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Mitha Indriana Tantri; Destyani Angeliasary; Nabila Cynta; Raisa Alifia Nur Azizah; Ria Kuraesin +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

Indonesia has experienced a rising trend in criminal activity, with theft emerging as one of the most prevalent forms. This crime has various modes and targets, ranging from theft of ordinary valuables to theft of high-value items, one of which is theft by breaking into car windows targeting the valuables inside (car burglary). The main focus in law enforcement is often only on the perpetrators, so that victims are often neglected and the rights of victims are often not fulfilled.  This study explores the phenomenon from a victimology perspective, focusing on cases of car burglary in Kramatwatu. The research method of this study is an empirical legal method involving secondary data research followed by primary data research or direct field data. Findings indicate that victim negligence, such as leaving valuables in a position that can be seen from the outside, contributes to the occurrence of these crimes. Additionally, the study reveals that several victims' rights remain unfulfilled due to shortcomings in the law enforcement process. This underscores the need for a more victim-centered approach within the criminal justice system.

Sri Utami; Hepy Krisman Laia; Muhammad Arif Sahlepi

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

This study examines legal protection for child victims of sexual crimes from a criminal law perspective. Using a normative approach and literature review, this study aims to determine the legal protection for child victims of sexual violence, factors that influence the occurrence of sexual violence against children, and efforts to prevent sexual violence against children. The results of this study indicate that Indonesia has a responsibility to protect child victims of crime. Law Number 23 of 2002 in conjunction with Law Number 35 of 2024 in conjunction with Law Number 17 of 2016 concerning Child Protection provides a basis for protection that includes children's rights, protection from violent crimes and discrimination, and fulfillment of their dignity and honor. Special protection is given to child victims of sexual violence through rehabilitation, protection of victim identity, guarantee of safety for victim witnesses, and accessibility to case developments. Criminal sanctions for perpetrators of sexual violence against children are regulated in the Law and the Criminal Code. In handling cases of sexual violence, the role of forensic medicine is crucial in terms of collecting the necessary evidence. The principle of diversion is also applied in handling cases of sexual violence involving minors. Serious coordination between the police, prosecutors, and judges is needed to eradicate sexual violence against children. In closing, this study presents a general overview of legal protection for child victims of sexual crimes from a criminal law perspective. Efforts continue to be made to strengthen the protection and prevention of these crimes through coordination between institutions and effective law enforcement.

Anggelica Regina Simamora; Audy Luvena Junaedi; Alfiya Hasanah Ruhiyat; Claudia Larisa Sihaloho; Chelsea Merrysha Khana Gultom +4 more

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

The conflict involving Armed Criminal Groups (KKB) in Papua presents a serious dilemma between law enforcement and the protection of human rights. On one hand, KKB’s actions—such as attacks on civilians and security personnel—are classified as gross human rights violations, posing threats to national security and obstructing regional development. On the other hand, law enforcement efforts by state authorities are often criticized for alleged human rights abuses, especially in military operations that may involve excessive use of force. This study aims to analyze the conflict from both legal and human rights perspectives using a normative juridical approach. The analysis is based on relevant legal frameworks, including the 1945 Constitution of the Republic of Indonesia and Law Number 39 of 1999 concerning Human Rights. The article proposes strategic measures to achieve a balanced resolution, such as inclusive dialogue with Papuan communities, human rights-based training for security forces, independent oversight of security operations, and adherence to humanitarian principles. These approaches are expected to foster stability and peace while ensuring the protection of human rights. Ultimately, this study emphasizes that the resolution of the Papua conflict must not rely solely on repressive measures but must also prioritize justice, humanity, and long-term sustainability.

Khusnul Khatimah; Muhammad Sahdan Siregar; Yuliana Fatmawati; Desty Novita Sari; Ali Murtadho Emzaed

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This research aims to deeply understand the legal differences between zakat and waqf from the perspective of contemporary fiqh, as well as to analyze their relevance and application in the context of modern social, economic, and technological settings. This research uses a comparative analysis method with a descriptive qualitative approach based on literature study. The sources examined include classical fiqh literature from the four schools of thought, contemporary scholars' views, as well as modern regulations and fatwas related to zakat and waqf in Indonesia. The research findings indicate that although zakat and waqf have fundamental differences in legal status, form, and purpose of utilization, both share a common spirit of wealth distribution and community empowerment. Moreover, contemporary issues such as professional zakat, corporate zakat, stock zakat, cash waqf, productive waqf, and digitalization highlight the need for institutional renewal and strengthening to ensure that the laws of zakat and waqf remain relevant and effective in the modern era. This research concludes that understanding and managing zakat and waqf in an adaptive manner to the times is very important in realizing sustainable community welfare.

