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Drug abuse in Indonesia has reached an alarming level and has become a complex legal and health problem. This study aims to examine the criminal law policy applied to drug abusers from a health perspective, with a focus on the rehabilitative approach as an alternative to punishment. The method used is normative legal research with a statute approach and a conceptual approach, through a literature study of laws and regulations, court decisions, and relevant scientific literature. The results of the study indicate that Law Number 35 of 2009 concerning Narcotics contains a dualistic approach, namely punishment (penal) and rehabilitation (non-penal), but its implementation still tends towards imprisonment. From a health perspective, drug abuse is an addictive disorder that requires a medical and psychosocial approach, not solely a criminal repressive approach. An ideal criminal law policy should combine proportional criminal sanctions with a comprehensive medical and social rehabilitation program. This study recommends policy reforms that are more oriented towards the health recovery of drug abusers without neglecting the aspect of law enforcement against drug dealers and traffickers.

The phenomenon of tedong petarung in Toraja has generated controversy due to its shift from the traditional tedong silaga, which historically formed part of Torajan customary rituals. This practice has evolved into entertainment and competition frequently associated with gambling activities. This study aims to analyze tedong petarung as a form of cultural distortion from the perspectives of customary law and criminal law, as well as to examine the limits of customary culture recognition within the national legal system. This research employs a normative legal method using statutory, conceptual, and sociological approaches. Legal materials were collected through library research consisting of legislation, legal literature, journals, and related documents. The study finds that tedong silaga possesses legitimacy as part of Torajan customary culture containing social, symbolic, and spiritual values. However, modern tedong petarung practices demonstrate a shift toward commercialization and gambling, obscuring the philosophical values of the original tradition. From a criminal law perspective, such practices potentially fulfill the elements of gambling offenses under Indonesian positive law. This study concludes that recognition of customary culture must remain aligned with public order, morality, and national law.

The development of financial technology (fintech lending) in Indonesia has significantly facilitated public access to financing; however, it has also generated various legal issues, particularly concerning the protection of creditors. This study aims to analyze the forms of legal protection available to creditors in loan agreements based on fintech lending from the perspectives of civil law and commercial law in Indonesia. The research employs a normative legal method, utilizing both statutory and conceptual approaches. The findings indicate that legal protection for creditors in fintech lending still faces numerous challenges, particularly regarding the validity of electronic agreements, the risk of default, and the weakness of guarantee mechanisms. Existing regulations, such as the Financial Services Authority Regulation (POJK) concerning information technology-based lending services, have not yet provided optimal legal certainty. Furthermore, the principles of prudence and transparency have not been fully implemented by fintech providers. Therefore, strengthening regulatory frameworks and harmonizing civil law and commercial law are essential to ensure more comprehensive legal protection for creditors. This study is expected to contribute to the development of business law in Indonesia, particularly in responding to the dynamics of the digital economy.

The annulment of a marriage certificate as a product of state administrative law creates complex juridical issues concerning the legality of marriage administration, protection of civil rights, and legal certainty within society. This study aims to analyze the legal consequences of the annulment of Marriage Certificate Number 0026/26/I/2020 in the Decision of the Bandar Lampung State Administrative Court Number 15/G/2023/PTUN.BL and to examine the judges’ considerations from the perspective of siyasah qadha’iyyah. This research employs a normative juridical method using statutory, case, and conceptual approaches within Islamic political jurisprudence. Data sources were obtained from court decisions, legislation, classical Islamic legal texts, and relevant scientific journals. The findings indicate that the annulment of a marriage certificate revokes the administrative legal force of the marriage registration but does not automatically invalidate the marriage contract under Islamic law as long as the pillars and conditions of marriage are fulfilled. The decision demonstrates that the State Administrative Court has authority to examine the administrative aspects of marriage certificate issuance but lacks authority to determine the substantive validity of the marriage itself. From the perspective of siyasah qadha’iyyah, the judges’ decision reflects the implementation of justice, public benefit, legal certainty, and supervision over state administrative officials. This study emphasizes the necessity of strengthening marriage administration systems based on good governance principles and maqashid al-shari’ah to prevent administrative legal disputes in marital affairs.

