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

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

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

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

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

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

Shinta Chintya Fella; Syaifulah Yophi Ardiyanto; Tengku Arif Hidayat

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

The legal arrangement of cannabis in Indonesia is based on Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia which guarantees the right to health services, elaborated through Law Number 35 of 2009 concerning Narcotics and Law Number 17 of 2023 concerning Health. Cannabis is classified as a Group I narcotic prohibited for health services under Article 8 paragraph (1) of Law Number 35 of 2009, while Article 139 of Law Number 17 of 2023 requires that the use of medicines containing narcotics may only be carried out based on a prescription from medical personnel. At the same time, Canada through the Cannabis Act (S.C. 2018, c. 16) and Uruguay through Ley No. 19.172 (2013) apply fundamentally different legal arrangements for cannabis. This research uses normative legal research methods with a comparative law approach, applying the criminal policy framework of Marc Ancel and the law enforcement theory of Joseph Goldstein. The results show: (1) cannabis arrangement in Indonesia is prohibitive through Article 8 paragraph (1) of Law Number 35 of 2009, while Article 6 paragraph (3) opens a mechanism for reclassification through Ministerial Regulation; (2) Canada through the Cannabis Act applies a regulated market model with a CAD 11.4 billion legal industry and a 70% reduction in arrests, while Uruguay through Ley No. 19.172 applies a state monopoly with an 85% reduction in arrests without an increase in problematic use; (3) fundamental differences in legal systems, political systems, socio-cultural backgrounds, religion, and narcotics policy philosophy mean that the Canadian and Uruguayan models are not relevant to be directly applied in the Indonesian criminal law system.

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.

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.

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

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

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

Muhammad Rayyan Aulia; Teuku Muttaqin Mansur; Nurdin MH

IJLS (International Journal of Law and Society) 2026 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study examines the effectiveness of mediation in resolving divorce cases at the Banda Aceh Sharia Court and the Jantho Sharia Court based on Supreme Court Regulation No. 1 of 2016. This study aims to analyze the implementation of mediation, identify factors influencing its effectiveness, and determine efforts to improve the effectiveness of mediation in divorce cases. The method used is a legal-empirical approach with a qualitative methodology through interviews and literature review. The research results indicate that the implementation of mediation has been in accordance with the provisions of Supreme Court Regulation No. 1 of 2016; however, its success rate remains low, rendering it ineffective. Factors influencing the effectiveness of mediation include the mediator’s competence, the parties’ strong desire to divorce, prolonged domestic conflicts, and the influence of religious figures within the community. Efforts to improve the effectiveness of mediation are carried out by enhancing the competence of mediators, educating the parties on the benefits of mediation, and optimizing the mediation process within the Sharia Court.

Karenina Fernandya

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

Marriage is one of the fundamental institutions in Indonesian law, regulated through Law Number 1 of 1974 concerning Marriage as subsequently amended by Law Number 16 of 2019. The practice of polygamy in Indonesia is not absolutely prohibited, yet it is subject to strict requirements, including obtaining prior permission from the Religious Court and consent from the existing wife or wives. The absence of such permission constitutes a serious violation of marital law. This study examines the juridical review of polygamy without permission under Indonesian marriage law, focusing on the high-profile case of Ahmad Dhani and Maia Estianty. Using a normative legal research method with a statutory and case study approach, this paper analyzes the legal basis of polygamy regulation, the legal consequences of unauthorized polygamy, and the legal remedies available to aggrieved parties. The findings indicate that Ahmad Dhani's marriage to Mulan Jameela without obtaining permission from the Religious Court and without the consent of his first wife, Maia Estianty, constituted an unlawful act under Indonesian marriage law. Such unauthorized polygamy renders the second marriage legally defective and potentially voidable. Furthermore, the aggrieved wife has the legal right to file for divorce and claim compensation under applicable civil law provisions. This study also reveals systemic weaknesses in the enforcement of polygamy regulations in Indonesia, particularly the lack of effective sanctions against violators. Recommendations are directed at legislative reform to strengthen existing provisions and enhance judicial oversight of polygamous marriages in Indonesia.

