Istinbath: Jurnal Hukum
type: channel
description: Istinbath: Jurnal Hukum is a scientific law journal dedicated to strengthening scholarly understanding of legal studies and legal transformation in Indonesia, Southeast Asia, and other parts of the world. The journal responds to contemporary social dynamics by publishing high-quality articles and research reports that critically examine emerging legal issues related to identity, digital technology, social justice, labor relations, digital property, and legal reform. Istinbath seeks to enrich legal discourse through analytical, contextual, and transformative perspectives on law in contemporary society. Journal title Istinbath: Jurnal Hukum Editor-in-chief Dr. Sakirman, S.H.I., M.S.I DOI 10.32332/istinbath ISSN 1829-8117 (Print) 2527-3973 (Online) Frequency 2 issues per year (January-June and July-December) Url https://e-journal.metrouniv.ac.id/istinbath/index E-mail istinbath@metrouniv.ac.id Language Indonesian; English Licensing Creative Commons Attribution-ShareAlike 4.0 International License Manag. Style Open Access Journal Publishing System Open Journal System (OJS 3.5) Publisher Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro Citation Analysis |SINTA 4| Google Scholar| Garuda | Moraref |Crossref | Dimension| Address Journal Center of Institut Agama Islam Negeri (IAIN) Metro Jl. Ki Hajar Dewantara St., Banjar Rejo, Lampung Timur, Lampung, Indonesia 34381 Istinbath: Jurnal Hukum ISSN: 1829-8117 (Print) 2527-3973 (Online) is a double peer-reviewed journal published by the Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia, published twice a year, every June and December, publishing original research articles in the field of legal studies and legal transformation. This journal is committed to promoting the advancement of science, particularly legal studies and legal transformation in Indonesia, Southeast Asia, and other parts of the world in response to contemporary social dynamics by providing a platform for researchers, sci…
publisher: Faculty of Sharia, Institut Agama Islam Negeri (IAIN) Metro, Lampung, Indonesia.
language: en
publication name: Istinbath: Jurnal Hukum
issn: 2527-3973
items: Between Informality and Digital Platforms: The Position and Legal Protection of Online Motorcycle Taxi Drivers in Indonesia's Urban Economy
items: Beyond Conviction-Based Forfeiture: Legal Politics and Legislative Directions of Non-Conviction-Based Asset Forfeiture in the Recovery of Corruption Assets in Indonesia
items: Regulating Digital Privacy in Indonesia: The Practice of Data Subject Rights and Controller Duties in the FotoYu App
items: Effectiveness of Law in the Policy of Restricting the Operation of Goods Vehicles
items: Reformulation of Regional Administrative Law: A Study of Civil Servant Dispute Resolution in Local Government
items: Study of Digital Asset Inheritance: A Review of Contemporary Islamic Law in Indonesia
items: Fatwa, Default, and Legal Certainty: A Study of Normative-Practical Gaps in the Resolution of Non-Performing Loans in Sharia Microfinance Institutions
items: Legal Protection in Specified-Term Employment Contracts: Striking a Balance between Workers' Rights and Obligations
items: Love Scam as a Manifestation of Online Gender-Based Violence: Aligning Legislation to Ensure Victim Protection
items: The Controversy of the Death Penalty for Narcotics Dealers: A Review of Indonesian Criminal Law and Islamic Criminal Law
items: The Urgency of Consumer Protection in Electronic Transactions in Online Gaming: Positive Law and Islamic Law Perspectives
items: The Social and Philosophical Values of the Positivization of Islamic and Customary Law in Indonesia
items: Law Enforcement against Children as Perpetrators of Victim Blaming in Sexual Violence Cases
items: Integration of Blockchain Technology in the Criminal Justice System: Challenges of Regulation, Data Security, and Legitimacy of Digital Evidence
items: Juridical Analysis of Inkracht Decision on Hadhanah Rights in Kepahiang Religious Court
items: The Urgency of Village-Level Mediators in Reducing Divorce Rates on North Central Java
items: https://e-journal.metrouniv.ac.id/istinbath/article/view/10153
items: Legal Responsibility of the Penghulu in Same Sex Marriage Involving Fake Identity in Batam City
