Publication Search

54,413 articles from 425 journals · 1,457 citations tracked

Showing 1-20 of 28

Analytics

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.

Taufik Nurmandia; Risnita Risnita; Yuliatin Yuliatin; Abdul Halim

International Journal of Sociology and Law 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

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

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.

Fery Suryono

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

This research undertakes a comparative analysis of the concept of divorce within the frameworks of Islamic Family Law and Buddhist Ethics. Marriage, recognized as a profound bond of both physical and spiritual union, holds significant value in both religious traditions. However, contemporary social realities reveal a high incidence of divorce, prompting a critical examination of the legal and ethical mechanisms governing its dissolution. Within Islamic jurisprudence, divorce (talak) is permitted but considered detestable by Allah, governed by stringent procedural mechanisms including talak (the husband’s right), khulu’ or gugat cerai (the wife’s right to initiate), and fasakh (judicial intervention). These processes carry clear legal implications concerning the waiting period (iddah), the possibility of reconciliation (rujuk), and the division of marital property. Conversely, while Buddhism does not explicitly prohibit divorce, the teachings of the Buddha strongly encourage spouses to exhaust all avenues for peaceful conflict resolution before considering separation as a last resort. The ethical framework in Buddhism grants equal rights to both parties to dissolve the marriage. This study employs a qualitative descriptive analytical method through library research, drawing upon primary legal texts such as Indonesia’s Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law (KHI) for Muslims, alongside the Vinaya Pitaka for adherents of Buddhism. The findings indicate that while both traditions view divorce as a final option, they diverge fundamentally in their legal structures; Islamic law establishes specific, gender-differentiated rights and obligations, whereas Buddhist ethics emphasize mutual consent and personal responsibility without formal legalistic procedures. The research concludes by recommending that couples, regardless of faith, prioritize reconciliation and peace, aligning with the core principles of both religions, and urges policymakers and legal practitioners to promote harmonious family life and reconsider legal frameworks that might better serve the welfare of children and families.

Hasyarania Hasyarania; Nurjihad Nurjihad

Jurnal Hukum dan Sosial Politik 2025 International Forum of Researchers and Lecturers

Marriage is the only way to legalize the relationship between men and women in order to realize the happiness of family life. Marriage is also a complement to the religion of Muslims. However, because marriage basically unites two different individuals, it certainly does not rule out the possibility of differences of opinion and other problems. Divorce is the last resort for a marital relationship that can no longer be maintained, divorce can occur for several reasons, including because the couple has changed religions, as contained in the Compilation of Islamic Law Article 116 letter H. Divorce certainly causes a legal consequence, one of which is the effect on children. If the divorce occurs because the wife or a mother has changed, then how is the determination of custody of a child who has not been mumayyiz. The purpose of this study is to find out the judge's considerations in determining child custody due to divorce because the couple changed religion in the decision Number 1515/Pdt.G/2015/PA.Smn. This research is a normative-empirical legal research, this research data uses secondary data consisting of primary, secondary and tertiary legal materials. To complete the secondary data, interviews were also conducted with the judge at the Sleman Religious Court. Based on the results of the research and analysis that has been carried out, it can be concluded that the judge's consideration in deciding the case of determining child custody due to divorce caused by a couple converting (apostasy) at the Sleman Religious Court was given to the Applicant as his father in order to maintain the safety of his child's faith and the best interests for his child and for the sake of the child's future.

Suci Nabila; Viro Dharma Saputra

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the phenomenon of the religious jargon “Go Berkah No Riba” (Go Blessed, No Interest) as a digital marketing communication strategy employed by entrepreneurs on social media, particularly Facebook. Using a descriptive qualitative approach and visual discourse analysis, this research seeks to understand how the jargon is interpreted, constructed, and widely disseminated in the context of product marketing and business opportunities. The findings indicate that “Go Berkah No Riba” functions not only as a marker of religious identity but also as a rhetorical device that combines spiritual values with aspirations for material success. Visual analysis of promotional materials, such as flyers and Facebook posts, reveals the use of hyperbolic language, symbolic imagery—such as the Kaaba and piles of money—and religious narratives designed to build credibility and persuade potential consumers. The integration of religious elements with economic appeal creates a sharia-compliant business image that simultaneously promises profitability. However, the study also uncovers ambiguity in the use of this jargon. On the one hand, it can strengthen the image of a business operating ethically according to Islamic principles. On the other hand, it risks being exploited merely as a marketing gimmick without a strong foundation in ethical business practices. This creates the potential for a gap between the religious message communicated and the actual business conduct. The findings underscore the importance of critical literacy in understanding religious communication strategies within the digital business sphere. Consistency between religious messaging and real-world business practices is crucial for maintaining consumer trust and avoiding the excessive commodification of religious values. Therefore, this study contributes to a deeper understanding of the dynamics of religion-based marketing communication in the era of digital transformation.