The policy plan to integrate parking fees into the Vehicle Registration Certificate (STNK), scheduled for nationwide implementation in 2027, has generated debate regarding contractual validity and fiscal justice. From the perspective of Islamic Economic Law, the transformation from a conventional pay-per-use retribution system to an annual prepaid system raises issues related to mutual consent (an-taradin) and the certainty of service benefits. This study aims to analyze the 2027 subscription parking policy using the framework of Maslahah Mursalah and the principle of distributive economic justice to assess its legitimacy as an instrument of public welfare. This research uses a normative legal method with conceptual and statutory approaches. Literature data are analyzed qualitatively through deductive reasoning to derive legal conclusions from general principles of Islamic economics in relation to contemporary fiscal policy. The findings indicate that the policy contains elements of Maslahah Mursalah, particularly in improving bureaucratic efficiency and preventing state revenue leakage (sadd adz-dzari'ah). However, from the perspective of distributive justice, the policy may contain elements of dzulm (injustice) if it is not supported by fair tariff segmentation. Without guaranteed service availability for all payers, mandatory annual parking fees risk being categorized as akl al-amwal bi al-bathil (unlawful appropriation of wealth). Therefore, a zoning-based tariff system is recommended to ensure fairness between obligations and benefits.

This study examines the legality of on-street parking levy practices in Kupang City from a constitutional law perspective, with a primary focus on the application of the legality principle. The background of this research stems from a significant discrepancy between the legal norms established in statutory regulations and the empirical administrative practices occurring in the field. Identified issues include the collection of levies without official tickets, the lack of clarity regarding the identity and legal status of collection officers, and the inconsistent and non-transparent application of parking tariffs. This research employs a normative-empirical legal method by applying statutory, conceptual, and empirical approaches through limited field observations. The findings indicate that although the Kupang City Government formally possesses the attribution of authority to collect parking levies, the implementation frequently deviates from the established legal procedures. Such deviant practices potentially constitute ultra vires actions and violate the principle of due process of law in government administration. This study concludes that the substantive legality of parking levies in Kupang City has not been fully realized, thereby undermining legal certainty and public trust in the legitimacy of local governance. The implications of this research emphasize the imperative for comprehensive reform of the supervision system and stricter enforcement of administrative procedures to ensure the rule of law at the local level.

This study examines thee regulations governing the post-notification obligation for share acquisitions from the perspective of competition law in Indonesia, as well as efforts to optimise it as an effective supervisory instrument. Indonesia adopts a post-notification system as stipulated in Law No. 5 of 1999 and its implementing regulations, which require business entities to report acquisition transactions to the KPPU after the transaction has taken effect. Although this system provides flexibility for business entities, in practice there are a number of weaknesses, including its reactive nature, low levels of compliance, and limitations in the effectiveness of oversight in preventing anti-competitive effects. This study employs a normative legal method using legislative, conceptual, and comparative approaches, as well as an analysis of KPPU decisions. The research findings indicate that the post-notification system is not yet optimal in maintaining healthy business competition. Therefore, there is a need to strengthen oversight mechanisms, improve business compliance, and update legal policies to be more adaptive, including the possibility of limited integration of pre-notification elements. It is hoped that these optimisations will enhance the effectiveness of acquisition control and prevent monopolistic practices and unhealthy business competition in Indonesia.

Abstract. The increasing number of cases involving corporate losses that implicate the liability of directors in limited liability companies highlights the importance of a comprehensive understanding of the scope and nature of such liability from a civil law perspective. This study aims to analyze the liability of directors for corporate losses as well as the factors influencing the emergence of such legal liability. The method used is normative legal research with a legislative and conceptual approach, through a review of legislation, legal literature, and relevant court decisions. The results of the study indicate that directors’ liability is not automatic but depends on proving the existence of fault or negligence in performing their duties, in accordance with the principles of due diligence and good faith. Furthermore, factors such as weak internal controls, lack of transparency, and directors’ limited legal understanding are the primary causes of corporate losses. The implications of this study underscore the importance of implementing sound corporate governance principles, enhancing directors’ competence, and ensuring consistency in law enforcement to achieve a balance between legal protection and accountability in corporate management.

The protection of workers’ rights represents a constitutional mandate within Indonesia’s rule of law framework. Although the national labor law system provides a civil litigation mechanism through the Industrial Relations Court to resolve disputes, violations of workers’ rights still frequently occur in practice. This study aims to analyze, from normative and theoretical perspectives, the protection of workers’ rights through civil lawsuit mechanisms and to evaluate their effectiveness in achieving substantive justice. The research applies a normative juridical method using statutory, conceptual, and case approaches to examine relevant legal provisions and their implementation. The findings reveal that the civil litigation mechanism provides a clear legal basis for workers to pursue claims and defend their rights. However, its effectiveness in practice remains limited due to several challenges, including structural constraints within the legal system, complex procedural requirements, and unequal bargaining power between workers and employers. These conditions often hinder workers from obtaining fair outcomes. Therefore, policy reform, simplification of legal procedures, and stronger access to justice are necessary to ensure more effective and substantive protection of workers’ rights in Indonesia.

