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Febri Juhamsyah; Marice Simarmata

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The implementation of digitalization in the healthcare sector through the Integrated Referral sistem (Sistem Informasi Rujukan Terintegrasi/SISRUTE) offers significant opportunities to expand access and improve the quality of healthcare services, especially in remote and underserved areas of Indonesia. This paper aims to analyze the challenges of implementing SISRUTE from a legal perspective, focusing on the principle of equitable healthcare access. The study uses a normative juridical approach combined with literature analysis, examining national regulations, including Law No. 17 of 2023 on Health, Government Regulation No. 47 of 2021 on Hospital Administration, and supporting ministerial policies. The research identifies several barriers that hinder the effectiveness of SISRUTE implementation, such as uneven distribution of digital infrastructure, limited internet connectivity, lack of adequately trained healthcare personnel, and the absence of supporting local regulations that align with national policy frameworks. These challenges create disparities in the utilization of SISRUTE, particularly in rural and remote areas, undermining the constitutional mandate for equal access to health services. From a legal standpoint, the principle of equity in healthcare has yet to be fully realized through SISRUTE due to these systemic gaps. The study concludes that strategic efforts are needed to improve intergovernmental coordination, harmonize health and digital regulations, strengthen healthcare workers' digital competencies, and invest in robust infrastructure development. Only through an integrated legal, technological, and human resource approach can SISRUTE fulfill its intended function in supporting a fair, inclusive, and effective healthcare referral system nationwide. This paper contributes to ongoing discourse on legal reforms for digital health equity in Indonesia.

Yulian Gunhar; Zudan Arief Fakrulloh

Mahkamah : Jurnal Riset Ilmu Hukum 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the implementation of election-level simplification from a legal perspective to overcome the waste of election resources and costs. Elections in Indonesia have faced various challenges, including waste in excessive paper usage, overlapping stages, and inefficient budget allocations. These inefficiencies not only burden the General Elections Commission (KPU) but also affect the effectiveness and transparency of the democratic process. Simplification of election levels is expected to be an effective solution to reduce the administrative and material burdens that hinder the implementation of elections. By streamlining the structure and reducing redundant stages, election organizers can focus more on quality, security, and public participation. This study uses a normative juridical approach by analyzing relevant laws and regulations, such as Law Number 7 of 2017 concerning General Elections, as well as various policies and proposals related to election-level simplification. The analysis also includes legal principles such as efficiency, effectiveness, and legal certainty. Furthermore, the study examines how other democratic countries manage election logistics efficiently to draw lessons that can be contextualized in Indonesia. The results of this study are expected to provide concrete policy recommendations that support the implementation of simplified election systems. These recommendations are aimed at optimizing the election process by minimizing waste, both in terms of budget and the use of natural and human resources, while maintaining the integrity and legitimacy of the democratic process. Thus, this study contributes to the discourse on election reform and democratic strengthening in Indonesia.

Raihan Akbar Syahdewa; Arief Suryono

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This study aims to analyze the legal responsibilities of e-sports teams regarding the fulfillment of wage rights and the forms of legal protection for professional athletes based on applicable laws and regulations in Indonesia. As the e-sports industry develops as part of the digital and creative economy, the issue of employment relations between e-sports teams (as employers) and athletes (as professional workers) has become an important issue that requires in-depth study from a legal perspective. This study uses a normative legal method with a statutory approach. This approach is used to analyze positive legal norms that regulate the rights and obligations in employment relations and the legal protection mechanisms available to e-sports athletes. This research is prescriptive in nature, meaning it not only describes the applicable legal conditions but also provides recommendations for improvements. The legal material collection technique was carried out through a literature study that included relevant laws and regulations, books, scientific journals, and court decisions. The results of the study indicate that e-sports teams, which can legally be in the form of business entities or corporations, have a legal obligation to pay athletes' wage rights in a timely and full manner as stated in the employment contract. If there are delays or deductions in wages without legal basis, e-sports teams can be held liable under civil, criminal, and administrative laws. Furthermore, legal protection for athletes as workers still faces various challenges, particularly related to weak oversight by relevant authorities and low levels of legal awareness among both team management and athletes themselves. To address this, concrete steps are needed in the form of strengthening law enforcement mechanisms, increasing legal education for e-sports industry players, and developing labor protection policies specifically for e-sports. This way, the rights of professional athletes can be guaranteed fairly and proportionally.

