Al-Ishlah: Jurnal Ilmiah Hukum is a scientific publication published every December – May and June – November. The published article is the result of selection with a double-blind review system. Al-Ishlah: Jurnal Ilmiah Hukum accepts manuscripts in the form of empirical research results, doctrinal studies, conceptual ideas, and book reviews relevant to the Legal Studies Discipline. In addition, the Editor of Al-Ishlah: Jurnal Ilmiah Hukum processes manuscripts that have never been published before.
Fakultas Hukum, Universitas Muslim Indonesia
Judges’ Legal Reasoning in Determining the Success or Failure of Diversion in Juvenile Justice: A Normative Analysis of Indonesian Court Decisions
This study examines judges’ legal reasoning in determining the success or failure of diversion in juvenile cases within Indonesia’s Juvenile Criminal Justice System. Using a normative juridical approach with a doctrinal character, the research analyzes statutory provisions under Law Number 11 of 2012 and selected district court decisions that reflect diverse diversion outcomes. The findings reveal that although diversion is an imperative legal mandate, its implementation varies significantly in judicial practice. Diversion may succeed substantively when judges actively facilitate restorative dialogue and involve probation officers effectively, but it may fail when reduced to procedural formality or financial compensation negotiations. The study also identifies instances where diversion is entirely omitted despite meeting normative requirements, reflecting a persistent retributive bias in juvenile adjudication. These inconsistencies demonstrate that diversion outcomes are strongly influenced by judicial discretion, victim willingness, socio-economic factors, and the availability of non-material restoration mechanisms. The study concludes that diversion must be reinforced as a substantive right of the child rather than a mere administrative obligation. Strengthening judicial guidelines, enhancing probation services, and promoting restorative justice-oriented judicial training are essential to ensure consistent, child-centered, and restorative diversion practices
Copyright (c) 2025 Anwar Dahlan, Muhammad Rinaldy Bima, Hardianto Djanggih https://creativecommons.org/licenses/by/4.0
Legal Protection for BPJS (Social Security Administrating Body) Participants in Health Services
This study aims to analyze the legal protection afforded to BPJS Health participants in healthcare services, particularly inpatient services at Andi Makkasau Regional General Hospital, Parepare, by examining the conformity between legal norms and service practices in the field. The research employs an empirical method with a qualitative approach through interviews and literature review of relevant laws and regulations. The findings indicate that the rights and obligations of BPJS Health participants have a strong legal basis, primarily grounded in the National Social Security System Act and BPJS Health Regulation Number 1 of 2014, and have generally been implemented in accordance with applicable provisions, including services based on treatment class, medical indications, and the guarantee of emergency services without additional charges. Existing problems faced by BPJS participants include limited facilities, complex administrative procedures, and low levels of participant understanding of the tiered service mechanism, which give rise to perceptions of unequal treatment. This study concludes that legal protection for BPJS Health participants must continue to be strengthened through improvements in service quality, administrative simplification, and enhanced education and supervision to ensure that the fulfillment of the right to health services can be realized in a fair and dignified manner
Copyright (c) 2025 Andy Reza Alfathan, Abd Rahman, Ilham Abbas https://creativecommons.org/licenses/by/4.0
Detention of Children by Public Prosecutors in General Criminal Cases: A Case Study of the Buton District Prosecutor’s Office
This study examines the practice of child detention by the Public Prosecutor in general criminal cases at the Buton District Prosecutor’s Office, focusing on its conformity with the principles of ultimum remedium and the best interests of the child as mandated by the Juvenile Criminal Justice System Law (UU SPPA). Although the legal framework emphasizes that detention should only be applied as a last resort, empirical findings indicate a tendency toward overuse: from 47 child cases handled between 2020 and 2025, 41 children were detained while only 6 were not. The majority of cases involved theft, violence, narcotics offences, and sexual crimes. Survey data show that 90% of respondents perceived detention as “effective,” reflecting a preference for legal certainty and public order rather than rehabilitation and restorative justice. The study identifies three key factors contributing to this pattern: limited understanding of restorative justice principles, structural constraints such as inadequate child-specific detention facilities and inconsistent inter-agency coordination, and cultural pressures from society and the media that encourage punitive approaches. The findings highlight a significant disparity between normative child protection standards and prosecutorial practices. Strengthening restorative justice, expanding non-custodial measures, improving infrastructure, and enhancing institutional coordination are crucial for aligning detention practices with child protection principles
Copyright (c) 2025 Budi Hermansyah, Hambali Thalib, Abdul Qahar https://creativecommons.org/licenses/by/4.0
The Legal Status of Fingerprints as Indicative Evidence in the Investigation of Murder Cases
