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Nazila Riskiya Putri; Nayla Damayanti; Meifta Dian Safitri; Ahmad Muhamad Mustin Nasoha

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

This study aims to examine the position of Pancasila as a grundnorm within the Indonesian constitutional system and the role of Islamic Religious Education as an ethical foundation in strengthening constitutional principles from the perspective of Islamic sociological legal theory. The methodology employed is a qualitative approach using library research, involving the analysis of various relevant literature sources. The findings indicate that Pancasila plays a fundamental role in the Indonesian legal system, serving as the highest norm in the hierarchy of laws, while also functioning as an ethical guideline in the life of the nation and the state. Islamic Religious Education plays a significant role in shaping the moral constitution through the understanding of values such as honesty, justice, responsibility, and trustworthiness, in line with the principles of Pancasila. The integration of Pancasila values and Islamic teachings, viewed through the lens of sociological law, demonstrates that effective law is not merely normative but also responsive to social realities. Therefore, Islamic sociological legal theory can strengthen the Indonesian constitutional system through the integration of normative, moral, and sociological values, resulting in a more responsive, just, and contextually relevant legal system.

Ahmad Muhammad Musain Nasoha; Afifah Nur Khusna; Erma Nur Fitriyani; Yesha Renata Andyne Ramadhani

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

This study aims to analyze the integration of Pancasila values and Islamic Religious Education (PAI) in shaping digital ethics and to examine the development of digital law through the Islamic Sociological Jurisprudence Theory approach. This research employs a qualitative method with a literature study approach based on relevant academic sources and journals. The findings indicate that the integration of Pancasila and PAI serves as a comprehensive ethical foundation in shaping digital behavior by reinforcing moral, spiritual, and social values. Furthermore, digital law is understood as a product of the interaction between social and religious values, which is dynamic and adaptive to technological developments. The Islamic Sociological Jurisprudence Theory contributes to constructing a legal paradigm that is not only formal-legal but also contextual and oriented toward public welfare (maslahah). The ethical-based digital law development model integrating Pancasila and Islamic values is considered relevant in addressing contemporary digital challenges, such as misinformation, privacy violations, and cybercrime. However, this study also identifies limitations, particularly in the implementation aspect, which remains largely normative and has not been optimally integrated into concrete policies. Therefore, it is necessary to strengthen adaptive regulations, develop applicable digital ethics education, and conduct further empirical research to establish a just and sustainable digital legal system.

Ahmad Muhammad Musta’in Nasoha; Maulida Ristia Ardhita; Meisya Putri Aulia; Safira Zahrotul Ulya; Tiara Luna Oktavia

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

This study aims to analyze the relationship between legal compliance and the internalization of the constitution in strengthening the concept of the rule of law through a constitutional rights approach and the theory of Islamic Sociological Jurisprudence. The main issue addressed is the low level of legal compliance, which is often caused by a weak understanding and internalization of constitutional values in society. This research employs a normative juridical method with conceptual and sociological approaches, supported by an analysis of Islamic legal theory that emphasizes the interconnection between legal norms, social values, and morality. The findings indicate that legal compliance does not solely depend on formal law enforcement mechanisms, but also on the process of internalizing constitutional values as part of public legal awareness. The constitutional rights approach positions individuals as primary subjects who possess awareness of their rights and obligations, while the theory of Islamic Sociological Jurisprudence reinforces the moral and social dimensions in the formation of legal compliance. The integration of these two approaches can create a legal system that is not only normative in nature but also responsive to the social and religious values of society. Therefore, strengthening the rule of law requires a comprehensive strategy through legal education, the internalization of constitutional values, and the enhancement of moral awareness based on Islamic principles. This study is expected to contribute both theoretically and practically to the development of integrative and contextual legal studies in Indonesia.

