implementation of these principles contributes to efforts to realize people's welfare. The principle of public interest is one of the basic principles in the implementation of public services that emphasizes the fulfillment of basic rights of the community in a fair, fast, equitable, and accountable manner. This research uses a qualitative approach with a case study method, where data is collected through in-depth interviews, direct observations in the field, and documentation studies on various policies and service reports. The results of the study show that the Bekasi Regency Disdukcapil has adopted various innovations in services, such as online services, digital queue systems, the use of information technology-based applications, and increasing the transparency of service information through social media and official websites. These steps are taken to improve accessibility, efficiency, effectiveness, and community satisfaction as service recipients. However, the implementation of the principle of public interest still faces several obstacles, such as limited competent human resources (HR), uneven information technology infrastructure, and low digital literacy among certain communities, especially the elderly and people in suburban areas. This condition results in the suboptimal public service oriented to the public interest to the maximum. Therefore, continuous efforts are needed through increasing the capacity of the apparatus, the development of inclusive and adaptive public service technology, and massive education to the public to increase participation, understanding, and awareness of the available services. Thus, the public services that are carried out can really contribute to realizing the welfare of the people as a whole, equitable, and just.

Jimmi Pasla; Muhammad Adnan Azzaki

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Abstract, This research was conducted with the aim of exploring the legal reconstruction efforts based on the Maqasid al-Shari’ah perspective, as reflected in the decision issued by the Supreme Court, in order to provide a legal breakthrough in the distribution of inheritance through the concept of wasiat wajibah (compulsory will) for non-Muslim heirs. The difference in religious affiliation within family law gives rise to serious inheritance issues, as Islamic law strictly prohibits inheritance between people of different religions. In order to maintain national unity and integrity, the Supreme Court issued Decision Number 331 K/AG/2018, which grants the right to a wasiat wajibah to heirs who have converted out of Islam or are non-Muslims. This study is a normative juridical research that employs two legal approaches: the conceptual approach and the analytical approach. The data collection technique used to achieve the research objectives is library-based documentation study. The findings show that all judicial bodies in Indonesia must refer to Article 49, Articles 1 and 2 of the 1989 Law concerning legal provisions on litigation, management, and enforcement of civil litigation in inheritance cases. Furthermore, Qur’an Surah An-Nisa verse 141 and Hadiths from Al-Bukhari and Muslim explain that Islamic identity must be a determining factor for heirs, disregarding wills that are not valid under Islamic law. Based on the results, it can be concluded that a wasiat wajibah for apostate or non-Muslim heirs is treated not as an inheritance, but as a special bequest. According to the Maqasid al-Shari’ah, which serves as the foundation for achieving the objectives of Islamic law through its five core principles of protection, the concept of wasiat wajibah for non-Muslim heirs plays a crucial role in: preserving religion by fostering interfaith tolerance; preserving life by preventing familial conflict; preserving intellect by ensuring access to education for non-Muslim descendants; preserving lineage by recognizing the rights of children as biological heirs through inheritance; and preserving wealth by ensuring the rightful and responsible transfer of ownership of the deceased’s estate.    

Heri Siswan; Budi Sastra Panjaitan; Arifuddin Muda Harahap

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

Domestic violence (KDRT) is a form of human rights violation that occurs in the domestic space and has a wide impact on the integrity of the family. The reform of the criminal law through Law No. 1 of 2023 concerning the Criminal Code marks a more serious recognition of domestic violence as a criminal act. This article aims to examine the update of the criminal rules against domestic violence perpetrators in the new Criminal Code and examine it from the perspective of Islamic law. Using a normative juridical approach and comparative analysis, this study found that the new Criminal Code has adopted a more progressive approach to victim protection, including in criminal arrangements against perpetrators. On the other hand, Islamic law views domestic violence as a violation of the principles of justice, compassion, and moral responsibility in the family. Criminalization in Islam is preventive and corrective, and emphasizes a just solution, not merely repressive. Therefore, the reform of the national criminal law needs to be harmonized with Islamic values, in order to establish a penal system that is not only legally just, but also ethically and socially.

Rafiq Andra Wisudana; Neti Sunarti; Ii Sujai

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2025 Pusat Riset dan Inovasi Nasional

This research is motivated by the existence of problems in the management of movable assets owned by Margajaya Village which are not yet optimal. The purpose of this study is to determine the optimization of movable asset management in Margajaya Village, Sukadana District, Ciamis Regency. The method used in this study is descriptive analysis. There are 6 informants. Data collection techniques are literature studies, field studies (observations and interviews) and documentation. The author uses qualitative data analysis techniques through processing data from interviews and observations to draw conclusions so that they can answer the problems in the study. Based on the results of the study, it is known that: Optimization of movable asset management in Margajaya Village has been implemented but has not been optimal in accordance with the principles of asset management, namely the functional principle, legal certainty, openness, efficiency, accountability, and certainty of value. This shows that the movable assets owned by the village have been used but have not been managed effectively to support the implementation of government duties and community services. There are several obstacles faced in the management of movable assets, including limited competent human resources, inadequate supporting facilities and infrastructure, lack of socialization and understanding of regulations, limited community participation in supervision, and budget constraints for asset maintenance and development. Efforts have been made by the Margajaya Village Government together with related parties to overcome these obstacles, including conducting training and increasing the capacity of village officials, implementing a digital-based asset management information system, socializing and assisting with asset management regulations, increasing transparency and community participation, and optimizing village budget management.