This study examines the position and obstacles in the use of fingerprints (dactyloscopy) as evidence in the investigation of murder cases within the jurisdiction of the Bone District Police. Drawing upon Soerjono Soekanto’s theory of law enforcement and the provisions of the Indonesian Criminal Procedure Code (KUHAP), fingerprints are positioned as indicative evidence as well as expert testimony capable of scientifically linking the perpetrator, victim, and criminal event at the crime scene. The research employs an empirical (socio-legal) approach through field observations, case-file studies, and interviews with investigators, fingerprint experts, and related parties, complemented by normative analysis of legislation and relevant literature. The findings indicate that fingerprints possess strong probative value and function as a scientific backbone of evidence, particularly with the support of the INAFIS system and biometric databases. However, their effectiveness is often hindered by the absence of specific regulations on dactyloscopy, limited facilities and infrastructure, uneven technical competence among investigators, the suboptimal biometric database, and crime-scene contamination caused by community, weather, and environmental factors. The study concludes that strengthening regulations, enhancing investigators’ capacity, improving forensic infrastructure, and increasing public legal awareness are essential to optimize the role of dactyloscopy and prevent error in persona in criminal law enforcement
Copyright (c) 2025 Lisa Meiriska, Mulyati Pawennei, Aan Aswari https://creativecommons.org/licenses/by/4.0
The Effectiveness of Implementing Criminal Sanctions as the Last Resort (Ultimum Remedium Principle) in Excise Crimes as an Effort to Recover State Revenue Losses
The application of the ultimum remedium principle in excise-related criminal acts, particularly in the tobacco product sector, reflects a shift towards a more proportional and restorative approach in Indonesian criminal policy. This principle prioritizes administrative and civil measures before resorting to criminal sanctions, aiming to balance law enforcement objectives with economic stability and business sustainability. In the context of tobacco excise, the ultimum remedium approach has been utilized to minimize the negative impacts of excessive criminalization on the national economy, especially on the tobacco industry which significantly contributes to state revenue and regional employment. By implementing administrative sanctions, such as fines or permit revocations, as initial enforcement measures, law enforcement authorities can provide an opportunity for compliance improvement without immediately imposing imprisonment. However, in cases of repeated violations or severe breaches, criminal sanctions remain applicable as a deterrent. This approach aligns with restorative justice principles and supports the optimization of tax revenue collection while preserving fairness and legal certainty. The study underscores that the success of applying the ultimum remedium principle depends on clear regulatory frameworks, consistent enforcement, and inter-agency coordination. Ultimately, this policy serves as a strategic instrument in harmonizing fiscal policy, legal enforcement, and socio-economic interests within Indonesia’s excise regime
Copyright (c) 2025 David Munsir, A. Muin Fahmal, Kamri Ahmad https://creativecommons.org/licenses/by/4.0
The Legal Status and Authority of the Interim President Director of the Regional Public Corporation for Water Utility of Makassar City
The appointment of an Interim Director in the Regional-Owned Enterprise (ROE), notably a Regional Public Corporation for Water Utility in a crisis, often gives rise to juridical discourse concerning the scope of his or her authority, especially in making strategic policy decisions such as personnel restructuring. This normative legal research aims to analyze the validity of the appointment of the Interim President Director of the Regional Public Corporation for Water Utility of Makassar City, determine the legal regime governing the authority vested in this position, and assess the legality of the implemented personnel restructuring policy. Employing statute and conceptual approaches, this research examines various regulations related to ROEs, manpower law, and state administrative law. The analysis results indicate that the appointment of the Interim President Director by the Mayor of Makassar as the Capital Owner’s Authorized Representative amidst a total vacuum in the company’s organs has a strong juridical foundation. Furthermore, the authority of an Interim Director of the ROE is predominantly subject to the corporate law regime and sectoral ROE regulations, not to state civil service administrative norms, thereby granting authority equivalent to that of a definitive board of directors as stipulated in relevant regional regulations. Consequently, personnel restructuring policies, including non-renewal of employment contracts and termination of employment relations based on evaluations and company efficiency, are lawful and fall within the scope of the Interim President Director’s authority, provided they are implemented by applicable manpower law procedures and ROE regulations. This research provides juridical clarification to foster a more comprehensive legal understanding of the authority of an Interim Director of the ROE.
Copyright (c) 2025 Abd. Kahar Muzakkir, La Ode Husen
Legal Consequences of a Bankruptcy Decision for a Limited Liability Company in Liquidation: A Case Study of Decision Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst
This research aims to analyze the juridical validity of filing a bankruptcy petition against a State-Owned Company in liquidation and the legal consequences of a bankruptcy decision in such a context, based on a study of Decision Number 34/Pdt.Sus-Pailit/2024/PN Niaga Jkt.Pst. Employing a normative legal research method with a case study approach and qualitative-descriptive analysis of primary and secondary legal materials, this study finds that a State-Owned Company in liquidation retains its capacity as a debtor legal subject and can be declared bankrupt if the requirements under Law Number 37 of 2004 are met, particularly concerning the existence of at least two creditors and one payable that is due and simply collectible. The primary legal consequence of a bankruptcy decision in such a situation is the immediate cessation of the liquidation process previously conducted under Law Number 40 of 2007, accompanied by the complete transfer of authority for the management and settlement of the bankruptcy estate from the Liquidator team to the Curator appointed by the Commercial Court. This case study affirms that the bankruptcy mechanism can be legitimately applied to a State-Owned Company in liquidation, implying the supremacy of the Law Number 37 of 2004 regime to realize optimal collective protection for creditors.
