Al-Ishlah: Jurnal Ilmiah Hukum
type: channel
description: 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.
publisher: Fakultas Hukum, Universitas Muslim Indonesia
language: en
publication name: Al-Ishlah: Jurnal Ilmiah Hukum
issn: 1410-9328
items: The Role of Provost in Enforcing Internal Police Discipline: A Juridical Study at Battalion C Pelopor, Mobile Brigade Corps (Brimob), South Sulawesi Regional Police
items: Juridical Analysis of Legal Certainty in the Resolution of Land Rights Disputes in Makassar City
items: The Legal Construction of Electoral Crimes in the Indonesian Legislative Framework
items: A Comparative Study of the Concept of Adultery Offenders in At-Tasyri’ Al-Jina’i Al-Islami and the Aceh Qanun Number 6 of 2014 on Jinayat Law
items: The Effectiveness of Restorative Justice in Judicial Decisions: The Transformation of the Sentencing Paradigm in Indonesia
items: Juridical Implications of Differences in Witness Testimony between Trial and Investigation Report
items: Criminal Law Enforcement in the Suppression of the Crime of Human Trafficking
items: The Juridical Implications of an Acquittal for the Legal Protection of Children in Sexual Abuse Cases
items: Strategies to Prevent and Reform Violence by Police Officers through a Criminological Approach in the South Sulawesi Regional Police
items: Effectiveness of Narcotics Investigations in Central Sulawesi: A Procedural and Evidentiary Assessment under KUHAP and the Narcotics Law
items: Election Oversight Strategy by the Maros Regency Election Supervisory Body (Bawaslu) in Addressing Election Crimes
items: Judges’ Legal Reasoning in Determining the Success or Failure of Diversion in Juvenile Justice: A Normative Analysis of Indonesian Court Decisions
items: Legal Protection for BPJS (Social Security Administrating Body) Participants in Health Services
items: Detention of Children by Public Prosecutors in General Criminal Cases: A Case Study of the Buton District Prosecutor’s Office
items: The Legal Status of Fingerprints as Indicative Evidence in the Investigation of Murder Cases
items: The Effectiveness of Implementing Criminal Sanctions as the Last Resort (Ultimum Remedium Principle) in Excise Crimes as an Effort to Recover State Revenue Losses
items: The Legal Status and Authority of the Interim President Director of the Regional Public Corporation for Water Utility of Makassar City
items: 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
items: The Role of Husband with Disabilities in Providing for the Family through the Act of Begging: An Islamic Law Perspective
items: Plantation Activities in Permanent Production Forests without a Business Permit: An Analysis of Decision Number 604/Pid.B/LH/2023/PN Rhl
items: Judicial Discretion in Sentencing Perpetrators of Aggravated Assault: An Analysis of Decision Number 221/Pid.B/2024/PN Rhl
items: Custody Determination for a Child Born as a Result of Rape: A Maqashid al-Sharia Perspective
items: Law Enforcement against Perpetrators of Child Grooming Sexual Abuse at the Tebing Tinggi Police Resort: An Islamic Criminal Law Perspective
items: Legal Measures to Support the Process of Asset Recovery in the State-Owned Enterprises Banking Sector Post-Corruption Cases
items: The Challenge of a Ghoib Divorce Lawsuit: An Analysis of a Court Decision and Legal Implications in Indonesia
items: Marriage Annulment Application Due to Lies and Fraud: A Case Study of Decree Number 3572/Pdt.G/2023/PA.Ckr
items: Postponement of Inheritance Distribution for Minangkabau Migrant Inheritors: A Study of Islamic Law
items: 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
items: A Review of the ‘Urf on the Law Governing the Customary Marriage Practice of Pakake Anak Daro in the Mandailing Tribe
items: The Crime of Body Shaming in Indonesia from the Perspective of Islamic Criminal Law

The Role of Provost in Enforcing Internal Police Discipline: A Juridical Study at Battalion C Pelopor, Mobile Brigade Corps (Brimob), South Sulawesi Regional Police
type: item
description: This study examines the juridical function of the Provost in enforcing disciplinary law within the Indonesian National Police at Battalion C Pelopor of the Mobile Brigade Corps, South Sulawesi Regional Police. The research applies a sociological or empirical legal approach that analyzes law not only as written norms but also as legal behavior in institutional practice. Data were obtained through literature review, interviews, and observation involving police personnel, academics, legal practitioners, and members of the public. The findings show that the Provost serves as a strategic internal supervisory body responsible for monitoring, investigating, and enforcing disciplinary rules among police officers. The juridical basis of this function derives from Law Number 2 of 2002 on the Indonesian National Police and Government Regulation Number 2 of 2003 on Police Disciplinary Regulations. The study also reveals that disciplinary enforcement operates through systematic procedures such as reporting, investigation, and leadership decision-making. Its effectiveness, however, is influenced by legal substance, professionalism of officers, availability of facilities, community expectations, and organizational culture. Strengthening the capacity and independence of Provost personnel, improving legal awareness and professional ethics, and enhancing transparency in disciplinary processes are necessary to support institutional accountability and public trust in the police
subject: Articles
  topic: section
subject: Provost Function
  topic: keywords
subject: Police Discipline
  topic: keywords
subject: Internal Supervision
  topic: keywords
subject: Legal Enforcement
  topic: keywords
creator: A. Muallim AM
creator: Askari Razak
creator: Baharuddin Badaru
rights: Copyright (c) 2026 A. Muallim AM, Askari Razak, Baharuddin Badaru https://creativecommons.org/licenses/by/4.0
date: 2026-03-13
publication date: 2026-03-13
starting page: 94
ending page: 109
doi: 10.56087/8j8jab31

