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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.    

Corporations as legal entities have become an integral part of the national economic system. However, behind its contribution to economic growth, not a few corporations are involved in economic crimes such as corruption, tax evasion, money laundering, to monopoly and cartel practices. These corporate crimes have a broad and systemic impact, not only harming the state from a financial perspective, but also damaging a healthy economic order and creating social injustice. In the context of Indonesian criminal law, the implementation of accountability for corporations as perpetrators of criminal acts still faces various challenges, both in terms of regulations, technical law enforcement, and understanding of law enforcement officials. This research aims to evaluate the extent to which the implementation of criminal liability against corporations in cases of national economic crimes as well as identify relevant obstacles and solutions. The method used is a normative juridical approach by examining various laws and regulations, jurisprudence case studies, and related scientific literature. The results show that although the recognition of corporations as subjects of criminal law has been contained in several sectoral laws, its implementation is still partial and has not touched the root of the problem, especially in proving structural corporate guilt. Therefore, there is a need for regulatory reform, strengthening the capacity of law enforcement institutions, and integrating a multidisciplinary approach in dealing with corporate crime. By strengthening criminal accountability towards corporations, it is hoped that the Indonesian criminal law system will be able to provide a deterrent effect while maintaining national economic integrity.

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.

This study explores the tension between freedom of expression and the enforcement of criminal law in the digital space, using a case study of political memes depicting national figures Prabowo Subianto and Joko Widodo in a satirical context. The case sparked controversy after law enforcement authorities applied morality provisions from Indonesia's Electronic Information and Transactions Law (UU ITE), which many experts consider irrelevant to the substance of the content. Employing a qualitative approach through literature review, the analysis is framed within three theoretical perspectives: Constitutional Democracy Theory, Human Rights Theory, and Criminal Law Theory. The findings reveal that the application of ambiguous provisions in the UU ITE to digital expression has the potential to violate the rule of law, restrict civil liberties, and create a chilling effect on citizens' political participation. Consequently, this study recommends legal reform and the enhancement of digital literacy as strategies to strengthen constitutional democracy in the digital era.

This article aims to analyze the relevance of Article 34 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia which regulates state protection for the poor and neglected children, and its relation to the concept of leadership from an Islamic perspective. This study compares the legal provisions with the Hadith narrated by Bukhari which emphasizes the responsibility of leaders towards those they lead. The method used is qualitative analysis with a comparative approach to legal texts and related literature sources. The results of the study show that both Article 34 Paragraph (1) of the 1945 Constitution of the Republic of Indonesia and the Hadith have similarities in emphasizing the importance of social responsibility towards underprivileged citizens, as well as describing the role of each individual as a leader in their social capacity.

The increasing number of rape crimes by child perpetrators is a serious problem that needs to be reviewed in depth, not only from a legal aspect, but also from a criminological perspective that takes into account the child's social, psychological and environmental background. The type of research used is empirical legal research with a descriptive-analytical approach. This study relies on primary data obtained through direct interviews with staff at the Surakarta Correctional Facility and literature reviews of relevant laws and scientific literature. The results of the study indicate that internal factors such as past trauma, psychological disorders, and lack of moral understanding, as well as external factors such as family and social environments and weak supervision, are triggers for children to commit rape. The role of BAPAS Surakarta is proven to be crucial in efforts to provide support, rehabilitation, and social reintegration for children following court rulings. This study is expected to contribute scientifically to efforts to prevent and address sexual violence by children, as well as provide input for the government and correctional institutions in developing policies based on a child protection approach.

Cases of child sexual abuse in Indonesia continue to show an alarming trend and have serious physical, psychological and social impacts on victims. This research aims to analyze the legal and social implications of these criminal acts and formulate responsive and adaptive legal protection strategies. The research method uses a normative-juridical approach through a literature study, supported by secondary data from scientific journals, laws and regulations, and official reports. The results of the study show that although child protection regulations have been regulated in Law Number 35 of 2014 and Law Number 12 of 2022, their implementation still faces obstacles, such as weak law enforcement, lack of assistance services, and low public legal awareness. Protection strategies based on the victim's perspective, community legal education, and utilization of digital technology are proposed as solutions. This research recommends inter-agency synergy and the strengthening of a legal system that is adaptive to social and digital developments

Constitutional courts serve as guardians of constitutional supremacy through judicial review mechanisms. This study examines the authority and practices of Indonesia's Constitutional Court in comparative perspective with international best practices. Using comparative legal analysis, this research evaluates judicial review systems in Germany, South Korea, South Africa, and the United States to identify effective governance models. The study reveals that while Indonesia's Constitutional Court possesses comprehensive constitutional review authority, challenges remain in enforcement mechanisms, case backlog management, and institutional independence. International best practices demonstrate the importance of clear jurisdictional boundaries, efficient case processing, and robust enforcement powers. The research concludes that Indonesia can strengthen its constitutional court system by adopting selective best practices including streamlined procedures, enhanced enforcement mechanisms, and improved institutional safeguards while maintaining its unique constitutional framework.