Copyright (c) 2025 Yofi Permatasari, Gunardi Lie
The Role of Husband with Disabilities in Providing for the Family through the Act of Begging: An Islamic Law Perspective
This research examines the phenomenon of husbands with disabilities who provide for their families through the act of begging in Sidorejo Hilir Urban Village from the perspective of Islamic law. The main objective of this research is to analyze the practice of husbands with disabilities fulfilling financial support obligations and to explore the local community’s views on this phenomenon. This research uses a juridical-empirical approach with a qualitative method. Primary data were obtained through in-depth interviews with four husbands with disabilities and several residents and community leaders. Secondary data were collected from a literature study of Islamic legal sources, such as the Qur’an, Hadith, and books of fiqh (Islamic jurisprudence). The results showed that physical limitations and barriers to access to decent work forced husbands with disabilities to beg in order to fulfil their family financial support obligations. From Islamic law’s perspective, begging can be justified due to the condition of dharuriyyat (necessity), although this permissibility is temporary and situational. The Sidorejo Hilir Urban Village community shows various views, ranging from empathy and tolerance to criticism that emphasizes the importance of independence. This research concludes that the condition of dharuriyyat justifies begging as an exception to the general rule while still prioritizing the principle of izzah (self-dignity). The implication of this research is the need for strategic steps, especially from the government and related institutions, to create inclusive economic empowerment programs for persons with disabilities so that they can escape the condition of dharuriyyat and fulfil their financial support obligations more dignifiedly.
Copyright (c) 2025 Nurul Adilla, Abd. Mukhsin
Judicial Discretion in Sentencing Perpetrators of Aggravated Assault: An Analysis of Decision Number 221/Pid.B/2024/PN Rhl
This research aims to analyze judicial discretion in sentencing perpetrators of aggravated assault resulting in serious bodily injury. The research method employed is normative legal research with a statute approach and a case study approach, which is analyzed qualitatively through content analysis. The results show that the defendant was charged alternatively with a primary indictment of attempted murder, a subsidiary indictment of aggravated assault resulting in serious bodily injury, and a lesser subsidiary indictment of simple assault. The charges by the Public Prosecutor were in line with the subsidiary indictment of aggravated assault resulting in serious bodily injury as supported by the Visum et Repertum. Conversely, the judge’s verdict, based on the lesser subsidiary indictment of simple assault, emphasizes judicial discretion. Judicial discretion is an effort to balance the enforcement of positive law and the achievement of substantive justice by considering the values that live in society (living law). The decision reflects the struggle between formal legality and contextual substantive justice. Therefore, more precise guidelines are needed regarding the limits and parameters of judicial discretion, especially in cases that intersect with living law. Improving the quality of the Visum et Repertum and strengthening judges’ capacity to understand living law are also important to strive for in order to achieve a responsive and just judicial system.
Copyright (c) 2024 Ferdiansyah Ferdiansyah, Kusno Kusno, Ahmad Ansyari Siregar
Plantation Activities in Permanent Production Forests without a Business Permit: An Analysis of Decision Number 604/Pid.B/LH/2023/PN Rhl
This research aims to analyze Decision Number 604/Pid.B/LH/2023/PN Rhl regarding environmental crimes due to negligence in plantation activities within permanent production forest areas without a business permit. This normative legal research employs a statute approach and a case study. Data analysis uses a qualitative content analysis to describe the issues and answer the research objectives. The research results indicate that the prosecution of Defendant Turiono with alternative indictments in Decision Number 604/Pid.B/LH/2023/PN Rhl highlights the legal complexities of illegal plantations in permanent production forests. The first and second indictments were deemed inappropriate because they did not correspond to the facts and context of the case, particularly regarding the Defendant’s status as a wage labourer and the absence of mens rea. The Panel of Judges’ decision to apply Article 99 section (1) of Law Number 32 of 2009, with the element of negligence (culpa) and the principle of strict liability, was considered more appropriate, strengthening the protection of public interests and the prevention of environmental damage. This decision sets an important precedent by emphasizing the importance of considering the context and role of the perpetrator in environmental law enforcement, as well as its implications for preventing environmental crimes through permit verification and more systematic risk assessment.
Copyright (c) 2024 Juli Handoko, Sriono Sriono, Nimrot Siahaan
Custody Determination for a Child Born as a Result of Rape: A Maqashid al-Sharia Perspective
This study aimed to examine child rights and the requirements for custody determination for a child born as a result of rape based on the maqashid al-sharia perspective. This research employed a normative legal research method with the statute and comparative approaches. The collected legal materials were analyzed qualitatively to describe the problem and answer the research objectives. The results of this study indicate that maqashid al-sharia emphasizes the importance of guaranteeing hadhanah, or child custody, by considering the caregiver’s rights, the child’s rights, and the father’s or guardian’s rights. Furthermore, the Quran provides comprehensive guidance in protecting and fulfilling child rights, while the principles of maqashid al-sharia, such as hifz al-din, hifz al-nafs, hifz al-‘aql, hifz al-nasl, and hifz al-mal, serve as the foundation for fulfilling these rights. In cases of children born as a result of rape, maqashid al-sharia emphasizes the necessity of the state’s presence to protect the child through the mechanism of child custody determination through the courts, taking into account specific requirements, such as the age, health, and good conduct of the prospective guardian, to ensure proper care and the fulfilment of the child’s rights. Therefore, it is recommended that various parties, including the government, judges, and prospective guardians, synergize in protecting and fulfilling the rights of children born as a result of rape by the principles of maqashid al-sharia.