items: Justice for PLHIV Workers: Islamic and National Legal Approaches to Protecting Labor Rights
items: Deviation Of Marriage Age Issues in Indonesia (Integration Review of Maqashid Sharia and Positive Law)
items: Direct Zakat in the Context of Hablun Minallah Wa Hablum Minannas
items: Coercive Coercion Rhetoric as a Reason for Criminal Abolition (Analysis of LGBT Group Sexual Activity Deviations)
items: The Role of Balinese Customary Law as a Social Institution for Immigrants and Tourists: Sanctions in Awig-Awig Against Krama Adat, Krama Tamiyu, and Tamiyu
items: The Law of Inheritance of Monetized YouTube Channels in Indonesia: Exploring Legal Theory and Crowdfunding Theory
items: The Implementation of Waqf Law within the Framework of Indonesia's Legal State: An Analysis of Pancasila Values
items: Muli Mekhanai Sekuakhian Paradigm as Ta'aruf Method in Lampung Pepadun Indigenous People in Maqashid Al-Shari'ah
items: Comparison of Derivative Action Regulations in Indonesia and South Korea in Providing Legal Protection for Minority Shareholders
items: Legal Study on the Oversight of Overloaded Motor Vehicles: Efforts to Protect Road Safety and Infrastructure
items: Adaptation of Islamic Criminal Law in Facing Digital Economic Crime in the Era of Technological Disruption
items: The Concept of Maslahah in the Dynamics of the Rukyah and Hisab Methods for Determining the Beginning of the Lunar Month

Between Informality and Digital Platforms: The Position and Legal Protection of Online Motorcycle Taxi Drivers in Indonesia's Urban Economy
type: item
description: The development of the digital economy in Indonesia has given rise to new forms of informal employment, one of which is online motorcycle taxi (ojol) drivers who operate through digital platforms. Although they play an important role in supporting urban mobility and economic activity, the existing legal structure does not adequately protect these workers. This study aims to analyze the legal position of ojol drivers in the urban economic structure and examine how regulations and public discourse affect their legal protections. This study uses a qualitative approach with content analysis methods on legal documents, online media reports, and interviews with members of the online motorcycle taxi (ojol) driver community in Indonesia. The results show that the partnership scheme implemented by platform companies places drivers in a legally vulnerable position because they are not recognized as workers and lose access to basic labor rights. This ambiguity in legal status is exacerbated by the absence of responsive regulations at the national and regional levels. Under these conditions, the law tends to function as an instrument for legitimizing the dominance of platform corporations rather than as a means of protection and social justice. This research contributes to strengthening the socio-legal perspective in the study of digital economy law by viewing the law as an arena of power relations and providing an argumentative basis for the formulation of progressive and inclusive regulations to ensure the recognition and protection of the basic rights of online motorcycle taxi (ojol) drivers as part of the modern employment structure. [Perkembangan ekonomi digital di Indonesia telah melahirkan bentuk-bentuk pekerjaan informal baru, salah satunya adalah pengemudi ojek online (ojol) yang beroperasi melalui platform digital. Meskipun mereka memainkan peran penting dalam mendukung mobilitas perkotaan dan aktivitas ekonomi, struktur hukum yang ada tidak cukup melindungi pekerja i…
subject: Articles
  topic: section
subject: Digital Platforms
  topic: keywords
subject: Platform Economy
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Online Motorcycle Taxi Drivers
  topic: keywords
subject: Urban Economy
  topic: keywords
creator: Muhammad Azkia Pasya
creator: Abdul Mujib
creator: Isna
creator: Bakri Agus Wijaya
creator: Salahuddin Asy-Syahid
rights: Copyright (c) 2025 Muhammad Azkia Pasya, Abdul Mujib, Isna, Bakri Agus Wijaya, Salahuddin Asy-Syahid https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-31
publication date: 2025-12-31
starting page: 628
ending page: 649
doi: 10.32332/istinbath.v22i02.art09