Imam Saputra; Sahrul Saputra; Rahmawaty Rahmawaty; Sultan Rexy Adji

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Structural failure in construction projects is a critical issue that not only endangers public safety but also triggers legal consequences for parties involved. This study explores mechanical structural failure from technical, legal, and professional responsibility perspectives. Technically, structural failures are often caused by inadequate planning, poor-quality materials, and improper construction practices. Legally, the Indonesian Construction Services Law (Law No. 2 of 2017) and the Indonesian Criminal Code (KUHP) provide a foundation for holding parties accountable, both civilly and criminally, especially when failures result in significant losses or casualties. The research also discusses the roles and responsibilities of construction consultants and contractors. Consultants are responsible for accurate design and oversight, while contractors must ensure implementation aligns with technical specifications and safety standards. Any negligence or deviation from duties by either party can lead to legal liability. This paper emphasizes the importance of integrating technical diligence with legal compliance to ensure the success and safety of construction projects.

Naila Zakiyatun Fakhiroh; Nina Desylia

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Corruption is a very serious form of crime that destroys the system of government, hinders development, and reduces public trust in state institutions. In terms of law enforcement in the country, the Attorney General's Office has an important position as an institution authorized to investigate and prosecute corruption cases. Based on Law Number 16 of 2004 together with Law Number 11 of 2021, the Attorney General's Office not only acts as a public prosecutor, but also as an investigator in corruption cases. This article aims to discuss the role and authority of the Attorney General's Office from a legal political perspective, as well as to analyze the various challenges faced in efforts to eradicate corruption. This research uses a normative juridical approach and legal politics, with a literature method through the study of laws and regulations, official documents, and scientific literature. The results of the study show that formally, the Attorney General's Office has a strong legal basis in handling corruption cases, including the authority to investigate, prosecute, and execute court decisions. However, in practice, the AGO faces various obstacles such as a weak legal system, a culture of impunity, political intervention, and limited human resources. To improve the effectiveness of law enforcement, it is necessary to strengthen institutional capacity, the independence of law enforcement officers, the utilisation of information technology, and synergy between law enforcement agencies. Anti-corruption education, public involvement in monitoring, budget transparency, and international cooperation are also important parts of the overall corruption eradication strategy. With a holistic approach, the Attorney General's Office is expected to be at the forefront of realising fair, transparent and accountable law enforcement.

Siti Nur Cahyati; Salsa Billa; Rabi’ah Fajriah; Syifa Noer Rohmah

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

The sea fence in Tangerang Regency, Banten, has become a complex issue involving violations of spatial law, environmental impacts, and the rights of coastal communities. This research analyzes the social and environmental impacts of the case and examines the protection and restoration of victims' rights based on a greenvictimology perspective. Using an empirical juridical approach, data collection was conducted through interviews with fishermen and legal aid organizations, as well as secondary data from legal literature. The results showed that sea fences disrupt fishermen's activities, damage marine ecosystems, and violate regional spatial regulations. Ecological impacts include changes in ocean currents, decreased water quality, disruption of fish migration, damage to coral reefs, and coastal abrasion. Protection and restoration of victims' rights in the Pagar Laut case to date have not been fully fulfilled and realized by the responsible parties. This can be seen from the absence of concrete policies and concrete actions in the form of providing compensation or compensation to fishermen who are directly affected by the installation of the Sea Fence which hampers their access and space for fishing activities. In addition, efforts to restore the marine environment have also not been carried out optimally, especially in terms of dismantling sea fences that have not been carried out thoroughly and assistance programs from the Ministry of Maritime Affairs and Fisheries have not been implemented.

