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The last few decades of the institutionalization of Islamic finance are notable for the fundamental controversies surrounding its institutionalization. These controversies can be seen rooted in the dual phenomena of the legalistic form taking Islamic finance as a practice and the overwhelming reliance on modern managerial paradigms. There are significant ethical gaps as consequence. The objective of the current research is to aim to help reconstruct the philosophy of Islamic financial management from the perspective of the maqasid al-shariah and, importantly, to treat it as a primary lens and not secondary. The research employs a qualitative conceptual and philosophical approach and attempts to engage the prevailing paradigms and contours of Islamic finance through the lenses of ontology, epistemology and axiology. The research finds that contemporary Islamic financial management suffers from a deficient ontology of profit, epistemology of compliance and an axiology that is instrumentally weak. In light of the above, the research articulates the philosophy of Islamic Finance in the direction of the maqasid and posits that finance as an instrument of maslahah, and so, in that order, integrate revelation, reason, and the socio-economic order, and it is, thereby, just to place the preeminent values of human dignity, justice and the welfare of the greater good (public) in the financing of maslahah. The research articulates a coherently formulated philosophy of Islamic financial management based on the maqasid for the Islamic financial management of practice and for empirical, policy and institutional Islamic finance reform, and so makes a significant theoretical contribution.

This article analyzes the application of the hierarchy of norms in the decisions of the Constitutional Court concerning Law Number 17 of 2023 on Health using the perspective of Hans Kelsen’s Stufenbau theory. The enactment of the Health Law has generated significant legal debate and several constitutional review petitions submitted to the Constitutional Court, raising questions about the consistency between statutory norms and constitutional principles. This study aims to examine how the Constitutional Court applies the principle of hierarchical norms in reviewing the constitutionality of the Health Law and to assess the relevance of Stufenbau theory in explaining the interpretation of legal norms in constitutional adjudication. This research employs a normative juridical method using statute, conceptual, and case approaches. Primary legal materials consist of the 1945 Constitution, Law Number 17 of 2023 on Health, and relevant Constitutional Court decisions, supported by secondary legal materials from academic literature and legal studies. The findings show that the Constitutional Court consistently positions the 1945 Constitution as the highest norm within the Indonesian legal system and uses the hierarchy of norms as the basis for evaluating the validity of statutory provisions. The Court maintains the legal force of the Health Law when no normative conflict with the Constitution is identified, while in certain cases it provides constitutional interpretation to ensure the compatibility of statutory norms with constitutional principles. This study demonstrates that Stufenbau theory remains relevant as an analytical framework for understanding the hierarchical structure of legal norms and the operation of constitutional review within the Indonesian legal system.

Social protection programs in Indonesia play a strategic role in poverty alleviation and supporting economic development. One form of social protection implementation at the regional level is the Depok Prosperity Card (KDS) Program, implemented by the Depok City Government as a means of ensuring food security for underprivileged communities. However, the program's implementation has been deemed incompletely transparent and poorly targeted, as expressed by several members of the Depok City Council (DPRD). Therefore, this study aims to analyze the implementation of the city's food security policy through the Depok Sejahtera Card Program in Tanah Baru Village, Depok City. This study uses Charles O. Jones's policy implementation theory, which encompasses three main indicators: organization, interpretation, and implementation. The research method used is descriptive with a qualitative approach. The results indicate that, from an organizational perspective, the Depok Sejahtera Card Program has been implemented quite well, characterized by a clear division of tasks among relevant stakeholders. From an interpretive perspective, the program has a strong legal basis through Depok Mayor Regulation Number 79 of 2022 and aims to reduce poverty. However, various obstacles remain in the implementation aspect, resulting in program implementation not being optimal and efficient. Nevertheless, the program is considered beneficial for recipient communities, although an increase in the amount of assistance is still needed to meet food needs for a period of one month.