Anen, Bruno Ikun; Salurante, Tony

International Journal of Christian Education and Philosophical Inquiry 2025 Asosiasi Riset Ilmu Pendidkan Agama dan Filsafat Indonesia

This paper examines euthanasia from ethical, theological, legal, and human rights perspectives, focusing specifically on the Christian faith. Euthanasia, defined as the intentional termination of life to avoid physical suffering, raises significant moral and legal dilemmas. This study applies a qualitative method through literature review to explore expert opinions, Indonesian legal provisions, and theological foundations based on the Bible. The findings indicate that euthanasia contradicts the core principles of Christian ethics, Indonesian positive law, and human rights values that uphold the right to life. From a Christian worldview, life is a divine gift and should not be ended by human will. Suffering is understood as part of a spiritual journey that carries redemptive meaning. Furthermore, euthanasia presents complex implications not only for the individual undergoing the act but also for families, religious communities, and healthcare professionals. In Christian ethics, life and death are matters of divine sovereignty, and human agency in ending life is considered a violation of God's authority. The legal stance in Indonesia, as reflected in national laws and regulations, clearly prohibits any form of euthanasia, emphasizing the protection of human life as a constitutional right. From a human rights viewpoint, although autonomy is important, it must be balanced with the principle of preserving life. This study suggests that interdisciplinary dialogue involving theology, law, bioethics, and pastoral care is urgently needed to build awareness and offer compassionate responses to end-of-life issues. Churches, educators, and policymakers are encouraged to develop ethical guidelines and pastoral counseling approaches rooted in biblical truth and legal integrity. A wise and faithful response to the problem of euthanasia requires not only empathy but also a clear commitment to uphold the sanctity of life.

M. Arif Syahputra; Zudan Arief Fakrulloh

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the critical role of law in preventing and addressing crimes within the trade sector, focusing on specific economic crimes such as corruption, embezzlement, market manipulation, and smuggling. These crimes are on the rise, primarily driven by social and economic inequality. Unequal wealth distribution, weak regulatory oversight, and legal loopholes create opportunities for individuals and groups to pursue illicit financial gains. Powerful economic entities often exploit these weaknesses to maintain monopolistic control, deepening inequality and obstructing fair competition. Moreover, inadequate law enforcement and a lack of transparency within bureaucratic systems contribute to the widespread practices of bribery and collusion between business actors and government officials. This undermines the effectiveness of existing regulations and diminishes public confidence in the legal framework. The consequences of such economic crimes extend beyond financial losses; they significantly affect the broader society. These include rising poverty and unemployment, the deterioration of public trust in legal institutions, and increased social instability, all of which threaten sustainable economic development. To address these challenges, this study applies criminological and legal perspectives, underlining the necessity of multisectoral collaboration. It advocates for stronger government and legal institutional efforts, along with active community engagement, to enhance oversight mechanisms and promote transparency. Firm and equitable enforcement of laws is essential in ensuring justice and restoring trust. Ultimately, a collective commitment to legal reform and accountability is vital to building a trade environment that is fair, inclusive, and conducive to long-term national growth.

Edward Benedictus Roring; Indira Jazmine; Selma Dwi Anaya Pebriyanti; Eleonora Gracia Puspa Setiawan; FX Adji Samekto

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Revision of the Law on Sexual Violence (UU TPKS) has become a strategic urgency in efforts to eliminate gender bias inherent in the current legal construction, especially related to the subjectivity of men as perpetrators and the objectivity of women as victims. The current TPKS Law, although it has provided an important legal basis for the protection of victims of sexual violence, still contains a gender paradigm that limits the understanding that perpetrators of sexual violence are only men and victims are only women, thus ignoring the complexity of social reality and the diversity of victims and perpetrators23. This approach not only reinforces patriarchal stereotypes, but also hinders fair and inclusive law enforcement. Therefore, the revision of the TPKS Law must be directed at eliminating rigid gender constructions, adopting a more neutral and inclusive perspective, and strengthening responsive legal protection for all victims without exception. This revision must also emphasize the role of the state in fulfilling victims' rights and integrating independent monitoring mechanisms to ensure effective and equitable implementation. Thus, the revision of the TPKS Law is not merely a normative update, but rather a transformation of the legal paradigm that prioritizes gender equality, respect for human rights, and substantive justice for the entire community