Beyond Conviction-Based Forfeiture: Legal Politics and Legislative Directions of Non-Conviction-Based Asset Forfeiture in the Recovery of Corruption Assets in Indonesia
type: item
description: The low rate of asset recovery resulting from corruption shows that Indonesia's asset forfeiture regime, which is still oriented towards conviction-based forfeiture, has not been effective in addressing the complex and transnational nature of modern corruption. In the 2021–2023 period, state financial losses due to corruption reached hundreds of trillions of rupiah, while the rate of asset recovery still showed a significant percentage, especially when the perpetrators could not be prosecuted because they had fled, died, or were outside the jurisdiction, resulting in the state losing its authority to confiscate corrupt individuals’ assets. This study analyzes the legal politics of state asset forfeiture in corruption cases and assesses the urgency of implementing non-conviction-based asset forfeiture (NCB) in Indonesia’s legal system. This study adopts a normative juridical approach with legal political analysis through a review of legislation, court decisions, and relevant literature. The results of the study show that the stagnation in the ratification of the Asset Forfeiture Bill is not solely due to technical legislative issues but reflects a legal political configuration that still places the punishment of perpetrators as the main orientation, while asset recovery is not yet a legal policy priority. Additionally, the absence of a specific asset forfeiture law has led to an excessive reliance on conventional criminal mechanisms and created a legal vacuum in certain situations. This is exacerbated by institutional capacity constraints, weak coordination among law enforcement agencies, and suboptimal cross-border asset-tracing mechanisms. This study concludes that the implementation of non-conviction-based asset forfeiture (NCB) is urgently necessary to strengthen asset recovery in Indonesia, as long as it is designed within the framework of the rule of law, which guarantees judicial oversight and the protection of human rights. [Rendahnya tingkat pemulihan aset h…
subject: Articles
  topic: section
subject: Legal Politics
  topic: keywords
subject: Legislative Directions
  topic: keywords
subject: Non-Conviction-Based
  topic: keywords
subject: Corruption Asset Forfeiture
  topic: keywords
creator: Geza Tristanti Wardani
creator: Satya Graha Habibilah
rights: Copyright (c) 2025 Geza Tristanti Wardani, Satya Graha Habibilah https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-31
publication date: 2025-12-31
starting page: 605
ending page: 627
doi: 10.32332/istinbath.v22i02.art08

Regulating Digital Privacy in Indonesia: The Practice of Data Subject Rights and Controller Duties in the FotoYu App
type: item
description: The practice of personal data protection in artificial intelligence (AI)-based marketplace applications that utilize facial recognition technology (FRT) in Indonesia has not been comprehensively studied. This study analyzes the implementation of data subject rights and the fulfillment of data controller obligations by FotoYu under Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). This study employs a normative juridical method, utilizing primary legal sources such as legislation, secondary sources including scholarly literature and doctrine, and tertiary materials as supporting references. The findings indicate that FotoYu and its Creators have not fully met the core obligations of data controllers, particularly regarding explicit consent, transparency, and effective data deletion mechanisms. Additional challenges arise from inaccurate FRT performance, limited regulatory frameworks on FRT and AI, the absence of implementing regulations for the PDP Law, and a lack of a dedicated data protection authority. This study contributes by providing a normative interpretation of PDP Law provisions in the context of AI-based FRT platforms and offers policy recommendations, including strengthening regulations specific to FRT and AI, accelerating PDP Law implementation regulations, and establishing an independent data protection authority to ensure effective oversight and law enforcement in Indonesia.