Copyright (c) 2024 Muhammad Aulia Firdaus, Iwan Iwan
Law Enforcement against Perpetrators of Child Grooming Sexual Abuse at the Tebing Tinggi Police Resort: An Islamic Criminal Law Perspective
This study aims to identify cases of child grooming sexual abuse in Tebing Tinggi City, identify the types of sanctions that can be imposed on groomers from the perspective of Islamic criminal law, and examine the law enforcement efforts undertaken by the Tebing Tinggi Police Resort in handling these cases. This research employs a mixed-methods approach, combining field research and normative legal analysis. The collected data is then analyzed qualitatively to describe the issue and address the research objectives. The results show that child grooming cases at the Tebing Tinggi Police Resort fluctuated throughout 2019-2024, with a significant surge of 70 cases in 2023. The standard modus operandi involves establishing an emotional relationship and trust between the groomer and the victim, which the groomer then exploits to commit sexual abuse. From the perspective of Islamic criminal law, groomers can be subjected to hadd punishment if sexual intercourse occurs or ta’zir punishment if only sexual abuse without intercourse takes place. Simultaneously, the Tebing Tinggi Police Resort has carried out its law enforcement function both repressively, through the process of investigation, inquiry, and determination of suspects based on the provisions of Law Number 8 of 1981 and Law Number 23 of 2002, and preventively, through education and outreach programs. Therefore, it is recommended that the Tebing Tinggi Police Resort, the Tebing Tinggi City Government, community institutions, religious leaders, families, and parents enhance their efforts in preventing and handling child grooming comprehensively and continuously.
Copyright (c) 2024 Anggi Ramadhani, Ramadani Ramadani
Legal Measures to Support the Process of Asset Recovery in the State-Owned Enterprises Banking Sector Post-Corruption Cases
This study aims to identify obstacles and formulate strategic measures to optimize asset recovery in the State-Owned Enterprises Banking sector post-corruption cases. This research employs a normative legal research method with a comparative approach, where the collected legal materials are analyzed qualitatively to describe the problems and answer the research objectives. The results show that asset recovery faces multidimensional challenges, including weaknesses in the legal framework, limitations in the capacity and integrity of law enforcement officers, lack of facilities and infrastructure, and efforts by the accused to avoid asset recovery. Optimizing asset recovery requires a comprehensive strategy encompassing the enactment of the Bill on Criminal Asset Forfeiture, strengthening the legal and institutional framework, enhancing the capacity and integrity of law enforcement, improving facilities and infrastructure, optimizing the civil route, and strengthening international cooperation. Therefore, it is recommended that the Government, Directors of State-Owned Enterprises Banking, the Asset Recovery Center, and law enforcement agencies undertake various optimization efforts, such as accelerating the enactment of the Bill on Criminal Asset Forfeiture, increasing the budget, strengthening corruption prevention systems, enhancing the competence of law enforcement officers, and strengthening international cooperation. Furthermore, the Public Prosecutor is expected to maximize the use of Article 18 of Law Number 31 of 1999 in indictments, enabling judges to issue optimal rulings for asset recovery in the State-Owned Enterprises Banking sector post-corruption cases.
Copyright (c) 2024 Muhammad Anzar Latifansyah, Anis Rifai, Sadino Sadino
The Challenge of a Ghoib Divorce Lawsuit: An Analysis of a Court Decision and Legal Implications in Indonesia
This research aimed to analyze the legal basis and considerations of judges in deciding ghoib divorce cases and their legal consequences for the parties involved. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that in deciding ghoib divorce cases, the Panel of Judges considered various aspects balanced, including the reasons for divorce given by the plaintiff and witness testimony. The judge made the appropriate decision by verstek, granting the ghoib divorce lawsuit and imposing talaq one ba’in sughra. The legal consequences of ghoib divorce refer to Article 119 of the Compilation of Islamic Law, which regulates talaq ba’in sughra, while Law Number 1 of 1974 and the Civil Code only regulate the legal consequences of divorce in general. Therefore, it is recommended that judges consistently adhere to the principles of justice and caution when handling ghoib divorce cases. Married couples must realize that disappearing without a trace is not a wise solution and will only complicate problem-solving. Divorce should be pursued as a last resort after all efforts to maintain the household have failed. Furthermore, the government needs to create more transparent and comprehensive rules and guidelines regarding the ghoib divorce trial process in Religious Courts to avoid legal uncertainty and ensure the protection of all parties’ rights.
Copyright (c) 2024 Arianty Anggraeny Mangarengi, Yuli Adha Hamzah, Aldifa Nanda Nursyam
Marriage Annulment Application Due to Lies and Fraud: A Case Study of Decree Number 3572/Pdt.G/2023/PA.Ckr
This study aimed to analyze the case facts of a marriage annulment application contained in Decree Number 3572/Pdt.G/2023/PA.Ckr, the causes of marriage annulment and its legal consequences. This research employed a normative legal research method with a comparative approach. The collected legal materials were analyzed qualitatively to describe the problem and answer the research objectives. The results showed that the marriage annulment application was based on solid grounds according to Law Number 1 of 1974 and the Compilation of Islamic Law. A series of lies and frauds were committed by the Respondent to the Applicant, ranging from concealing his marital status and child, falsifying the date of marriage, to providing a fake gold dowry. Nevertheless, the Applicant chose to withdraw her application and maintain her marriage. This study also reveals that a marriage can be annulled if the parties do not fulfill the pillars and conditions of marriage, with the legal consequence of severing the marital relationship. However, the law provides special protection for children born from an annulled marriage, where they are still considered legitimate children and have inheritance rights from both parents. The fundamental difference between marriage annulment and divorce lies in two crucial aspects: the wife is not entitled to iddah maintenance, and joint property is returned to its original state. Therefore, it is recommended that the Head of the Religious Affairs Office improve premarital counselling programs, Religious Court judges adhere to the principles of justice and wisdom, married couples prioritize honesty and communication, and religious figures actively provide guidance and counselling to prevent disputes that lead to marriage annulment applications.