Juridical Analysis of Legal Certainty in the Resolution of Land Rights Disputes in Makassar City
type: item
description: This study analyzes legal certainty in the resolution of land rights disputes in Makassar City and identifies factors affecting the effectiveness of non-litigation dispute settlement. Land disputes remain a significant legal issue in Indonesia, particularly in rapidly developing urban areas. This research applies a combined normative and empirical legal approach with qualitative analysis. Normative research examines legal norms and regulations governing land dispute resolution, while empirical research explores their implementation in practice. Data were collected through literature review, interviews, and field observations involving judges, officials of the National Land Agency (BPN), and legal practitioners in Makassar. The findings indicate that although mediation and other non-litigation mechanisms offer faster and less costly solutions, their implementation remains suboptimal. The effectiveness of legal certainty is influenced by several factors, including community culture, legal knowledge, legal structure, legal awareness, and supporting facilities and infrastructure. Among these, facilities and infrastructure as well as community culture are the most dominant factors. Strengthening institutional capacity, improving mediator competence, and enhancing legal literacy are essential to improve non-litigation land dispute resolution in Makassar City
subject: Articles
  topic: section
subject: Legal Certainty
  topic: keywords
subject: Land Rights Disputes
  topic: keywords
subject: Non-Litigation Settlement
  topic: keywords
subject: Mediation
  topic: keywords
creator: Zaqia Rezky Intan Saputri
creator: Muhammad Kamal
creator: Askari Razak
rights: Copyright (c) 2026 Zaqia Rezky Intan Saputri, Muhammad Kamal, Askari Razak https://creativecommons.org/licenses/by/4.0
date: 2026-03-06
publication date: 2026-03-06
starting page: 78
ending page: 93
doi: 10.56087/9vpze114

The Legal Construction of Electoral Crimes in the Indonesian Legislative Framework
type: item
description: This study examines the legal construction of electoral crimes within the Indonesian legislative framework. Elections in Indonesia are constitutionally mandated to be conducted in a direct, general, free, secret, honest, and fair manner as stipulated in Article 22E of the 1945 Constitution. To safeguard these principles, various statutory regulations have been enacted, particularly Law No. 7 of 2017 on General Elections and Law No. 10 of 2016 on Regional Head Elections. This research employs a normative legal method with statutory, conceptual, and analytical approaches to analyze the formulation of electoral criminal norms, the structure of offenses, legal subjects, protected legal interests, and sanction mechanisms. The study finds that the regulation of electoral crimes has been systematically constructed through a multi-layered framework consisting of constitutional provisions, statutory regulations, general criminal law, and implementing regulations. However, several issues remain, including ambiguity in the formulation of offense elements, overlap between administrative, ethical, and criminal violations, limited regulatory reach over digital-based electoral offenses, and inconsistencies in sanction proportionality. These challenges affect the effectiveness of electoral law enforcement and the protection of fundamental electoral principles. Therefore, harmonization and reformulation of electoral criminal norms are necessary to ensure clearer offense elements, stronger legal certainty, and a sanction system that proportionally protects the integrity of electoral processes and democratic legitimacy in Indonesia
subject: Articles
  topic: section
subject: Electoral Crimes
  topic: keywords
subject: Electoral Law
  topic: keywords
subject: Criminal Law Policy
  topic: keywords
subject: Election Integrity
  topic: keywords
creator: Muhammad Fadel Kadir
creator: Nur Fadhilah Mappaselleng
creator: Askari Razak
rights: Copyright (c) 2026 Muhammad Fadel Kadir, Nur Fadhilah Mappaselleng, Askari Razak https://creativecommons.org/licenses/by/4.0
date: 2026-03-05
publication date: 2026-03-05
starting page: 58
ending page: 77
doi: 10.56087/jy300x32