This article examines the role of the Formed Police Unit (FPU) in the perspective of international humanitarian law and international human rights law, particularly in the context of civilian protection in conflict areas. The FPU is an armed police unit deployed in UN peacekeeping missions with a mandate to protect civilians, maintain order, and support post-conflict recovery. Despite its strategic role, the FPU faces legal, operational and socio-cultural challenges. This study uses a normative-juridical approach by analyzing international legal documents, UN operational standards, and academic literature. It is emphasized that the effectiveness of the FPU is highly dependent on human rights-based training, clarity of mandate, logistical readiness, and the ability to build trust with local communities. This article recommends strengthening accountability mechanisms and cross-sector integration in peace missions, so that the FPU is able to carry out its protection mandate substantially and in accordance with applicable international legal principles.

The purpose of this research is to analyse the legal status of children born from marriages of different nationalities in the perspective of Indonesian Civil Law and Islamic Law. This research is important because children born from mixed marriages are entitled to protection of their legal status in order to maintain the continuity of life, legal position and civil interests. The research method used is normative juridical legal research with qualitative data types in the form of secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials relevant to the topic of this research and data collection techniques using library research or literature studies with legal material analysis techniques using descriptive analysis methods. The results of this study state that the law of marriage between different nationalities in the perspective of Indonesian civil law and Islamic law raises problems with the law of marriage itself as well as the legal status, civil rights and citizenship rights of children. In the perspective of Indonesian civil law and Islamic law, the law of marriage of different nationalities is a valid marriage and the legal status of the child is a legitimate child, the civil rights of children from marriages of different nationalities are the same as children in general and the legal status of the child's citizenship as an Indonesian citizen follows the citizenship of the father or mother who is an Indonesian citizen and can also have dual citizenship until he is 18 years old or married, after which the child must declare choosing one of his citizenship.

Integrated assessment is a multidisciplinary approach used in the judicial system to evaluate the psychological, social and medical conditions of legal subjects, particularly in cases involving children, victims of violence, persons with mental disabilities or defendants with psychological disorders. This study aims to examine the evidentiary strength of integrated assessment from juridical and psychological perspectives using a normative juridical approach. The findings reveal that although integrated assessments are recognized in legal practice, their status as admissible evidence is not yet explicitly regulated in criminal procedural law. From a psychological perspective, such assessments possess high scientific value and can provide an objective overview of the subject’s condition. However, limited understanding among legal practitioners regarding the interpretation of assessment results remains a major challenge. Therefore, regulatory harmonization and cross-sectoral capacity building are needed to optimize the function of integrated assessments in court proceedings.

This research aims to examine the impact of thrifting on the economic condition of clothing traders in Pasar Lasoani, to identify the factors that make thrifting a threat to these traders, to find solutions that traders can implement in facing competition with thrifted products, and to understand the Islamic economic perspective on thrifting practices in Pasar Lasoani. This study uses a qualitative research method, which is intended to describe and explain events or phenomena occurring in the field and to present data systematically, factually, and accurately regarding the facts or phenomena observed. The data for this study were obtained through observation, interviews, and documentation. The thrifting phenomenon has had a significant impact on the economy of clothing traders in Pasar Lasoani. On the positive side, this trend has increased income for traders who sell thrifted items due to their affordable prices and attractive variety. However, on the negative side, thrifting reduces the competitiveness of new and local clothing traders, thereby creating economic imbalances in the market. The increase in secondhand clothing imports is also perceived as a threat to the demand for new products, especially due to the strong interest of young consumers in branded clothes at low prices. To improve competitiveness, new clothing traders need to implement strategies such as price adjustments, product quality improvement, utilization of digital marketing, and consumer education on the advantages of new clothing. From an Islamic economic perspective, the practice of thrifting is permissible as long as it fulfills the pillars and legal conditions of buying and selling, namely clarity of the product, mutual agreement on price, and absence of excessive gharar (uncertainty). According to the school of Imam Malik, this practice is valid if the existing gharar is minor, unavoidable, and conducted with honesty, fairness, and transparency. Therefore, thrifting transactions in Pasar Lasoani can be considered in line with the principles of sharia.

