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Aviessita Mar'ah Nuruttamami; Rumawi Rumawi; Udiyo Basuki; ST. Sariroh; Sukron Mazid +4 more

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Lusia Lestina Halawa; Mira Sukma; Evlin Limbong; Wahjoe Pangestoeti

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The transformation of public governance has encouraged a paradigm shift in public service delivery, from an administrative and procedure-oriented approach toward a citizen-centered and value-based model. In this context, public sector marketing has emerged as a strategic instrument to enhance service quality, institutional image, public participation, and trust. This study aims to examine the contemporary implementation of marketing strategies and planning in the public sector, with particular attention to their effectiveness and contextual relevance. The research adopts a qualitative descriptive approach through a systematic literature review of selected scholarly publications addressing public sector marketing, strategy implementation, digital governance, and public service management. The findings indicate that public institutions increasingly apply marketing principles not as commercial activities, but as mechanisms for creating public value through strategic communication, digital engagement, institutional branding, and stakeholder collaboration. However, the effectiveness of implementation varies across organizations and is strongly influenced by leadership capacity, human resources competence, organizational culture, and technological support. The study also reveals that public sector marketing strategies must be adapted to social, cultural, and institutional contexts, as private-sector models cannot be directly transferred. Theoretically, this study strengthens the positioning of marketing as an integral component of public governance. Practically, it provides insights for public organizations to develop contextual, responsive, and sustainable marketing strategies to improve public service performance and trust.

Tamaaulina Br. Sembiring; Zavfirah Alya; Sinta Grace Ika Sianturi

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Family disputes over inheritance are a common social and legal issue in Indonesian society, often leading to long-term conflicts and even legal battles. This situation is influenced by the complex legal system of inheritance in Indonesia, which is pluralistic and includes Western civil law, Islamic law, and customary law. It is further complicated by social, cultural, economic, and psychological factors among the heirs. This study aims to analyze the causes of family disputes in inheritance distribution and examine the role of law in providing certainty, fairness, and benefits for all parties involved. The research method used is normative legal research with a jurisprudential approach, through the study of relevant legal regulations, legal doctrines, and court decisions. The findings show that inheritance disputes are generally caused by unfair distribution of assets, differing interpretations of law, conflicts between customary law, religious law, and national law, as well as poor communication and lack of transparency within the family. Therefore, resolving inheritance disputes requires not only the enforcement of law in a normative manner, but also non-litigious approaches such as mediation, family consultation, and increased legal awareness to maintain family harmony and legal certainty.  

Endah Lakona Sitakar; Muhammad Amar Adly

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The prohibition of proposing to a woman during her ‘iddah period constitutes an Islamic legal provision that is firmly grounded in the normative foundations of the Qur’an and fiqh. This provision aims to preserve the clarity of lineage, protect women’s dignity, and maintain order within the legal framework of marriage. This article examines, from a normative perspective, the prohibition of proposing to a woman during her ‘iddah according to the Shāfi‘ī school of law. The study employs a normative legal research method with a qualitative approach through library research, drawing upon the Qur’an, hadith, and authoritative (mu‘tabar) Shāfi‘ī fiqh texts. The findings indicate that the Shāfi‘ī school strictly prohibits explicit proposals to women during all types of ‘iddah, including ‘iddah resulting from revocable divorce (ṭalāq raj‘ī), irrevocable divorce (ṭalāq bā’in), annulment (fasakh), and death. As for indirect proposals (ta‘rīḍ), they are permitted only for women whose ‘iddah is not accompanied by a right of reconciliation, such as ‘iddah due to death and ‘iddah of ṭalāq bā’in, while remaining prohibited during ‘iddah raj‘ī. This legal ruling reflects the prudence of the Shāfi‘ī school in preventing the occurrence of invalid marriage contracts and affirms the function of ‘iddah as an instrument of Islamic legal regulation rather than merely a biological waiting period.