A Comparative Study of the Concept of Adultery Offenders in At-Tasyri’ Al-Jina’i Al-Islami and the Aceh Qanun Number 6 of 2014 on Jinayat Law
type: item
description: This study aims to analyze and compare the concept of zina offenders in At-Tasyri’ Al-Jina’i Al-Islami by Abdul Qadir Audah with the provisions stipulated in Aceh Qanun Number 6 of 2014 concerning Jinayat Law. This study is important to understand how the concepts of classical Islamic criminal law found in the literature of fiqh jinayah are adopted and adapted within the regional positive legal system in Aceh, which has special authority in implementing Islamic law. This research employs a normative legal research method using statutory, conceptual, and comparative approaches. The legal materials consist of primary legal sources, namely At-Tasyri’ Al-Jina’i Al-Islami and Aceh Qanun Number 6 of 2014, as well as secondary legal materials in the form of books, scientific journals, and relevant previous studies. The analysis is conducted using a descriptive-comparative method to identify similarities and differences in the legal concepts contained in the two sources. The results show that both share similarities in their theological foundation, objectives of punishment, and the principle of caution in proving the offense of zina through confession and the testimony of four witnesses. However, fundamental differences exist in the definition of zina, the classification of offenders, and the types of sanctions imposed. At-Tasyri’ Al-Jina’i Al-Islami distinguishes offenders between muhsan and ghairu muhsan with sanctions of stoning and flogging, whereas the Aceh Qanun simplifies the classification of offenders and only imposes flogging as the principal punishment. These differences indicate a process of adaptation and positivization of Islamic law within the Indonesian national legal system by considering aspects of public welfare, the effectiveness of law enforcement, and human rights principles
subject: Articles
  topic: section
subject: Adultery
  topic: keywords
subject: Fiqh Jinayah
  topic: keywords
subject: Aceh Qanun
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
creator: Andi Muhammad Firdaus Tamin
creator: Syahruddin Nawi
creator: Hardianto Djanggih
creator: Anzar Makkuasa
rights: Copyright (c) 2026 Andi Muhammad Firdaus Tamin, Syahruddin Nawi, Hardianto Djanggih, Anzar Makkuasa https://creativecommons.org/licenses/by/4.0
date: 2026-03-06
publication date: 2026-03-06
starting page: 42
ending page: 57
doi: 10.56087/452j1j81

The Effectiveness of Restorative Justice in Judicial Decisions: The Transformation of the Sentencing Paradigm in Indonesia
type: item
description: This study examines the effectiveness of implementing restorative justice within Indonesia’s sentencing system in light of recent criminal law reform. Restorative justice, which emphasizes victim recovery, offender accountability, and social reconciliation, reflects values long embedded in Indonesia’s customary traditions. The enactment of Law Number 1 of 2023 concerning the Criminal Code marks a significant normative and philosophical shift from retributive punishment toward restoration and social balance. Despite the availability of various regulatory frameworks and institutional guidelines, challenges remain, particularly in procedural law, regulatory fragmentation, limited institutional capacity, and prevailing retributive legal culture. Using a normative juridical approach supported by conceptual and statutory analysis, this research evaluates the consistency between restorative justice principles and their practical application in judicial decisions. The findings indicate that restorative justice in Indonesia is in a transitional phase, with stronger implementation in juvenile and minor offense cases, while broader application still requires harmonization of criminal procedure law, enhanced judicial capacity, and systemic coordination among law enforcement agencies. Strengthening these aspects is essential to ensure that restorative justice becomes a substantive and consistent paradigm within Indonesia’s modern sentencing system
subject: Articles
  topic: section
subject: Restorative Justice
  topic: keywords
subject: Sentencing System
  topic: keywords
subject: Criminal Law Reform
  topic: keywords
subject: Judicial Practice
  topic: keywords
creator: Alif Fajar Herihanli Palimai
creator: Mulyati Pawennei
creator: Baharuddin Badaru
rights: Copyright (c) 2026 Alif Fajar Herihanli Palimai, Mulyati Pawennei, Baharuddin Badaru https://creativecommons.org/licenses/by/4.0
date: 2026-03-02
publication date: 2026-03-02
starting page: 30
ending page: 41
doi: 10.56087/j7x6y995