Roli Pebrianto; Muhammad Panji Prabu Dharma; Noviana Noviana

Pemuliaan Keadilan 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the regulation of adultery and cohabitation (living together without marriage) from the perspective of Islamic law and Indonesian positive law, especially after the enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP). In Islamic law, adultery is a hudud crime that has strict and permanent sanctions (qat'i). Islamic law considers adultery as an act that damages morality, honor, and lineage, and provides severe punishment for the perpetrators. The purpose of implementing this punishment is to maintain social integrity and protect the family as the smallest unit in society. Cohabitation, which is considered an illegitimate relationship according to Islamic law, is seen as a form of adultery that is not tolerated both socially and legally. Therefore, this act is not only considered a violation of religious norms, but also a threat to the desired social order in Islam. Meanwhile, in the context of Indonesian positive law, the 2023 Criminal Code expands the formulation of the crime of adultery and explicitly regulates cohabitation as a criminal offense. Based on this provision, adultery and cohabitation can be prosecuted, although they are still classified as absolute complaint offenses, meaning that these acts can only be prosecuted if there is a report from an interested party. This shows that although there are differences in law enforcement between Islamic law and positive law, both share a common goal: to protect morality and public order. The approach used in this study is normative juridical with a qualitative analysis method of Islamic legal norms and national statutory provisions. This study aims to compare the perspectives of the two legal systems on adultery and cohabitation, and to find common ground between the two.

Esil Rinda Sucita Zogara; Delorens N. L. Bessie; Agustin L. M Rohi Riwu

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2025 International Forum of Researchers and Lecturers

This study discusses the practice of "capture marriage" (pakondong) still carried out in Ana Engge Village, Kodi District, West Sumba Regency, as part of the local tradition. Capture marriage is a practice where a man "captures" his prospective wife without the consent of the woman or her family. This practice has been ongoing for a long time and is considered part of local culture. However, when viewed from the perspective of national law, particularly Law No. 1 of 1974 on Marriage, this practice raises controversy. The law emphasizes that marriage must be conducted with the free consent of both parties, as stated in Article 6, Paragraph 1, which asserts that a marriage is only valid if both parties agree. This research uses an empirical juridical method, with interview techniques and literature studies, to examine the legality of capture marriage under positive law. The results show that capture marriage contradicts the basic principles of a valid marriage because it does not meet the requirement of free consent from both parties involved. Furthermore, capture marriage is also considered a violation of women's human rights, as women should have the right to choose their life partners without coercion or pressure. This practice also degrades women's dignity, as their rights as independent individuals to make their own choices should be respected. The conclusion of this study is that capture marriage cannot be justified under national law because it contradicts the principle of free and mutual consent. Therefore, efforts are needed from various parties, including the government, law enforcement, customary leaders, and society, to provide education on the importance of consent in marriage. Additionally, the modernization of customary law is crucial to align it with constitutional values and human rights, ensuring the protection of women's rights and promoting the development of a more just and equitable culture.

Siti Rohmah; Novita Alfa Ramadhan; Lucky Dafira Nugroho

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Drug abuse is a complex and evolving legal problem in Indonesia. Law Number 35 of 2009 concerning Narcotics strictly regulates provisions for drug users, both in terms of criminal penalties and rehabilitation. In practice, drug users are often treated as criminals and sentenced to imprisonment, although normatively the law also provides opportunities for rehabilitation as a form of protection and recovery. This study aims to examine the legal provisions for drug users from a legal perspective, analyze the role of Legal Aid Institutions (LBH) in handling drug abuse cases, and identify obstacles faced in implementing such legal assistance. The methods used are normative legal and sociological legal approaches, with data collection techniques through literature and documentation. The results of the study indicate that drug users should have access to rehabilitation, not just punishment. LBH plays a crucial role in providing legal assistance and advocating for the implementation of restorative justice. However, several obstacles remain, such as limited resources, a lack of understanding among law enforcement officials, and public stigma. Joint efforts are needed between the government, LBH, and the community to realize fair legal protection for drug users.  

Hamdi Marzuki Irhas; Zulkifli Zulkifli; Sri Yunarti

Jurnal Riset Rumpun Ilmu Pendidikan 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to examine the perspectives of students from the Islamic Family Law (HKI) Study Program regarding Ministerial Regulation of Education, Culture, Research, and Technology (Permendikbudristek) No. 30 of 2021 concerning the Prevention and Handling of Sexual Violence in Higher Education Institutions. Particular focus is given to Article 5 paragraph 2, which contains the phrase “without the victim’s consent,” a clause that has sparked considerable public debate. This qualitative field research was conducted at the Faculty of Sharia, UIN Sjech M. Djamil Djambek Bukittinggi, involving 17 final-semester students selected using a snowball sampling technique. Data were collected through in-depth interviews and documentation, then analyzed using thematic analysis. The findings indicate that most students had limited understanding of the regulation due to the lack of socialization and outreach within the university. Moreover, the majority expressed concern over the phrase “without the victim’s consent,” which they viewed as ambiguous and potentially legitimizing consensual sexual relations outside of marriage—a practice prohibited in Islamic law. While the students supported the need for legal protection against sexual violence, they called for the revision of the regulation to align more closely with the principles of fiqh and Islamic jurisprudence. Thus, the effective implementation of this policy within Islamic higher education institutions requires the harmonization of state law and Islamic values.

