Publication Search

The difference in the determination of when a divorce takes effect between Islamic law and statutory law raises issues in the judicial practice of the Sharia Court. In a number of cases, judges have issued a single bain sughra divorce even though, according to Sharia law, the husband has already issued three divorces. This raises issues regarding the validity of reconciliation and its legal implications for the status of the children. This study aims to analyze the differences in the concept of divorce, the reasons for the judges’ decisions, the validity of reconciliation, and the legal consequences for children in both legal systems. This study employs a mixed-methods approach (normative and empirical) using legislative, conceptual, and comparative frameworks. The analysis is conducted through comparative theory, legal certainty, maqāṣid al-syarī’ah, and child protection. The results indicate a fundamental difference between substantive validity in Islamic law and formal validity in positive law. The Sharia Court’s ruling on a single bain sughra divorce is based on procedural caution, yet it creates a dualism regarding the validity of reconciliation and the potential for legal uncertainty. Regarding children, positive law provides full recognition, while Islamic law continues to emphasize the caution regarding lineage but is oriented toward protecting the best interests of the child. This study offers an integrative approach by recognizing out-of-court divorce as a substantive legal fact to bridge legal certainty and justice.

This study focuses on the elements of gharar (uncertainty), tadlis (fraud), and breach of contract in examining multiple transactions of a single land object from the standpoint of Islamic economic law. The rising frequency of disagreements over land purchases and sales brought on by the same seller engaging in overlapping transactions, unclear ownership status, and a lack of transparency has prompted this research. This study aims to investigate the effects of these activities on Indonesian positive law and Islamic economic law. This case study employed an empirical legal approach and was carried out in Grogol Village, Tulangan District, Sidoarjo Regency. Data was gathered through observation, interviews, and documentation by the buyer, seller, and local authorities. The findings indicate that due to unclear land boundaries and ownership status, the transaction contained significant elements of gharar and tadlis because the seller concealed important information about the previous transaction. Furthermore, the seller's failure to fulfill obligations stipulated in the contract constitutes a breach of contract under positive law. This study demonstrates that these practices not only violate legal regulations but also contradict the principles of Islamic economic law such as justice, transparency, and good faith. According to this study, legal awareness, administrative accuracy, and institutional oversight are vital to prevent such issues in the future.

This study aims to examine the normative construction and practical implementation of criminal sanctions against narcotics abusers from the perspectives of Islamic criminal law and Indonesian positive law, as well as to formulate an integrative policy model that is more just, humane, and context-sensitive in Bungo Regency. Narcotics abuse constitutes a multidimensional problem involving legal, social, moral, and public health dimensions. Therefore, a comprehensive approach is required to integrate the normative values of Islamic criminal law with the national legal system. This research employs a normative-empirical approach using comparative legal analysis, examining statutory regulations, doctrines of Islamic criminal law, and law enforcement practices at the local level. The findings indicate that Islamic criminal law frames narcotics abuse within the protection of maqāṣid al-sharī‘ah, particularly the preservation of intellect (ḥifẓ al-‘aql) and life (ḥifẓ al-nafs), thereby emphasizing not only punitive but also educational and rehabilitative orientations through the instrument of ta‘zīr. Meanwhile, Indonesian positive law, particularly Law No. 35 of 2009 on Narcotics, provides legal space for rehabilitation; however, its implementation still encounters structural and cultural challenges. This study concludes that integrating Islamic criminal law principles with the national legal framework may produce a more responsive sentencing model that upholds substantive justice, human rights protection, and effective narcotics control. Policy reformulation grounded in religious values, restorative approaches, and social rehabilitation is recommended as a strategic direction for national criminal law reform.