Juridical Implications of Differences in Witness Testimony between Trial and Investigation Report
type: item
description: Differences in witness testimony between the Investigation Report (Berita Acara Pemeriksaan/BAP) at the investigation stage and statements delivered during trial are a phenomenon that frequently occurs in criminal justice practice in Indonesia. This study aims to analyze the juridical implications as well as the factors influencing such differences from the perspective of criminal procedural law. The research method employed is empirical juridical with a qualitative approach through normative study and field data. The findings indicate that discrepancies in witness testimony do not always reflect inconsistencies that weaken evidentiary value; rather, they may be influenced by internal witness factors, external situational factors, and procedural factors within the examination process. The Criminal Procedure Code (KUHAP) places testimony delivered in court as evidence with primary probative value, while the BAP functions as a supporting instrument to assess consistency. Therefore, judges must evaluate differences contextually by considering the substance of facts, their correlation with other evidence, and the principle of seeking material truth. Strengthening the professionalism of law enforcement officers and enhancing witness protection are essential to minimize substantive discrepancies and maintain the quality of the evidentiary process.
subject: Articles
  topic: section
subject: Witness Testimony
  topic: keywords
subject: Investigation Report (BAP)
  topic: keywords
subject: Criminal Evidence
  topic: keywords
subject: Material Truth
  topic: keywords
creator: Isnawanti Isnawanti
creator: A Muin Fahmal
creator: Ilham Abbas
rights: Copyright (c) 2026 Isnawanti Isnawanti, A Muin Fahmal, Ilham Abbas https://creativecommons.org/licenses/by/4.0
date: 2026-02-27
publication date: 2026-02-27
starting page: 17
ending page: 29
doi: 10.56087/03pn8j15

Criminal Law Enforcement in the Suppression of the Crime of Human Trafficking
type: item
description: This study aims to analyze the regulation and enforcement of criminal law in combating the crime of human trafficking in Indonesia from a normative legal perspective. The research method employed is normative legal research using statutory and conceptual approaches through an examination of the 1945 Constitution of the Republic of Indonesia, Law Number 21 of 2007 on the Eradication of the Crime of Human Trafficking, the Criminal Code (KUHP), and the Criminal Procedure Code (KUHAP). The findings indicate that, normatively, Indonesia has established a relatively comprehensive legal framework through the Anti-Trafficking Law (UU PTPPO) as a lex specialis emphasizing both the punishment of perpetrators and the protection of victims. However, the effectiveness of law enforcement still faces various challenges, including the complexity of proving chain crimes, limited investigative capacity—particularly regarding digital evidence—disharmony in the application of legal provisions, weak inter-agency coordination, and suboptimal victim recovery mechanisms that risk causing revictimization. Effective criminal law enforcement requires the integration of repressive and restorative approaches through the implementation of a victim-centered approach, strengthening witness and victim protection mechanisms, enhancing technology-based evidentiary capacity, and promoting cross-sectoral as well as international coordination. Therefore, criminal law enforcement against human trafficking must be directed not only toward legal certainty but also toward substantive justice and the restoration of victims’ dignity within a human rights–oriented rule of law framework
subject: Articles
  topic: section
subject: Criminal Law Enforcement
  topic: keywords
subject: Human Trafficking
  topic: keywords
subject: Victim Protection
  topic: keywords
creator: Mar’ie Muhammad
creator: Hambali Thalib
creator: Salle Salle
rights: Copyright (c) 2026 Mar’ie Muhammad, Hambali Thalib, Salle Salle https://creativecommons.org/licenses/by/4.0
date: 2026-02-27
publication date: 2026-02-27
starting page: 1
ending page: 16
doi: 10.56087/9emjtk70

The Juridical Implications of an Acquittal for the Legal Protection of Children in Sexual Abuse Cases
type: item
description: The acquittal verdict in cases of child sexual abuse has generated debate between the demand for victim protection and the principle of procedural justice in criminal procedural law. This study aims to analyze the juridical implications of acquittal decisions on child legal protection through an examination of the Parepare District Court Decision No. 61/Pid.Sus/2024/PN.Pre, which has obtained final legal force. The research employs a normative legal approach using statutory analysis and judicial decision review. Legal materials are analyzed qualitatively to assess the conformity of judicial reasoning with evidentiary principles under the Criminal Procedure Code (KUHAP) and the Child Protection Law. The findings indicate that the acquittal constitutes a juridical consequence of the failure to fulfill the elements of the offense and the absence of judicial conviction based on the evidentiary standard set forth in Article 183 of the KUHAP. The decision reflects the application of the presumption of innocence and the principle of in dubio pro reo, while simultaneously highlighting weaknesses in evidentiary quality in cases of sexual violence against children. This study emphasizes the need to strengthen investigations, scientific-based evidence, and inter-agency coordination to ensure effective child legal protection without undermining procedural justice for defendants
subject: Articles
  topic: section
subject: Acquittal
  topic: keywords
subject: Protection
  topic: keywords
subject: Abuse
  topic: keywords
subject: Evidence
  topic: keywords
subject: Justice
  topic: keywords
creator: Aftar akbar
creator: Mulyati Pawennei
creator: Nasrullah Arsyad
rights: Copyright (c) 2025 Aftar akbar, Mulyati Pawennei, Nasrullah Arsyad https://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 191
ending page: 201
doi: 10.56087/dpysb756