This research aims to analyze criminal acts that may be qualified as perpetrators of the crime of obstruction of justice from the perspective of the criminal law applicable in Indonesia, as well as to analyze the application of the law against perpetrators of obstruction of justice in Indonesia. The type of research used in this thesis is doctrinal research. The doctrinal approach has a normative character; therefore, its object of study consists of a set of legal norms (black letter law) at the level of application (professional constituency), or, at certain levels of analysis, this approach extends to the examination of legal theory. Based on the results of the research, the author finds that the provisions governing acts that may be qualified as the crime of obstruction of justice in Indonesia encompass all forms of interference, from the beginning to the end, with the entire ongoing legal and judicial process. A perpetrator of obstruction of justice is aware that a person has committed a crime or is undergoing a legal process and then deliberately commits acts that may hinder or obstruct law enforcement officials in conducting examinations of the criminal offender, with the purpose that the processes of investigation, prosecution, or examination before the court are impeded, cannot be carried out, or ultimately fail to be carried out. The forms of legal enforcement against perpetrators of acts obstructing the judicial process (obstruction of justice) in Indonesia include, among others, intentionally damaging, concealing, or destroying evidence before or after the commencement of the investigation process.

The development of financial technology has led to the emergence of online lending services based on Peer-to-Peer Lending (P2P Lending), which offer easy access to unsecured financing. However, this convenience poses significant risks when targeted at university students, who generally lack stable income and have weak financial literacy. The absence of manual verification and the suboptimal application of the prudential principle may result in a disproportionate debt burden for students. This study aims to analyze the extent to which the prudential principle is implemented by P2P Lending providers in granting loans to students, as well as to examine the legal construction of online lending agreements from a consumer protection perspective. This research employs a normative juridical method using statutory, doctrinal, and conceptual approaches. Data were obtained through literature review of relevant laws and regulations, legal literature, and supporting documents. The application of the prudential principle by P2P Lending providers remains limited and tends to focus more on user expansion than on debtor risk analysis. Online loan agreements are unilaterally drafted through standard contracts that place students in a weak legal position, without adequate protective mechanisms. Students, as vulnerable debtors, have not yet received optimal legal protection due to weak implementation of the prudential principle and exploitative contractual arrangements. Regulatory reform and strengthened oversight are necessary to ensure contractual fairness.

The debate concerning the relationship between faith (īmān) and deeds (ʿamal) constitutes one of the central issues in the history of Islamic theology, generating diverse perspectives among theological schools. This study aims to comparatively analyze the epistemology of deeds in three classical Islamic theological traditions: Khawarij, Murji’ah, and Ahlussunnah. The research employs a qualitative approach using the integrative literature review method, examining classical works of ʿilm al-kalām alongside contemporary academic studies. The data were analyzed through data reduction, thematic categorization, and comparative analysis to identify differences in the epistemological frameworks used to understand the relationship between faith and deeds. The findings indicate that the Khawarij developed a textual–legalistic epistemology that considers deeds an essential component of faith, thereby viewing perpetrators of major sins as having exited the state of faith. In contrast, the Murji’ah developed a theological–rational epistemology that separates faith from deeds and postpones judgment regarding major sinners to God’s ultimate decision. Meanwhile, Ahlussunnah formulated an integrative epistemology that combines belief in the heart, verbal affirmation, and deeds within the structure of faith without declaring major sinners as unbelievers. This study highlights that differences in the concept of deeds in Islamic theology are not merely doctrinal but also reflect distinct epistemological frameworks in interpreting religious sources. The findings contribute conceptually to the study of ʿilm al-kalām by offering a comparative mapping of the epistemology of deeds across three major theological traditions in Islam.

From the perspective of criminal liability theory, criminal policy, and Islamic law, sexual gratification is a form of corruption. According to positive criminal law, a person can only be held liable when three essential elements are fulfilled: an unlawful act, culpability (dolus or culpa), and the capacity for responsibility. However, in the context of public office, sexual gratification constitutes an unlawful act because it involves the acceptance of non-fina. Since the acceptance of sexual services within a power relationship usually indicates awareness of reciprocal policy gains, purpose (dolus) is frequently dominating. From the perspective of criminal policy, the restriction of sexual gratification reflects the growth of corruption as a white collar crime—a term coined by Edwin H. Sutherland—where abuse of power encompasses intangible rewards in addition to monetary transfers. According to Islamic law, sexual enjoyment constitutes two violations: it may be considered risywah (bribery) because of its transactional motive, and it may also be considered jarimah zina if it takes place outside of a legally recognized marriage. Such behaviors compromise the protection of property, ancestry, and religion through the framework of maqāṣid al-sharī‘ah developed by Abu Ishaq al-Shatibi in Al-Muwafaqat. The study comes to the conclusion that in order to guarantee accountability, protect public integrity, and promote social welfare, it is imperative to develop legal interpretation and evidential procedures.