The crime of defamation in the digital era has become an increasingly complex phenomenon along with the rapid development of information technology. This study aims to analyze the problem of criminal defamation from the perspective of Hadith At-Tirmidzi Number 1894 and Article 27A of the ITE Law. The main focus of the study is on the dynamics of criminal defamation in the context of information and media ethics, the role of hoax news that contributes to the rampant criminal defamation cases, and legal analysis related to both sources. The method used in this study is a qualitative approach with normative analysis of Islamic legal doctrine and positive legal provisions. The results of the study show that Hadith At-Tirmidzi Number 1894 emphasizes the importance of honesty and prohibits lying as part of moral ethics in Islam. Meanwhile, Article 27A of the ITE Law acts as a legal instrument to address criminal defamation violations in the digital realm. A comparison of these two sources shows that although Islamic law and positive law have similarities in maintaining individual honor, the resolution mechanisms are different. Therefore, this study recommends preventive measures such as increasing digital literacy and legal education to reduce the risk of defamation and increase public awareness of the ethics of communicating in cyberspace

Marriage is a universal social institution, yet its implementation is profoundly shaped by distinctive local cultural values. One such cultural manifestation is the Merari’ tradition practiced by the indigenous Sasak community in Central Lombok, West Nusa Tenggara. This tradition refers to the practice of "elopement," which forms an integral part of customary rituals uniting two individuals in marital bonds. This study aims to explore in depth the fundamental reasons why the Sasak people continue to uphold the Merari’ tradition amidst the tides of modernization and the bureaucratization of national marriage law. It also seeks to describe the procedural and normative structure of the Merari’ marriage process from the perspective of customary law. Furthermore, this research investigates the types of customary sanctions imposed when individuals violate the traditional norms of marriage. This study uses a socio-legal approach, which not only examines written legal norms (positive law) but also considers how these norms are applied and function within society, particularly through the practice of Merari’ in the Sasak community. The findings show that the Merari’ tradition is not merely a romanticized relic of the past, but a form of cultural resistance against the dominance of formal law, which is often perceived as inadequate in accommodating local values. The Merari’ process follows a clearly defined sequence—starting from mutual agreement between the couple, the act of elopement, reporting to customary leaders, and culminating in the nyelabar ceremony, which serves as the social ratification of the marriage. In cases of violation or deviation from these customary norms, community elders may impose sanctions such as traditional fines (material penalties), social exclusion, or prohibition from participating in customary events. Based on the analysis, it is concluded that the Merari’ tradition holds legal legitimacy within the framework of customary law, as it is carried out on the basis of social consensus, noble values, and binding communal norms. Its persistence illustrates a dynamic relationship between state law and customary law, wherein both systems can coexist in parallel, provided there is mutual recognition and space for dialogue. Thus, there is an urgent need for an integrative legal approach in the formulation of national legal policies—an approach that is not only normative, but also contextual and responsive to the legal pluralism present in Indonesian society.  

Child marriage in Indonesia is still a serious problem despite regulations that limit the minimum age of marriage. The revision of Law No. 16/2019 sets the minimum age at 19 years, but the practice of marriage dispensation has actually increased. This phenomenon reflects the gap between formal legality and social reality which is influenced by factors such as low education, patriarchal culture, conservative religious interpretations, social pressure, and poverty. Dispensation for marriage is often granted without an in-depth assessment of the child's readiness, ignoring the principle of the best interests of the child. Law enforcement has not been effective due to the lack of legal literacy, weak supervision, and the dominance of local values. Prevention efforts require an interdisciplinary approach through reproductive health education, strengthening social protection, community participation, and synergy between institutions. Therefore, the elimination of child marriage must be a strategic policy based on the transformation of social norms and the protection of children's rights in a holistic and sustainable manner within the framework of gender perspective development and social justice.

This study examines interfaith marriage and its impact on family economic rights from the perspectives of Islamic law and positive law in Indonesia, with a case focus on Sumedang Regency. Employing a qualitative phenomenological approach, the research involved semi-structured interviews with both traditional and modern Islamic scholars, along with an analysis of religious texts and statutory regulations. The findings reveal that the majority of scholars reject interfaith marriage based on Sharia principles and Article 2(1) of Law No. 1 of 1974 on Marriage. Nevertheless, some couples pursue such unions through administrative religious conversion or overseas ceremonies to obtain legal recognition. These practices often result in legal ambiguity regarding economic rights within the family—such as inheritance, joint property, and financial support—and may lead to familial disputes. Additional social consequences include identity confusion among children, community stigma, and potential conflicts within extended families. The study underscores the strategic role of institutions like Islamic boarding schools (pesantren) and the Office of Religious Affairs (KUA) in providing legal education and advocates the need for a responsive civil registration mechanism that acknowledges interfaith marriages while respecting Islamic legal principles. A contextual approach is proposed to bridge the tension between religious norms, legal certainty, and the protection of family economic rights.