subject: Articles
  topic: section
subject: Personal Data Protection
  topic: keywords
subject: Personal Data Subject Rights
  topic: keywords
subject: Personal Data Control Oblligation
  topic: keywords
subject: FotoYu
  topic: keywords
creator: Dwita Tarisa Putri
rights: Copyright (c) 2025 Dwita Tarisa Putri https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-05
publication date: 2025-12-05
starting page: 230
ending page: 262
doi: 10.32332/istinbath.v22i02.art01

Effectiveness of Law in the Policy of Restricting the Operation of Goods Vehicles
type: item
description: Indonesia, as a country governed by the rule of law, places law as the primary instrument for ensuring certainty, justice, and benefit. In this context, Tangerang Regent Regulation No. 12 of 2022 was enacted as a strategic policy to reduce the rate of traffic accidents involving goods vehicles, especially dump trucks and heavy vehicles. However, its implementation faces various challenges. Therefore, this study aims to analyze the effectiveness of this regulation from both normative and empirical perspectives. This study uses an empirical legal method with a descriptive analytical approach. The research data were obtained through observation and interviews with the Transportation Agency officials and the Tigaraksa community. The results show that although the substance of the regulation is appropriate, its effectiveness is still hampered by limited personnel, monitoring facilities, and low legal awareness among truck drivers. However, there are supporting factors in the form of inter-agency coordination, community participation, and a decrease in violations at several vulnerable points. Overall, this study shows that the regulations have provided a relevant regulatory framework to reduce public transportation accidents, but their practical impact is still hampered by limitations in enforcement and infrastructure, thus requiring the strengthening of monitoring mechanisms and increasing drivers’ legal awareness. [Indonesia sebagai negara hukum menempatkan hukum sebagai instrumen utama dalam menjamin kepastian, keadilan, dan kemanfaatan. Dalam konteks tersebut, Peraturan Bupati Tangerang Nomor 12 Tahun 2022 ditetapkan sebagai kebijakan strategis untuk menekan tingkat kecelakaan lalu lintas yang melibatkan mobil barang, terutama truk tanah dan kendaraan berat lainnya. Meskipun demikian, implementasinya masih menghadapi berbagai permasalahan. Oleh karena itu, penelitian ini bertujuan untuk menganalisis efektivitas regulasi tersebut dari aspek normatif maupun empiris. Pen…
subject: Articles
  topic: section
subject: Regent Regulation
  topic: keywords
subject: Law Enforcement
  topic: keywords
subject: Legal Effectiveness
  topic: keywords
subject: Policy Implementation
  topic: keywords
subject: Road Safety
  topic: keywords
creator: Annie Myranika
creator: Dian Yulviani
creator: Siti Humulhaer
creator: Dwi Nur Afrianto
rights: Copyright (c) 2025 Annie Myranika, Dian Yulviani, Siti Humulhaer, Dwi Nur Afrianto https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-18
publication date: 2025-12-18
starting page: 309
ending page: 331
doi: 10.32332/istinbath.v22i02.art04

Reformulation of Regional Administrative Law: A Study of Civil Servant Dispute Resolution in Local Government
type: item
description: Civil service disputes within local governments are crucial issues that require an appropriate legal approach within the framework of state administrative law. In practice, the resolution of these disputes is often hampered by regulatory weaknesses and disharmony between the central and regional authorities. This study aims to analyze the characteristics of local administrative law related to civil service management, strengthen administrative law norms, and evaluate dispute resolution mechanisms. This study uses a normative juridical approach and literature review, focusing on the importance of synergy between the ASN Law, Government Administration Law, and regional regulations to create a fair, effective, and efficient dispute resolution system. This study found that the lack of clarity in authority and administrative procedures at the regional level hinders the resolution of ASN disputes. There is disharmony between the ASN Law, the Government Administration Law, and their implementing regulations, which