Copyright (c) 2024 Sri Atmadianti, Mhd. Rizal
Postponement of Inheritance Distribution for Minangkabau Migrant Inheritors: A Study of Islamic Law
This research aimed to examine the practice of postponing inheritance distribution for Minangkabau migrant inheritors from Islamic law’s perspective and identify the contributing factors. The research employed a mixed-methods approach, combining field research and normative legal analysis. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results showed that postponing inheritance distribution contradicts the principles of Islamic law, which mandates that the division be carried out promptly after the testator’s death using fara’id. This delay is influenced by economic factors, customary practices that grant women a dominant role in inheritance and prioritize the preservation of high-level heirloom treasures, and the distance separating migrant inheritors from their hometowns. Nevertheless, some scholars permit postponement if it is based on considerations of family welfare, while others reject it by referring to the ijbari principle. Therefore, it is recommended that the government, Islamic scholars, Minangkabau indigenous people, and Muslim migrant inheritors enhance their understanding and awareness of Islamic inheritance law and play an active role in preventing and resolving the issue of postponed inheritance distribution, as preventing inheritors from their inheritance rights is unlawful (haram) and a major sin.
Copyright (c) 2024 M. Fathurrahman, Heri Firmansyah
The Implementation of Parental Obligations in the Fulfillment of Children’s Rights: A Case Study in Banjaran Godang Village Based on the Compilation of Islamic Law and the Child Protection Law
This research aims to examine the implementation of parental obligations in Banjaran Godang Village in fulfilling children’s rights, specifically the right to education, play, and growth and development, based on the Compilation of Islamic Law and the Child Protection Law. This study adopts a combined approach, namely qualitative with the field research method and normative, by analyzing data qualitatively to describe the problem and answer the research objectives. The results showed that implementing parental obligation in fulfilling children’s rights in Banjaran Godang Village is not fully aligned with the Compilation of Islamic Law and Child Protection Law. There is a misunderstanding among parents who consider formal education merely Sunnah and prioritize trading and farming skills, based on their interpretation of the life of the Prophet Muhammad SAW in his childhood. As a result, children’s rights to play, grow, and develop are neglected. Therefore, it is recommended that the Banjaran Godang Village Government develop a comprehensive and sustainable counseling and outreach program regarding children’s rights and parental obligations. This program should involve religious leaders to correct misunderstandings about formal education in Islam, experts in the field of child protection to provide a comprehensive understanding of children’s rights, and related institutions to optimize program implementation.
Copyright (c) 2024 Ahmad Syuqrun Ramadhan, Azwani Lubis
A Review of the ‘Urf on the Law Governing the Customary Marriage Practice of Pakake Anak Daro in the Mandailing Tribe
This research investigates the alignment of ‘urf with Islamic law in the context of the Pakake Anak Daro customary marriage among the Mandailing tribe in Singkuang Village. Adopting a mixed-method approach, the study explores the role of ‘urf within this marriage practice and its adaptation to modern times. Findings reveal that Pakake Anak Daro is a meaningful customary marriage rich in cultural values. It encompasses various processions, spanning pre-wedding, wedding, reception, and post-wedding stages, serving to strengthen cultural identity, foster social bonds, and express gratitude to Allah. The practice fulfills the ‘urf sahih (valid) criteria in Islamic law, embodying benefits, widespread acceptance, historical roots, and non-contradiction with Sharia principles. Pakake Anak Daro exemplifies the harmonious coexistence of local traditions and religious principles, contributing to Indonesia’s rich cultural tapestry. The study recommends collaboration among the Government, Religious Leaders, Customary Leaders, and Indigenous People to safeguard and promote this customary marriage as an integral part of Indonesia’s cultural heritage.
Copyright (c) 2024 Ade Irma Putri Nst, Azwani Lubis
The Crime of Body Shaming in Indonesia from the Perspective of Islamic Criminal Law
This study aims to examine the crime of body shaming in Indonesia from the perspective of Islamic criminal law. This study uses a normative legal research method with a comparative approach. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that body shaming, both verbal and non-verbal, is a reprehensible act that contradicts human values and is strictly prohibited in Islam, as emphasized in Q.S. Al-Hujurat verse 11 which prohibits acts of ridicule, reproach, and calling others by bad nicknames, and emphasizes the importance of guarding one’s tongue and using excellent and constructive words. In the legal context, body shaming falls into the category of jarimah ta’zir in Islamic criminal law and can be prosecuted under articles related to insult and defamation in positive law in Indonesia. This study recommends various preventive efforts, such as comprehensive public campaigns and education programs about the dangers of body shaming and the importance of respecting physical diversity, including integrating these values into the education curriculum and strict law enforcement. Collaboration between the government, judges, religious leaders, educators, and the community is expected to create a more inclusive environment that values everyone regardless of physical appearance.