For criminal justice systems, the growing number of young people involved in drug-related crimes is a serious problem, especially when it comes to striking a balance between law enforcement and child protection and rehabilitation. By contrasting viewpoints from Islamic law and Indonesian positive law, this study investigates the use of restorative justice in the processing of adolescent drug cases in Tanjung Jabung Barat Regency, Jambi. The study used a qualitative socio-legal methodology that integrates normative legal analysis with empirical field data gathered via observations, interviews, and document analysis involving law enforcement personnel, rehabilitation facilities, families, and community people. The results show that diversionary measures required by Law No. 11 of 2012 regulating the Juvenile Criminal Justice System are the main means by which restorative justice is applied in juvenile drug cases. In order to guarantee that children are not subjected to punitive detention but rather have options for recovery and social reintegration, these systems prioritize mediation, rehabilitation, and community involvement. From the standpoint of Islamic law, restorative justice is consistent with fundamental tenets like tawbah (repentance), islah (reconciliation), and the protection of human welfare, all of which place an emphasis on moral reform and the preservation of children's dignity. These ideas support the adoption of restorative measures in the resolution of adolescent drug offenses in Tanjung Jabung Barat, a sociocultural setting where Malay-Islamic beliefs have a significant impact on community life. The report does, however, also point out a number of difficulties, such as the lack of rehabilitation facilities, the societal stigma associated with juvenile offenders, and the inconsistent use of diversion by law enforcement. The study comes to the conclusion that a framework for handling juvenile drug cases that prioritizes the rehabilitation and future well-being of children is both culturally sensitive and legally sound when restorative justice ideas are integrated with Islamic legal values and Indonesian statutory law.

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

The reform of family law in Indonesia represents an essential response to social developments and the growing demand for constitutional protection of citizens’ rights. Family law, primarily governed by Law Number 1 of 1974 on Marriage, has long been criticized for not fully reflecting substantive justice, particularly for vulnerable groups such as children born outside marriage, persons with mental disabilities, and couples facing complex marital relations. In this context, the Constitutional Court of Indonesia (Mahkamah Konstitusi) plays a crucial role as the guardian of the Constitution by promoting progressive reforms through its landmark decisions. This study examines the implications of five significant Constitutional Court rulings: Decision No. 46/PUU-VIII/2010 concerning the legal recognition of children born out of wedlock; Decision No. 93/PUU-XX/2022 addressing guardianship and the rights of persons with mental disabilities; Decision No. 69/PUU-XIII/2015 allowing post-nuptial agreements; and Decisions No. 68/PUU-XII/2014 and No. 24/PUU-XX/2022 regarding interfaith marriage. These rulings demonstrate a paradigm shift from a rigid legalistic approach toward a constitutional framework grounded in human rights, equality, and substantive justice. Furthermore, notaries hold a strategic position as public officials authorized to draft authentic deeds, serving as a bridge between constitutional values and legal practice. Notaries are not merely administrative actors but are responsible for ensuring that legal documents align with positive law and provide legal certainty and protection for individuals. Therefore, the reform of Indonesian family law should not remain solely at the normative level of Constitutional Court rulings but must be effectively implemented in daily legal practice.

The position of children in marriage plays an important role in family law because it is related to the legal status and fulfillment of children's civil rights. Differences in regulations regarding legitimate children and children born out of wedlock in Indonesian positive law create legal uncertainty, particularly regarding civil relations with biological fathers. This study aims to analyze the legal status of legitimate children and illegitimate children and the changes in the legal paradigm following Constitutional Court Decision Number 46/PUU-VII/2010. This study uses normative legal methods with a statutory and conceptual approach. The results show that before the Constitutional Court decision, illegitimate children only had a civil relationship with their mother and their mother's family, whereas after the decision, illegitimate children can have a civil relationship with their biological father as long as the blood relationship can be legally proven. This decision confirms legal reform efforts to guarantee protection and legal certainty for children without discrimination based on birth status.