Putu Andika Putra Diartawan

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

Awig-Awig (traditional customary law) is a form of written customary law that exists and continues to develop within indigenous communities, particularly in Bali and Lombok. As part of Indonesia's pluralistic legal system, Awig-Awig plays a significant role in regulating social order, maintaining harmony, governing inter-community relations, and preserving local cultural and religious values. This study aims to examine the existence of Awig-Awig as a binding source of law within indigenous communities, as well as to analyze its relationship with the national legal system. The methods used in this research include juridical-normative and sociological approaches, supported by case studies conducted in several indigenous villages in Bali and Lombok. The results show that Awig-Awig remains highly relevant, respected, and effectively implemented as a community guideline. However, harmonization with state law is necessary to prevent potential norm conflicts and ensure legal certainty. These findings highlight the importance of formal recognition, protection, and integration of customary law within Indonesia’s national legal framework.

Panji Lanjuardi; Bahrul Ulu; Hermanto Harun; Abdul Halim

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

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.

Ika Yulianti Fitri Rambe; Nur Ikhwan; Anggi Sri Haryati Simarmata

Perspektif Administrasi Publik dan hukum 2026 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Digital evolution in the pattern of social interaction of the community also has a significant influence on the dynamics of the national judicial system. The transformation covers all judicial sectors, both religious and public, especially related to the technique of presenting evidence in the litigation process. This research is carried out with normative legal methods and is descriptive analytical. The author utilizes secondary data obtained through library search, which is then processed with qualitative normative analysis techniques. The legitimacy of screenshots as evidence has been explicitly regulated in applicable regulations. Referring to the renewal of the ITE Law in Law Number 1 of 2024, Article 5 paragraph (1) affirms that electronic information and its printed results are recognized as valid evidence before the law. This study shows that normatively, screenshots have a strong legal position in the civil system. However, in the reality of the trial, this instrument is positioned as a free evidence (vrij bewijs), which means that the weight of the evidence is not absolute and depends on the judge's evaluation and conviction.

Megi Primagara

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

This study explores how young legislative candidates at the local level utilize Instagram as a campaign medium in the era of political digitalism. The focus is on two DPRD candidates in Tangerang City during the 2024 election in Electoral District 3 (Cipondoh–Pinang): Muhamad Azka Nur Fauzi from the National Mandate Party and Ashma Nafilah Maulida from the Prosperous Justice Party. Employing a qualitative descriptive approach and in-depth interviews with key informants, this research analyzes their personal branding strategies using Peter Montoya’s eight laws of personal branding.  The findings reveal that despite their relatively small number of followers, both candidates successfully built authentic and community-relevant political images. MANF emphasized UMKM development and religiosity, aligning with his personal background, while ANM highlighted humanistic social programs and her unique writing hobby. Nevertheless, both still showed weaknesses in several of Montoya’s principles, particularly distinctiveness and visibility consistency. The study concludes that Instagram is not merely a low-cost promotional tool but a strategic platform for local candidates to foster public trust, provided their personal branding remains authentic, consistent, and responsive to local needs.

Arsyan Radifan; Aulia Rahmawati; Farhat Aji Furqon; Muhammad Fauzaan Adji Lesmana; Nurul A'ini +2 more

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

The era of digital disruption has given birth to the phenomenon of post-truth and massive disinformation, which triggers sharp political polarization on social media, thereby threatening democratic stability and social integration in Indonesia. This study aims to analyze the effectiveness of implementing Islamic political ethics (Siyasah Syar’iyah) and the transformation of Tabayyun values as instruments for mitigating information disorder in the digital public sphere. The rationale for this research is the urgent need for a robust ethical framework to complement technical-secular digital literacy, which has been deemed insufficient in curbing emotional sentiments and religious hoaxes. The research method employed is qualitative with a library research approach, integrating various contemporary scientific references from the last five years (2020-2025). The research findings indicate that Islamic political ethics offers a holistic solution through the reconstruction of transcendental values in cyberspace activities. The main finding (novelty) of this research is the "Cyber Activism Based on Amar Ma’ruf Nahi Munkar" model, which synergizes the role of Islamic Religious Education (PAI), revelation-based media literacy, and moderate-characterized digital leadership. This model transforms netizens from mere information consumers into agents of "Digital Piety" who actively produce counter-narratives to create a civilized and integrated digital ecosystem.