Copyright (c) 2024 Fatimah Khairul Hakim, Sudirman Suparmin
The Legality of the Minister of Finance Letter Regarding Work Accident Compensation for Ad Hoc Election Organizers of 2019
This study aims to analyze the validity of Minister of Finance Letter Number S-316/MK.02/2019 and S-317/MK.02/2019 using a state administrative law approach. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that although the Minister of Finance Letters are valid in terms of authority, they contain procedural and material flaws. The procedural flaw stems from non-compliance with decision-making requirements, while the material flaw arises from the inconsistency of the decision’s substance with the principles of humanity, benefit, and social justice. Nevertheless, based on the principle of presumptio iustae causa, the Minister of Finance Letters are still considered valid until annulled through the state administrative court. These decisions set an unfavorable precedent in state administration as they can create legal uncertainty for ad hoc election organizers, who should receive proper protection and social security as a form of appreciation for their contributions to the democratic process. Therefore, it is recommended that the Minister of Finance conduct a comprehensive review of decision issuance procedures to ensure their compliance with Law Number 30 of 2014. The General Election Commission and the Election Supervisory Board are recommended to improve the quality of their submitted proposals by ensuring comprehensive studies, considering the principles of democratic election administration, and paying attention to the principles of social security administration. Ad hoc election organizers are recommended to always be proactive in fighting for their rights, including proper protection and social security, in accordance with applicable legislation, and not hesitate to utilize available legal mechanisms if their rights are neglected.
Copyright (c) 2024 Aqramawardana Aqramawardana
The Impact of Implementing Premarital Health Test Certificate Requirements on Unregistered Marriage Practices
This research aims to understand the impact of implementing premarital health test certificate requirements on unregistered marriage practices in Ujung Batu III Village. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that implementing premarital health test certificate requirements in Ujung Batu III Village has a complex impact on unregistered marriage practices. Although this policy aims to raise awareness about the importance of reproductive health and prevent early marriage, it has become an obstacle for some prospective couples who choose unregistered marriage. This is due to several factors, such as a lack of understanding about the importance of health tests, concerns about privacy and social stigma, conflicts between state law and religious law, and the prevalence of early marriage. Therefore, it is recommended that the Religious Affairs Office of Hutaraja Tinggi Sub-district intensify outreach and education about the importance of premarital health tests and their implications, especially for couples potentially engaging in unregistered marriage. The Ujung Batu III Village Government needs to strengthen coordination with the Religious Affairs Office and health institutions and involve community and religious leaders in disseminating the policy and providing guidance to prospective couples. Health institutions must improve the accessibility and quality of premarital health test services, including expanding the scope of examinations and providing comprehensive counseling. Community and religious leaders should play an active role in educating the public about the importance of healthy and registered marriages and help eliminate the stigma associated with health tests and early marriage. The community needs to proactively seek information about reproductive health, understand the importance of premarital health tests, and support government efforts in preventing early marriage and unregistered marriages.
Copyright (c) 2024 Alvionita Julianti, Azwani Lubis
The Role of Administrative Law in Realizing Village Autonomy Based on Local Wisdom
This study aims to analyze the role of State Administrative Law in realizing village autonomy based on local wisdom. The method used in this research was a qualitative approach with interviews, observations, and analysis of documents in some of the villages that were the subject of the study. These results show that State Administrative Law is vital in providing a foundation for villages to manage resources and development based on local potential and needs. Local wisdom is crucial for decision-making and resource management within villages, contributing to environmental sustainability and cultural preservation. The synergy between State Administrative Law and local wisdom creates effective policies that empower communities. Challenges in implementation, such as regulatory mismatches with local values, low legal literacy, and conflicts of interest, need to be addressed through legal socialization, capacity building, and collaboration. Therefore, it is recommended that the Government formulate inclusive and adaptive regulations to local wisdom and enhance human resource capacity in villages. Academics should conduct further research and provide policy recommendations. The private sector should play an active role in village economic empowerment, and village communities should actively participate in development and preserve local wisdom.
The Role of the Religious Affairs Office in Preventing Unauthorized Guardianship: Islamic Marriage Law Perspective
This research aims to examine in depth the process of examining marriage guardian administrative data and the proactive role of the Religious Affairs Office of West Medan Sub-district in preventing unauthorized guardianship. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the Religious Affairs Office of West Medan Sub-district has played a central role in ensuring the legitimacy of marriage guardians through a careful and thorough data examination process and proactive efforts in providing education and outreach to the community. Islamic legal principles, such as amar ma’ruf nahi munkar (enjoining good and forbidding evil), al-’adl (justice), hifz al-nasl (preservation of lineage), maslahah (public interest), and hisbah (accountability), serve as the philosophical and ethical foundations guiding the KUA’s role in maintaining the validity of marriages and protecting the rights of all parties involved. Nevertheless, challenges such as public ignorance, data manipulation, and administrative discrepancies require the KUA to continuously improve the capacity and professionalism of its officers, enhance the data verification system, and strengthen cross-agency coordination. Furthermore, the community must be continuously encouraged to understand the importance of legitimate guardianship and the legal consequences of unauthorized guardianship through intensive and relevant education and outreach programs. Thus, it is hoped that the KUA’s role in preventing unauthorized guardianship can be optimized, creating a more law-abiding and dignified society that upholds noble religious values in every aspect of life, including in marriage, which is the main foundation for building a sakinah, mawaddah, and warahmah (tranquil, loving, and compassionate) family.