Andi Mirza; Dahlan; Teuku Muttaqin Mansur

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Health care is a fundamental right of every citizen guaranteed by the constitution and various laws and regulations. However, in practice there are still cases of health care malpractice that often occur, either due to negligence, carelessness, lack of competence, or violation of professional standards. Such actions not only have an impact on the physical and psychological harm of patients, but also raise questions regarding the legal responsibility of the perpetrators, especially in the criminal realm. The problems in this study are how health care malpractice in the perspective of criminal law and how criminal liability for health care malpractice. This research uses normative juridical research method with statute approach and conceptual approach. The results showed that health care malpractice must be viewed as a criminal offence that can be subject to criminal liability in accordance with the provisions in the Criminal Code, Law Number 17 of 2023 concerning Health, and other regulations.

Ngakan Made Dwika Sutadewa; Komang Adi Sastra Wijaya; Ni Putu Anik Prabawati

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

This study aims to analyze the management of ecotourism in Uma Palak Lestari, Subak Sembung Peguyangan, Denpasar City, from the perspective of collaborative governance to realize sustainable tourism. The research applies a descriptive qualitative approach. The data collection techniques used were observation, interviews, and documentation. The research findings show that the implementation of collaborative governance, involving local communities, government, traditional institutions, and CSR of Pertamina, significantly supports sustainable tourism. The collaboration encompasses participation, legitimacy, trust, accountability, and shared understanding. The process results in increased community empowerment, conservation of subak culture, and local economic development. However, challenges such as the lack of clear legal framework and limited promotion efforts are noted.

M. Lathif Bashar; Khoirul Anwar

IJLS (International Journal of Law and Society) 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study aims to examine and compare the practices of inheritance distribution in Kwaron and Grogol Villages, Diwek District, Jombang Regency, from the perspectives of the Compilation of Islamic Law (KHI) and Civil Law. This qualitative research adopts a case study approach, collecting data through in-depth interviews, field observations, and document studies. The findings indicate significant differences in inheritance distribution practices between the two villages, influenced by social, cultural, and legal interpretive factors. The study also finds that legal ambiguity and limited public understanding of inheritance law often lead to conflicts. Moreover, it reveals that mediation and conflict resolution through customary and religious approaches tend to be more effective than formal legal processes. The study recommends enhancing public awareness of inheritance law and developing more integrative conflict resolution mechanisms.

Alya Rosalina; Taufik Akhyar; Hatta Azzuhri

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research discusses "The Dynamics of Agrarian Conflicts: Political Perspectives of Land Rights (Case Study of the Conflict Between PT. Swarna Cinde Raya with residents of Pangkalan Benteng Village, Talang Kelapa District, Banyuasin Regency)''. It aims to find out the causes and development of the dynamics of agrarian conflicts between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya. The research method used was qualitative. With primary data, namely residents of Pangkalan Benteng village, Banyuasin Regency. Data collection techniques through interviews and documentation. The results of the study show that first. The agrarian conflict between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya occurred due to overlapping land claims, land evictions by the company, and the slow response of the government and law enforcement. The main causes are ownership disputes, human rights violations, and lack of transparency in the resolution of cases by the authorities. Second,  the agrarian conflict between the residents of Pangkalan Benteng Village and PT Swarna Cinde Raya (PT SCR) has been going on since 2009. PT SCR claims that the 200 hectares of land managed by residents for generations has now been reduced to 80 hectares. The company put up prohibition signs based on the Agrarian Cases Law, causing intimidation and uncertainty for residents. Residents feel that their rights have been deprived, suffered losses due to evictions, and have received a slow response from the government and law enforcement. South Sumatra's Ministry of Law and Human Rights recommends a settlement through legal channels, but the slow and lack of transparency creates public distrust and risks escalating conflicts. This conflict reflects structural problems of agrarian management in Indonesia, such as power imbalances, overlapping regulations, and weak protection of indigenous peoples' rights. A just settlement must prioritize transparency, community participation, and respect for human rights so that conflicts do not spread.