Nova Fitriana Kusumaningtyas; Ahmad Muhammad Mustain Nasoha; Inasa Areeva; Alifia Arin Nabila; Zulfa Maulida

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to reconstruct legal awareness and social justice in the context of a contemporary rule of law through the integration of economic law, digital law, civil law, criminal law, and constitutional law within the framework of citizenship rights and Islamic Sociological Jurisprudence Theory. The main problem of this research stems from the fact that the development of the modern legal system tends to be sectoral, formalistic, and not fully responsive to social change, unequal access to justice, and digital transformation that affects the relationship between citizens and the law. This research uses a normative legal research method with a conceptual, legislative, and sociological approach. The results of the study indicate that legal awareness is not simply understood as formal compliance with norms, but must be developed as a substantive awareness oriented towards social justice, protection of citizenship rights, and public welfare. From the perspective of Islamic Sociological Jurisprudence, law is positioned not only as a regulatory instrument, but also as a means of social transformation based on the values ​​of justice, moral responsibility, and siding with the interests of society. Integration across legal branches is crucial for the legal system to more comprehensively address issues related to economics, digitalization, civil relations, criminal enforcement, and state governance. Therefore, the reconstruction of legal awareness must be directed toward establishing a legal paradigm that is integrative, humanistic, adaptive, and socially just.

Ni Komang Githa Chandra Dew; Komang Febrinayanti Dantes; Ni Ketut Sari Adnyani

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aimsmto examineiin depthvthe perspective of information technology law and human rights on the phenomenon of political buzzers on social media within the context of digital development in the era of globalization. This research is motivated by the rapid advancement of information technology, which has brought significant changes in various aspects of society, including the political sphere that increasingly utilizes social media as a means of communication and information dissemination. The phenomenon of political buzzers has become a controversial issue, particularly during election periods, as it is often associated with the spread of inaccurate information, defamation, hate speech, and the manipulation of public opinion that may harm society and disrupt social stability. This study employs a normative legal research method using statutory and conceptual approaches. The results indicate that political buzzers generally operate under the justification of freedom of expression as part of human rights. However, such freedom is not absolute and must be limited to prevent violations of others' rights and to maintain public order. In this regard, information technology law in Indonesia, particularly through regulations governing digital activities, plays an important role in controlling deviant buzzer practices. Nevertheless, the absence of specific regulations explicitly governing political buzzers has resulted in less optimal law enforcement. Therefore, strengthening regulations and increasing public awareness in the wise use of social media are necessary to create a healthy, responsible, and sustainable digital ecosystem.

Sri Yulianty Mozin; Hardiyanto Hardiyanto; Syarifah Arkani

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

The rapid advancement of digital technology has fundamentally altered the landscape of public governance, compelling local governments to adapt and embrace digital transformation. This study investigates the challenges and opportunities faced by local governments in Indonesia in implementing digital governance transformation within the framework of Society 5.0. Using a systematic literature review and case study methodology, this research analyzes governance transformation policies, institutional readiness, digital infrastructure, and human resource capacity across selected Indonesian regional governments. The findings reveal that while significant opportunities exist including enhanced public service delivery, improved transparency, citizen participation, and inter-agency coordination substantial challenges persist in digital infrastructure disparities, limited human resource capacity, regulatory ambiguity, and cybersecurity vulnerabilities. The study identifies five critical success factors for effective digital governance transformation: strong political commitment, adequate digital infrastructure investment, comprehensive human resource development, adaptive regulatory frameworks, and inclusive citizen engagement mechanisms. This research contributes to the theoretical discourse on e-government and digital governance in the context of developing countries, while offering practical policy recommendations for local governments navigating the transition to Society 5.0. The implications extend to policymakers, practitioners, and scholars engaged in public administration reform in the digital age.

Nike Handayani

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

The National Health Insurance Program (JKN) is a government policy aimed at providing health protection for all Indonesians through fair, equitable, and sustainable healthcare services. However, its implementation still faces various challenges and issues. This study aims to analyze the implementation of the JKN program in Indonesia using a systematic literature review and the CIPP (Context, Input, Process, Product) evaluation model. Ten scientific articles published between 2021 and 2025 were selected and analyzed based on established inclusion and exclusion criteria. The results indicate that in the context aspect, there are still problems, such as a large number of participants with inactive membership status and a low level of public understanding of their rights and obligations as JKN participants. In the input aspect, obstacles faced include limited health workers, uneven distribution, and inadequate facilities and infrastructure. Furthermore, in the process aspect, various obstacles were found, such as long service queues, complex administrative procedures, disruptions in the medical record system, and the suboptimal use of digital-based services. Meanwhile, in terms of products, the National Health Insurance (JKN) program has proven effective in improving public access to healthcare services, although service quality remains uneven, drug availability remains unstable, and the BPJS Kesehatan financing system still faces several challenges. Overall, the JKN program has had a positive impact on the community, but comprehensive improvements are still needed, particularly in strengthening governance, equitable access to services, and improving the quality of healthcare services.

