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Farhan Abbas; Riyadhul Jinan; Raia Humaini; Aditia Lahakam; Hikmatullah Hikmatullah

The impact of sighar marriage on the younger generation from the perspective of Islamic law, social, and psychological. The main problem raised is the practice of marriage without dowry which places women as objects of exchange, thus ignoring their rights and causing the invalidity of the contract according to a number of scholars. The purpose of this study is to analyze the social, legal, and religious consequences of sighar marriage and its implications on the formation of children's identity and family resilience. The research method uses a literature study with a normative-comparative approach, referring to classical fiqh literature, hadith, and contemporary academic studies that compare the views of the Shafi'i, Maliki, Hanbali, and Hanafi schools. The results of the study show that nikah syighar has an impact on the neglect of women's rights, the normalization of objectification, household instability, the crisis of children's identity, and the weakening of family institutions. In addition, this practice is contrary to maqasid al-shari'ah, thus undermining the sacred value of marriage as worship and a means of moral development. These findings underscore the need for Islamic family law regulation and education to protect the younger generation from the practice of illegal and harmful marriage.

Muhammad Rizwar Azis; M. Dwi Agam Rifa’i; Fauzan Ainur Habib; Dera Jaidda Dzahabiyyah

This study discusses the concept of polygamy from the perspectives of Islamic law and positive law in Indonesia, focusing on the principles of justice and its impact on women and families. Polygamy is one of the issues in fiqh munakahat that continues to generate debate because it is considered closely related to patriarchal culture, gender inequality, and violence against women. This study aims to analyze the legal basis of polygamy in the Qur’an, the views of scholars of tafsir and fiqh regarding polygamy, as well as the regulation of polygamy in Indonesian legislation. This study employs a library research method with a normative-sociological approach. Data sources were obtained from books of tafsir, fiqh, hadith, Islamic legal literature, and laws and regulations related to marriage in Indonesia. The findings indicate that Islam permits polygamy under very strict conditions, particularly regarding the husband’s ability to act justly both materially and emotionally. However, justice in emotional aspects and affection is considered very difficult for ordinary people to achieve, as emphasized in Qur'an Surah An-Nisa verse 129. In Indonesian positive law, the primary principle of marriage is monogamy, while polygamy is only permitted under certain circumstances with administrative requirements and court approval. This study concludes that the practice of polygamy in the modern era should be understood contextually by considering aspects of public welfare (maslahah), the protection of women’s rights, family justice, and the primary objectives of Islamic law in establishing a harmonious family characterized by sakinah, mawaddah, and rahmah.             

Naufal Akbar; Aniq Saeful Rosyad; Adit Munandar; Linda Amelia; Hikmatullah Hikmatullah

Within the framework of Islamic family law (fiqh munakahat), the issue of nusyuz plays a significant role, as it is closely related to maintaining harmony and stability in the marital relationship. Generally, nusyuz is often defined as a form of a wife’s disobedience toward her husband. However, Islamic jurisprudence acknowledges that nusyuz can also be committed by a husband if he fails to fulfill the rights, responsibilities, and obligations he owes to his wife, in accordance with the principles of Sharia. This study aims to provide a comprehensive analysis of the concept of nusyuz in the context of family life, from the perspective of fiqh munakahat. The discussion covers the meaning and characteristics of nusyuz, its legal basis in Islamic sources, the factors contributing to its emergence, its various manifestations in married life, its implications for family relationships, and existing methods for addressing this issue. This study employs a literature review method supported by a descriptive qualitative approach, drawing on relevant literature from classical and contemporary Islamic legal sources. The results indicate that resolving issues of nusyuz should be approached through a gradual and constructive process, including counseling, dialogue, mediation, consultation, and reconciliation. These steps aim to restore mutual understanding and strengthen family unity. Therefore, raising awareness of each spouse’s rights and obligations is crucial to preventing nusyuz and creating a household filled with peace, love, mutual respect, and intimacy.

