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Oki Iqbal Khair; Ahmad Rahadian Danan Nugraha; Irma Fatmawati; Aysha Putri Irawan; Via Aulia Zahra +3 more

JURNAL MANAJEMEN DAN BISNIS EKONOMI 2026 Institut Teknologi dan Bisnis (ITB) Semarang

This study aims to systematically analyze the implementation of severance pay policy as a manifestation of post-employment compensation and its profound impact on the harmony of industrial relations within the regulatory framework of the Omnibus Law in Indonesia. Utilizing a Systematic Literature Review (SLR) methodology aligned with the PRISMA framework, this research comprehensively synthesizes data from 25 selected academic articles encompassing human resource management, employment law, and organizational behavior. The findings reveal that the paradigm shift from the previous labor regulations to the Omnibus Law framework has fundamentally altered the calculation mechanisms and statutory floors for severance pay. While these legislative adjustments are strategically designed to enhance organizational agility and mitigate financial distress for corporations, they have engendered substantial apprehension among the workforce regarding the degradation of normative rights. Consequently, this policy transformation presents a critical challenge to sustaining industrial harmony, frequently precipitating labor disputes, diminishing employee morale, and intensifying bipartite conflicts. This study recommends that human resource practitioners proactively develop transparent communication strategies and design complementary post-employment benefit architectures to restore distributive justice. Furthermore, policymakers are urged to institute robust oversight mechanisms to ensure equitable implementation and safeguard worker welfare without compromising long-term business sustainability.

Sagita Nurul Adzani; Ola Maria; Rudi Sanjaya; Komaruddin Komaruddin

Jurnal Pajak dan Analisis Ekonomi Syariah 2026 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This study examines Income Tax provisions under the latest tax regulations in Indonesia, explains the procedures and mechanisms for calculating Income Tax based on the Law on Harmonization of Tax Regulations (HPP Law), and evaluates the contribution of Income Tax to state revenue and equitable income distribution. This research applies library research with a qualitative descriptive approach. The data were collected from relevant sources, including laws and regulations, academic books, scientific articles, research journals, and official government publications related to Income Tax policy in Indonesia. The data were analyzed systematically to identify regulatory developments, tax calculation mechanisms, and the implications of tax policy for national state revenue and fiscal justice. The findings show that the HPP Law establishes five progressive tariff layers for Individual Taxpayers, with a maximum rate of 35% imposed on taxable income exceeding IDR 5 billion per year. This provision reflects the principles of ability to pay and vertical equity in Indonesia’s tax system. Furthermore, the Corporate Income Tax rate of 22%, along with various rate-reduction incentives for eligible taxpayers, can enhance business competitiveness and reduce tax burdens. Tax administration modernization through e-Filing, e-Billing, e-Bupot, and Coretax also improves service efficiency and strengthens taxpayer compliance more effectively.

Abd Adim; M. F. Hidayatullah; Abdul Wadud Nafis

JURNAL MANAJEMEN DAN BISNIS EKONOMI 2026 Institut Teknologi dan Bisnis (ITB) Semarang

Islamic boarding schools (pesantren) are no longer viewed solely as religious educational institutions but also as socio-economic entities that play a strategic role in community empowerment and the development of the Islamic economy. The emergence of various pesantren business units, including Islamic cooperatives, Islamic microfinance institutions, agribusinesses, and service enterprises, reflects the transformation of pesantren into productive and economically independent institutions. However, many pesantren continue to face challenges in achieving economic sustainability, including weak governance systems, limited managerial professionalism, inadequate human resources, and excessive dependence on charismatic leadership. This study aims to develop a conceptual model of pesantren business governance based on Islamic governance principles to achieve institutional economic sustainability. Using a qualitative approach and library research method, this study analyzes relevant literature on pesantren economics, Islamic governance, sustainability, and risk management. The findings indicate that sustainable pesantren economic development requires the integration of Islamic governance values, namely amanah (trustworthiness), transparency, justice, and maslahah (public benefit), with modern management systems and comprehensive risk management practices. The study proposes a conceptual governance framework linking pesantren resources, sharia governance, professional management, and risk mitigation as key determinants of economic independence and institutional sustainability. This framework is expected to provide strategic guidance for strengthening pesantren-based economic development in a sustainable and socially beneficial manner.