Copyright (c) 2024 Shania Delvira, Heri Firmansyah
The Status of the People’s Tribunal in Resolving Land Disputes in the Dago Elos Community
This study aims to analyze the status of the People’s Tribunal within the context of land dispute resolution in the Dago Elos community. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that despite lacking legally binding power, the People’s Tribunal plays a crucial role in fighting for justice and giving a voice to communities who feel their rights have been neglected by the formal judicial system. In the context of the Dago Elos land dispute, the People’s Tribunal serves as a platform for the community to articulate their dissatisfaction with court decisions perceived as unjust, and to fight for recognition of their rights to land and natural resources. The People’s Tribunal also symbolizes resistance against the legacy of colonialism and encourages more responsive legal reforms. Therefore, it is recommended that law enforcement agencies consider the People’s Tribunal’s verdict as valuable input in the law enforcement process, especially in cases involving structural injustice and human rights violations. The government needs to be more responsive to the aspirations of the community and strive for agrarian legal reforms that are more just, by recognizing and protecting the rights of local communities to land and natural resources. The community is advised to continue to strengthen the role of the People’s Tribunal as an alternative means of dispute resolution and upholding justice. In addition, the community is expected to participate in the decision-making process and oversee public policies related to the management of land and natural resources to ensure that these policies benefit the wider community and are sustainable.
Copyright (c) 2024 Fajar Ardiansah Wahyu, Mundzir Tamam, Ahmad Misbakh Zainul Musthofa
Complaints by Victims of Adultery Offenses: A Comparative Study of Penal Code and Islamic Law
This study aims to comprehensively analyze the differences between the complaint system for victims of adultery in the new Penal Code and Islamic Criminal Jurisprudence. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The findings reveal fundamental differences between the two legal systems, despite a convergence in the expanded definition of adultery. The new Penal Code retains adultery as a complaint offense, allowing for the withdrawal of complaints before the trial examination begins. Conversely, Islamic Criminal Jurisprudence categorizes adultery as an ordinary offense, with complaints treated as da’wa (lawsuits) that, once proven, cannot be withdrawn due to their violation of Allah’s law. This distinction reflects a fundamental philosophical divergence between the two legal systems. The new Penal Code prioritizes protecting individual interests and providing room for reconciliation, while Islamic Criminal Jurisprudence emphasizes upholding moral values and divine justice. Therefore, it is recommended that law enforcement officers understand the philosophical differences and practical implications between the new Penal Code and Islamic Criminal Jurisprudence when handling adultery cases. Victims should understand their rights and the consequences of any legal action, including the possibility of reconciliation within the new Penal Code’s framework. Furthermore, society should enhance its understanding of both legal systems to actively participate in preventing and addressing adultery cases wisely and based on noble moral values, fostering a social environment conducive to peaceful and dignified conflict resolution.
Copyright (c) 2024 Ahmad Adanan Nasution, Mar’ie Mahfudz Harahap
National Capital Development Policy as a Strategy for Achieving Sustainable Development Goals in Indonesia
This study aims to evaluate the implementation of the Nusantara Capital development planning policy as a strategy to accelerate the achievement of the development of sustainable cities and communities. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the development of the Nusantara Capital has been strategically integrated with the SDGs. A solid legal and policy foundation has facilitated a holistic approach in planning and implementing this project, covering everything from efficient spatial organization to sustainable resource management. This policy implementation demonstrates a solid commitment to sustainable development principles, including environmentally friendly infrastructure development, social integration, and community participation. Moreover, the development of the Nusantara Capital explicitly supports the achievement of the development of cities and communities, which aims to create inclusive, safe, resilient, and sustainable urban environments. This approach ensures that development targets such as adequate housing, sustainable transportation, cultural heritage preservation, and environmental management are holistically integrated, meeting long-term objectives while addressing urbanization challenges. Therefore, it is recommended that the government should continue to strengthen policies and regulations that support sustainable development practices, ensuring transparency and accountability in every phase of development. For the private sector and industry, it is highly advisable to invest in environmentally friendly technologies and sustainable practices that support the vision of the Nusantara Capital as a model for future cities. Meanwhile, the community should be actively involved in the planning and decision-making processes to ensure that development is inclusive and meets local needs. Cooperation among all parties is essential to achieve inclusive, safe, resilient, and sustainable development goals, in line with SDG 11.
Copyright (c) 2024 Nur Azizah, M. Ghiffari Ramadhan Burhan, Irwansyah Irwansyah, Uni W. Sagena, Masjaya Masjaya
Directions for the Development of the Halal Ecosystem in Public Policy: A Study of Islamic Law and Legislation in Indonesia
This research aims to explore the direction of halal ecosystem development in public policy in Indonesia. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that implementing the halal ecosystem concept in public policy in Indonesia has had significant social and economic impacts. Legislation such as Law Number 33 of 2014 has supported establishing and developing infrastructure and the halal product certification process. Additionally, an increase in the Islamic economic literacy index indicates a growth in public awareness. In contrast, a decline in the Sharia financial inclusion index identifies challenges that must be addressed. Therefore, it is recommended that the Government continue to update and adjust legislation that supports the halal economy, ensuring that these policies are responsive to global dynamics and domestic needs. Businesses need to enhance innovation and standardize products to maintain trust and meet consumers’ evolving expectations. Educational institutions should continue to expand research and education programs that support disseminating knowledge on Islamic economics and halal practices, particularly in addressing the challenges of literacy and financial inclusion in Sharia. Finally, Religious Leaders are expected to play an active role in educating the public, guiding the community with accurate knowledge about Islamic law, and ensuring that halal practices are effectively integrated into daily life. Synergy and integrated collaboration among all parties will strengthen Indonesia’s halal ecosystem, foster innovation, and maintain the country’s position as a leader in the global halal market.