Muhammad Hizbullah; Haidir Haidir; Syahrul Bakti Harahap; M. Guffar Harahap; Adawiyah Nasution

Jurnal Pengabdian dan Pembangunan Lokal 2025 Lembaga Pengembangan Kinerja Dosen

The balance between the rights and obligations of husband and wife is a fundamental pillar in building a harmonious household according to Islamic teachings. However, there is still a significant lack of understanding among the community, especially among women, regarding the roles and responsibilities of each partner in married life. This study aims to analyze the effectiveness of outreach activities regarding the rights and obligations of husband and wife from the perspective of Islamic Law, delivered to members of the PWBI (Persatuan Wanita Batak Indonesia)  Kwala Bekala. The method used is a qualitative-descriptive approach, with data collection techniques including observation, interviews, and documentation during the outreach activity. The results of the study show that the outreach was effective in enhancing participants’ understanding of the fundamental principles of marital relationships in Islamic law, such as the concept of male leadership, consultation (shura), justice, and the importance of communication and mutual respect. The activity also had a positive impact on participants’ legal and religious awareness in managing their household lives. Such activities need to be expanded further to strengthen Muslim family resilience based on Islamic values.

Muhammad Yoga Dwi Anggara Sopiyan; Fahmi Irsan Nasution; Hendri meirialdi

Jurnal Riset Rumpun Ilmu Kedokteran 2025 Pusat riset dan Inovasi Nasional

Clinical autopsy is an important procedure in the medical world to determine the exact cause of death and evaluate the quality of medical services. In Indonesia, its implementation is still limited due to various legal, social, and ethical obstacles. This article discusses the position of clinical autopsy from the perspective of pathology and medicolegal forensics and examines the relevant legal framework for health in Indonesia. This study aims to encourage the implementation of autopsy legally, professionally, and ethically through a multidisciplinary approach. In conclusion, regulatory reform and enhanced education are needed to support the implementation of clinical autopsies that are legally valid and beneficial for both the medical and legal fields.

Moh. Ali Hofi

Jurnal Hukum, Politik dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

A constitutional offense constitutes a violation of the fundamental norms enshrined in the constitution, committed by public officials or state institutions. Such violations are not only political in nature but also carry juridical dimensions closely related to criminal law. This article aims to examine the existence and urgency of regulating constitutional offenses from two main perspectives: constitutional law and criminal law. The research employs a normative juridical approach, emphasizing conceptual analysis and relevant legal regulations. This study also highlights the necessity of integrating constitutional mechanisms with criminal law enforcement to establish a system of accountability that is fair, proportional, and upholds the rule of law. Harmonizing these two areas of law is crucial to preserving the supremacy of the constitution in the practice of state governance.

Annisa Dwi Lestari; Taufiqurrohman Syahuri; Ahmad Ahsin Thohari

International Journal of Law, Crime and Justice 2025 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Restricting judicial review (peninjauan kembali) for state administrative officials through Constitutional Court Decision No. 24/PUU-XXII/2024 represents a pivotal shift in Indonesia’s administrative justice framework. This study critically examines the constitutional, theoretical, and comparative dimensions of that decision, situating it within the principles of equality before the law and due process enshrined in the 1945 Constitution. Employing a normative-qualitative design grounded in doctrinal analysis and comparative law methods, the research analyzes primary sources including the 1945 Constitution, Law No. 5 of 1986 on State Administrative Courts, Law No. 14 of 1985 on the Supreme Court, and the Constitutional Court’s decision and is supplemented by relevant academic literature. Findings reveal that the decision undermines procedural equality by asymmetrically restricting state entities’ access to extraordinary remedy mechanisms without addressing systemic enforcement deficiencies. Comparative analysis with French, German, and Thai administrative law systems demonstrates that modern rechtsstaat states preserve substantive justice through inclusive access to judicial review while enforcing robust procedural safeguards. The study concludes that targeted institutional reforms such as establishing an autonomous executorial agency, enacting contempt-of-court legislation, strengthening ombudsman oversight, and enhancing judicial education offer more constitutionally sound solutions to improve compliance with administrative court rulings. It further underscores the crucial role of rechtsvinding and proportionality in reconciling procedural limitations with constitutional mandates for substantive justice and legal certainty.

Sekha Anggita Maulidina; Dedi Mulyadi; Aji Mulyana

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

The policy of mandatory relocation in post-disaster areas, particularly in Cianjur's red zones, plays a crucial role in mitigating risks associated with earthquakes and other natural disasters. This study analyzes the implementation of this policy from the perspective of local government tasks and functions, focusing on the coordination of various stakeholders, legal frameworks, and community involvement. The research uses a qualitative approach, combining legal-normative and sociological perspectives to explore the challenges and conflicts faced during the relocation process. Findings indicate that while the policy has been crucial in safeguarding public safety, its implementation has faced significant challenges such as budget constraints, community resistance, and logistical issues. The study highlights the importance of improving collaboration among local authorities, security agencies, and affected communities. The findings also suggest the need for a more transparent and inclusive approach to policy implementation, ensuring the protection of displaced populations' rights.

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.