Indah Nofita Sari; Romzatul Widad; Moh. Idil Ghufron

JURNAL MANAJEMEN DAN BISNIS EKONOMI 2026 Institut Teknologi dan Bisnis (ITB) Semarang

This study examines the implementation of Environmental, Social, and Governance (ESG) principles as a sustainability instrument for consumer cooperatives from the perspective of Islamic economics. Consumer cooperatives, as people-based economic institutions, face significant challenges in maintaining sustainability amid rapid economic transformation and increasing demands for corporate accountability. ESG, as a global framework for measuring sustainability performance, is considered relevant to the values of Islamic economics which emphasize justice, transparency, social benefit, and environmental responsibility. This research uses a qualitative approach through literature study and document analysis to formulate a conceptual model of ESG implementation in consumer cooperatives based on Islamic economic principles. The findings show that ESG dimensions are in line with maqashid al-syariah, namely the protection of religion, life, intellect, lineage, and property. Environmental aspects correlate with the stewardship principle of khalifah fil ardh, while social aspects align with the concept of takaful ijtima’i, and governance reflects the values of amanah and shura. This study offers a conceptual framework for integrating ESG within the cooperative institutional governance system as a strategic step toward sustainable and equitable economic development.

Hasanov, Parviz; Songgirin, Amin; Hariyadi, Ahmad Reza; Madadzade, Konul

Journal of Islamic Law and Legal Studies 2026 Mabadi Iqtishad Al Islami

This study explores the role of Islamic economic law in promoting sustainable development by establishing an integrated relationship between ethical values, legal frameworks, and public policy. Although sustainable development has emerged as a major global agenda, its implementation continues to face challenges due to the limitations of conventional economic and legal systems, which often prioritize efficiency and economic growth while overlooking ethical and social dimensions. Employing a qualitative research approach through content analysis, this study examines classical Islamic jurisprudence, contemporary scholarly literature, and relevant policy documents to analyze the alignment between Islamic economic principles and sustainability frameworks. The findings demonstrate that Islamic economic law provides a comprehensive and ethically oriented framework based on fundamental principles, including tawhid (unity), adl (justice), maslahah (public interest), and maqasid al-shariah (objectives of Islamic law). These principles are manifested through various institutional and legal instruments, such as zakat, waqf, and risk-sharing financial mechanisms, which contribute to social justice, economic inclusion, financial resilience, and environmental sustainability.

Grace Yulianti; Sigit Pramono Hadi

Corporate insolvency regimes have long been designed around efficiency, creditor recovery, and procedural certainty, frequently marginalizing the human, social, and distributive consequences of corporate failure. This qualitative literature review seeks to reconceptualize insolvency as a multidimensional institutional process by integrating the principles of humanity, resilience, and equity, with the objective of developing fairness metrics for more inclusive insolvency systems. Drawing on interdisciplinary scholarship from insolvency law, corporate governance, economic sociology, and normative political theory, this study systematically synthesizes peer reviewed literature published between 2000 and 2024 using a structured qualitative thematic analysis. The review identifies three interrelated dimensions shaping inclusive insolvency outcomes. First, humanity-oriented approaches emphasize stakeholder vulnerability, dignity preservation, and procedural justice, particularly for employees, involuntary creditors, small suppliers, and local communities affected by corporate collapse. Second, resilience based perspectives frame insolvency not merely as an endpoint of failure but as an adaptive governance mechanism that enables organizational recovery, institutional learning, and broader systemic stability. Third, equity focused frameworks highlight the importance of proportional and context sensitive loss allocation, stakeholder participation, and intertemporal fairness in distributing the economic and social costs of insolvency. By integrating these dimensions, the study develops a conceptual framework of fairness metrics that extends beyond traditional efficiency-driven indicators, offering normative and analytical tools for evaluating insolvency systems in a more holistic manner. The findings contribute to insolvency scholarship by bridging fragmented theoretical strands and advancing a human-centered and resilience oriented understanding of corporate failure. The review further suggests that insolvency regimes embedding humanity, resilience, and equity are more likely to enhance institutional legitimacy, stakeholder trust, and long term economic sustainability, thereby providing a robust foundation for future empirical research and policy reform.