This study examines the prohibition of marriage based on the babisiak oath in Nagari Lunto, Lembah Segar District, Sawahlunto City, from the perspective of Sadd al-Dzari’ah and the views of Generation Z. The babisiak oath is a traditional vow made by previous ninik mamak (customary elders) declaring that members of the Buo Bungo tribe and the Kutia Anyia Bawah tribe are forbidden to marry, as the elders had sworn a brotherhood bond known as batali budi. This research employs a qualitative field research approach. Data were collected through in-depth interviews with the Head of the Kerapatan Adat Nagari (KAN) of Lunto Village and several Generation Z members residing in the area. The collected data were analyzed using descriptive and qualitative methods. The findings indicate that, from the perspective of Sadd al-Dzari’ah, the marriage prohibition falls into the third category, namely a permissible act that has a strong potential to cause harm. Allowing such marriages could reopen historical conflicts, expose past grievances between the tribes, and potentially lead to social or physical disputes. Furthermore, Generation Z’s perspectives on the prohibition can be classified into three groups: those who remain obedient to the custom, those who hold a moderate stance, and those who tend to reject the prohibition. Despite these differences, most Generation Z respondents acknowledge that the babisiak oath has historical and social value that deserves preservation. However, they also emphasize the need to reinterpret its implementation in the contemporary context to prevent conflicts between customary law, Islamic legal principles, and individual freedom.

Digital transformation in judicial institutions is aimed at improving transparency, efficiency, and legal certainty for the public. One of the main instruments in the digitization of the judiciary in Indonesia is the Case Tracking Information System (Sistem Informasi Penelusuran Perkara/SIPP), which functions as a means of case administration as well as a medium for public information disclosure. Although SIPP is considered to be running well from an administrative perspective, its effectiveness from the point of view of service users, particularly in providing information on court schedules, still shows limitations in its practical use. This study aims to analyze the effectiveness of SIPP in providing information and certainty regarding court schedules for service users at the Surabaya Class IA Special District Court. This study uses a qualitative approach with a descriptive research type. Data was obtained through in-depth interviews with service users and court officials, observation, and review of documents and system data. The analysis was conducted using the Socio-digital effectiveness framework, which focuses on three dimensions, namely user experience, citizen engagement, and public value, to examine the relationship between digital systems, user experience, and the social meaning of public judicial services. The analysis shows that the SIPP has been quite effective in providing access to court schedule information at the administrative level. This effectiveness is reflected in the openness of information access, which can be used by the public without special authentication. However, at the level of practical use, there are still limitations in terms of timeliness and consistency of information updates when there are delays or changes to the court schedule. This affects the user experience in planning attendance and shapes perceptions of the reliability of the digital information provided by the court.

Abstract. This study aims to examine the causes, forms, and strategies for combating violence against female Indonesian migrant workers (PMI) from a legal, sociological, and gender perspective. The background of this research is based on the vulnerability of female PMI to various forms of physical, psychological, sexual, and economic violence, which occurs from the pre-placement stage to the post-placement stage, as well as the long-term impact on mental health, human rights, and socio-economic reintegration. The method used is empirical legal with primary data collection through in-depth interviews with female PMI victims of violence and accompanying institutions, as well as secondary data in the form of literature reviews, laws and regulations, and scientific publications. The analysis was conducted using descriptive qualitative methods, integrating human rights theory, Feminist Legal Theory, and international migration policy. The results of the study show that the vulnerability of female migrant workers is caused by economic factors, education, patriarchal culture, non-transparent recruitment processes, the characteristics of work in the informal sector, power imbalances with employers, and weak legal protection in the destination country. The forms of violence experienced include beatings, sexual harassment, threats, social isolation, wage withholding, and structural exploitation practices. Protection efforts implemented include preventive approaches through training, legal education, legal document guarantees, and assistance from law enforcement agencies, as well as repressive approaches through action against perpetrators of violence and bilateral cooperation with destination countries. This study emphasizes the importance of comprehensive and sustainable protection for female Indonesian migrant workers, covering all stages of labor migration as well as strengthening digital-based monitoring systems, officer capacity, and cross-sector collaboration to ensure the safety, dignity, and fulfillment of the human rights of female Indonesian migrant workers.  