Village development is the main focus of Indonesia's national policy, especially after the enactment of Law Number 6 of 2014 concerning Villages. In its implementation, the role of the Ministry of Villages (Kemendesa) and the Ministry of Home Affairs (Kemendagri) is very important, however, disharmony of authority often occurs which hampers the effectiveness of these policies. This research aims to analyze the disharmonization of authority between the two ministries and formulate a harmonization solution from a legal perspective to increase more efficient and sustainable village development. The method used is a normative approach with comparative juridical analysis of existing regulations, which include related laws and policies. The research results show that there are overlapping regulations and roles between the Ministry of Villages and the Ministry of Home Affairs in aspects of preparing the RPJMDes, managing village funds, as well as coaching and supervising village heads. This research suggests the need for clear legal reconstruction and better coordinating mechanisms between the two ministries to avoid conflicts of authority that could hinder the achievement of village development goals. In conclusion, harmonization of authority normatively, institutionally and technically is very necessary to increase the effectiveness of village development and provide better legal certainty.

The obligation to seek knowledge holds a central position in Islamic law, grounded in strong normative and theological principles. Islam classifies the pursuit of knowledge as fardhu ‘ain (an individual duty) for essential religious and worldly knowledge, and fardhu kifayah (a collective duty) for broader societal needs. This article explores the legal foundations of this obligation in Islamic jurisprudence and examines its relevance in the context of contemporary education. Using a normative-juridical method, this study analyzes primary Islamic sources such as the Qur’an, Hadith, and the views of classical and modern scholars. The findings show that Islam does not treat knowledge merely as a tool for personal development, but as a moral and spiritual responsibility. In modern educational systems, these values remain highly relevant, particularly in addressing ethical decline and the loss of purpose in learning. This article recommends the integration of Islamic legal perspectives on knowledge into educational curricula to help restore the spiritual and moral aims

The policy of granting Mining Business Licenses (IUP) to universities under Article 51A of the Minerba Bill raises legal, ethical, and sustainability concerns. This study applies a qualitative approach through literature review to examine the provision from the perspectives of Indonesian law and Islamic teachings. The findings reveal that allowing universities to manage mining permits risks diminishing their academic role, compromising scholarly independence, and fostering potential conflicts of interest. From the standpoint of positive law, this policy contradicts the precautionary principle, social justice, and educational objectives enshrined in the 1945 Constitution, the Higher Education Law, and the Environmental Protection Law. In Islamic thought, irresponsible exploitation of natural resources is classified as fasād (corruption), strictly prohibited, as reflected in Hadith No. 479 narrated by Bukhari. The study concludes by rejecting the provision and recommends repositioning universities as guardians of sustainability values rather than participants in extractive industries.

In general, this research aims to assess the business feasibility of iced tea beverages at FreshTea Cafe based on aspects of business feasibility and principles of Islamic economics. This assessment includes an evaluation of the extent to which the business meets feasibility criteria from the perspectives of market, legal, location and environment, human resources, technical and production, as well as financial aspects, while also assessing its alignment with the principles of Islamic economics. Meanwhile, the specific objectives of this research are to analyze the business feasibility of iced tea beverages at FreshTea Cafe based on these aspects of business feasibility, and to evaluate the compatibility of the business practices carried out with the principles of Islamic economics in order to ensure the sustainability of halal, ethical, and competitive enterprises. Based on the research results, it shows that the iced tea business at FreshTea Cafe is feasible to run and develop based on the analysis of business feasibility aspects, such as market demand, legal aspects, location and environment, human resources, technical production, and finance. Stable market demand, a strategic location, effective promotion, and good business management support the sustainability of the business. Financial management is conducted transparently, and human resources are selected with an emphasis on honesty and responsibility. In addition, FreshTea Cafe has implemented the principles of Islamic economics, such as justice, balance, public welfare, monotheism, prohibition of usury, zakat, infaq, charity, waqf, cooperation, and oversight (hisbah). These values are reflected in daily business practices and have a positive impact on customer loyalty and the blessings of the business. Thus, FreshTea is deemed suitable and has the potential as a sustainable iced tea business in line with the principles of Islamic economics.