Corruption remains a systemic challenge in Indonesia, particularly in the administration of government grant funding, undermining public trust, institutional integrity, and sustainable development. Despite the establishment of the Corruption Eradication Commission (Komisi Pemberantasan Korupsi, KPK) and other specialized bodies, law enforcement continues to face institutional, political, and cultural barriers. This study explores how Islamic criminal law can strengthen anti-corruption strategies by integrating empirical legal practices with normative religious principles. Using a normative-empirical socio-legal approach, the research combines case studies of KPK’s enforcement processes with doctrinal analysis of fiqh jināyah. Data were collected through legal document analysis, policy reviews, and qualitative evaluations of institutional reports and court rulings. Findings indicate that Islamic legal concepts such as khiyānah (breach of trust), ghulūl (misappropriation of public assets), amānah (trustworthiness), ʿadl (justice), and maṣlaḥah (public interest) provide a strong ethical foundation that complements positive law enforcement. While KPK has demonstrated effectiveness in investigation, prosecution, and prevention, its performance is constrained by political pressure, regulatory gaps, and limited resources. The study concludes that embedding Islamic ethical principles into governance, legal education, and public administration can enhance institutional accountability, reinforce preventive measures, and cultivate a culture of integrity. This normative convergence advances socio-legal pluralism and offers practical insights for value-based anti-corruption policy in Indonesia.

This study aims to examine the implementation of restorative justice within Bungo Regency's criminal judicial system from the perspective of Islamic law. Although restorative justice has been formally adopted in Indonesia through various regulations, its application at the regional level remains an important issue that requires careful attention. The study employs a juridical-empirical research design with a qualitative approach. Data was gathered through observations, in-depth interviews with law enforcement, religious leaders, victims, and offenders, and document analysis. The analysis integrates perspectives from both positive law and Islamic law, particularly focusing on the principles of qiṣāṣ–diyāt, ṣulḥ, ‘afw, ta‘zīr, and maqāṣid al-sharī‘ah. The findings indicate that restorative justice is used in certain criminal cases during the investigative phase in Bungo Regency. However, its effectiveness is limited by factors such as varying levels of readiness among victims and offenders, insufficient technical regulations, community resistance, and inconsistent understanding among law enforcement. From an Islamic law perspective, restorative justice aligns well with Islamic justice principles, particularly those emphasizing public welfare, forgiveness, and restoration. The study concludes that restorative justice is a contemporary manifestation of principles deeply rooted in Islamic legal tradition and not a contradiction of Islamic law. To improve its application, enhancing law enforcement competence, engaging religious and community leaders, and integrating Islamic legal principles into criminal justice policies are essential.

A traffic accident is a social risk event that causes serious losses, either in the form of injury, loss of property, or death of a family member. The State provides protection through the Road Traffic Accident Fund as stipulated in Law Number 34 of 1964 and Government Regulation Number 18 of 1965. However, in practice, the regulation of the status of victims and the coverage of the heirs of the beneficiaries still raises juridical and social problems because they do not fully reflect substantive justice. This study aims to analyze the concept of victims and heirs in the applicable Road Traffic Accident Fund regulations, as well as formulate a more equitable reconstruction of the regulation. This research is normative legal research with a legislative, conceptual, and comparative approach. Analysis is carried out on positive legal norms and social realities that develop in society. The results of the study show that the definition of victim and the limitation of the coverage of heirs in the current positive law are narrow and administrative, so they are less responsive to the complexity of social relations and the economic dependence of the families of traffic accident victims. The mismatch between normative boundaries and social realities has implications for the non-achievement of the goals of social protection and substantive justice. Therefore, this study offers a reconstruction of the interpretation of the concept of victims and an expansion of the coverage of heirs that is more responsive, inclusive, and oriented towards social protection.

The industrial revolution 4.0 has brought rapid advances in technology, one of which is artificial intelligence (AI). AI has the ability to imitate the human thought and action process in solving various problems. However, the implementation of AI raises legal problems related to responsibility for the negative impacts caused, such as cybercrime, information manipulation, privacy violations, and misuse of technology. Indonesia, as a country based on law, is faced with the challenge of regulating AI to be in line with technological developments. Currently, legal regulations in Indonesia do not specifically regulate the legal responsibility of AI. Positive laws, such as the Civil Code and the ITE Law, can be used interpretively, but are not enough to address the complexity of AI. Legal responsibility related to AI is debatable, whether it is imposed on the developer, owner, or user of AI. In addition, AI does not have a “mens rea” in criminal law, so that unlawful acts are more relevant to be imposed on the responsible human. To overcome this problem, legal reform or the creation of special regulations that comprehensively regulate AI are needed. These regulations must include privacy protection, data security, and criminal and civil liability due to the use of AI. With a clear legal framework, the risk of AI misuse can be minimized and its use can be optimized for the welfare of society.