Domestic violence (DV) remains a complex legal and social problem, threatening family stability and human dignity. Although Law No. 23 of 2004 concerning the Elimination of Domestic Violence provides strict sanctions, conventional punishment methods are often considered ineffective in restoring damaged social relationships within families. This study examines the implementation of restorative justice in resolving domestic violence cases within the Bungo Police jurisdiction, from the perspective of positive law and Islamic law. This study uses an empirical legal approach and a sociological perspective, with primary data collected through interviews with investigators from the Women and Children Protection Unit (PPA), as well as secondary data from laws, police regulations, and related academic literature. The results show that restorative justice has been applied to several domestic violence cases during the investigation stage through mediation and peace agreements between the parties involved. This method helps reduce the backlog of cases, accelerates dispute resolution, and maintains family social stability. However, challenges remain, such as the possibility of re-victimization due to the imbalance of power between victims and perpetrators. From an Islamic legal perspective, restorative justice is in line with the principles of ta'zīr and maqāṣid al-sharī'ah, especially the preservation of human dignity, life and offspring. By guaranteeing the protection of victims and preventing repeated violence, restorative justice can be an additional mechanism in cases of domestic violence.

Illegal street racing is a persistent issue in Indonesia, including Bungo Regency, endangering road users and violating traffic laws. This study, based on a case study at the Traffic Unit of Bungo Police Resort, aims to explore the police's role in addressing illegal street racing from an Islamic criminal law perspective. Using a qualitative juridical-empirical approach, the study examines legal regulations, institutional practices, and Islamic jurisprudence. Data was gathered from legal sources and literature related to law enforcement and Islamic criminal law. The results reveal that the police play a strategic role in combating street racing through preventative, preemptive, and repressive tactics. Repressive measures include law enforcement based on the Indonesian Traffic and Road Transportation Law, while preventive actions involve community outreach, traffic education, and regular patrols. From an Islamic criminal law viewpoint, illegal street racing is categorized as jarimah ta‘zīr, where authorities impose sanctions to maintain public order and prevent harm (mafsadah), aligning with the maqasid al-shariah goals of preserving property and life. The study concludes that effective and sustainable action against street racing requires collaboration between law enforcement, communities, and religious perspectives.

This study examines the effectiveness of the Jambi Regional Police in enforcing criminal law in the digital era, particularly in addressing online gambling offences, from the perspective of Islamic law. The rapid development of information technology has transformed crime from physical spaces into cyberspace, characterised by anonymity, speed, and transnational reach, thereby requiring adaptive law enforcement strategies. This research adopts a qualitative juridical-empirical approach. Data were collected through in-depth interviews with law enforcement officers at the Jambi Regional Police, analysis of case documents, and examination of relevant legal frameworks, particularly Indonesia’s Electronic Information and Transactions Law (ITE Law). The findings reveal that the Jambi Regional Police have implemented several strategic measures in combating digital crimes, including cyber patrols, digital forensic investigations, seizure of electronic evidence, and inter-agency coordination. Nevertheless, the effectiveness of law enforcement remains constrained by technological limitations, complex digital evidence requirements, the transnational nature of cybercrime, and limited public digital legal awareness. From an Islamic law perspective, police actions against online gambling align with the objectives of maqāṣid al-sharī‘ah, particularly the protection of religion (ḥifẓ al-dīn), property (ḥifẓ al-māl), and intellect (ḥifẓ al-‘aql). This study concludes that while digital criminal law enforcement by the Jambi Regional Police is fundamentally appropriate, it requires strengthened institutional capacity, integration of Islamic legal values, and adaptive policy reforms to enhance effectiveness and substantive justice.