Riu Zaldi Siregar; Uswatun Hasanah

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the legal provisions regarding interfaith marriage in Indonesia from the perspective of Islamic law and national law. The focus lies on the differences and points of convergence between the two legal systems in assessing the validity of marriages conducted between couples of different religions. This research employs a library research method with a normative-comparative approach, analyzing primary sources such as the Qur’an, Hadith, the Compilation of Islamic Law (KHI), Law Number 1 of 1974 on Marriage, as well as relevant court decisions. The results show that Islamic law explicitly prohibits interfaith marriage, particularly between a Muslim woman and a non-Muslim man, as it contradicts the principles of faith and the objectives of marriage in Islam. Meanwhile, national law through Law Number 1 of 1974 stipulates that a marriage is valid only if conducted according to the laws of each religion and belief, which implicitly rejects the legality of interfaith marriage. In practice, however, some individuals seek legal loopholes through human rights interpretations or by registering their marriages abroad. Therefore, both Islamic and national law share the same goal: to preserve the sanctity of marriage and maintain social harmony based on the divine values upheld by the Indonesian nation.

Husnul Furqon; Muhammad Amar Adly

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Ayu Suraya; Afrijal Afrijal

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Corruption is an extraordinary crime that has multidimensional impacts on a country’s social, economic, and political life. In Indonesia, corruption cases not only cause financial losses to the state but also undermine public trust in the government and weaken the rule of law. This study examines the case of social assistance (bansos) corruption during the Covid-19 pandemic involving former Minister of Social Affairs, Juliari P. Batubara, who was proven to receive bribes from vendors providing social assistance amounting to tens of billions of rupiah. The study aims to understand the regulation of corruption under Indonesian law, the chronology of the bansos corruption case, and the criminal liability of the former Minister of Social Affairs. The analysis shows that this case not only caused financial losses to the state but also inflicted social suffering on the poor affected by the pandemic and reduced the government’s legitimacy. The prison sentence, fines, and obligation to pay state compensation imposed on Juliari affirm the principle of criminal accountability, while digital-based reform in social assistance distribution and multi-layered supervision serve as preventive measures to curb future corruption. This study emphasizes the importance of transparency, accountability, and strict law enforcement in combating corruption in Indonesia.

Ayu Ulandari

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The purpose of this study is to analyze digital transformation in notary services, namely the validity of electronic deeds and the responsibilities of notaries in the era of e-government. This study uses a normative juridical method with a legislative and conceptual approach based on an analysis of relevant regulations, scientific literature, and other legal sources. Data was obtained through literature study and analyzed qualitatively and descriptively to assess the legal certainty and responsibility of notaries in preparing electronic deeds in the era of digital transformation in notarial practice. The results show that digital transformation in the notary field is an impact of information technology developments and e-government policies that change the notary's work processes, including administration, deed preparation, identity verification, and document storage. However, digitization must still comply with the principles of authenticity, legality, data security, and legal certainty in accordance with the characteristics of the notary's position as a public official. This study also found that the implementation of cyber notary in Indonesia still faces normative, technical, and ethical obstacles, such as the absence of comprehensive regulations, limited digital infrastructure, and the risk of identity abuse. Therefore, regulatory harmonization, capacity building for notaries, technology standardization, and effective supervision are needed so that the digitization of notary services can be implemented safely while maintaining the integrity of the profession.

Jihan Seprina Azzahara; Agus Lestari

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Perkembangan teknologi digital yang semakin pesat mendorong perubahan besar dalam dunia pendidikan, sehingga pembelajaran abad ke-21 tidak hanya menekankan pemahaman materi, tetapi juga menuntut penguatan empat kompetensi inti atau 4C, yaitu berpikir kritis, kreativitas, komunikasi, dan kolaborasi. Integrasi teknologi menjadi kebutuhan penting untuk menciptakan pengalaman belajar yang lebih interaktif, adaptif, dan berpusat pada peserta didik. Penelitian ini bertujuan mensintesis temuan dari sebelas artikel ilmiah yang membahas implementasi teknologi dalam mengembangkan keterampilan 4C pada pembelajaran modern. Metode yang digunakan adalah studi literatur dengan menelaah fokus, desain, serta hasil penelitian dari setiap artikel, kemudian mengintegrasikannya melalui analisis tematik untuk memperoleh gambaran yang lebih menyeluruh. Hasil kajian menunjukkan bahwa berbagai bentuk teknologi seperti platform pembelajaran digital, aplikasi mobile, media interaktif, kecerdasan buatan, serta perangkat kolaboratif mampu memberikan dampak signifikan terhadap peningkatan kemampuan peserta didik. Teknologi terbukti memperkuat kemampuan berpikir kritis melalui kegiatan analisis informasi dan pemecahan masalah berbasis digital; meningkatkan kreativitas melalui pembuatan konten multimedia dan eksplorasi ide; memperluas kemampuan komunikasi melalui diskusi virtual, presentasi digital, dan interaksi sinkron maupun asinkron; serta mendorong kolaborasi melalui proyek kelompok berbasis platform daring yang memudahkan koordinasi dan pembagian tugas. Secara keseluruhan, integrasi teknologi memberikan kontribusi besar terhadap pengembangan 4C, meskipun keberhasilannya tetap sangat dipengaruhi oleh kesiapan guru, dukungan sarana, serta desain pembelajaran yang tepat. Temuan ini menegaskan pentingnya peningkatan kompetensi digital pendidik dan penguatan lingkungan belajar berbasis teknologi agar keterampilan 4C dapat dioptimalkan dalam pembelajaran abad 21. Kata kunci: Pembelajaran Abad 21; Keterampilan 4C; Integrasi Teknologi; Pembelajaran Modern; Literasi Digital