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

The background of this research aims to determine and analyze judges' perspectives on the application of customary law in resolving criminal cases at the Padangsidimpuan District Court. Customary law is an unwritten legal system that exists and develops within society and is often used as a consideration in deciding cases related to local values ​​and cultural wisdom. In the context of Padangsidimpuan society, which still strongly upholds customs and traditions, customary law often serves as a means of resolving social conflicts before they enter the formal legal realm. The research method used is empirical juridical, with data collection techniques through direct interviews with judges and document studies of several relevant court decisions. The results indicate that most judges at the Padangsidimpuan District Court view customary law as a complementary instrument to positive law, particularly in minor criminal cases with social and familial dimensions. Judges strive to consider customary values ​​to achieve substantive justice, without neglecting the principle of legality and statutory provisions. However, the application of customary law cannot replace positive law in its entirety; rather, it serves as a moral and social value that strengthens the community's sense of justice.

This study delves into the philosophical foundations of natural law, contrasting the irrational theories of Thomas Aquinas with the rational perspectives of Hugo Grotius and Immanuel Kant, examining their relevance within Indonesia’s deeply religious and pluralistic context. Aquinas argues that natural law is divinely ordained and serves as a universal moral guide, where law and morality are intrinsically linked. On the other hand, Grotius proposes that while natural law originates from divine will, human reason enables individuals to comprehend it, even without divine revelation. Kant’s philosophy shifts the focus to moral autonomy and the freedom of individuals, emphasizing that legitimate law must be based on principles of universal morality that respect human dignity. In the context of Indonesia, with its diverse religious landscape, integrating these philosophical ideas provides a balanced approach to the interaction between secular law, religious teachings, and moral values. The research adopts a juridical-normative methodology with a conceptual and legislative approach, analyzing secondary legal sources to explore how natural law influences Indonesia's legal system. The findings indicate that while Indonesia's legal system primarily follows positive law, it would benefit from incorporating the moral and spiritual aspects derived from natural law theory. The study concludes that Indonesia’s legal system can achieve a more substantive form of justice by integrating the principles of Aquinas, Grotius, and Kant, thus ensuring a more harmonious blend of legal certainty, moral integrity, and religious principles in the country’s laws.  

The enforcement of civil court judgments in Indonesia frequently encounters obstacles due to parties’ bad faith conduct, such as covert asset transfers or groundless resistance to execution. Although the principle of good faith is a foundational tenet in civil law, its application in the enforcement phase remains inconsistent. This study examines the concept and legal status of the good faith principle in Indonesian positive law concerning civil judgment enforcement and analyzes the legal consequences of its violation. A normative juridical method is employed, utilizing library-based research on primary and secondary legal sources. The findings reveal that while good faith is recognized in substantive civil law, it has not been explicitly incorporated into civil procedural law. Consequently, bad faith actions during enforcement rarely incur clear procedural sanctions. Theoretically, this underscores the need to integrate ethical principles into civil procedure doctrine; practically, it calls for regulatory reforms to embed good faith as a binding procedural obligation in judgment enforcement.

The rapid development of artificial intelligence technology, particularly deepfake, poses significant challenges to legal protection due to its potential misuse for identity manipulation, defamation, and other cybercrimes. This phenomenon highlights a gap between technological advancement and the readiness of legal regulations in Indonesia. This study aims to analyze forms of deepfake misuse and to assess the effectiveness of existing legal frameworks in providing legal protection and certainty. The research employs a normative legal method using statutory and conceptual approaches by examining legislation, legal doctrines, and relevant scholarly literature. The findings indicate that Indonesian positive law does not yet specifically regulate deepfake technology, resulting in law enforcement relying on general provisions of criminal law and the Electronic Information and Transactions Law. The implications of this study emphasize the urgency of regulatory reform and the formulation of adaptive legal policies to address digital technological developments in order to ensure legal protection and justice for society.