Kumar, Neeraj; Mala, Sourabh Sri

Journal of Islamic Law and Legal Studies 2026 Mabadi Iqtishad Al Islami

The enactment of the Bharatiya Nyaya Sanhita, 2023 (BNS) and the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) represents a significant transformation in India’s criminal justice system. Although environmental protection in India has traditionally been governed by specialized environmental statutes, the newly enacted criminal laws also contain provisions capable of addressing environmental crimes and ecological harm. This article examines the role of the BNS and BNSS in promoting environmental accountability and strengthening green justice within India’s legal framework. The study adopts a doctrinal and analytical legal research methodology based on statutory interpretation, constitutional analysis, and judicial precedents. The research finds that provisions relating to public nuisance, water pollution, atmospheric contamination, hazardous substances, and acts likely to spread disease collectively establish a broader criminal law framework for environmental protection. Judicial interpretation of Article 21 of the Constitution, together with principles such as the polluter pays principle, precautionary principle, and sustainable development, has further strengthened environmental jurisprudence in India. The article argues that the BNS and BNSS contribute toward mainstreaming environmental protection within criminal law, but effective enforcement, institutional coordination, and stronger implementation mechanisms remain necessary for achieving sustainable environmental justice.

Abd. Rahman Saleh

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Judicial digital transformation through the implementation of e-Court and e-Litigation represents a strategic initiative of the Supreme Court of Indonesia to establish a modern, effective, and efficient judiciary. These innovations have successfully transformed various stages of civil case administration and litigation into faster and more transparent processes. However, the success of digitalization in case examination has not been accompanied by similar reforms in the execution of court judgments. This study aims to analyze the regulation of civil judgment execution following the implementation of e-Court and e-Litigation, identify challenges encountered in practice, and formulate a concept of execution digitalization as part of judicial reform. This research employs a normative legal method using statutory, conceptual, and case approaches. The legal materials consist of primary legal sources in the form of legislation and Supreme Court regulations, as well as secondary legal sources including scholarly literature and previous studies. The findings reveal that although e-Court and e-Litigation have accelerated dispute resolution processes, the execution of civil judgments remains largely conventional. Consequently, several challenges persist, including delays in execution, lack of transparency, and limited supervision by litigating parties. Therefore, the development of an integrated Digital Execution System linked to existing electronic judicial platforms is necessary to enhance the effectiveness of judgment enforcement and ensure greater legal certainty for justice seekers.

Inna Noor Inayati

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

Indonesia is currently experiencing an emergency situation regarding sexual violence, which compromises national social resilience. The enactment of the Sexual Violence Crimes Law (UU TPKS) creates new legal mandates for healthcare professionals. Midwives, serving as frontline providers in primary care and remote areas, act as the first professional contact for survivors, yet they lack adequate legal certainty regarding medico-legal duties and preparedness within the midwifery educational framework. Objectives: This study aims to analyze the regulatory synchronization concerning the limited medico-legal authority of midwives in implementing the UU TPKS and to formulate reconstruction strategies for professional standards and the national midwifery curriculum. Methods: This normative juridical (doctrinal) research utilizes statute, conceptual, analytical, and comparative approaches. Data analysis was conducted qualitatively-normatively through systematic and teleological interpretations, evaluated using coherence and prescriptive frameworks. Results: The study reveals a significant disharmony of norms between the UU TPKS and Minister of Health Regulation (Permenkes) No. 2 of 2025, which imposes bureaucratic barriers on safe abortion access for rape victims. Additionally, the Midwife Professional Standards (Kepmenkes No. 320/2020) fail to integrate basic clinical forensic authorities, compounded by a national techno-centric curriculum that overlooks Trauma-Informed Care (TIC). Conclusions: Legal certainty for midwives and comprehensive justice for survivors can only be accomplished by reconstructing inclusive competency standards, eliminating administrative boundaries through the "Medical First" principle, and integrating primary health law and trauma-sensitive care modules into the national midwifery curriculum.