Dispute Resolution over Music Performance Contract Cancellation Due to the Effects of Controversial Actions
This research aims to analyze the category of music performance contract cancellations due to controversial actions and the forms of non-litigation dispute resolution between the event organizer and 1975. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the controversial actions of The 1975 vocalist in Malaysia, leading to the cancellation of their performance at “We the Fest 2023” in Jakarta, constitute a breach of contract. This cancellation not only reveals the direct impact on the event but also highlights the importance of clauses in contracts that specifically regulate public behavior and the potential consequences of such behavior, both legally and ethically. Furthermore, the dispute resolution between the Event Organizer and The 1975 following the cancellation of their performance was achieved through negotiation. The dispute resolution process between the two parties was effective and took only two days, demonstrating that negotiation is a quick and efficient non-litigious method. Therefore, it is recommended that event organizers and artists, singers, or bands include and clarify clauses in performance contracts related to public behavior and its potential consequences. These clauses should detail the fines or legal consequences that may arise from controversial actions that could negatively affect the execution of the contract or the reputation of the involved parties. Additionally, Event Organizers are advised to set behavior standards that band personnel must adhere to while on stage, thereby minimizing the risk of future music performance cancellations. Lastly, both Event Organizers and music bands should prioritize non-litigation as the initial step before pursuing litigation, as negotiation has proven efficient and effective in resolving disputes arising from breaches of contract due to controversial actions.
Copyright (c) 2024 Gita Gisela Andriani Br Tarigan, Detania Sukarja, Dedi Harianto, Tengku Keizerina Devi Azwar
Application of the Principle of Lex Specialis Derogat Legi Generali in Cases of Domestic Violence with Unofficial Marriage Status
This study aims to analyze the application of the principle lex specialis derogat legi generali through Law Number 23 of 2004 in cases of domestic violence with unofficial marriage status. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Law Number 23 of 2004 effectively applies in cases of domestic violence with unofficial marriage status. An unofficial marriage, even though not registered at the Religious Affairs Office, receives recognition and legal protection under Islamic law provisions. Furthermore, the lex specialis derogat legi generali principle ensures that Law Number 23 of 2004 supersedes the Penal Code in handling domestic violence cases. The Gorontalo District Court Decision Number 323/Pid.Sus/2016/PN Gto has also reinforced this validity, which applied Law Number 23 of 2004 in a case of domestic violence with unofficial marriage status. Conversely, applying the Penal Code in cases of domestic violence with unofficial marriage status would contradict the principle of lex specialis derogat legi generali. Therefore, it is recommended that the Police increase awareness and training on the importance of recognizing unofficial marriage status according to Islamic law in the context of applying Law Number 23 of 2004. For the Public Prosecutor, there needs to be a consistent approach in applying Law Number 23 of 2004 as the foundation for prosecution, ensuring that Law Number 23 of 2004 is prioritized over the Penal Code. Meanwhile, for Judges, it is crucial to continue strengthening jurisprudence that supports the supremacy of Law Number 23 of 2004 in cases of domestic violence with unofficial marriage status, as established in the Gorontalo District Court Decision. It will enhance justice and legal protection for victims in future cases of domestic violence.
Resolution of Theft Cases Using Restorative Justice Approaches in Court
This research aims to understand how theft cases are resolved using the restorative justice approach in court. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that resolving theft cases with a restorative justice approach in court offers a new paradigm that not only focuses on applying retributive justice but prioritizes the processes of restoration and reconciliation between the Accused and the Victim. Through the implementation of Supreme Court Regulation Number 1 of 2024, the stages of case resolution with restorative justice from trial preparation to creating a restorative agreement ensure that the justice pursued is restorative. The effectiveness of this approach depends on the Victim’s willingness to forgive the Accused, the restoration of losses suffered by the Victim, and the Accused’s status as a non-recidivist. Therefore, it is recommended that Judges proactively facilitate dialogue between the Accused and the Victim and ensure that the restorative agreement adheres to the principles of proportionality and substantive justice. Public Prosecutors should more actively identify cases suitable for restorative resolution and prepare proof and physical evidence carefully to support the mediation process. The Accused and the Victim are encouraged to participate openly and honestly in mediation. In particular, The Victim needs encouragement to state their losses and needs clearly, and to consider the option of reconciliation as a step towards recovery. Finally, the community is expected better to understand the benefits and processes of restorative justice, thereby providing broader support for a criminal justice system oriented not only towards delivering retributive justice but also towards restoration and repairing social relationships in the future.
Copyright (c) 2024 Roni Bahari, Natangsa Surbakti, Muchamad Iksan