Atasa Tarisah; Kuswandi Kuswandi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Domestic violence (DV) is a hidden crime phenomenon with complex criminology, deeply rooted in the interaction between economic pressures and unequal social norms. Financial instability, such as unemployment and poverty, creates profound psychological stress on individuals, especially for perpetrators who fail to fulfill their breadwinner role, which is then expressed through aggressive behavior. Economic crises even causally increase stress, leading to physical or psychological violence. The dominant profile of perpetrators is men with low emotional control who are financially stressed and adhere to patriarchal ideology, while the majority of victims are women (housewives) who are vulnerable due to economic dependence and lack of access to resources, reinforcing the dynamics of economic violence as a systematic means of control. Optimizing response requires an integrated approach: strengthening law enforcement through sensitivity to non-physical violence and guaranteeing the protection of victims' assets, empowering victims economically through training and access to capital to foster independence, and transforming social norms through gender equality campaigns and deconstructing patriarchal culture that considers domestic violence a private matter.

Tamaulina Br. Sembiring; Dewi Fortuna Manulang; Luthfia Azahra

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to Indonesian law, marriage is a legal act that has legal consequences for the personal status, assets, and rights and obligations of husband and wife. Therefore, marriage requires the free and conscious will of both prospective bride and groom as the basis for the birth of a valid legal relationship. This study examines the importance of getting to know your partner before getting married from a legal perspective, especially as a form of preventive legal protection in marriage law. This research uses a normative juridical method with a statutory approach and a conceptual approach through literature study of statutory regulations, legal doctrine and relevant scientific literature. The research results show that although Indonesian positive law does not yet explicitly regulate the obligation to get to know one's partner before marriage, the objectives of the Marriage Law, the principle of consensualism, and pre-marital guidance policies reflect the importance of the prospective bride and groom's substantive readiness. This readiness is related to understanding the rights and obligations in marriage as well as the legal consequences that accompany them. Thus, getting to know partners before marriage has legal relevance as an effort to prevent disputes, divorce and family disputes, as well as strengthening legal protection for husbands, wives and children in the institution of marriage.  

Sofia Nur Oktaviani; Weni Rosdiana

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Ten Scholars per Village Scholarship Program (SESAR) is an initiative of the Bojonegoro Regency Government to expand access to higher education for rural communities. This study evaluates the implementation of the program using the CIPP model (Context, Input, Process, Product). The evaluation was conducted through interviews, document analysis, observations, and information from program implementers to assess policy relevance, resource readiness, process quality, and achieved outcomes. The results indicate that the program is relevant to the goal of educational equity; however, the distribution of beneficiaries has not been even due to differences in the number of applicants and socio-economic conditions among villages. In terms of context, the program aligns with the need for equitable access to higher education, although beneficiary distribution remains uneven. From the input perspective, regulations and funding are adequate, but administrative requirements and higher education accreditation criteria still limit potential applicants. Regarding the process, the selection mechanism follows the established guidelines; nevertheless, socialization remains insufficient, document verification poses challenges, and fund disbursement is often delayed. In the product aspect, the program provides tangible benefits by supporting the continuity of higher education for rural students, although its overall effectiveness still requires improvement.