Bunga Pamela Anugraheni; Baidhowi Baidhowi

Maslahah : Jurnal Manajemen dan Ekonomi Syariah 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Technological advancements in the financial sector have led to various innovations, one of which is the SPayLater service, which allows consumers to make purchases using a deferred payment or installment system. In practice, this system raises various questions regarding the validity of transactions from the perspective of Islamic Economic Law, particularly in terms of compliance with the principles of sale and purchase contracts, as well as the potential presence of riba (usury) and gharar (uncertainty).This study aims to examine the validity of SPayLater transactions by analyzing the contracts used, potential violations of the principles of murabahah, ijarah, or qardh, and the extent to which this service complies with the conditions and pillars of sharia-compliant sale and purchase. The approach used is qualitative, analyzing Islamic legal literature, fatwas issued by Indonesia’s National Sharia Council (DSN-MUI), as well as case studies of SPayLater services in Indonesia. The findings indicate that SPayLater transactions have the potential to involve riba if there are non-transparent additional charges. Furthermore, late payment penalties and unclear contracts may give rise to gharar, which could render the transaction invalid under Islamic law. Therefore, it is necessary to modify the contracts to better align with sharia principles and to enhance transparency in the payment mechanisms in order to avoid elements of riba and gharar.

Naili Amalia; Rahmi Syafitri

Al-Tarbiyah: Jurnal Ilmu Pendidikan Islam 2025 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Corruption is an issue that has received attention in the Qur'an, although it has not been studied in depth in terms of legal aspects and scientific research. Some verses of the Qur'an contain concepts related to corruption, but have not yet become the main reference in Islamic legal studies. This study aims to reveal the meaning of corruption in the Qur'an through the analysis of relevant verses and the interpretations of the mufassirs in various books of interpretation. The focus of this study is to explore the Qur'anic perspective on corrupt practices by referring to the interpretations of the scholars of tafsir. In the Qur'an, some terms that approach the meaning of corruption include robbery (hirabah), theft (as-sariqah), treason (al-ghulul), and bribery (as-suht).

Rudi Hartono I; Abdul Ikrom; Annisa Mardhatillah; Meizatul Hasanah; Muhammad Dzikrullah

Jurnal Budi Pekerti Agama Islam 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This scientific article comprehensively investigates the fundamental principles of Fiqh Muamalah governing Islamic economic transactions, focusing on three primary areas: sale (bay'), debt-financing (dayn), and leasing (ijarah). This research aims to analyze the Sharia conceptual framework underlying each contract, including its pillars, conditions, and legal implications, as well as to identify crucial prohibitions such as gharar (ambiguity), riba (interest/unlawful increment), and maysir (speculation). Furthermore, this article explores the relevance and challenges of applying these principles within the dynamic context of the modern economy, characterized by financial innovation, digital technology, and globalization. Through an in-depth literature study and a comparative analysis of classical and contemporary scholars' interpretations, this research examines how ethical Islamic principles such as justice ('adl), mutual consent (taradhi), and public interest (maslahah) can be integrated into current business practices. Selected case studies on e-commerce transactions, digital lending platforms, and technology-based leasing models are analyzed to illustrate the challenges and potential solutions in applying Fiqh Muamalah. This article concludes by offering a perspective on the importance of contextual reinterpretation and the innovation of Islamic financial products to ensure the relevance of Fiqh Muamalah in addressing global economic challenges while upholding Islamic values.

Atep Redi Rismawan; Lu’luil Maqnun; Hatob Hatob; M. Fadli Hasibuan; Rina Setyaningsih

jurnal Riset Rumpun Agama dan Filsafat 2025 Pusat Riset dan Inovasi Nasional

This study addresses the Islamic reform movement in Egypt as a strategic and progressive response to both Western colonial domination and internal stagnation within the Muslim society. It analyzes the intellectual legacy of key reformers—Jamal al-Din al-Afghani, Muhammad Abduh, and Rashid Rida—who endeavored to reinterpret Islamic tenets through the lens of modern rationalism, scientific advancement, and updated political governance. Employing a historical-analytical perspective, this paper explores how these thinkers initiated transformative changes in religious exegesis, educational renewal, and Islamic legal discourse. The findings indicate that the reform movement was not merely a defensive reaction to modernity but a deliberate effort to revive ijtihad, cleanse Islamic belief from irrational traditions, and stimulate a socio-political revival grounded in Islamic ethical principles. Ultimately, this reformist legacy laid the groundwork for the evolution of modern Islamic thought across the Arab world and remains highly relevant in present-day discussions on Islam and modernity.