Sri Yulianty Mozin; Romy Tantu; Rahmatia Pakaya; Alexander H. Badjuka

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The transformation of public services has become a key priority in public administration reform, driven by growing public demands for government services that are more responsive, transparent, and oriented toward the public interest. In this context, the concept of Public Value Creation has emerged as an approach that emphasizes the creation of social value as the primary objective of public service delivery. This study aims to analyze the role of Public Value Creation as a conceptual framework in public service transformation oriented toward the public interest. The study employs a qualitative approach through a literature review, examining various relevant academic sources on public value theory, contemporary public administration, and public service transformation. The findings indicate that Public Value Creation plays a role in driving a paradigm shift in public service from an administrative bureaucratic orientation toward service focused on creating social benefits for the community. This approach also strengthens a community-centered service orientation, fosters collaboration between the government and various stakeholders, and supports public service innovation, including through the utilization of digital technology. The implications of this research suggest that the concept of public value can serve as a conceptual foundation for the government in designing more inclusive public service policies and innovations  

Andi Rachmat Indra; Ruslan Abdul Gani; Rahmi Hidayati; Abdul Halim

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

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.

Mokhammad Samson Fajar; Dian Ayuwita

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Adolescents affected by parental divorce face increased risks of mental health challenges, often exacerbated by custody disputes, post-separation abuse, and institutional inadequacies. This study aims to evaluate the effectiveness of trauma-informed, family-based interventions and custody-related policy reforms that promote adolescent mental health, with a focus on the integration of the Islamic principle of maslahah as an ethical framework. A systematic review was conducted using three databases (ScienceDirect, PubMed, Scopus) covering publications from 2000 to 2024. Inclusion criteria focused on empirical studies addressing interventions, custody policies, and mental health outcomes in adolescents aged 10–21. Findings reveal that Treatment Foster Care Oregon (TFCO) reduces behavioral issues and improves emotional regulation; Multisystemic Therapy and Wraparound Services prevent custody relinquishment and support family cohesion. Legislative reforms like the Family First Prevention Services Act have shown promise in redirecting funding toward prevention, yet face significant implementation disparities. Reports of healthcare obstruction and court-induced trauma remain critical threats to adolescent well-being. The review also found that custody loss, particularly among adolescent parents, correlates with increased substance use and long-term psychosocial instability. The integration of maslahah into legal and mental health frameworks provides a culturally grounded approach to trauma-informed reform. These findings emphasize the need for cross-sectoral collaboration, standardized trauma protocols, and culturally responsive service models. This study advances a holistic understanding of adolescent welfare in custody contexts and identifies pathways for ethical and sustainable reform.

M.Fhedry Chandriyadi; Nuzli Rhamadhani

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The policy of increasing fuel prices is a strategic public policy that has broad implications for the lives of people in Indonesia. Fuel plays an important role in supporting economic activity, distribution of goods, and social mobility. This article aims to analyze the impact of the fuel price increase policy on public interests by emphasizing the current context in Indonesia and the empirical realities that arise in society. This study uses a qualitative approach through literature review and policy analysis. The results of the study show that the increase in fuel prices has a direct impact on the increase in the cost of living, a decline in people's purchasing power, and the emergence of social pressure, especially among low-income groups. Although the government views this policy as a rational step to maintain fiscal stability and the sustainability of energy subsidies, compensation and social protection policies remain key factors in ensuring that the public interest and the goal of community welfare are maintained.