weakens the role of the KASN and PTUN as institutions that guarantee administrative justice. In addition, limited institutional capacity and human resources in local government hinder the substantive implementation of administrative laws. [Sengketa kepegawaian di lingkungan pemerintah daerah merupakan isu krusial yang membutuhkan pendekatan hukum yang tepat dalam kerangka hukum administrasi negara. Dalam praktiknya, penyelesaian sengketa ini sering terhambat oleh kelemahan regulasi dan disharmoni antara kewenangan pusat dan daerah. Artikel ini bertujuan untuk menganalisis karakteristik hukum administrasi daerah yang berkaitan dengan pengelolaan kepegawaian, penguatan norma hukum administrasi, serta mengevaluasi mekanisme penyelesaian sengketa. Penelitian ini menggunakan pendekatan yuridis normatif dan studi literatur, dengan fokus pada pentingnya sinergi antara UU ASN, UU Administrasi Pemerintahan, dan peraturan daerah untuk menciptakan sistem penyelesaian sengke…
subject: Articles
  topic: section
subject: Administrative Law
  topic: keywords
subject: Employment Disputes
  topic: keywords
subject: Local Government
  topic: keywords
subject: Civil Servant Dispute
  topic: keywords
creator: Ferika Nurfransiska
creator: Dairani Dairani
creator: Yosep Heristyo Endro
rights: Copyright (c) 2025 Ferika Nurfransiska, Dairani, Yosep Heristyo Endro https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-18
publication date: 2025-12-18
starting page: 331
ending page: 356
doi: 10.32332/istinbath.v22i02.art05

Study of Digital Asset Inheritance: A Review of Contemporary Islamic Law in Indonesia
type: item
description: This study aims to examine the legality of digital assets from the perspective of Islamic law and Indonesian positive law, as well as to analyze their status as inheritance objects under contemporary Islamic law. The development of digital technology has given rise to new forms of wealth, such as cryptocurrency, NFTs, electronic wallets, and digital accounts with economic value, which do not yet have a clear legal status as inheritance objects in the national legal system or contemporary fiqh. This study uses a qualitative method based on a literature review with a normative-dogmatic approach to analyze the Qur'an, Hadith, fiqh rules, contemporary literature, and Indonesian regulations related to digital assets and economic rights. The results of the study show three main findings: (1) normatively, digital assets meet the criteria of māl mutaqawwam based on QS. al-Nisā' [4]:7; 11–12, the principles of al-aṣl fī al-asyyā’ al-ibāḥah, al-‘ādah muḥakkamah, and analogy to ḥuqūq māliyah, making them valid objects of inheritance; (2) the mechanism of digital inheritance requires asset inventory, access assurance through wills/digital executors, distribution in accordance with sharia provisions, and privacy protection as an implementation of the principle of ḥifẓ al-‘irḍ; and (3) there is a need for legal harmonization through the establishment of national regulations, the formulation of comprehensive fatwas, and the improvement of digital literacy among the public. [Penelitian ini bertujuan untuk mengkaji legalitas aset digital dalam perspektif hukum Islam dan hukum positif Indonesia, serta menganalisis kedudukannya sebagai objek waris menurut hukum Islam kontemporer. Perkembangan teknologi digital melahirkan bentuk kekayaan baru seperti cryptocurrency, NFT, dompet elektronik, dan akun digital bernilai ekonomi yang belum memiliki kejelasan status hukum sebagai objek waris dalam sistem hukum nasional maupun fikih kontemporer. Penelitian ini menggunakan metode kualitatif ber…
subject: Articles
  topic: section
subject: Digital Assets
  topic: keywords
subject: Inheritance
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Positive Law
  topic: keywords
subject: Digital Inheritance
  topic: keywords
creator: Dody Pratama
creator: Saipudin
rights: Copyright (c) 2025 Dody Pratama, Saipudin https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-18
publication date: 2025-12-18
starting page: 286
ending page: 308
doi: 10.32332/istinbath.v22i02.art03

Fatwa, Default, and Legal Certainty: A Study of Normative-Practical Gaps in the Resolution of Non-Performing Loans in Sharia Microfinance Institutions
type: item