Sawaluddin Siregar; Indra Sakti; Uswatun Hasanah

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

Marriage is a sacred bond that is carried out by a woman and a man to become husband and wife. Basically every religion has its own proisions regarding marriage. In practice, especially in Indonesia, there are still many who practice interfaith marriages so that this practice has become a discussion that until now and in practice there are also many Muslims who still carry out interfaith marriages. This study aims to examine how the Islamic Law Compilation and Human Rights views the practice of interfaith marriage. The results of this study indicate that both according to the Islamic Law Compilation (KHI) and Human Rights (HAM) state that interfaith marriage is an act that is forbidden because it has violated God’s commands, every religion forbids its people to marry people of different religions. The prohibition on interfaith marriage has also been enshrined in the Marriage Law and also the Islamic Law Compilation, so that every citizen is obliged to follow the applicable legal rules. In human rights, the highest human right is divinity so that every people must obey God’s commands.  

Taufik Hidayat Lubis; Hepy Krisman Laia

Proceeding of the International Conference on Law and Human Rights 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

According to Article 2 paragraph (1) of Law Number 1 of 1974 concerning Marriage, a marriage is considered valid if it is conducted according to the laws of the respective religion and beliefs. Marriage is not merely a physical union but also an emotional bond, and fundamentally follows the principle of monogamy. In the legal framework of marriage, state protection—particularly for wives and future children—can only be guaranteed if the marriage is consciously conducted in accordance with Law Number 1 of 1974, which includes the requirement that the marriage be officially registered under applicable laws and regulations.If a marriage is not registered, the state cannot provide legal protection concerning marital status, joint property, inheritance, and other rights arising from the marriage. To establish a wife’s rights, it must first be proven that a legal marriage exists between her and her husband. One legal consequence of an unregistered marriage is that neither the wife nor any children from the marriage have the right to claim support or inheritance from the husband. Islamic inheritance laws allocate shares specifically to blood relatives.Unregistered marriages—often called sirri, kiyai, or syar’i marriages—are conducted according to religious rules or customs but are not registered with the Marriage Registrar. In Chinese customary law, property acquired during marriage is influenced by a patrilineal kinship system, where the wife’s status is governed by the husband’s family law. Generally, the husband, as head of the household, controls all marital property and has absolute rights to use it without needing the wife’s consent, including in transferring joint property.

Nurma Harana Mora Siregar; Sakinah Azzahra Hsb; Uswatun Hasanah

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study explores the Islamic perspective on Human Rights (HR) through a qualitative approach based on literature review. It emphasizes that the principles of human rights are not foreign to Islamic teachings, but are inherently embedded in the values of Sharia derived from the Qur'an and Hadith. Islam upholds justice, freedom of religion, equality, the right to life, and social and economic welfare. The article also examines contemporary challenges faced by Muslim societies in implementing human rights, such as gender inequality, restrictions on religious freedom, and the marginalization of vulnerable groups, including the LGBT community. The findings reveal that the tensions between Islamic principles and international human rights standards often stem from differing normative foundations and interpretations of individual freedom. Therefore, a contextual reinterpretation (ijtihad) is necessary to ensure that Islamic values remain relevant and responsive to modern global challenges. The study concludes that, when applied wisely and aligned with universal humanitarian values, Islamic teachings hold significant potential to contribute to the development of a just, inclusive, and dignified society.

Syarifatul Fadhilah; Listyowati Dewi; Arum Nurul Layalia Mufaidah; Gita Jemima Ardhana; Rani Pajrin

Majelis : Jurnal Hukum Indonesia 2025 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is a spiritual and physical bond between one man and one woman as husband and wife with the aim of forming a happy family based on the belief in the Almighty God. In a marriage, forming a happy family certainly requires cooperation between each party, both husband and wife. If both parties have different goals, it will trigger problems in the household. Problems in the household can influence divorce between both parties, namely husband and wife.  Divorce is a condition in the household where there is no common ground for harmony and harmony in the relationship between husband and wife so that it can be decided by the District Court for those of non-Islamic religions or the Religious Court for those of Islamic religion. Considering that Indonesia is a country of law where every action has rules, if seen from the principle of Nebis In Idem, this problem is no longer acceptable. However, in this divorce case the lawsuit was accepted by the judge and the judge decided again with a different decision. Based on this, the formulation of the problem is how to apply the Ne Bis In Idem Principle by the judge in divorce cases

Ahmad Muhammad Mustain Nasoha; Ashfiya Nur Atqiya; Muhammad Yusuf Qordhowi; Muhammad Firdaus H; Ditho Anung Cahyadi