The development of technology in the era of globalization has brought significant changes in society, particularly through the emergence of the internet and social media such as WhatsApp, X (Twitter), Facebook, Instagram, Telegram, and TikTok, which facilitate rapid information dissemination. This development has also given rise to a new profession, namely content creators, who produce and share content in the form of images, videos, or text for branding, professional purposes, or self-expression, often resorting to sensationalism to attract audience attention. On the other hand, the ease of access to social media has also triggered the spread of negative content, including pornography, as evidenced by Komdigi/Kominfo data showing millions of blocked negative content, with X being one of the dominant platforms. In Islamic perspective, anything that leads to adultery is prohibited as stated in QS. Al-Isra verse 32. A prominent case is Dea OnlyFans (Gusti Ayu Dewanti) who was arrested for distributing pornographic content through OnlyFans and Google Drive, charged under the Pornography Law and ITE Law, and found guilty in the Supreme Court Decision Number 2086 K/Pid.Sus/2023. This study discusses 1) How are the differences in judges' considerations at the District Court, High Court, and Cassation? 2) Can the Supreme Court judges' considerations provide a deterrent effect? This research uses a descriptive method with normative legal research based on literature study, using primary, secondary, and tertiary legal materials.

Bankruptcy is a legal mechanism used to resolve a debtor's inability to fulfill debt obligations collectively, orderly, and fairly through a court decision. In the Indonesian bankruptcy system, the curator has a central role in managing and settling bankrupt assets to protect the interests of creditors while providing legal certainty for debtors. This study aims to analyze the regulation of the curator's authority in managing and settling bankrupt assets and to examine its implications for the protection of creditors’ and debtors’ rights from a business law perspective. The research method employed is normative legal research with statutory and conceptual approaches, conducted through a literature review of various relevant primary, secondary, and tertiary legal materials. The results indicate that the curator’s authority is expressly regulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations, which provides a legal basis for the curator to manage, secure, sell, and distribute bankrupt assets to creditors in accordance with legal provisions. However, in practice, several obstacles remain, such as difficulties in tracking assets, potential conflicts of interest, and a lack of transparency, which may affect the effectiveness of legal protection. Therefore, the professionalism of the curator and the supervision of the supervising judge are crucial factors in ensuring legal certainty, fairness, and efficiency in the bankruptcy process.

The purpose of this study is to analyze Mohammed Ghaly's thoughts from a theological and legal perspective on disability and its implications for social inclusion. This research uses a qualitative approach based on literature studies with in-depth analysis of primary Islamic sources such as the Qur'an, hadith, and tafsir, kalam, and fiqh literature from various periods. Ghaly seeks to reveal the normative attitude of this religion towards persons with disabilities and its implications for social inclusion. The analysis utilizes contemporary disability studies to examine Ghaly's concepts in Islamic theology and law regarding the inherent nature and fundamental rights of persons with disabilities. However, he also emphasizes the need for new interpretations and contextualizations of this textual heritage based on the values of justice, inclusion, and empowerment. The findings of this study show that there is a stigma associated with disability due to the conflict between Islamic idealism and social reality. Nevertheless, the main principles and laws of Islam provide strong normative guidance for the dignity of persons with disabilities.

Consular services have become a critical site of state intervention in the governance of international labor migration, particularly for migrant-sending countries such as Indonesia whose citizens depend on overseas missions for administrative protection and access to public services abroad. Despite the growing importance of consular institutions in safeguarding migrant workers’ rights and welfare, existing scholarship remains fragmented, offering limited conceptual integration of how administrative capacity shapes institutional readiness in cross-border public service delivery. Addressing this gap, this article presents a structured narrative–integrative literature review that synthesizes international peer-reviewed studies on administrative capacity, policy capacity, consular services, and migrant worker protection published in the last five years. Drawing on Administrative Capacity Theory as the core framework, complemented by Public Service Theory, Policy Implementation Theory, Street-Level Bureaucracy, and Institutional Theory, the review systematically analyzes how different dimensions of capacity configure institutional readiness in consular services. The findings reveal that institutional readiness emerges from the interaction of four interrelated dimensions: human resource capacity, organizational and procedural capacity, institutional and coordination capacity, and resource and infrastructure capacity. Rather than functioning as isolated determinants, these dimensions collectively shape how consular institutions translate formal mandates into service outcomes under conditions of transnational governance, legal pluralism, and fluctuating demand. The review further demonstrates that frontline discretion, coordination gaps, procedural rigidity, and uneven resource allocation are recurrent patterns across the literature, underscoring the dynamic and practice-based nature of administrative capacity in consular contexts. Theoretically, this article contributes to public administration scholarship by extending administrative capacity frameworks into the underexplored domain of cross-border public services and by integrating previously segmented theoretical perspectives into a coherent conceptual synthesis. By reframing consular services as institutionally embedded public service systems rather than solely diplomatic functions, the article advances understanding of institutional readiness in migrant worker protection and provides a robust analytical foundation for future empirical and comparative research in international public administration.