description: This study aims to analyze the forms of default in Islamic financing, particularly murābaḥah transactions (mutually beneficial transactions) at Baitul Māl wa Tamwīl (BMT) Adzkiya Khidmatul Ummah (AKU) in Metro City, and to examine the normative-practical gap between the settlement mechanisms applied and the provisions stipulated in the DSN-MUI fatwa. This study adopts a qualitative approach, collecting data through interviews, document analysis, and direct observation of murābaḥah financing procedures and default handling. The study’s results show significant differences between the provisions of the DSN-MUI fatwa and the operational practices of BMT. First, late fees are imposed uniformly on all problematic customers, including those who are unable to pay, while DSN-MUI Fatwa No. 47/2005 limits fines only to debtors who are able but negligent (mumāthil). Second, the allocation of penalty funds has not been disclosed transparently, contrary to the provisions of DSN-MUI Fatwa No. 04/2000, which requires clarity on fund usage. Third, there is no classification of debtor ability before sanctions are imposed. Fourth, restructuring, which is recommended as the first step in Sharia-based settlements, is only carried out after three late payments, making penalties the primary response. This study contributes empirically by presenting comprehensive evidence of normative-practical inconsistencies in sharia financing and legal certainty, and conceptually emphasizes the importance of compliance governance in achieving fairness, transparency, and compliance with sharia principles. [Penelitian ini bertujuan untuk menganalisis bentuk-bentuk wanprestasi dalam pembiyaan syariah khususnya transaski murābaḥah (transaksi saling menguntungkan) pada Baitul Māl wa Tamwīl (BMT) Adzkiya Khidmatul Ummah (AKU) Kota Metro serta mengkaji kesenjangan normatif–praktis antara mekanisme penyelesaian yang diterapkan dengan ketentuan yang diatur dalam fatwa DSN-MUI. Penelitian ini menggunakan pendek…
subject: Articles
  topic: section
subject: Murābaḥah
  topic: keywords
subject: Default
  topic: keywords
subject: Normative–Practical Gap
  topic: keywords
subject: DSN–MUI Fatwa
  topic: keywords
subject: Resolution of Problematic Financing
  topic: keywords
creator: Wahyuni
creator: Salma Naqiyya Firaasya
creator: Dwi Rachmawati
creator: Hurin In Nurul Firdausi
rights: Copyright (c) 2025 Wahyuni, Salma Naqiyya Firaasya, Dwi Rachmawati, Hurin In Nurul Firdausi https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-31
publication date: 2025-12-31
starting page: 576
ending page: 604
doi: 10.32332/istinbath.v22i02.art07

Legal Protection in Specified-Term Employment Contracts: Striking a Balance between Workers' Rights and Obligations
type: item
description: Specified-term employment contracts (PKWT) have been a common practice in modern employment schemes. However, this practice poses challenges in fulfilling the workers’ normative rights. This study evaluates the effectiveness of legal protection for workers bound by PKWT within the framework of Indonesian labor law, particularly following the enactment of the Job Creation Law. Using a legal-normative approach and analyzing regulations, court rulings, and labor law literature, this study maps the structural vulnerabilities faced by contract workers. The research findings indicate that PKWT is often inconsistently applied to permanent jobs, extended beyond the time limit, and sometimes includes unilateral clauses in contracts, which are detrimental to workers. Outsourcing practices further worsen workers' bargaining position, especially when combined with ill-defined PKWT schemes that create quasi-permanent employment status. Many workers face legal uncertainty, lack of social security, and no access to severance pay or maternity protection. Labor inspections have proven unreliable in preventing systemic violations, due to limited enforcement resources and overlapping regulations. On the other hand, the application of market flexibility logic that dominates the Job Creation Law actually weakens the principle of industrial relations justice. Therefore, a redesign of the PKWT legal protection system is essential to ensure it is more responsive to workers' structural vulnerabilities and to guarantee clarity in norms, effective oversight mechanisms, and collective protection through labor unions.