Tiara Putri Ayu Setyaningrum; M. Junaidi

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Aceh Sharia Court has special authority to enforce Qanun Jinayat as part of the implementation of Aceh's privileges in the legal field. This research aims to analyze the effectiveness of the Sharia Court in enforcing Qanun Jinayat in Aceh. The research method used is normative legal research with a statutory regulatory approach and a conceptual approach. The research results show that the Sharia Court has carried out judicial functions in accordance with its authority in examining, adjudicating and deciding jinayat cases. The research results reveal that the effectiveness of enforcing Qanun Jinayat still faces a number of obstacles, including limited resources of the judicial apparatus, differences in public understanding of jinayat law, and coordination between law enforcers that is not yet optimal. This research concludes that the Sharia Court functions in enforcing Qanun Jinayat, but it requires improving institutional quality and legal system support so that the objectives of enforcing sharia law can be achieved optimally.

Muhammad Rayhan Putera; M. Junaidi

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The Aceh Sharia Court is a special judicial institution formed based on the specifics of Aceh as regulated in the Aceh Government Law. The existence of the Aceh Sharia Court has juridical consequences for the exercise of judicial power which was previously exercised by the Religious Courts. This research aims to analyze the position of the Aceh Sharia Court in the national justice system and examine its power in replacing the authority of the Religious Courts in handling cases related to Islamic law. The research method used is normative legal research. The research results show that the Aceh Sharia Court has an equal position to the Religious Court in the judicial power structure, but has broader authority because it covers Islamic civil cases, sharia criminal (jinayat), and sharia procedural law. This transfer of authority does not eliminate the existence of the Religious Courts nationally, but creates a special justice system that only applies in the Aceh region. The position of the Aceh Sharia Court strengthens the implementation of Islamic law within the framework of the Unitary State of the Republic of Indonesia and remains under the guidance of the Supreme Court.

Arief Kurniawan; Siti Saniah; Ongky Almus

Mahkamah : Jurnal Riset Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of the Central Government Core Area (KIPP) of the Capital City of Nusantara (IKN) is a national strategic project that has significant implications, particularly in relation to state control/domination of land.  The relocation of the national capital to the Capital City of Nusantara (IKN) has become a strategic agenda of the Indonesian government, which aims to realize equitable development and a new administrative center in Indonesia (Law Number 3 of 2022 concerning the National Capital) and has an impact on all aspects of the lives of indigenous peoples in the IKN Nusantara region, particularly in the field of land.  However, this project raises serious issues related to state control of land, especially in terms of the rights of the surrounding communities whose land is affected by the Development of the Central Government Area of the Capital City of Nusantara (KIPP IKN).  Land restitution is a central issue because it concerns the guarantee of human rights, particularly the right to ownership, access to land, and social justice (Satjipto Rahardjo, Hukum dan Masyarakat [Law and Society] (Bandung: Alumni, 2000).  This study analyzes how land restitution in the KIPP IKN development project is viewed from a human rights perspective, emphasizing the need for a balance between national development interests and the protection of citizens' rights.

Johny Budiman; Celvian Celvian

Nusantara Mengabdi Kepada Negeri 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This community service activity was conducted at PT Danny Karya Sukses, a newly established distribution company specializing in stainless steel kitchen equipment in Batam City, which faced challenges in managing inventory due to the use of manual recording systems and the absence of standardized operational procedures. These conditions led to a high risk of data inaccuracies, stock discrepancies, and inefficiencies in operational coordination. The objective of this program was to design and implement a standardized Inventory Standard Operating Procedure (SOP) integrated with a digital inventory management system using Zoho Inventory. The methods employed included interviews, field observations, documentation studies, and literature reviews to identify operational needs and design appropriate solutions. The implementation process involved SOP development, system configuration, employee training, and operational assistance. The findings indicate significant improvements in inventory accuracy, real-time stock monitoring, work efficiency, and interdepartmental coordination between administration, warehouse, and sales divisions. The adoption of Zoho Inventory reduced manual errors, accelerated stock reporting, and strengthened internal control mechanisms. The implications of this activity demonstrate that the integration of digital inventory systems with clear SOPs can serve as a strong operational foundation for newly established distribution companies, supporting sustainable business growth and enhanced competitiveness.