Jurnal Ilmu Hukum Sosial dan Humaniora 2025 Lembaga Pengembangan Kinerja Dosen

cientific research entitled “Analysis of Gus Ahmad Rifai’s da’wah strategy in the gathering of Konco Ngaji towards increasing young people’s love for religion” aims to find out what is called the Konco Ngaji assembly and to find out the influence of the konco ngaji assembly on increasing the knowledge and manners of the congregation. This scientific research the writer did using a qualitative approach method. The source of scientific research material used is in the form of primary data by conducting observations and interviews with parties involved in the Konco Ngaji Assembly. The results of the scientific research carried out by the author are as follows: First, the Konco Ngaji Assembly is an assembly of knowledge that prohibits anything related to the Islamic religion, and also prohibits young people from loving Islam, which is guided by Gus Ahmad Rifai. Second, from the results of interviews with five members of the congregation who recite the Konco Ngaji, that this assembly has a major influence on changing the character and thinking of young people, making young people think more broadly and have Islamic morals, following the right path as taught by the Prophet Muhammad SAW.

Rifka Siti Khuzaimah; Muhammad Husni Abdulah Pakarti; Diana Farid; Husain Husain; Ulummudin Ulummudin +1 more

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

During the time of Rasulullah SAW, Muslims did not need certain rules in understanding sharia law. After the spread of Futuhat Islamiyah, Arab Muslims interacted a lot with other nations who had different languages. On the other hand, the need for ijtihad is very urgent, because there are many new problems that have never occurred before and require clarity in fiqh law. So two large madrasahs emerged that reflected their ijtihad method - the Ahlir-ra'yi Madrasah used more qiyas (analogies) to generate heated debates, thus making the ulama feel the need to create written regulations that were recorded as common law in uniting these two madrasas. The hadith about being more careful in giving fatwas and qiyas gave rise to heated debate, making the ulama feel the need to make written rules which were recorded as joint laws in uniting the two madrasas. Imam Syafi'i was the first person to write a book about ushul fiqh-Imam Syafii was a great mufti of the Muslim community who was also the founder of the Syafi'i school, developing his school in Baghdad. Ushul fiqh is the postulates of fiqh which are global in nature - The object of the discussion is to study the postulates which are still of a general nature seen from their general legal provisions and the ultimate aim of studying them is to protect the Islamic religion from deviations and misuse of the postulates of the Shari'a, so that misleading carelessness does not occur.

Vinky Raisyah; Suriyani Siregar; Nuraini Nuraini; Nabilah Aprilia; Poppy Indah

Lembaga Pengembangan Kinerja Dosen 2025 Lembaga Pengembangan Kinerja Dosen

This study aims to discuss the views of the community in Tuntungan Village, Pancur Batu Sub-District, towards veiled students from the State Islamic University of North Sumatra Medan. Veiled students often face various responses from the community, ranging from acceptance to rejection. Some people think that the veil is part of a symbol of obedience in religion and the identity of Muslim women who obey the teachings of Islam. But others reject the use of the veil, because it is often influenced by negative stigmas that associate it with radicalism or terrorism. This research uses a qualitative method with a phenomenological approach to deeply understand the views of the community and the factors that influence it. This research found that there are differences in people's views that are not only nfluenced by religious understanding, but also by the level of education, exposure to information and direct interaction by veil users.

Ni’matul Fauziyah S. A. P; Krisnajaya Farhan Saputra; Syalaizha Febtria Putri

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage in Indonesia is regulated by Law Number 1 of 1974 which requires implementation according to religious law, but interfaith marriages often cause problems, especially in inheritance rights. Indonesia recognizes three inheritance law systems: Islamic, civil, and customary, which regulate inheritance differently. Children from interfaith marriages often face inheritance obstacles, especially if there are differences of faith between the testator and the heirs. Several court decisions provide inheritance rights through a mandatory will, but are limited to one-third of the inheritance. Existing solutions include preparing a clear will, mediating disputes, and involving a notary to validate documents. A comprehensive approach through legal education and collaboration between the government, non-governmental organizations, and the community is needed to provide legal certainty and justice for children from interfaith marriages.

M. Bahtiar Ubaidillah; Sarbini Sarbini; Irwan Swandana; Derta Nur Anita; Ragil Ira Mayasari +3 more

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Community Service Activities were carried out at Madrasah Aliyah Negeri (MAN) 1 Mojokerto with the target of understanding legal socialization related to preventing deviant behavior from an Islamic legal perspective. Implementation of community service The main aim of this activity is to increase insight and knowledge regarding the prevention of deviant behavior from an Islamic Law perspective at MAN 1 Mojokerto. In order to increase knowledge and insight regarding deviant behavior carried out by teenagers and how it is regulated in Islamic law. Therefore, the socialization carried out at MAN 1 Mojokerto, Mojosari District, Mojokerto Regency is very important to carry out. Where adolescence is a transition period from childhood to adulthood, where children are not yet fully able to be independent. At this time, teenagers are at the stage of searching for self-identity which is full of various problems. One of the problems experienced by teenagers in their lives is related to deviant behavior. Deviant behavior is chaotic behavior that causes a teenager to be nervous, nervous and act uncontrollably. This behavior is often a reflection of anti-social personality in teenagers, we can see this from behavior that does not heed religious and social norms. Trigger factors can come from the individual teenager himself (internal) or outside the teenager himself (external). As parents, educators (teachers) should naturally contribute to resolving deviant behavior in adolescents. Emotional development in adolescents has not yet reached stability, so to help solve the problem we must understand its characteristics.