Ade Saputra Dinata; Meydilah Ayunafisah; Vera Ayu Lestari

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

The government policy known as the Free Nutritional Meal Program (MBG) aims to improve public nutrition and reduce stunting rates in Indonesia. The purpose of this study is to examine the MBG Program from a political perspective, particularly considering political dynamics, legal risks, and fiscal issues. This research was conducted through literature review, reviewing various journals and academic sources. The results indicate that the MBG not only has social impacts but also influences political interests, poses risks to legal enforcement, and disrupts the sustainability of the state budget. Therefore, for the program to be successful and sustainable, strong regulations and oversight are required. Furthermore, this populist program is often utilized as an instrument for power legitimacy, demanding compromises between the executive and legislative branches during its budget approval process. Without a detailed legal framework, the policy's implementation is highly vulnerable to overlapping institutional authority and potential misappropriation of funds. Ultimately, technology-based monitoring strategies and accountable governance are the main keys to maintaining the stability of the State Budget (APBN).

Alif Fabiano Hariyanto; Eka Fathur Fahmi; Bima Antares Onarelly

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

This study analyzes the abuse of prosecutorial authority from a normative juridical perspective within constitutional law and its implications for the rule of law and good governance in Indonesia. It focuses on the concept of abuse of power (détournement de pouvoir) in assessing prosecutorial actions and examines power relations in law enforcement that may affect objectivity and fairness in criminal justice. The research uses a normative juridical method with statute and case approaches. Primary legal materials include the 1945 Constitution, Law No. 16 of 2004 on the Prosecutor’s Office as amended by Law No. 11 of 2021, and Law No. 30 of 2014 on Government Administration, supported by doctrines and jurisprudence. Secondary materials include books and journals on constitutional and administrative law. The findings show that prosecutorial authority as dominus litis is limited by legality, good governance principles, and due process of law. Abuse of authority may occur not only through procedural violations but also through deviations from its intended purpose, leading to formally lawful but substantively unjust actions. Power relations may also create institutional imbalance in law enforcement. Therefore, stronger supervisory mechanisms are needed to ensure prosecutorial authority aligns with the rule of law and good 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.

Nuraini Nuraini; Muhammad Syukran Yamin Lubis

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

This study aims to analyze the implementation of good governance principles in digital population administration services in Medan Marelan Subdistrict from the perspective of Administrative Law. The background of this research is based on the importance of digital transformation in public services through the Electronic-Based Government System (SPBE) to enhance transparency, accountability, effectiveness, and efficiency. However, in practice, several obstacles are still encountered, such as limited infrastructure, network disruptions, and limited human resources. This research employs an empirical legal research method with both empirical and statutory approaches. Data were collected through field research, including interviews with subdistrict officials and the community, as well as library research involving laws, regulations, and relevant literature. The data were analyzed qualitatively to examine the conformity between the implementation of services and the principles of good governance and general principles of good administration (AUPB). The results show that the implementation of good governance principles in digital population services in Medan Marelan Subdistrict has not been fully optimal. This is indicated by challenges in information transparency, system effectiveness, and limitations in human resources and infrastructure. Nevertheless, digital services have provided convenience for the community in accessing population administration services. In conclusion, improvements in human resources quality, technological infrastructure, and the strengthening of supervision and evaluation mechanisms are necessary to achieve public services that align with good governance principles.

Yudika Dwi Erwanda; Darmawan Darmawan; Azhari Azhari

International Journal of Law and Civil Affairs 2026 International Forum of Researchers and Lecturers

This study examines the regulation of copyright royalties as joint property in Indonesia, the United States, and Europe, aiming to provide recommendations for better legal implementation. The research employs a normative juridical method with a comparative legal approach, utilizing library research and qualitative analysis of primary and secondary legal materials. The findings indicate that Indonesia, the United States, and Europe share common ground in recognizing royalties derived from copyright as joint property when such economic benefits are obtained during marriage. However, significant differences exist in their approaches. European countries, particularly Spain and the Republic of Moldova, clearly distinguish between exclusive rights and economic rights, where copyright remains the creator's personal property while royalties are classified as joint property. The United States demonstrates considerable flexibility through state-level regulations, adopting either community property systems or equitable distribution systems. Indonesia, through Decision No. 1622/PDT.G/2023/PA.JB, has begun recognizing royalties as joint property. Nevertheless, Indonesia still requires clearer and more comprehensive regulations to ensure legal certainty regarding the status of royalties as joint property and their distribution following divorce. This study contributes to developing legal frameworks that balance protecting creators' personal rights with the principle of fairness in family law.