Ferda Ria Angelina; Tri Andrisman; Fristia Berdian Tamza

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

This research analyzes the legalization of abortion for rape victims in Indonesia from a human rights perspective, based on Law Number 36 of 2009 concerning Health and Government Regulation Number 61 of 2014 concerning Reproductive Health. The study aims to identify the forms of legal protection for rape victims who undergo abortion and to evaluate the extent to which its implementation aligns with human rights principles, particularly the rights to health, security, and dignity. Using a normative legal research method with a literature review, this study found that existing regulations have provided a legal basis for abortion in rape cases as a form of protection. However, its implementation still faces significant obstacles such as social stigma and limited access, which potentially hinder the fulfillment of victims' human rights.

Erma Yulistiana; Lestari, Melly Aprilia; Purwadinata, Subhan

Nusantara: Jurnal Pengabdian kepada Masyarakat 2025 Pusat Riset dan Inovasi Nasional

This devotion discusses the implementation of the Spatial Planning Policy (RTRW) in West Sumbawa Regency to support the development of strategic areas from an economic perspective. The RTRW policy serves as the foundation for the formulation of development programs, aiming to create efficient, effective, and sustainable land use. Using a descriptive qualitative research approach, this study highlights key factors in policy implementation, including communication, resources, disposition, and bureaucratic structure. The Results of dedication that although the RTRW policy has been implemented, various challenges remain, such as low public participation, limited human resources and budget constraints, and legal uncertainties in land use. Additionally, the complexity of the bureaucratic structure influences the effectiveness of RTRW policy implementation. This study emphasizes the need for improved communication between the government and the public, capacity building for human resources, and more balanced regulations to achieve sustainable development in West Sumbawa Regency.

Putri Ramadhani Rangkuti; Rahma Fitri Amelia Hasibuan; Vressilia Witama; Maria Arfah Nasution; Siti Kholizah +2 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2025 International Forum of Researchers and Lecturers

The advancement of information and communication technology in the era of the Industrial Revolution 4.0 has given rise to various digital innovations, one of which is deepfake technology that utilizes artificial intelligence and machine learning to manipulate audio-visual content convincingly. Although it has positive potentials in entertainment and education, the misuse of deepfake on social media has caused various legal and ethical issues, such as the spread of hoaxes, defamation, privacy violations, and non-consensual pornography. This study aims to analyze the use of deepfake from the perspective of Indonesian law, particularly through Law Number 11 of 2008 on Electronic Information and Transactions (ITE Law) and its amendments. Using a qualitative descriptive approach and literature study methods, this research examines the technical aspects of deepfake development, the relevance of ITE Law articles in regulating manipulative content, and the challenges of law enforcement amid low digital literacy in society. The findings show that although there are no explicit provisions concerning deepfake in the ITE Law, several articles can serve as a legal basis to prosecute offenders, albeit with interpretative and technical implementation challenges. Therefore, regulatory updates and improvements in digital literacy are necessary to prevent and effectively handle the misuse of deepfake technology.

Aura Preety Adisty; Muhammad Dzaky Epindo; Anu Berkat Kornelius Gulo; Bambang Fitrianto

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

The dispute case between Gakoptas and PT Torus Ganda caused problems. PT Torganda illegally controlled Gakoptas land which caused a conflict, as a result a farmer was injured. This study aims to determine the causal factors and resolution strategies in the dispute case between Gakoptas and PT Torganda. This study uses a normative juridical method with the sources of materials used in the form of secondary, primary and tertiary sources. The results of this study state that the causal factors of the conflict are due to the land administration system, inequality in the distribution of land ownership, legality of land ownership and economic motives. The resolution strategy can be carried out by executing the Supreme Court's decision, land redistribution through agrarian reform, land controlled by PT Torganda is returned to Gakoptas, economic recovery and sanctions.

Zahratul Jannah; Zilhayatul Husna; Meiroza Meiroza; Nurulk Assyfa; Rudi Hartono I

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

Murabahah, salam, and istishna' are types of sale and purchase transactions that have conceptually been recognized and applied as contract options in Islamic financial institution products. The National Sharia Council of the Indonesian Ulema Council (DSN-MUI), as the authority in issuing Islamic economic and financial fatwas, has issued rulings concerning these three types of transactions, in which various hadiths on legal rulings (ahkam muamalah) are cited as the basis. This paper aims to examine these hadiths from the DSN-MUI fatwas on murâbahah, salam, and istishna' through two perspectives: the analysis of authenticity (takhrij hadith) and the interpretation of substance (meaning analysis). The results indicate that these hadiths broadly cover key principles of sharia contracts such as mutual consent (ar-ridha), permissibility (al-ibâhah), and public interest (al-mashlahah); the notion of blessings in non-cash transactions (classified as weak hadith majhul category); prohibition of debt payment delays by those able to pay; and the permissibility of salam transactions and down payments (classified as weak hadith mursal category).