Strategies to Prevent and Reform Violence by Police Officers through a Criminological Approach in the South Sulawesi Regional Police
type: item
description: This study examines criminological strategies to prevent and reform police violence within the South Sulawesi Regional Police. Using qualitative empirical data from interviews and official records, the study finds that police violence occurs in physical, armed, and verbal forms, driven by individual stress, situational pressures, organizational culture, and weak institutional control. The findings demonstrate that disciplinary or repressive measures alone are insufficient to ensure lasting behavioral change. Effective prevention and reform require an integrated, layered approach combining primary prevention (ethical and human rights training, selective recruitment), secondary prevention (early detection, psychological assessment, mentoring, and supervision), and tertiary prevention (rehabilitation and behavioral reorientation), reinforced by accountable legal mechanisms, community participation, and psychological interventions. Integrating penal and non-penal approaches within a criminological framework provides a more sustainable model for fostering professional, humanistic policing and restoring public trust in a democratic rule-of-law state
subject: Articles
  topic: section
subject: Police Violence
  topic: keywords
subject: Criminological Approach
  topic: keywords
subject: Violence Prevention
  topic: keywords
subject: Police Reform
  topic: keywords
creator: Marikar Marikar
creator: Hambali Thalib
creator: Abd Rahman
creator: Ilham Abbas
rights: Copyright (c) 2026 Marikar Marikar, Hambali Thalib, Abd Rahman, Ilham Abbas https://creativecommons.org/licenses/by/4.0
date: 2026-01-19
publication date: 2026-01-19
doi: 10.56087/60atqd35

Effectiveness of Narcotics Investigations in Central Sulawesi: A Procedural and Evidentiary Assessment under KUHAP and the Narcotics Law
type: item
description: This study examines the effectiveness of narcotics crime investigations within the jurisdiction of the Central Sulawesi Regional Police through a procedural and evidentiary lens. Narcotics crimes pose a serious and evolving threat, requiring law enforcement responses that are legally sound, professional, and outcome-oriented. Using an empirical juridical approach with a descriptive-analytical design, the research analyzes the implementation of investigative stages, from inquiry, case exposition, to formal investigation, under Indonesia’s Criminal Procedure Code (KUHAP), the Narcotics Law, the Police Law, and Police Regulation No. 6 of 2019. Primary data were collected through interviews with narcotics investigators and questionnaires capturing perceptions of investigative effectiveness, while secondary data were drawn from legislation, scholarly literature, and prior studies. The findings indicate that, although procedural compliance and case-completion rates are relatively high, particularly in high-burden areas such as Palu City, investigative effectiveness is constrained by limited personnel capacity, uneven technical expertise, low public literacy on narcotics, and risks of intimidation against investigators. These constraints contribute to a gap between administrative outputs and perceived social impact. The study concludes that investigative effectiveness should be measured not merely by arrest numbers or case completion, but by procedural integrity, evidentiary resilience, human rights protection, and tangible disruption of narcotics networks.
subject: Articles
  topic: section
subject: Narcotics Investigation
  topic: keywords
subject: Investigative Effectiveness
  topic: keywords
subject: Criminal Procedure
  topic: keywords
subject: Evidence
  topic: keywords
creator: Firmansyah Fality
creator: Mulyati Pawennei
creator: Hardianto Djanggih
rights: Copyright (c) 2025 Firmansyah Fality, Mulyati Pawennei, Hardianto Djanggih https://creativecommons.org/licenses/by/4.0
date: 2025-12-31
publication date: 2025-12-31
starting page: 162
ending page: 178
doi: 10.56087/4qb6jd85

Election Oversight Strategy by the Maros Regency Election Supervisory Body (Bawaslu) in Addressing Election Crimes
type: item
description: This study analyzes election oversight strategies implemented by the Election Supervisory Body (Bawaslu) of Maros Regency in addressing election crimes following Constitutional Court Decision No. 135/PUU-XXII/2024, which promotes the integration of regional legislative elections with regional head elections. This redesign expands the scope of supervision, compresses electoral stages, and intensifies local political competition, thereby increasing the risks of vote-buying, mobilization of civil servants, and administrative manipulation. The study employs a non-doctrinal (empirical) legal research method with a socio-legal approach, using in-depth interviews with 30 informants (Bawaslu officials, sub-district supervisors/Panwascam, and polling station supervisors) and a literature review. The findings show that the oversight strategy is built through preventive measures based on multi-channel outreach and target segmentation, vulnerability mapping and risk-based patrols, continuous supervision throughout all electoral stages down to polling stations, and early enforcement through the Integrated Law Enforcement Center (Sentra Gakkumdu). While these strategies are relatively effective in reducing overt violations and strengthening tiered coordination, they remain constrained by limited human resources and facilities, a permissive culture toward vote-buying, local socio-political pressures, and weak initial evidence and delayed reporting that hinder case escalation to prosecution. These findings underscore the need to strengthen supervisory capacity, enhance public legal literacy, protect whistleblowers and witnesses, and optimize oversight technologies to ensure more effective and sustainable enforcement of election criminal law.
subject: Articles
  topic: section
subject: Election Supervision
  topic: keywords
subject: Bawaslu of Maros Regency
  topic: keywords
subject: Election Crimes
  topic: keywords
subject: Sentra Gakkumdu
  topic: keywords
subject: Vote-Buying
  topic: keywords
creator: Ahmad Muhajir
creator: La Ode Husen
creator: Kamri Ahmad
rights: Copyright (c) 2025 Ahmad Muhajir, La Ode Husen, Kamri Ahmad https://creativecommons.org/licenses/by/4.0
date: 2025-12-30
publication date: 2025-12-30
starting page: 146
ending page: 161
doi: 10.56087/npcf0c47