Early marriage is a social phenomenon that still frequently occurs in Indonesia and gives rise to various problems, both from the perspective of state law and socio-religious aspects. From the standpoint of state regulations, early marriage is considered a violation of statutory provisions, particularly the Marriage Law, which stipulates a minimum legal age for marriage in order to protect children's rights. This practice results in various negative impacts, including increased health risks for mothers and children, disruption of educational attainment, economic instability within families, as well as high rates of divorce and domestic violence. From the perspective of Islamic law, early marriage is not absolutely prohibited; however, Islam strongly emphasizes the principles of public welfare (maṣlaḥah), physical and mental readiness, and responsibility in establishing a household. Therefore, Islamic legal solutions to early marriage as a violation of state regulations can be implemented through the maqāṣid al-sharī‘ah approach, which aims to protect life, intellect, and lineage, as well as by supporting state regulations intended to safeguard the rights and welfare of children. Consequently, synergy between Islamic law and state law is essential in preventing early marriage and in creating a healthy and just family structure.

Based on article (Shelley, 2010) Human Trafficking is the act of recruiting, transporting, transferring, harboring, or receiving individuals through force, fraud, or corcecion for the purpose of exploiting them profit. This exploitation may include forced labor, sexual slavery, or other forms of commercial sexual exploitation. It is considered a serious violation of human rights and includes a form of modern slavery, a crime against humanity. Human trafficking is a global threat that requires serious attention and real action. Factors such as poverty, political instability, and lack of public awareness make human trafficking increasingly difficult to eradicate. Therefore, there is a need for international cooperation, government, and community cooperation to prevent, protect, and recover victims of human trafficking. Human trafficking is a serious crime that continues to grow, including in Cambodia, which is vulnerable due to geographical and socioeconomic factors. This study aims to analyze the handling of human trafficking cases in Cambodia from the perspective of international legal policy. Sexual exploitation, forced labor, and organ trafficking are the main forms of this crime. Although Cambodia has adopted various laws, its implementation is still hampered by limited resources, corruption, and weak cooperation between countries. International community support such as the Palermo Protocol has helped, but law enforcement remains inconsistent. This study emphasizes the importance of stricter law enforcement and an adequate rehabilitation system for victims. Collaboration between governments and NGOs is urgently needed to create effective solutions and better protection for victims of human trafficking.

The strengthening of the Secretariat apparatus of the Regional Representative Council (DPRD) is a strategic issue in the governance of legislative administration at the regional level in Indonesia. However, studies on the DPRD Secretariat remain relatively limited and tend to emphasize structural and regulatory aspects, without comprehensively addressing institutional dynamics. This study aims to strengthen the DPRD Secretariat apparatus through an institutionalist perspective, using the Institutional Three Pillars Theory framework proposed by W. Richard Scott. This study is a conceptual paper developed through a narrative literature review approach, examining both classical and contemporary literature in the fields of institutionalism and public administration. The analysis focuses on how the regulatory, normative, and cognitive pillars interact to shape the institutional practices of the DPRD Secretariat as an institution supporting the legislative, budgeting, and oversight functions at the regional level. The study's findings show that the strengthening of the DPRD Secretariat apparatus cannot be understood solely as a consequence of formal regulation, but rather as an institutional process involving a balance between legal rules, professional values and norms, and collective meaning-making regarding the role and institutional identity. This study is not intended to empirically assess performance but offers a conceptual framework that can be used to understand the dynamics of regional legislative administration more holistically. Theoretically, this research contributes to enriching institutionalism studies in public administration by positioning the DPRD Secretariat as a complex and contextual institution. The conceptual framework offered is expected to serve as a reference for future empirical research and conceptual reflection for strengthening legislative administration institutions in Indonesia.