Ismed Batubara; Rini Novita; Dhani DS Hasibuan; Hengky Syahyunan; Indra Fajar

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

This study aims to examine the influence of local wisdom as a living law on personal data protection behavior, as well as assess the role of Islamic law ethics and digital literacy in the context of intimate digital crime in Indonesia. The background of this research is based on the increasing cases of misuse of personal data in the digital space that have not been fully responded to effectively through formal legal approaches. The method used a quantitative approach with a correlational explanatory design. Data were obtained through the distribution of a questionnaire based on the Likert scale to 150 respondents who were selected purposively, then analyzed using descriptive statistics, Pearson correlation, and simple linear regression. The results showed that local wisdom of alwasliyahan had a positive and significant influence on personal data protection behavior (β = 0.42; p < 0.05). Islamic legal ethics serve as a mediating variable that strengthens the relationship, while digital literacy provides a positive influence at a moderate level. These findings show that the internalization religious and cultural values plays an important role in shaping individual awareness and behavior in protecting personal data in the digital era. The conclusion of this study emphasizes that local wisdom can function effectively as a living law in supporting the protection of personal data. This research makes theoretical contribution the development of the study of Islamic law and the sociology of law, as well as practical implications for policy formulation that integrates formal regulations, cultural values, and digital literacy.

Dian Anggraini Sihombing; Muhammad Hizbullah

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2026 Lembaga Pengembangan Kinerja Dosen

Marriage in Islam is not only a civil bond, but also a very strong bond (mitsaqan ghalidzan) to obey Allah's commands and carry it out as worship. The purpose of marriage in Islam is to fulfill religious guidance in order to establish a harmonious, prosperous and happy family, where the relationship between husband and wife is in a strong bond in accordance with the commands of Allah SWT. The purpose of this study is to analyze the legal provisions regarding marriage dispensation, analyze the judge's legal considerations in Decree Number 46 / Pdt.P / 2024 / PA.Lpk., and analyze the implementation of the principle of the best interests of children in determining marriage dispensation at the Lubuk Pakam Religious Court. The research method used is normative juridical legal research with a document study approach to laws and court decisions. Data sources consist of primary data obtained through interviews with judges, clerks, and religious figures, as well as secondary data in the form of primary, secondary, and tertiary legal materials. The data analysis technique uses qualitative analysis. The results of the study show that: Legal provisions regarding marriage dispensation are regulated in Article 7 of Law Number 16 of 2019 which sets the minimum age limit for marriage at 19 years for men and women, with exceptions where dispensation can be requested from the Court for urgent reasons. Supreme Court Regulation Number 5 of 2019 regulates the procedure for examining marriage dispensation cases which requires the judge to listen to the child's statement, verify the absence of coercion, and consider the best interests of the child. The judge's legal considerations in Decision Number 46/Pdt.P/2024/PA.Lpk. have fulfilled formal requirements by considering the authority to adjudicate, the applicant's legal standing, the reasons for the request in the form of a very close relationship, the absence of coercion, the absence of obstacles to marriage, and the economic readiness of the prospective husband. The implementation of the principle of the best interests of the child has been carried out through providing advice on the risks of child marriage, listening to the child's opinions, and suggesting marriage postponement, although there are still limitations such as the lack of referrals to psychologists and minimal consideration of continuing education. The conclusion of this study is that the Lubuk Pakam Religious Court has implemented the provisions of marriage dispensation in accordance with applicable laws and regulations. The judge's legal considerations in Decree Number 46/Pdt.P/2024/PA.Lpk have fulfilled the formal and material aspects, however, the implementation of the principle of the best interests of the child still faces challenges from the normative, institutional, and socio-cultural aspects.