Ade Wahyu Permana; Dairani Dairani; Syahrul Ibad

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

Tabuh Rah in Bali is part of a Hindu religious ceremony involving animal sacrifice to maintain harmony between nature and human life. In practice, it is often accompanied by tajen (cockfighting) involving monetary or valuable bets, potentially violating Article 303 of the Indonesian Criminal Code concerning gambling. This study examines the regulation of cockfighting as a criminal offense under Article 303 and the criminal liability of perpetrators of tajen within the context of the Tabuh Rah ceremony. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that cockfighting conducted as part of the Tabuh Rah ritual is permissible based on the Batur Agung Inscription (933 Saka) and the Batuan Inscription (944 Saka) without requiring official authorization. However, cockfighting conducted outside the ritual context and involving betting constitutes gambling in violation of the Criminal Code and Law No. 7 of 1974. Perpetrators may be held criminally liable for intentionally committing an unlawful act.

Putu Ryanniva Karenina

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to evaluate the effectiveness of implementing Law Number 27 of 2022 concerning Personal Data Protection in Indonesia's efforts to prevent and combat phishing crimes. This research employs a normative legal method to analyze the implementation of the PDP Law in the context of preventing and combating phishing crimes. The findings indicate that the PDP Law has provided a comprehensive legal framework for protecting personal data, including data that is often targeted by phishing attacks.The implementation of the PDP Law is overseen by the Personal Data Protection Authority, which has the authority to impose administrative sanctions, support law enforcement processes, and evaluate cross-border data transfers. To achieve maximum effectiveness in combating phishing crimes, strong synergy is needed between the government, private sector, and the public. The PDP Law has provided a good legal framework, but the success of its implementation is highly dependent on the commitment of all parties to work together in protecting personal data.

Keysa Astiara; Hartiwiningsih Hartiwiningsih; Riska Andi Fitriono

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the criminal liability of perpetrators of arson and destruction of public facilities during demonstrations in Indonesia, as well as to examine the enforcement of criminal law against these crimes based on applicable positive law. However, in practice, demonstrations are often accompanied by anarchic actions in the form of arson and destruction of public facilities that harm the public interest and disrupt public order. The urgency of this research lies in the need to ensure that criminal liability and criminal law enforcement for acts of arson and destruction of public facilities are carried out individually and proportionally in accordance with the provisions of the old Criminal Code and the National Criminal Code, in order to prevent the general application of criminal law to participants in demonstrations. The results of the first study indicate that criminal liability for perpetrators of arson and destruction of public facilities during demonstrations has basically been regulated in the old Criminal Code and then updated in the National Criminal Code, especially regarding the crimes of arson and destruction of property. While the second enforcement of criminal law against these acts requires proportional and individual application, even though it is carried out in the context of collective mass action.

Faathir Janwar; Muhammad Naufal Marifat; Kurniati Kurniati

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

Contemporary Islamic law faces complex challenges in responding to rapid social change while maintaining fidelity to authoritative religious texts. This article examines the tension and interaction between textual authority (the Quran, Sunnah, ijma’, and qiyas) and the dynamics of modern socio-cultural, political, and technological developments. Using qualitative library research, this study analyzes classical and contemporary Islamic legal thought, including maqaṣid al-shariah, ijtihad, and contextual interpretation. The findings indicate that Islamic law possesses inherent flexibility through its methodological tools, enabling adaptation without undermining its normative foundations. However, challenges arise from rigid textualism, politicization of Islamic law, and epistemological gaps between tradition and modernity. This study concludes that a balanced approach integrating textual fidelity and contextual responsiveness is essential for the relevance of Islamic law in contemporary society.

Muhammadong Muhammadong

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In Islamic law, marriage registration is very significant for both legal and religious reasons. It is a crucial part of making sure that both the administrative duties of marriage and the safety of the family are protected. In Islamic law, marriage is not just a social contract but also a religious duty that necessitates adequate documentation to safeguard the rights of both parties involved. This paper seeks to investigate the notion of marriage registration through the lens of Islamic law, analyzing its function in protecting familial rights, providing legal safeguards, and performing administrative responsibilities. The study methodology utilized is a qualitative approach, incorporating a literature review and document analysis of Islamic legal texts and pertinent current legal systems. The results show that registering a marriage in Islamic law is important not just for making the marriage official, but also for getting legal recognition, avoiding conflicts, and making sure that family members, especially women and children, are safe under the law. The registration process also makes it clear what the marriage's legal status is and what it means for things like inheritance, custody, and other family issues. In conclusion, marriage registration is an important part of Islamic law that upholds justice, protects the family, and makes sure that the marriage is legally protected and accountable.