Ahmad Muhammad Mustain Nasoha; Retna Khoiriyah; Retna Khoiriyah; Maulida Akmasa Moza Hidayat; Alfi Farras Najwa Sabiel +1 more

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2026 International Forum of Researchers and Lecturers

This study aims to analyze the process of internalizing legal values in the formation of a culture of law-abidingness by emphasizing the perspective of civic responsibility and the Islamic Sociological Jurisprudence Theory approach. The main problem studied is how legal values are not only understood normatively, but also internalized in the individual and collective consciousness of society, thus giving rise to sustainable law-abiding behavior. The research method used is a normative juridical approach with strengthening conceptual and sociological analysis of legal dynamics in society. The results show that the internalization of legal values is a multidimensional process involving cognitive, affective, and spiritual aspects, which are influenced by education, the social environment, role models, and the consistency of law enforcement. In the context of civic responsibility, a culture of law-abidingness is not only formal compliance with regulations, but also reflects moral awareness and active participation of citizens in maintaining social order. Meanwhile, Islamic Sociological Jurisprudence Theory offers an integrative paradigm that combines the normative dimensions of sharia with social reality, through a comparative approach of schools of thought, maqāṣid al-syarī‘ah, and an orientation toward the welfare of the people. This research emphasizes that the formation of an effective culture of law-abidingness requires a holistic and contextual approach, in which law is understood as a living and adaptive social instrument. Thus, the internalization of legal values based on civic responsibility and an Islamic sociological jurisprudence approach can encourage the realization of substantive justice, high legal awareness, and a civilized and sustainable social order.    

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.

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.

Seni Kamalia Rizki Fathullah

Jurnal Hukum dan Sosial Politik 2026 International Forum of Researchers and Lecturers

Regulatory overlap between the Electronic Information and Transactions Law, the Pornography Law, and the Sexual Violence Crimes Law in the handling of online gender-based violence (KBGO) in Indonesia creates a conflict of norms that results in double victimization. This normative legal study aims to identify the concrete forms of victim sacrifice resulting from overlapping regulations and to critique the inability of conflict-resolution mechanisms to address these conflicts through the principle of lex specialis systematica from a substantive justice perspective. The findings reveal four forms of victim sacrifice: victim criminalization, the length of the judicial process, inconsistencies in court rulings, and the failure to fulfill the right to restitution and the right to be forgotten. This study also concludes that the lex specialis systematis principle is inadequate because its dogmatic approach disregards the interests of victims, requires time and expertise that ordinary victims lack, and is not consistently applied in courts. This study recommends a paradigm shift from a dogmatic approach to a victim-centered approach.

Abdul Husain Natsir; Nasrullah Sapa

Journal of Management and Social Sciences (JIMAS) 2026 Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

The rapid development of financial technology (fintech) in the digital era presents both opportunities and challenges for the Islamic economic system. This study aims to analyze the concept of Islamic fintech, its role in digital economic transformation, and its legal review from the perspective of Islamic economic law (fiqh muamalah). Using a qualitative method with a normative juridical approach, this research examines various fintech models operating on sharia principles—including Islamic peer-to-peer (P2P) lending, digital Islamic crowdfunding, sharia payment gateways, and Islamic robo-advisory—and reviews their compliance with the principles of prohibition of riba (usury), gharar (excessive uncertainty), maysir (gambling), and the requirement of maslahah (public benefit). The results indicate that: (1) Islamic fintech represents a legitimate financial innovation insofar as it adheres to the principles of sharia; (2) the National Sharia Council–Indonesian Ulema Council (DSN-MUI) fatwas, particularly No. 117/DSN-MUI/II/2018 on Information Technology-Based Financing Services, provide a regulatory framework but require continuous updating to keep pace with technological developments; (3) Islamic fintech contributes significantly to financial inclusion, particularly for unbanked communities in Indonesia; and (4) challenges related to sharia compliance, data governance, and regulatory harmonization remain critical issues requiring the joint attention of regulators, sharia scholars, and technology practitioners. This study contributes to the development of Islamic economic law theory in the context of digital transformation and provides practical recommendations for Islamic fintech stakeholders.