Alfin Suherman

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research examines the potential application of the Right to Be Forgotten (RTBF) in Indonesia's criminal justice system, focusing on individuals who have been acquitted or have completed their sentences. The study explores the legal, social, and ethical implications of RTBF in relation to criminal records, aiming to assess how it could support the rehabilitation and reintegration of acquitted individuals. In Indonesia, criminal records often remain publicly accessible long after a person has been legally exonerated, creating barriers to social reintegration due to the stigma associated with past accusations. The study investigates the gaps in the current legal framework, such as the lack of provisions for the removal or anonymization of criminal records for acquitted individuals, and explores how RTBF could promote justice and fairness. The research uses a literature review methodology, analyzing relevant legal texts including Law No. 11 of 2008 on Information and Electronic Transactions (ITE Law), Law No. 39 of 1999 on Human Rights, and the 1945 Indonesian Constitution. The review critically evaluates the challenges and opportunities of implementing RTBF, focusing on balancing privacy rights with public safety concerns. The findings suggest that RTBF could reduce the negative impact of criminal records on individuals who have been acquitted, facilitating their reintegration into society. However, the study also highlights the challenges in implementing RTBF due to societal and legal factors. Legal reforms recommendations allow individuals to request the removal of criminal records, aligning Indonesia's legal system with international human rights standards.

Hendro Widodo; Subianta Mandala

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2026 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Bankruptcy can no longer be understood solely as a mechanism for liquidating assets to meet debtor obligations, but has evolved into a restructuring instrument that directly impacts corporate governance and stakeholder protection. This study aims to analyze how bankruptcy functions as a corporate restructuring mechanism, how this process influences the redistribution of power in corporate governance, and the extent to which the bankruptcy legal system provides balanced protection for various stakeholders. The research method used is normative legal research with a statutory, conceptual, and limited comparative approach. The analysis is conducted on the provisions of Law Number 37 of 2004 concerning Bankruptcy and PKPU (Investment Suspension) and regulations related to corporate governance, combined with theoretical studies on fiduciary duty, stakeholder theory, and the corporate rescue paradigm. The results illustrate that bankruptcy functions as a governance restructuring mechanism that transfers control from the board of directors to the curator and creditor forum, thereby creating a redistribution of power within the company. The dominant creditor primacy orientation has the potential to create an imbalance in protection for non-creditor stakeholders, including workers and other economically impacted parties. These conditions indicate the need for normative reconstruction, including redefining fiduciary obligations during the insolvency phase, strengthening stakeholder protection, and harmonizing corporate governance principles with the insolvency law regime. This research is expected to contribute academically to the development of a bankruptcy model that is not solely focused on debt resolution but also considers aspects of business sustainability and substantive justice in modern corporate governance.