Desynta Indah Safitri; Irhamni Rahman

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The transition period from adolescence to early adulthood is marked by a search for identity and life direction, which often triggers a quarter-life crisis among Gen Z students. This qualitative research with a case study approach explores how peer social support helps Gen Z students navigate the quarter-life crisis in the Social Youth Community. The findings reveal that students experience seven dimensions of the quarter-life crisis: difficulty in making decisions, loss of hope, negative self-perception, feeling stuck, restlessness, psychological stress, and excessive anxiety. Peer social support is manifested in three ways: affective assistance through empathetic listening, informative support through advice and guidance, and tangible help through physical presence and time commitment. The perceived benefits include feeling valued, emotional strength through care and affection, peace of mind that reduces restlessness, and an understanding of friendship networks that foster optimism. This research contributes to the development of a peer-based mentoring approach in higher education to effectively help Gen Z cope with the quarter-life crisis.

Lodia Lede Hiku; Yeftha Y. Sabaat; Stefanus Triadmaja; Rex Tiran

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research is entitled “Women’s Representation in Political (Analysis of the Low Number of Elected Female Legislative Members in the Sabu Raijua Regency DPRD in the 2024 Election).” The low representation of women in politics is a significant issue in various regions, including Sabu Raijua Regency. This study aims to analyse the low representation of women in politics and the factors that hinder women from becoming legislative members in the Sabu Raijua Regency DPRD in the 2024 elections using Gender Theory, which focuses on three derivatives of the theory, namely gender issues, gender ideas, and gender representation. The results of the study show that the obstacles faced by women are not only related to individual capabilities, but are also the result of social constructs influenced by gender issues, gender ideas, and gender representation. Women are often faced with domestic burdens, financial constraints, and a lack of training from political parties, which limits their political capacity. Patriarchal customs also reinforce the notion that men are more suitable for leadership, while women are seen as quota fillers. As a result, representation is more symbolic than substantial, as evidenced by the fact that only two women have won seats in the Regional People's Representative Council (DPRD), one of whom was through the PAW mechanism. Barriers include traditional norms, gender stereotypes, and social legitimacy; lack of support and strategy from political parties; and financial constraints and campaign capital.

Irfan Fauzi; Arini Nabila Azzahra

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

State-based conservation in Indonesia often faces institutional failure and social resistance, resulting in continued deforestation. Conversely, Indigenous conservation models in West Java, specifically the Leuweung Larangan (forbidden forest), demonstrate significant ecological resilience. However, the legal standing of these customary practices within Islamic jurisprudence remains under-theorized, creating a dichotomy between Adat (custom) and Sharia. This study proposes a juridical reconstruction of the Sundanese taboo mechanism (Pamali) as Jarimah Ta’zir (discretionary sanction) to strengthen environmental law enforcement. Utilizing a socio-legal approach and ecological hermeneutics, this research analyzes Yusuf al-Qardhawi’s concept of Fiqh al-Bi’ah and Seyyed Hossein Nasr’s sacred science, alongside relevant empirical data on Indigenous forest governance. The findings demonstrate that Leuweung Larangan structurally manifests as Hima Syar’i (sacred protected zone). Operationally, Pamali functions not merely as a cultural myth, but as a preventive legal instrument (Sadd al-Dzari’ah) where environmental violations constitute religious criminal acts. This creates a "Sundanese Eco-theology" model that establishes a double-layered compliance system—social sanctions and theological liability—proving more effective for carbon preservation than state regulations alone. The study recommends integrating this model into the Green Constitution framework to resolve tenurial conflicts and enhance climate resilience.

Nurhaidah Siregar; Uswatun Hasanah

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

The phenomenon of the dual role of wives is a complex social reality amidst the patriarchal culture that is still deeply rooted in Indonesian society. In this social system, women often bear the double burden of domestic responsibilities as well as public roles, which often gives rise to gender inequality, role conflict, and psychological stress. This article aims to analyze the dual role of wives in a patriarchal culture using a gender perspective and maqasid sharia as an analytical framework. The research method used is a literature study with a qualitative-descriptive approach to various relevant literature. The results of the study indicate that patriarchal culture tends to limit access and recognition of women's roles, thus contradicting the principle of gender justice. Meanwhile, maqasid sharia emphasizes the values ​​of balance, justice, and benefit in husband-wife relations. The principles of hifz ad-din, hifz an-nafs, hifz al-aql, hifz an-nasl, and hifz al-mal provide theological legitimacy for women's social and economic roles as long as they are carried out within the framework of justice, shared responsibility, and family harmony.