subject: Articles
  topic: section
subject: Legal Protection
  topic: keywords
subject: Specified-Term Employment Contracts
  topic: keywords
subject: Workers
  topic: keywords
subject: Rights and Obligations
  topic: keywords
creator: Dahris Siregar
rights: Copyright (c) 2025 Dahris Siregar https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 85
ending page: 106
doi: 10.32332/istinbath.v22i01.10252

Love Scam as a Manifestation of Online Gender-Based Violence: Aligning Legislation to Ensure Victim Protection
type: item
description: Love scams, increasingly prevalent in Indonesia, represent a new form of gender-based violence in the digital world. This study aims to trace the history of love scams as a manifestation of online gender-based violence, identify the patterns of manipulation used, and assess the adequacy of legal protection for victims within the framework of applicable regulations. Using a legal-normative approach and qualitative content analysis, this research examines secondary data consisting of legal regulations, court rulings, and actual case studies involving victims. Findings show that love scams not only have financial consequences but also leave deep psychological trauma due to emotional manipulation in fictitious relationships. This pattern of violence is formed through five stages: creating an attractive identity, seduction, requests for money, online sexual harassment, and the revelation of lies. However, the three main legal instruments in Indonesia—the TPKS Law, the ITE Law, and the Penal Code—do not explicitly regulate love scams as digital gender-based violence, leaving legal loopholes that harm victims. This study emphasizes the importance of harmonizing regulations with the principle of responsive law, so that legal protection is more adaptive to technological developments and the complexity of gender-based violence in cyberspace.
subject: Articles
  topic: section
subject: Love Scam
  topic: keywords
subject: Online Gender-Based Violence
  topic: keywords
subject: KGBO
  topic: keywords
subject: Legal Protection
  topic: keywords
creator: Maulidia Mulyani
rights: Copyright (c) 2025 Maulidia Mulyani https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 107
ending page: 136
doi: 10.32332/istinbath.v22i01.10739

The Controversy of the Death Penalty for Narcotics Dealers: A Review of Indonesian Criminal Law and Islamic Criminal Law
type: item
description: <span style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-ascii-theme-font: major-bidi; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: major-bidi; mso-bidi-font-family: Arial; mso-bidi-theme-font: minor-bidi; mso-font-kerning: 1.0pt; mso-ligatures: standardcontextual; mso-ansi-language: EN-ID; mso-fareast-language: ZH-CN; mso-bidi-language: AR-SA;">This study explores the application of the death penalty to narcotics traffickers within the frameworks of Indonesian national criminal law and Islamic criminal law. Under Law Number 35 of 2009 <span lang="EN-US" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-ascii-theme-font: major-bidi; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: major-bidi; mso-bidi-font-family: Arial; mso-bidi-theme-font: minor-bidi; mso-font-kerning: 1.0pt; mso-ligatures: standardcontextual; mso-ansi-language: EN-US; mso-fareast-language: ZH-CN; mso-bidi-language: AR-SA;">concerning<span style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-ascii-theme-font: major-bidi; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: major-bidi; mso-bidi-font-family: Arial; mso-bidi-theme-font: minor-bidi; mso-font-kerning: 1.0pt; mso-ligatures: standardcontextual; mso-ansi-language: EN-ID; mso-fareast-language: ZH-CN; mso-bidi-language: AR-SA;"> Narcotics, the death penalty is<span lang="EN-US" style="font-size: 12.0pt; line-height: 107%; font-family: 'Times New Roman',serif; mso-ascii-theme-font: major-bidi; mso-fareast-font-family: Calibri; mso-fareast-theme-font: minor-latin; mso-hansi-theme-font: major-bidi; mso-bidi-font-family: Arial; mso-bidi-theme-font: minor-bidi; mso-font-kerning: 1.0pt; mso-ligatures: standardcontextual; mso-ansi-language: EN-US; mso-fareast-language: ZH-CN; mso-bidi-language: AR-SA;"> imposed<s…
subject: Articles
  topic: section
subject: Death Penalty
  topic: keywords
subject: Narcotics Dealers
  topic: keywords
subject: National Criminal Law
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