Indira Ramadhani Lisyanto; Renny Supriyatni; Djanuardi Djanuardi

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Marriage is sacred, involving various things, namely the parties concerned, religion and beliefs, even relating to living law and national law. Based on Islamic law, the legal requirements of marriage, namely the pillars of marriage, must be fulfilled. One aspect of the pillars of marriage is that there must have a marriage guardian, but there are parents who are not willing to become marriage guardians because khitbah is not carried out. This study aims to examine how the legal position of marriage that is not approved by parents because khitbah is not carried out. This research method is normative legal research, where secondary data is used, namely legal materials in the form of related laws and regulations, as well as Islamic law. As a result, khitbah is not an aspect that determines whether a marriage is valid or not. Marriage is considered valid if the prospective bride and groom follow the provisions of the pillars of marriage.

Yanto Hasyim

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The phenomenon of nikah sirri (unregistered marriage) in Indonesia presents critical challenges in family law, particularly concerning the legal status of children born from such unions. This study examines judicial determinations of child origin by the Religious Courts as a legal mechanism to grant civil legitimacy to children from nikah sirri. Using a normative qualitative approach and analyzing two court decisions (No. 0648/Pdt.P/2018/PA.Lmj and No. 1731/Pdt.P/2022/PA.Jr), the research explores how judges consider the principles of justice, legal certainty, and legal utility through the lens of Gustav Radbruch’s legal philosophy. Findings reveal that judicial reasoning in these cases transcends procedural formalism, reflecting an ethical commitment to the holistic protection of children’s rights. The study applies the Maqasid al-Shari’ah framework to evaluate how such rulings align with the five fundamental objectives of Islamic law (protection of life, lineage, property, intellect, and religion). The legal recognition of a child’s nasab and entitlements is shown to fulfill both statutory requirements and Islamic ethical standards of justice. Thus, this research underscores the need to strengthen the synergy between state law and Islamic moral values, positioning the court not merely as a formal legal apparatus, but as a transformative institution in achieving substantive justice in society.

Miftahul Huda N M; Muh. Nur Rochim Maksum

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

: Identity politics is political strategy that uses social identities such as ethnicity, religion, and gender to gain electoral support. This article explains how the phenomenon and influence of identity politics in Indonesia, the issue of identity politics in the 2024 elections and identity politics based on Islamic teaching sources. Identity politics can be positive or negative. Positive in nature means that it makes an impetus to recognize and accommodate the existence of comparisons, even to the extent of recognizing the predicate or privilege of a region or nation due to a basis that can be understood historically and logically. It is negative when there is a difference between one group and another, for example the domination between the majority and the minority. Identity politics grows over a social group that considers intimidated and discriminated against by government and state power in regulating government order, this condition which then becomes the basis for the birth of identity politics in state issues.

Chandra devaraihan wahyudi; Tajul Arifin

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Interfaith marriage is a complex and sensitive issue in Indonesia, presenting a conflict between positive law and religious values. Article 28 B of the 1945 Constitution guarantees freedom of religion, but its implementation is constrained by unclear regulations and different interpretations. Islamic law, as a source of law, provides a unique view on interfaith marriage, emphasizing individual rights and the principle of justice. To resolve this conflict, a holistic approach that integrates positive law and Islamic law is needed, as well as concrete steps such as the establishment of clear regulations, improvement of public understanding, capacity of legal officials, individual protection systems, interfaith dialogue, interfaith cooperation, and active community participation. Thus, it is expected to create a harmonious, inclusive and equitable marriage environment.

Al-Nafiz; Muhammad Riyas Rasyid; Muhammad Hegel Muthohari

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research is personal research and quotes a lot from relevant legal journals regarding the meaning of the principle of legality within the scope of Indonesian criminal law or Indonesian criminal law. The principle of legality in Indonesian Criminal Law aims to protect humans from the arbitrariness of those in power, while in Islamic criminal law the principle of legality aims to glorify humans by preserving offspring, property, reason, soul and religion. Basically, the meaning of the principle of legality in Indonesian criminal law and Islamic criminal law is not much different. However, in Islamic criminal law there is no prohibition on using analogies, whereas in Indonesian criminal law the use of analogies is not permitted.