This study evaluates the legal perspective concerning business competition in Indonesia regarding alleged abuse of dominant power in the competition between digital platforms TikTok Shop (including the acquisition of Tokopedia) and Shopee. The method applied is normative juridical with a case study approach, referring to Law Number 5 of 1999, particularly Articles 19–21 related to market control and Article 20 concerning below-cost selling practices. The analysis focuses on inter-platform integration, aggressive discount strategies, use of cross-platform data, as well as post-acquisition behavior that may hinder healthy competition. The assessment is conducted by considering market structure, business actors' behavior, and law enforcement efforts by the Business Competition Supervisory Commission (KPPU). Research findings indicate that although TikTok Shop has strong competitiveness following the acquisition, proving the existence of abuse of a dominant position requires meeting legal and economic provisions rigorously. Therefore, the implementation of conditional approval and remedial measures by the KPPU is considered a reasonable step to maintain a healthy business competition environment in the digital era.

The phenomenon of child labor exploitation in the textile industry is a form of human rights violation that continues to occur in various countries, including in the global supply chains of multinational corporations. This practice not only involves individual perpetrators but also demonstrates the systematic involvement of corporations through production policies, cost pressures, and disregard for labor standards. The concept of corporate complicity is relevant to analyzing the extent to which corporations can be held criminally liable for human rights violations that occur in their business activities. This study aims to examine the forms of corporate involvement in child labor exploitation in the textile industry and analyze the framework for corporate criminal liability from a national and international legal perspective. The research method used is normative legal research with a statutory, conceptual, and case study approach. The results show that corporations can be considered to have participated in or assisted in human rights violations if they know about, allow, or profit from the practice of child labor exploitation. Although various international legal instruments such as the UN Guiding Principles on Business and Human Rights have affirmed corporate responsibility for human rights, their implementation in national law still faces obstacles, particularly regarding proving the element of guilt and imposing criminal sanctions on legal entities. Therefore, strengthening regulations, supply chain oversight mechanisms, and strict law enforcement are needed so that corporate criminal liability can be an effective instrument in preventing the exploitation of child labor and ensuring human rights protection.

Obligatory prayer is a fundamental act of worship in Islam; performing it earns reward, while neglecting it results in sin for those who have fulfilled the required conditions, namely being of legal age (baligh), of sound mind, and free from ritual impurity (hadath). The background of this study is important for understanding how the values upheld by classical fiqh scholars and Islamic teachings can be interpreted in a way that connects traditional understanding with the needs of the Muslim community in the modern era. This research aims to identify, analyze, and compare the values of farḍu prayer based on the perspectives of different groups of scholars. The results show that classical scholars emphasize values such as obedience, order, legal aspects, discipline, and devotion (khushu’). In contrast, contemporary scholars place greater emphasis on personal transformation, social ethics, and the importance of prayer in shaping the character of the modern Muslim.The conclusion is that these two perspectives can be integrated to provide a more comprehensive understanding of the values of farḍu prayer that remain relevant for all times. Farḍu prayer holds a central position in Islam as the second pillar of Islam after the declaration of faith (shahada) and consists of five daily prayers: Fajr, Dhuhr, Asr, Maghrib, and Isha.

Thaharah represents a core principle within Islamic teachings, encompasses both bodily cleanliness and spiritual sanctity, and functions as an essential requirement for the proper observance of acts of worship, including prayer, tawaf, and the recitation of the Qur’an. This concept extends beyond ritual practice, reflecting a manifestation of faith that encourages Muslims to maintain personal hygiene, environmental cleanliness, and spiritual closeness to Allah SWT. This study aims to explore and critically examine the concept of thaharah in a comprehensive manner, clarify its role within Islamic religious practices, and assess its relevance in fostering clean lifestyle behaviors and appropriate worship practices in accordance with Islamic legal principles in contemporary society. Conceptually, thaharah is divided into two main forms: purification from ritual impurity (hadas) through ablution (wudu), ritual bathing (ghusl), or dry purification (tayammum), and purification from physical impurities (najis) by cleansing the body, clothing, and surrounding environment. The normative foundation of thaharah is reinforced by textual evidence, including Surah Al-Ma’idah verse 6 and prophetic traditions that emphasize cleanliness as an integral part of faith. Thus, thaharah offers a holistic perspective on cleanliness that integrates both worldly and spiritual dimensions of Muslim life.  