Judges’ Legal Reasoning in Determining the Success or Failure of Diversion in Juvenile Justice: A Normative Analysis of Indonesian Court Decisions
type: item
description: 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
subject: Articles
  topic: section
subject: Diversion; Juvenile Justice
  topic: keywords
subject: Juvenile Justice
  topic: keywords
subject: Judicial Discretion
  topic: keywords
subject: Child Protection
  topic: keywords
creator: Anwar Dahlan
creator: Muhammad Rinaldy Bima
creator: Hardianto Djanggih
rights: Copyright (c) 2025 Anwar Dahlan, Muhammad Rinaldy Bima, Hardianto Djanggih https://creativecommons.org/licenses/by/4.0
date: 2025-12-30
publication date: 2025-12-30
starting page: 133
ending page: 145
doi: 10.56087/enf7mg34

Legal Protection for BPJS (Social Security Administrating Body) Participants in Health Services
type: item
description: 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
subject: Articles
  topic: section
subject: BPJS Health
  topic: keywords
subject: Inpatient Services
  topic: keywords
subject: Patient Rights
  topic: keywords
subject: Regional General Hospital
  topic: keywords
creator: Andy Reza Alfathan
creator: Abd Rahman
creator: Ilham Abbas
rights: Copyright (c) 2025 Andy Reza Alfathan, Abd Rahman, Ilham Abbas https://creativecommons.org/licenses/by/4.0
date: 2025-12-22
publication date: 2025-12-22
starting page: 123
ending page: 132
doi: 10.56087/cm62v322

Detention of Children by Public Prosecutors in General Criminal Cases: A Case Study of the Buton District Prosecutor’s Office
type: item
description: 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
subject: Articles
  topic: section
subject: Child Detention
  topic: keywords
subject: Public Prosecutor
  topic: keywords
subject: Juvenile Justice
  topic: keywords
subject: Restorative Justice
  topic: keywords
creator: Budi Hermansyah
creator: Hambali Thalib
creator: Abdul Qahar
rights: Copyright (c) 2025 Budi Hermansyah, Hambali Thalib, Abdul Qahar https://creativecommons.org/licenses/by/4.0
date: 2025-12-03
publication date: 2025-12-03
starting page: 106
ending page: 122
doi: 10.56087/w277yv05

The Legal Status of Fingerprints as Indicative Evidence in the Investigation of Murder Cases
type: item
description: 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
subject: Articles
  topic: section
subject: Fingerprints (Dactyloscopy)
  topic: keywords
subject: Indicative Evidence
  topic: keywords
subject: Murder Investigation
  topic: keywords
subject: INAFIS
  topic: keywords
creator: Lisa Meiriska
creator: Mulyati Pawennei
creator: Aan Aswari
rights: Copyright (c) 2025 Lisa Meiriska, Mulyati Pawennei, Aan Aswari https://creativecommons.org/licenses/by/4.0
date: 2025-12-02
publication date: 2025-12-02
starting page: 93
ending page: 105
doi: 10.56087/aijih.v28i2.1708

The Effectiveness of Implementing Criminal Sanctions as the Last Resort (Ultimum Remedium Principle) in Excise Crimes as an Effort to Recover State Revenue Losses
type: item
description: 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
subject: Articles
  topic: section
subject: Ultimum remedium
  topic: keywords
subject: excise law
  topic: keywords
subject: tobacco regulation
  topic: keywords
subject: criminal policy
  topic: keywords
subject: restorative justice.
  topic: keywords
creator: David Munsir
creator: A. Muin Fahmal
creator: Kamri Ahmad
rights: Copyright (c) 2025 David Munsir, A. Muin Fahmal, Kamri Ahmad https://creativecommons.org/licenses/by/4.0
date: 2025-08-14
publication date: 2025-08-14
starting page: 82
ending page: 92
doi: 10.56087/z9psr097