Raymundus Anthony Samadi; Andi Faisal Bakti

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The transformation of political communication in the digital era has fundamentally altered the ways political parties and their affiliated wing organizations interact with party cadres and the broader public. In Indonesia, party wing organizations such as Angkatan Muda Pembaharuan Indonesia (AMPI), Angkatan Muda Partai Golkar (AMPG), and other youth wings increasingly rely on social media as the primary medium for political cadre formation. However, this shift has not only created new opportunities for participation but has also generated structural problems, including the dominance of symbolic communication, the personalization of political elites, and the subordination of ideological discourse to the algorithmic logic of digital platforms. This article aims to critically examine how the digital political communication of party wing organizations operates within the context of Indonesia’s representative democracy, the extent to which it constitutes a deliberative public sphere for young cadres, and how such practices affect the quality of political cadre formation. Employing a critical paradigm and a transdisciplinary qualitative approach, the study integrates Habermas’s theory of the public sphere, Aeron Davis’s evaluation of democratic communication, and the concept of the mediatization of politics. The findings indicate that the digital communication of party wings tends to function primarily as an instrument of symbolic consolidation and loyalty mobilization rather than as an arena for dialogical political education. Consequently, digital cadre formation produces representational identities more than critical political consciousness. This article therefore recommends a reorientation of the digital political communication of party wing organizations toward deliberative and emancipatory models in order to strengthen internal party democracy and promote substantive political regeneration.

Muhammad Riadi Setiawan; Dendi Marcello

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Banks are financial institutions that play a very important role in the economy and continue to innovate by developing various new forms and services. Spin-offs of Sharia Business Units (UUS) are a new method in the world of Islamic banking with the aim of becoming independent Islamic banks in conducting business activities based on sharia principles. The spin-off of the SBU is one of the main focuses of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector. Furthermore, referring to the provisions in Financial Services Authority Regulation Number 12 of 2023 concerning Sharia Business Units, conventional banks can carry out banking activities in accordance with sharia principles by being required to open an SBU. This shows that the UUS is a unit that remains part of the conventional bank, and the provisions governing its activities, even though they are carried out by conventional banks, must still follow sharia principles, including prohibiting interest-based transactions. This study shows that spin-offs of UUS have great potential to drive the growth of Islamic banking. A spin-off is a company's decision to restructure, which has various legal implications. Although spin-offs of Islamic banks have the potential to improve the performance of Islamic banking, government policies that require spin-offs without considering the specific context of each bank can hinder the development of this sector. The implementation of mandatory spin-off policies needs to be balanced with more comprehensive government policy support.

Wayan Zenitia Devi

Majelis : Jurnal Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of deepfake technology, which utilises artificial intelligence to manipulate images, videos and sounds, has led to a serious threat of sextortion. In the Indonesian context, high internet penetration and low awareness of digital security increase the risk of this crime. This research analyses the legal consequences of the misuse of deepfake technology in sextortion based on the Electronic Information and Transaction Law (UU ITE). Using normative juridical methods and descriptive-qualitative analysis, this research examines the legal challenges faced in enforcing sanctions against this crime and provides recommendations to strengthen the legal framework in Indonesia. The results show that there are gaps in the legal framework that need to be addressed, as well as the importance of education and capacity building of law enforcement in dealing with cybercrime. In addition, the development of more sophisticated deepfake detection technology is expected to be a solution in tackling this abuse in the future.

Arief Fahmi Lubis; Seyed Nawab Mousavi

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the social realities of Iranian society, often misrepresented in international media that focus on politics, conflict, or conservatism. Using a sociological and humanistic perspective, it highlights everyday practices of courtesy, social norms, and traditions. The taarof ritual a unique form of politeness is discussed as a vivid example of how Iranians foster social harmony, respect guests, and demonstrate solidarity. The article also considers the impact of formal and customary law on social behavior, alongside the interplay between tradition and modernity in urban and rural contexts. Field observations and literature review suggest that Iranian society maintains high levels of courtesy and social cohesion, challenging common stereotypes. This research aims to enrich cross-cultural understanding and provide a more nuanced view of social life in Iran.