This Study analyzes the fulfillment of dowry requirements as mutamawwal property according to KHI Articles 30-38 and assesses the suitability of crypto assets as dowry under the positive law regime of the Marriage Law, including its implications for the protection of wives’ rights and legal certainty in the digital era. The research employs a qualititative method with a normative juridical approach through literature study of primary sources (the Qur’an, hadith, KHI, Law No. 1 of 1974, Bappebti and OJK regulations, an MUI fatwas) and secondary sources comparising journals, theses, and dissertations on crypto dowry and maqasid syariah, analyzed descriptively-analitycally and comparatively bertween Islamic law and positive law. The findings that demonstrate that normatively, crypto assets can be classified as valuable property within the KHI framework provided they meet the following criteria: possessing economic value, having clear specifications regarding type and amount, being transferable through legal mechanisms (such as gifts or wallet transfers), and being mutually agreed upon by boh parties. Consequently, they are valid as dowry with the value determined at the time of the marriage contract to minimize the impact or price volatility. However, it still poses potential value disputes, necessitating the strengthening of administrative guidelines at the KUA (office of Religious Affairs) and the enhancement of digital forensic capacty in Religious Courts. The study recommends further harmonization among the KHI, crypto asset regulations, and religious fatwas through the development of technical guidelines for crypto dowries oriented toward mashlahah and the protection of wives’ rights in the 4.0 era.

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

This research examines the effectiveness of narcotics crime investigation by the Narcotics Investigation Unit (Satuan Reserse Narkoba) from the perspective of Indonesia's Criminal Procedure Code (KUHAP) and related legislation. The study also analyzes the juridical-normative obstacles encountered during investigation processes, along with potential solutions under Indonesian positive law. As an extraordinary crime, narcotics offenses require precise and legally sound investigation methods. However, investigative practices often face challenges due to inconsistencies between legal norms and field implementation, limited resources, and the absence of clear regulations on special investigative techniques such as wiretapping and controlled delivery. This normative legal research employs statutory and conceptual approaches, analyzing primary legal materials including Law Number 8 of 1981 (KUHAP), Law Number 35 of 2009 on Narcotics, and various implementing regulations. The findings indicate that narcotics investigations are not yet optimal due to weak technical regulations, disharmonized laws between KUHAP and the Narcotics Law, overlapping authority between the Police and the National Narcotics Agency (BNN), and a lack of protection for whistleblowers and witnesses. The legal gap in regulating special investigation methods creates uncertainty in evidence admissibility. Proposed solutions include regulatory reform through KUHAP revision, improving investigator competence through specialized training, utilizing modern technology, strengthening inter-agency coordination, and enhancing internal and external oversight mechanisms. Legal reform and institutional synergy are essential to enhancing the overall effectiveness of narcotics investigations in Indonesia.

This research analyzes the legal status of zakat within the state financial system and explores its potential integration as a sharia-based fiscal instrument in Indonesia through a comparative study with Malaysia. In Islamic law, zakat functions both as a religious obligation and as a mechanism for wealth redistribution aimed at achieving social justice. However, under Indonesia’s positive law framework, zakat is still treated as a socio-religious institution outside the formal state fiscal system, as stipulated in Law Number 23 of 2011 on Zakat Management. In contrast, Malaysia has successfully integrated zakat into its Islamic fiscal policy through the authority of the State Islamic Religious Council (MAIN), which holds legal legitimacy as a regional public body. This study adopts a normative and comparative legal approach by examining statutory regulations, Islamic legal doctrines, and zakat institutional practices in both countries. The findings indicate that the integration of zakat into Indonesia’s fiscal system is constitutionally permissible and does not conflict with Article 23A and Article 34 paragraph (1) of the 1945 Constitution, as it aligns with welfare state principles and the state’s responsibility toward poverty alleviation. The legal implications of such integration include the establishment of lex specialis regulating zakat as a sharia fiscal instrument, harmonization with state finance laws, and the strengthening of institutional legitimacy and accountability in zakat management. Therefore, zakat holds significant potential to become a core pillar of Islamic economic law that supports economic equity and enhances national fiscal resilience.