Abdul Rochim; Mohamad Tohari; Naya Amin Zaini

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

In contemporary legal systems, social conflict between the state and indigenous communities is a complicated matter, especially when it comes to the acknowledgement and defense of indigenous peoples' rights to land, natural resources, and cultural identity. Indigenous peoples' rights, which before the establishment of the modern state, are frequently disregarded by imbalances in official policies that prioritize development interests. In this context, legal reconciliation is a relevant approach to resolving these conflicts in a just and sustainable manner. Legal reconciliation emphasizes the integration of customary law into the national legal system and the harmonization of state policies and the interests of indigenous peoples to create a more inclusive legal order. The study of legal standards relevant to resolving disputes between the state and indigenous peoples is the main emphasis of this research, which employs a normative juridical approach. The approach used in this research includes an analysis of national legislation, international legal instruments related to indigenous peoples' rights, and relevant legal doctrines. Using a statute approach and a conceptual approach, this research explores how legal reconciliation can be implemented in resolving social conflicts. Furthermore, this research highlights the role of legal principles such as restorative justice, legal pluralism, and recognition of indigenous peoples' rights in developing more effective conflict resolution mechanisms. This analysis is expected to establish a strong legal foundation for promoting more inclusive and socially just legal policies for indigenous peoples.

Muh. Zamroni; Riza Aulia Rahmanita; Alyada Esa Az Zahra; Fajar Wahyu Hasana

The fiqh principle stating that a leader’s policies and actions toward the people must be based on public welfare is an Islamic legal principle emphasizing that every action and policy of a leader should be oriented toward the interests and well-being of society. This study aims to examine the meaning, normative foundations, concepts, and implementation of this principle in state governance. The research employs a library research method with a normative approach through the analysis of the Qur’an, Hadith, fiqh literature, scholarly journals, and relevant legislation. The findings indicate that this principle has a strong foundation in the Qur’an and Hadith, particularly regarding trustworthiness, justice, and the responsibility of leaders toward their people. Conceptually, this principle is closely related to the theories of maqashid al-shari’ah and siyasah shar’iyyah, which place public welfare as the primary objective of Islamic law. In practice, the principle is applied in various fields, including public administration, law and legislation, religious policies, as well as economic and fiscal policies. Its implementation can be seen in policies concerning the prohibition of interfaith marriage, marriage dispensation, marriage legalization hearings (isbat), the suspension of Hajj departures during the COVID-19 pandemic, and the management of state finances during the era of the Rightly Guided Caliphs. Therefore, this principle demonstrates that Islamic law possesses flexible and adaptive characteristics while maintaining a strong orientation toward public welfare, making it relevant to modern systems of governance.

Fitriyah Nurrahmah; Berlian Ahsanul Husna

Jurnal Hukum, Politik dan Humaniora 2026 Lembaga Pengembangan Kinerja Dosen

The enactment of Law Number 1 of 2023 concerning the Criminal Code (KUHP) has brought a fundamental paradigm reconstruction to the Indonesian criminal justice system through the explicit recognition of the "living law" (hukum yang hidup di masyarakat). This study aims to analyze the legal standing of living law within the Indonesian legal system and examine the juridical and sociological implications of integrating these unwritten norms from the perspective of Article 2 of Law Number 1 of 2023. The research method employed is normative legal research with a statutory approach. The results indicate that the positioning of living law holds a strategic standing rooted in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia and is further reinforced by the Constitutional Court Decision Number 35/PUU-X/2012. Following the promulgation of Law Number 1 of 2023, Article 2 paragraph (1) formally deconstructs the rigidity of the colonial-inherited formal legality principle (Wetboek van Strafrecht) and transforms it toward a material legality principle. Consequently, living law is now recognized as a valid basis for criminal liability and acts as a complement to national law, manifested through additional criminal penalties in the form of fulfilling local customary obligations to support restorative justice. Nonetheless, the state imposes limitations through a codification mechanism into Regional Regulations guided by Government Regulations, which must be aligned with Pancasila, the 1945 Constitution, Human Rights, and general principles of law recognized by civilized nations to prevent legal uncertainty and subjective interpretations of the law.