Muhammad Nasa’i Dwi Saputra; Aulia Siti Aminah

Jurnal Insan Pendidikan dan Sosial Humaniora 2025 International Forum of Researchers and Lecturers

This research examines the issue of interfaith marriage in the context of religious moderation in Indonesia. This research uses a qualitative method with a library research approach. Based on Dukcapil data from 2022, 34.6 million couples were recorded as "unregistered marriages" due to interfaith marriages. showing strong tension due to the presence of regulations and religious doctrines that tend to be exclusive. By comparing the perspectives of Islam, Catholicism, and Hinduism, it was found that there are differences in doctrinal limitations regarding interfaith marriage practices. This shows how complex the relationship is between social structures and religious teachings in marriage. Moreover, this research found that there is a contradiction between the dominant interpretation of marriage law based on religious beliefs and the constitutional right to form a family (Article 28B paragraph 1 of the 1945 Constitution). As a solution, the paradigm of religious moderation is offered. This paradigm emphasizes justice, love, and tolerance as the fundamental principles of inclusive marriage. This study suggests changes to the legal and theological framework to adapt to a multicultural society.

Wani Wani; Faisar Ananda Arfa; Ibnu Radwan Siddiq Turnip

Hidayah : Cendekia Pendidikan Islam dan Hukum Syariah 2025 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This paper discusses the issue of gender equality from the perspective of Islamic family law and positive law in Indonesia. This study begins with a historical exploration of the treatment of women in the pre-Islamic era which was full of discrimination and oppression, until the arrival of Islam which brought about a major transformation towards respecting and recognizing women's rights. Furthermore, this paper reviews the comparison between the values ​​of gender equality in ideal Islamic family law with practices that are still influenced by patriarchal culture, as well as Indonesia's positive legal response to gender issues, such as through the Compilation of Islamic Law (KHI), the Marriage Law, and the ratification of international conventions such as CEDAW. This study also highlights the role and existence of women in the family as children, wives, and mothers, as well as the challenges faced by women in fighting for rights and equality in the domestic and public spheres. This paper emphasizes that achieving fair and balanced gender equality requires a reinterpretation of the law based on values ​​of justice and a structural commitment to empowering women in all aspects of life.

Novita Novita; Moh. Syuhada Ramdhani; Novi Andini

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

This research analyzes the Constitutional Court Decision Number 62/PPU-XXII/2024 regarding the constitutionality of the presidential threshold and its implications for the development of inclusive democracy in Indonesia. Using a juridical-normative and conceptual approach, this study examines the presidential threshold provisions as regulated in Article 222 of Law Number 7 of 2017 on General Elections from the perspective of inclusive democracy theory and electoral systems. The results show that the Constitutional Court affirmed the constitutionality of the presidential threshold as an open legal policy of the legislators, while also noting that lawmakers should reconsider the threshold percentage in future revisions of the Election Law. This research identifies a tension between two equally important democratic values: government effectiveness and political representation. On one hand, the presidential threshold can strengthen the presidential system by encouraging political party consolidation and creating more stable governance. On the other hand, this provision potentially limits political inclusivity by reducing the diversity of choices for voters and restricting opportunities for small or new political parties to nominate presidential and vice-presidential candidates independently. This study concludes that to realize a more inclusive democracy following the Constitutional Court Decision, further efforts are needed to reform the electoral system, strengthen political parties, enhance political education, and develop innovations in political participation.

Ismaidar Ismaidar; Rifqi Fairuz Ula

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

The leakage of consumers' personal data by irresponsible corporations has become a serious issue in the digital era, particularly in the context of data protection in Indonesia. This paper analyzes corporate criminal liability for such data breaches from the perspective of Indonesian cybercriminal law. The study adopts a normative legal approach through literature review of relevant legislation, legal doctrines, and court decisions. The findings indicate that corporations may be held criminally liable if proven negligent or if they fail to fulfill their data protection obligations under the Electronic Information and Transactions Law (ITE Law). Although a legal framework already exists, proving the elements of fault and direct involvement of corporate executives remains a significant challenge. Therefore, there is an urgent need for strengthened technical regulations and stricter law enforcement to ensure the protection of consumer rights in the digital sphere.