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

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

From the perspective of criminal liability theory, criminal policy, and Islamic law, sexual gratification is a form of corruption. According to positive criminal law, a person can only be held liable when three essential elements are fulfilled: an unlawful act, culpability (dolus or culpa), and the capacity for responsibility. However, in the context of public office, sexual gratification constitutes an unlawful act because it involves the acceptance of non-fina. Since the acceptance of sexual services within a power relationship usually indicates awareness of reciprocal policy gains, purpose (dolus) is frequently dominating. From the perspective of criminal policy, the restriction of sexual gratification reflects the growth of corruption as a white collar crime—a term coined by Edwin H. Sutherland—where abuse of power encompasses intangible rewards in addition to monetary transfers. According to Islamic law, sexual enjoyment constitutes two violations: it may be considered risywah (bribery) because of its transactional motive, and it may also be considered jarimah zina if it takes place outside of a legally recognized marriage. Such behaviors compromise the protection of property, ancestry, and religion through the framework of maqāṣid al-sharī‘ah developed by Abu Ishaq al-Shatibi in Al-Muwafaqat. The study comes to the conclusion that in order to guarantee accountability, protect public integrity, and promote social welfare, it is imperative to develop legal interpretation and evidential procedures.

Maskur Maskur; Indra Kertati; Charis Christiani

International Journal of Social Science and Humanity 2026 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the implementation of the Minimum Service Standards (SPM) for education administration in MTsN Batang, identify supporting and inhibiting factors, and formulate recommendations for service improvement. The study used a mixed-methods design with an evaluative approach to the CIPP model. Quantitative data were collected through questionnaires from 60 respondents, while qualitative data were collected through in-depth interviews and observations. Quantitative data were analyzed using descriptive statistics and Kruskal-Wallis tests, while qualitative data were analyzed using Miles and Huberman's thematic analysis. The study found that SPM implementation reached 72%, with the highest achievement in student administration (85%) and the lowest in financial administration (58%). The Kruskal-Wallis test showed a significant difference in perception between groups (p=0.032). The thematic analysis identified three themes: digitization of services, human resource capacity, and transparency of accountability. The implications of the research show the need to increase human resource capacity, optimize management information systems, and strengthen coordination with the Ministry of Religion.

Livia Naomi Rigawara

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

The phenomenon of mafqud (missing heirs) creates complex legal issues within Islamic inheritance law, particularly regarding the realization of justice and legal certainty in the distribution of estate assets. This study examines the legal position of mafqud as a temporary impediment in inheritance allocation and analyzes the procedural mechanisms applied by religious courts in determining mafqud status. Employing a normative juridical method, this research relies on primary legal materials, including the Qur’an, Hadith, classical fiqh references, and relevant judicial decisions, supported by secondary materials such as academic books and scholarly journals. The findings indicate that mafqud serves as a temporary barrier to inheritance distribution, requiring careful judicial assessment to ensure the protection of all heirs’ rights while remaining consistent with Islamic legal principles and the applicable national legal system. Therefore, structured and systematic procedures implemented by religious courts play an essential role in guaranteeing both justice and legal certainty in inheritance disputes involving mafqud.

Taufik Nurmandia; Risnita Risnita; Yuliatin Yuliatin; Abdul Halim

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

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

Nabila Aida Farhana Lubdin; Arief Suryono

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

Divorce gives rise to various legal consequences relating to the status of the parties, marital property, and the rights and obligations toward children, thereby requiring a legal mechanism that ensures legal certainty, justice, and legal protection. In practice, the parties often express their intention to divorce in the form of a Pre-Divorce Agreement Deed drawn up before a notary. This study aims to analyze the legal standing and evidentiary strength of a Pre-Divorce Agreement Deed as evidence in divorce cases decided by default judgment (verstek). The research employs a normative juridical method with a statutory approach and a case approach, focusing on the Decision of the Ngawi Religious Court Number 425/Pdt.G/2023, through a literature review of primary and secondary legal materials. The findings indicate that a Pre-Divorce Agreement Deed executed in the form of a notarial deed constitutes an authentic deed with perfect evidentiary value as written evidence in divorce proceedings. Although it cannot directly result in the dissolution of marriage, the deed is relevant to prove the existence of an agreement between the parties and the condition of a marital relationship that has irretrievably broken down. In cases decided by default judgment, the deed becomes an important basis for judicial consideration in granting the divorce petition. The implications of this study emphasize that a Pre-Divorce Agreement Deed may be lawfully and proportionately used as evidence to support the proof of grounds for divorce and to realize legal certainty in judicial proceedings.