Mohammad Iqbalya; Nur Qoilun

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the implementation of legal responsibility by goat farmers in managing waste from Etawa goat farming based on a circular economy model at Nusantara Farm, Sidoarjo. The study employs both normative juridical and empirical juridical approaches, with data collection techniques including literature review, interviews, and field observations.The results indicate that waste management is carried out through direct utilization, such as using livestock manure as organic fertilizer, selling waste, and distributing it to the surrounding community. These practices demonstrate that waste is not disposed of carelessly but rather reused, thereby creating economic and functional value.From a legal perspective, this condition reflects the fulfillment of the farmers' responsibilities in accordance with applicable laws and regulations, particularly in efforts to prevent environmental pollution. Furthermore, these waste management practices partially embody the principles of the circular economy, especially in terms of reuse.However, the current waste management practices remain conventional and are not yet optimally integrated. Therefore, there is a need to develop a waste management model based on an integrated closed-loop system to enhance the economic value of waste while ensuring more effective environmental sustainability.

Andi Milhan

Lembaga Pengembangan Kinerja Dosen 2026 Lembaga Pengembangan Kinerja Dosen

The escalation of negative sentiment in the digital space towards Rohingya refugees in Indonesia throughout 2023-2026 has reflected a shift in public perspectives, from humanitarian principles to restictive rejection. This study aims to analyze how digital discourse on TikTok dan Instagram platforms frames the Rohingyan refugee issue as a national security threat through the lens of Barry Buzan`s Securitization Theory and Ruth Wodak`s Critical Discourse Analysis (AWK). This study uses qualitative methods with note-taking techniques and filtering hastag-based viral data related to refugee rejection. The results show that the securitization process was successfully driven by three main typologies of netizen narratives: domestic socio-economic jealousy, delegetimization of Internasional authorities (UNHCR) by referring to popular legal discourse on the 1945 Constitution, and demands for an active role for the military (TNI AL) and Polair at maritime borders. The accumulation of speech acts that have gone viral on social media is evidence of the creation of strong horizontal pressure, thus urging the Indonesian goverment to review its policies towards a more restrictive direction (viral-based policy) to prioritize national soverignity and security over global humanitarian commitments.

Ahmad Muhamad Mustain Nasoha; Elsya Novitasari Anggraini; Ratna Ayu Fitriana; Rahmania Nur Aslami

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study analyzes the reconstruction of Human Rights (HR) in Indonesia through the integration of Pancasila values and Islamic Religious Education (IRE) within the framework of Islamic Sociological Jurisprudence. In the Indonesian context, human rights are not merely perceived as universal individual liberties, but are understood within broader philosophical, religious, and socio-cultural dimensions. Pancasila functions as the foundational framework that harmonizes individual rights with social responsibilities, while Islamic teachings provide normative and theological foundations through principles such as maqasid al-shari‘ah, justice (‘adl), and human dignity (karamah insaniyyah), as well as Qur’anic values of tolerance and moderation (tasamuh and wasatiyyah). This research adopts a qualitative method with a descriptive approach based on literature review, drawing upon various scholarly sources related to human rights, Islamic education, and sociological jurisprudence. The findings reveal that the integration of Pancasila and Islamic Religious Education generates a comprehensive understanding of human rights that is both normative and contextual. Moreover, empirical findings indicate that a deeper comprehension of Qur’anic teachings on tolerance is positively correlated with the development of moderate and inclusive attitudes, thereby highlighting the significant role of education in internalizing human rights values. Additionally, the historical transition from pre-Islamic (Jahiliyyah) society to the Islamic era demonstrates that Islamic teachings function as an agent of social transformation by promoting justice, equality, and the protection of marginalized groups. From the perspective of Islamic Sociological Jurisprudence, law is viewed as a dynamic system that must remain responsive to evolving social conditions, ensuring that the reconstruction of human rights remains relevant and adaptable. In conclusion, the synergy between Pancasila values, Islamic teachings, and sociological legal approaches contributes to the formation of a more inclusive, balanced, and culturally grounded human rights paradigm in Indonesia.

Nur Sabrina Kumalasari; Irmayanti Septiana Putri; Fathurrohman Nur Hidayat; Rendy Aprilio Sulaiman; Muhammad Adymas Hikal Fikri

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Rapid urban growth is often linked to the narrative of sustainable development, yet the reality is that fundamental issues remain in the management of urban waste. This paper aims to examine the gap between the concept of a sustainable city and sub-optimal waste management practices. Through a normative legal approach involving an analysis of legislation and relevant literature, it has been found that the implementation of waste management policies continues to face various challenges, such as weak law enforcement, a lack of policy integration, and low levels of public participation. On the other hand, the use of the label ‘sustainable city’ tends to be symbolic and does not yet reflect comprehensive practices. This paper positions the issue of waste as a key indicator in assessing urban sustainability. The novelty of this study lies in its critical approach, which links the discourse on sustainability with the contextual realities of waste management, thereby offering a more reflective and distinct perspective from previous studies.