Muhamad Yusniza Mahendra; Kasih Aprilia

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Parental violence against children constitutes a serious violation of their human rights, as guaranteed by Article 5 of the 1948 Universal Declaration of Human Rights and Article 19 of the 1989 Convention on the Rights of the Child. It is also contrary to Indonesia’s family law system, as set out in Law No. 35 of 2014 on Child Protection. This study aims to analyse the forms of such violence and formulate a holistic, restorative strategy to restore children’s human rights. Using a normative-empirical approach involving the analysis of legal documents, court rulings and 2023 data from the National Commission on Violence Against Women (Komnas Perempuan), which recorded 45,000 cases annually (60% of which involved parents as perpetrators), it was found that effective strategies include medical and psychological rehabilitation via P2TP2A and TF-CBT, and restorative justice through mediation under Supreme Court Regulation (Perma) No. 4 of 2019. Socio-economic support, such as the PKH programme, is also crucial. The main obstacles are patriarchal culture and a regulatory vacuum regarding the KHI. The conclusion emphasises the need for cross-sectoral commitment and makes recommendations including the introduction of mandatory parental counselling, prioritisation of court mediation, sub-district recovery units and large-scale public awareness campaigns. This study contributes to the strengthening of child protection within Indonesian family law.

Susy Putri Wihadi; Alfred Ariyanto; Nunuk Jati Saputri; Thomas Mulyanto Kurniawan

Prosiding Seminar Nasional Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The digital transformation of the Indonesian judicial system through the implementation of e-court and e-litigation necessitates a redefinition of conventional evidentiary laws, which have historically been governed by the Herziene Inlandsch Reglement (HIR) and the Rechtreglement voor de Buitengewesten (RBg). This research aims to analyze the evidentiary strength of electronic documents as expanded means of proof in civil proceedings and to identify the challenges regarding their implementation. The research method employed is normative legal research using a statutory approach and a conceptual approach. The findings indicate that based on the principle of functional equivalence, electronic documents hold a legal status equivalent to paper-based documents, provided they meet the requirements of integrity, accessibility, and authenticity through certified electronic signatures as mandated by Law Number 1 of 2024 concerning Electronic Information and Transactions. The evidentiary strength of an electronic document may reach the level of conclusive evidence, similar to an authentic deed, if supported by a reliable electronic system. However, implementation still faces technical hurdles concerning metadata verification and limited human resource competency within the judiciary. This research recommends the urgent need for a new codification of civil procedural law and the standardization of digital forensic procedures in trials to ensure legal certainty and justice for all parties in the digital era.

Fredy Ied Fitriadi; Aldhitama Ramadhan; Fasub Hanal; Jimmi MP Aritonang

Prosiding Seminar Nasional Ilmu Hukum 2026 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study examines the foundational framework and evolving dynamics of Indonesian civil procedural law (Hukum Acara Perdata) amid its transformation from colonial legal heritage toward a modern, digitalized justice system. Using normative-doctrinal legal research methodology combined with empirical court statistics from 2022–2024, the study analyzes four dimensions: (1) core procedural principles rooted in the HIR and RBg; (2) the mandatory mediation framework under PERMA No. 1 of 2016; (3) the evolution of evidence law toward electronic evidence under the amended UU ITE (Law No. 1 of 2024); and (4) mechanisms of judicial decisions and legal remedies. Findings show that e-court implementation has dramatically increased efficiency minutasi productivity rose from 64.35% (2022) to 96.50% (2024)—while 594,816 users registered through e-court by 2023. The study concludes that Indonesia’s civil procedural law is actively adapting to technological disruption, though structural challenges such as digital inequality, electronic evidence authentication gaps, and regulatory harmonization remain unresolved.