This study analyzes the corporate crime perspective and directors’ liability in the LNG procurement case at Pertamina as a State-Owned Enterprise (SOE). The research aims to examine how the elements of corporate crime are constructed, how directors’ actions are assessed within the framework of fiduciary duty and the business judgment rule, and what legal implications arise for corporate accountability in SOEs. The study employs a normative juridical method using a case approach, statute approach, and conceptual approach. Primary data consist of court documents, statutes, and regulatory frameworks, while secondary data are obtained from academic journals, institutional reports, and credible publications. The findings reveal that distinguishing legitimate business risk from abuse of authority is central to determining corporate criminal liability, particularly when decisions intersect with state finances and public interests. The analysis further indicates that SOE directors carry dual obligations: to ensure effective corporate governance while at the same time facing heightened exposure to criminal liability when losses are associated with state assets. This study contributes by clarifying how legal assessments should balance accountability with the protection of reasonable managerial discretion. The implications highlight the need for clearer decision-making standards, stronger governance mechanisms, and better alignment between corporate law and anti-corruption frameworks in order to promote legal certainty without discouraging prudent business judgment.

Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia guarantees the right of every person to live in a good and healthy environment, while Article 33 paragraph (4) of the 1945 Constitution of the Republic of Indonesia affirms the principle of sustainable and environmentally friendly development as the basis for natural resource management. These constitutional norms are implemented through Law No. 32 of 2009 concerning Environmental Protection and Management, which requires every business activity to prevent any pollution and/or environmental damage. In addition, through Law Number 11 of 2020 concerning Job Creation as amended by Law Number 6 of 2023, there have been significant changes in the business licensing system and environmental protection instruments, including the integration of environmental approval into risk-based business licensing as regulated in Articles 22 and 23. In the context of oil palm plantations in Sumatra, these changes in norms have legal implications for the fulfillment of business actors' legal obligations in environmental protection and management. This study aims to analyze the impact of oil palm plantation exploitation in Sumatra from an environmental law perspective, particularly in relation to legal violations based on the normative framework of applicable laws and regulations after the enactment of the Job Creation Law.

The phenomenon of unregistered marriages in Indonesia is a complex issue that continues to spark debate between religious legitimacy and legal validity under national law. From an Islamic legal perspective, marriage is considered valid if it meets the essential pillars and requirements, such as the presence of a guardian, two witnesses, a dowry, and the consent (ijab qabul) both the bride and groom. However, according Indonesian national law, specifically Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law (KHI), every marriage must be officially registered to receive legal recognition and protection. This discrepancy between the two legal systems raises serious problems, particularly regarding the legal status of wives and children, inheritance rights, and legal protection for women in both the private and public spheres. This study aims analyze the issue of unregistered marriages in Indonesia from the perspectives of Islamic law and national law, and to identify the social and legal impacts unregistered marriages. The approach used is normative-juridical, by analyzing legislation, classical and contemporary Islamic legal literature, and empirical case studies in the community. Research findings indicate that although unregistered marriages are considered valid religiously, they lack legal force the eyes of the state, leading to unequal rights for women and children. This situation results in difficulties obtaining birth certificates, inheritance rights, and legal protection cases divorce or domestic violence. This research emphasizes the need for synchronization between Islamic and national legal systems through strengthening regulations and public education regarding the importance of marriage registration.

Land sale and purchase agreements are legal acts frequently carried out in social practice. However, such agreements are often executed under hand without the involvement of authorized officials as required under land law. The practice of under-hand land sale and purchase gives rise to various legal issues, particularly concerning the validity of the agreement, the transfer of land rights, and legal protection for the parties in the event of disputes. This article aims to analyze the legal status of under-hand land sale and purchase agreements from the perspectives of civil law and land law, examine the legal consequences arising from such agreements on the transfer of land rights, and review the forms of legal protection available to the parties. The research method employed is normative juridical, using statutory and conceptual approaches. The findings indicate that under-hand land sale and purchase agreements may be considered valid under civil law as long as they fulfill the legal requirements of a valid agreement; however, they do not automatically result in the transfer of land rights under land law. Consequently, the legal position of the buyer becomes weak in the event of a dispute. Therefore, public legal awareness and the role of the state in strengthening dissemination and enforcement of land law are necessary to ensure legal certainty and protection.