The Legal Status and Authority of the Interim President Director of the Regional Public Corporation for Water Utility of Makassar City
type: item
description: 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.
subject: Articles
  topic: section
subject: Employment Contract
  topic: keywords
subject: Interim Director’s Authority
  topic: keywords
subject: Regional Public Corporation
  topic: keywords
subject: Water Utility
  topic: keywords
creator: Abd. Kahar Muzakkir
creator: La Ode Husen
rights: Copyright (c) 2025 Abd. Kahar Muzakkir, La Ode Husen
date: 2025-05-29
publication date: 2025-05-29
starting page: 62
ending page: 81
doi: 10.56087/aijih.v28i1.1028

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
type: item
description: 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.
subject: Articles
  topic: section
subject: Bankruptcy
  topic: keywords
subject: Case Study
  topic: keywords
subject: Legal Consequences
  topic: keywords
subject: Liquidation
  topic: keywords
subject: State-Owned Company
  topic: keywords
creator: Yofi Permatasari
creator: Gunardi Lie
rights: Copyright (c) 2025 Yofi Permatasari, Gunardi Lie
date: 2025-05-18
publication date: 2025-05-18
starting page: 45
ending page: 61
doi: 10.56087/aijih.v28i1.986

The Role of Husband with Disabilities in Providing for the Family through the Act of Begging: An Islamic Law Perspective
type: item
description: 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.
subject: Articles
  topic: section
subject: Begging
  topic: keywords
subject: Dharuriyyat
  topic: keywords
subject: Disability
  topic: keywords
subject: Family Financial Support
  topic: keywords
creator: Nurul Adilla
creator: Abd. Mukhsin
rights: Copyright (c) 2025 Nurul Adilla, Abd. Mukhsin
date: 2025-01-12
publication date: 2025-01-12
starting page: 29
ending page: 44
doi: 10.56087/aijih.v28i1.513

Plantation Activities in Permanent Production Forests without a Business Permit: An Analysis of Decision Number 604/Pid.B/LH/2023/PN Rhl
type: item
description: 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.
subject: Articles
  topic: section
subject: Business Permit
  topic: keywords
subject: Environmental Crime
  topic: keywords
subject: Negligence
  topic: keywords
subject: Permanent Production Forest
  topic: keywords
subject: Plantation
  topic: keywords
creator: Juli Handoko
creator: Sriono Sriono
creator: Nimrot Siahaan
rights: Copyright (c) 2024 Juli Handoko, Sriono Sriono, Nimrot Siahaan
date: 2024-12-19
publication date: 2024-12-19
starting page: 1
ending page: 14
doi: 10.56087/aijih.v28i1.528

Judicial Discretion in Sentencing Perpetrators of Aggravated Assault: An Analysis of Decision Number 221/Pid.B/2024/PN Rhl
type: item
description: 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.
subject: Articles
  topic: section
subject: Assault
  topic: keywords
subject: Honor
  topic: keywords
subject: Judicial Discretion
  topic: keywords
subject: Living Law
  topic: keywords
subject: Serious Bodily Injury
  topic: keywords
creator: Ferdiansyah Ferdiansyah
creator: Kusno Kusno
creator: Ahmad Ansyari Siregar
rights: Copyright (c) 2024 Ferdiansyah Ferdiansyah, Kusno Kusno, Ahmad Ansyari Siregar
date: 2024-12-19
publication date: 2024-12-19
starting page: 15
ending page: 28
doi: 10.56087/aijih.v28i1.529

Custody Determination for a Child Born as a Result of Rape: A Maqashid al-Sharia Perspective
type: item
description: 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.
subject: Articles
  topic: section
subject: Child Custody
  topic: keywords
subject: Child Protection
  topic: keywords
subject: Child Rights
  topic: keywords
subject: Maqashid al-Sharia
  topic: keywords
subject: Rape Victim
  topic: keywords
creator: Muhammad Aulia Firdaus
creator: Iwan Iwan
rights: Copyright (c) 2024 Muhammad Aulia Firdaus, Iwan Iwan
date: 2024-11-04
publication date: 2024-11-04
starting page: 406
ending page: 426
doi: 10.56087/aijih.v27i2.512

Law Enforcement against Perpetrators of Child Grooming Sexual Abuse at the Tebing Tinggi Police Resort: An Islamic Criminal Law Perspective
type: item
description: 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.
subject: Articles
  topic: section
subject: Child Grooming
  topic: keywords
subject: Groomer
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
subject: Law Enforcement
  topic: keywords
subject: Sexual Abuse
  topic: keywords
creator: Anggi Ramadhani
creator: Ramadani Ramadani
rights: Copyright (c) 2024 Anggi Ramadhani, Ramadani Ramadani
date: 2024-11-24
publication date: 2024-11-24
starting page: 453
ending page: 473
doi: 10.56087/aijih.v27i2.516