Moh Sya'roni; Zaini Zaini; Mohammad Nurul Huda

Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Digital transformation in the judicial system represents a strategic step to improve the quality of legal services in Indonesia. One of the innovations implemented by the Supreme Court of the Republic of Indonesia is the E-Court system, which enables case administration and court proceedings to be conducted electronically. This study aims to analyze the effectiveness of the implementation of E-Court in realizing the principles of simple, fast, and low-cost justice, as well as to identify the obstacles faced by parties who do not utilize the system. The research method employed is a normative legal approach, involving the analysis of statutory regulations and scholarly literature. The results indicate that, normatively, E-Court has been effective in supporting judicial efficiency; however, in practice, it still encounters various challenges, including technical, social, and institutional aspects. These obstacles vary among different legal subjects, namely advocates, individuals, private legal entities, and government legal entities. Therefore, comprehensive efforts are required to optimize the implementation of E-Court to ensure that the objectives of judicial reform can be fully achieved. Furthermore, the findings reveal that, from a normative perspective, E-Court provides a more efficient mechanism compared to conventional systems, particularly in terms of case administration and communication between parties. However, this effectiveness has not been evenly realized due to constraints such as the digital divide, limited technological infrastructure, and low user readiness. Consequently, the implementation of E-Court still requires reinforcement in both technical and cultural aspects to ensure optimal accessibility for all segments of society.

Ivander Juahta; Ujuh Juhana

International Journal of Law, Crime and Justice 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The enactment of Indonesia's Law Number 20 of 2025 on the Code of Criminal Procedure (KUHAP 2025), effective January 2, 2026, introduces a paradigmatic shift in the coordination between investigators and public prosecutors: Article 58 mandates active coordination from the investigation stage, fundamentally departing from the sequential-passive model of the former KUHAP, while Article 70 imposes a strict seven-day deadline for indictment drafting after case files are declared complete. This study examines two interconnected questions: (1) how the legal framework governing investigator–prosecutor coordination is structured under KUHAP 2025 and related legislation; and (2) how that framework is implemented in practice at the Purwakarta District Prosecutor's Office. A normative–empirical mixed-method design was employed, integrating statutory, conceptual, and case-study approaches. Data were gathered through in-depth interviews with prosecutors and investigators at Purwakarta District Prosecutor's Office and Purwakarta Police Resort, case document analysis, and field observation. The theoretical framework combines Lawrence M. Friedman's Legal System Theory and Soerjono Soekanto's Law Enforcement Theory. Findings reveal that KUHAP 2025 delivers substantial normative advancement yet harbours three critical regulatory gaps: the absence of binding technical protocols for implementing mandatory active coordination, the lack of uniform and measurable case-file completeness standards, and no formal mechanism for resolving institutional disagreements on legal interpretation. On the ground, coordination at Purwakarta still operates under the old sequential-passive pattern despite the new law: case-file returns (P-19) remain frequent, driven primarily by absent expert testimony, insufficient factual narration in examination records, and mismatches between charged articles and legal facts. A Friedman–Soekanto diagnostic reveals simultaneous dysfunction across all three legal system components substance, structure, and legal culture with the entrenched 'waiting culture' between the police and the prosecution identified as the most resistant obstacle to reform.

Firdatul Halimah; Muhammad Hamdi

JURNAL RISET EKONOMI DAN AKUNTANSI (JREA) 2026 Institut Teknologi dan Bisnis (ITB) Semarang

This study aims to evaluate the practices of online lending on the Adapundi platform in Kebonan Village, Gumukmas District, through a Sharia Economic Law review focusing on the elements of Riba (usury), Gharar (uncertainty), and Tadlis (deception). Utilizing a qualitative field research method with a normative-empirical approach, data were gathered through observations of application functionality and in-depth interviews with debtors to dissect contract structures and information transparency. The findings reveal a significant discrepancy between digital representation and the reality of fund disbursement, where customers often receive funds that have been deducted upfront (discounting) yet remain burdened with the obligation to repay the full initial nominal amount. This practice is identified as containing elements of Gharar fil Miqdar due to the lack of clarity regarding the actual nominal received , Riba Qardh in the deduction of fees that lack a fair compensation basis ('iwadh) , and indications of Tadlis through misleading visual strategies within the application. These findings emphasize that such transaction mechanisms violate the principle of absolute consent (An-Taradin) and create structural imbalances or injustice (Dzulm) that harm the community. This study recommends the need for strengthening public literacy and transforming fintech service systems to align with the values of Islamic economic justice.