This study discusses the legal problems faced by tobacco farmers in Sukorejo Village, Kotaanyar District, Probolinggo Regency due to the closure of large tobacco warehouses that force them to depend on middlemen. This condition causes legal uncertainty, an imbalance in the bargaining position, and alleged violations of the principle of healthy business competition, thus having a direct impact on the economic sustainability of farmers. The focus of this research is to describe the practice of business competition and its impact on tobacco farmers and explain the form of legal protection from the perspective of business competition law and sharia economic law. The research method used is empirical law with a sociology approach to law and legislation, through observations, interviews, and documentation from farmers, middlemen, and factories. The results of the study show that there is dominance of middlemen in cooperation with large factories so that farmers lose freedom in determining prices. This condition does not reflect the principles of fairness and transparency in business competition. Legal protection is still weak because there is no regulation of the basic price or a definite buying and selling mechanism. In the perspective of sharia economic law, the practice violates the principles of al-adl (justice) and al-amanah (honesty). In conclusion, preventive legal protection is needed in the form of price regulation and the establishment of marketing cooperatives, as well as repressive protection through law enforcement against unfair business competition practices.

In the ever-evolving digital era, the importance of cyber law in safeguarding user privacy cannot be overstated. As a distinct legal discipline, cyber law examines regulations that oversee activities in cyberspace, offering legal protection regarding personal data and user privacy. Referring to various credible sources, this article evaluates the role of cyber law in protecting user privacy in the Indonesian context. The article discusses regulations such as the Electronic Information and Transactions Law (UU ITE), the Government Regulation on Electronic Systems, and the Personal Data Protection Bill. The main elements analyzed include supervision, regulation, resolution, and protection of user rights when facing digital security challenges. The examination shows that cyber law plays a significant role in protecting individuals' personal information, thereby encouraging safer and more trustworthy digital services. Furthermore, the article points out the various challenges faced in enforcing cyber law, such as administrative constraints, inadequate digital literacy, and limited access to justice, especially for those without legal knowledge or support. Consequently, to improve the effectiveness of cyber law, continued efforts are needed to strengthen the digital regulatory framework and provide more comprehensive user privacy protection. This perspective seeks to enhance understanding of the significance of cyber law in safeguarding privacy and proposes recommendations for governments and relevant organizations in addressing privacy issues in the digital age.

This article examines in depth the concept of protecting human dignity through the regulation of gaze and physical contact among mahram according to the Shafi‘i School of Islamic law. From an Islamic perspective, the preservation of dignity (ḥifẓ al-‘irḍ) occupies a highly fundamental position as part of the objectives of Islamic law, particularly in regulating social relations and family interactions. Although mahram relationships legally allow closer interaction, Islam continues to establish ethical boundaries to safeguard purity and moral values. This study is a normative legal research employing conceptual and normative-fiqh approaches, relying on primary sources such as the Qur’an, the Prophetic traditions (hadith), and classical as well as contemporary Shafi‘i jurisprudential literature. The findings indicate that the Shafi‘i School does not regard mahram relations as a sphere of absolute and unrestricted freedom, but instead provides clear regulations concerning gaze and physical contact. Visual interaction is permitted in a limited manner, restricted to certain parts of the body and subject to the condition that it does not provoke desire or potential moral temptation (fitnah). Meanwhile, physical contact is regulated more strictly and, in principle, is only permitted in situations of legitimate shar‘i necessity, such as medical treatment or emergency circumstances. Therefore, the regulation of gaze and physical contact among mahram in the Shafi‘i School functions as an instrument for protecting human dignity, preserving the sanctity of family relationships, and preventing behavioral deviations from an early stage.