Legal Measures to Support the Process of Asset Recovery in the State-Owned Enterprises Banking Sector Post-Corruption Cases
type: item
description: 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.
subject: Articles
  topic: section
subject: Asset Forfeiture
  topic: keywords
subject: Asset Recovery
  topic: keywords
subject: State Losses
  topic: keywords
subject: Corruption
  topic: keywords
subject: State-Owned Enterprises Banking
  topic: keywords
creator: Muhammad Anzar Latifansyah
creator: Anis Rifai
creator: Sadino Sadino
rights: Copyright (c) 2024 Muhammad Anzar Latifansyah, Anis Rifai, Sadino Sadino
date: 2024-11-16
publication date: 2024-11-16
starting page: 427
ending page: 452
doi: 10.56087/aijih.v27i2.514

The Challenge of a Ghoib Divorce Lawsuit: An Analysis of a Court Decision and Legal Implications in Indonesia
type: item
description: 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.
subject: Articles
  topic: section
subject: Ba’in Sughra
  topic: keywords
subject: Divorce Lawsuit
  topic: keywords
subject: Ghoib
  topic: keywords
subject: Marriage Law
  topic: keywords
subject: Talaq
  topic: keywords
creator: Arianty Anggraeny Mangarengi
creator: Yuli Adha Hamzah
creator: Aldifa Nanda Nursyam
rights: Copyright (c) 2024 Arianty Anggraeny Mangarengi, Yuli Adha Hamzah, Aldifa Nanda Nursyam
date: 2024-10-18
publication date: 2024-10-18
starting page: 391
ending page: 405
doi: 10.56087/aijih.v27i2.509

Marriage Annulment Application Due to Lies and Fraud: A Case Study of Decree Number 3572/Pdt.G/2023/PA.Ckr
type: item
description: 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.
subject: Articles
  topic: section
subject: Court Decree
  topic: keywords
subject: Lies and Fraud
  topic: keywords
subject: Marriage Annulment
  topic: keywords
subject: Marriage Requirements
  topic: keywords
creator: Sri Atmadianti
creator: Mhd. Rizal
rights: Copyright (c) 2024 Sri Atmadianti, Mhd. Rizal
date: 2024-10-17
publication date: 2024-10-17
starting page: 374
ending page: 390
doi: 10.56087/aijih.v27i2.510

Postponement of Inheritance Distribution for Minangkabau Migrant Inheritors: A Study of Islamic Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Indigenous People
  topic: keywords
subject: Inheritor
  topic: keywords
subject: Ijbari Principle
  topic: keywords
subject: Minangkabau Migrant
  topic: keywords
subject: Inheritance
  topic: keywords
creator: M. Fathurrahman
creator: Heri Firmansyah
rights: Copyright (c) 2024 M. Fathurrahman, Heri Firmansyah
date: 2024-10-15
publication date: 2024-10-15
starting page: 355
ending page: 373
doi: 10.56087/aijih.v27i2.507

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
type: item
description: 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.
subject: Articles
  topic: section
subject: Child Protection
  topic: keywords
subject: Children’s Rights
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Parental Obligations
  topic: keywords
creator: Ahmad Syuqrun Ramadhan
creator: Azwani Lubis
rights: Copyright (c) 2024 Ahmad Syuqrun Ramadhan, Azwani Lubis
date: 2024-10-09
publication date: 2024-10-09
starting page: 336
ending page: 354
doi: 10.56087/aijih.v27i2.506

A Review of the ‘Urf on the Law Governing the Customary Marriage Practice of Pakake Anak Daro in the Mandailing Tribe
type: item
description: 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.
subject: Articles
  topic: section
subject: Customary Marriage
  topic: keywords
subject: Indigenous People
  topic: keywords
subject: Pakake Anak Daro
  topic: keywords
subject: ‘Urf Sahih
  topic: keywords
creator: Ade Irma Putri Nst
creator: Azwani Lubis
rights: Copyright (c) 2024 Ade Irma Putri Nst, Azwani Lubis
date: 2024-10-06
publication date: 2024-10-06
starting page: 320
ending page: 335
doi: 10.56087/aijih.v27i2.505

The Crime of Body Shaming in Indonesia from the Perspective of Islamic Criminal Law
type: item
description: 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.
subject: Articles
  topic: section
subject: Body Shaming
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
subject: Jarimah Ta’zir
  topic: keywords
creator: Fatimah Khairul Hakim
creator: Sudirman Suparmin
rights: Copyright (c) 2024 Fatimah Khairul Hakim, Sudirman Suparmin
date: 2024-09-21
publication date: 2024-09-21
starting page: 304
ending page: 319
doi: 10.56087/aijih.v27i2.504