I Gede Wisnu Darma Suta; Ni Ketut Sari Adnyani; Komang Febrinayanti Dantes

Jurnal Hukum, Administrasi Publik dan Negara 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study examines the urgency of foreign nationals' (WNA) legal status and visa compliance in the vehicle rental business in Bali, as well as its impact on business disputes involving local entrepreneurs. The increasing number of international tourists visiting Bali has spurred the growth of vehicle rental services, yet it has also given rise to illegal practices by foreign nationals such as misuse of tourist visas for commercial purposes, tax evasion, and unfair business competition. This research adopts a normative juridical method using statute, conceptual, and case approaches, referring to key legal documents including Law No. 6 of 2011 on Immigration, Law No. 6 of 2023 on Manpower, Ministerial Regulation No. 21 of 2016, and Bali Regional Regulation No. 5 of 2016 on Tour Guiding. The findings highlight the vulnerability of rental contracts under Article 1548 of the Indonesian Civil Code, risks of breach of contract, and widespread violations of the Electronic Traffic Law Enforcement (ETLE) system, the penalties of which are imposed on rental owners. Nationality disparities and weak immigration oversight further undermine the effectiveness of law enforcement. This study concludes that legal protection for local business actors relies heavily on the legal clarity of WNA status, the appropriateness of 1 visa categories, and strong inter-agency coordination. The novelty of this research lies in integrating legal analysis of WNA legitimacy with a dispute resolution framework specific to the vehicle rental sector in Bali’s tourism landscape a perspective that has been largely overlooked in prior studies. The recommendations include strengthening rental contracts, enhancing coordinated supervisory mechanisms, and harmonizing civil and criminal law to establish a stronger deterrent effect.

Ahmad Irfansyah Rosyadi; Salsabila Syifana Alkamila; Agita Naysilla Putri; Muhammad Lexsi Pratama; Ali Murtadho Emzaed

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

Zakat and taxation are two important instruments in the life of society and the state, both of which aim to improve social welfare. However, in practice, the integration of zakat and taxation in Indonesia has not yet been fully realised, meaning that the potential of zakat as part of fiscal policy has not been optimally utilised. This study aims to examine the status of zakat within the legal system and public policy, the form of its integration into the tax system, and the various obstacles encountered in its implementation. This study employs a normative legal methodology using legislative, conceptual, and analytical approaches, and utilises secondary data analysed qualitatively. The research findings indicate that zakat has been recognised within the national legal system; however, it is still viewed as a religious obligation that coexists alongside taxation as a state obligation. The current integration remains limited to reductions in taxable income and has not yet demonstrated comprehensive coherence within fiscal policy. Furthermore, its implementation continues to face various obstacles from legal, institutional, technical, and fiscal perspectives, meaning it has not yet been effectively implemented.

Rayi Kharisma Rajib; Agnes Tio E. Debataraja; Claudya Vanessa Tabansa

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

This article analyzes the legal status of golf course development, specifically Gunung Geulis Country Club (GGCC) in the Puncak-Bogor Area within Indonesia's spatial planning policy and Green Open Space (RTH) protection framework, while evaluating its ecological impacts from an environmental justice perspective. Employing a normative juridical method with statutory, conceptual, and case-based approaches, this research identifies two core issues. First, golf course development occupies a legal grey area: it is recognized as private RTH under Article 29(2) of Law No. 26 of 2007 on Spatial Planning, yet substantively fails to fulfill the ecological functions mandated by law due to its exclusivity and inaccessibility to the public. Second, from an environmental justice perspective, GGCC's development generates layered distributive, procedural, and corrective injustices: surrounding communities bear the burden of groundwater contamination, reduced spring discharge, increased surface runoff, and flood risk, while economic and recreational benefits are concentrated among a small number of high-fee members. Weak AMDAL instruments, minimal public participation, and inconsistent spatial monitoring in the Puncak-Bogor protected area exacerbate these conditions. This article recommends policy reforms including stricter private RTH definitions, strengthened participatory AMDAL processes, and consistent application of the polluter-pays principle.