subject: Ta'zir
  topic: keywords
creator: Safaruddin Harefa
rights: Copyright (c) 2025 Safaruddin Harefa https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 61
ending page: 84
doi: 10.32332/istinbath.v22i01.10346

The Urgency of Consumer Protection in Electronic Transactions in Online Gaming: Positive Law and Islamic Law Perspectives
type: item
description: Electronic transactions in online games have been an issue in modern digital transactions. Consumers who purchase electronic balances, especially through third parties, often experience losses, while an effective legal protection mechanism is absent. This condition therefore creates legal uncertainty, injustice, and psychological risks for consumers. This study analyzes the urgency of consumer protection against problematic electronic transactions in online games, from both the perspective of positive law and that of the maqāṣid al-syarī‘ah. This study is categorized as normative juridical legal research, employing statutory and conceptual approaches. Primary legal materials were sourced from Law No. 8 of 1999 concerning Consumer Protection and Law No. 1 of 2024 concerning Electronic Information and Transactions, while secondary legal materials comprised literature, journals, and relevant articles. The results indicate that current regulations remain suboptimal in protecting digital consumers, particularly for intangible and cross-border transactions. From the perspective of maqāṣid al-syarī‘ah, the loss of electronic balance without clear accountability is a violation of the principles of property protection (hifẓ al-mal), protection of reason (hifẓ al-aql), and protection of life (hifẓ al-nafs). Therefore, regulatory reform to address the challenges of digital transaction development and the application of the principles of maqāṣid al-syarī‘ah is required to ensure justice, welfare, and stability for consumers.
subject: Articles
  topic: section
subject: Consumer Protection
  topic: keywords
subject: Electronic Transaction
  topic: keywords
subject: Maqāṣid al-Syarī‘ah
  topic: keywords
creator: Muhammad Hishnul Islam
creator: Aditia Prastyan Supriadi
creator: Miftahul Huda
rights: Copyright (c) 2025 Muhammad Hishnul Islam, Aditia Prastyan Supriadi, Miftahul Huda https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 210
ending page: 229
doi: 10.32332/istinbath.v22i01.10625

The Social and Philosophical Values of the Positivization of Islamic and Customary Law in Indonesia
type: item
description: The complexity of the positivization of Islamic and customary law in Indonesia’s national legal system is not merely normative. However, it is also significantly influenced by social, political, and ideological factors. Although Islamic and customary law have considerable potential to contribute to the development of the national legal system, their integration often fluctuates depending on the prevailing political-legal configuration. This inconsistency underscores the importance of a socio-philosophical approach to understanding how moral values, cultural norms, and socio-political interests shape a national legal system that is both just and contextually relevant. This article explores the socio-philosophical dynamics of positivizing Islamic and customary law within Indonesia's national legal framework. Employing a qualitative approach and literature-based research method, this study focuses on three main issues: first, the position of Islamic and customary law in the development of national law; second, the process of their positivization; and third, a socio-philosophical analysis of that process. The socio-philosophical approach examines how moral values, cultural traditions, and socio-political interests influence legal positivization. The study finds that Islamic and customary laws interact constructively in developing the national legal system. However, the positivization process remains fluid and contingent on the prevailing political and legal climate. Furthermore, the socio-philosophical perspective reveals that incorporating Islamic and customary law reflects the nation's social structure, divine values and cultural identity. This approach is essential for understanding legal development holistically, ensuring that national law is not only formally just but also socially and culturally relevant.
subject: Articles
  topic: section
subject: Customary Law
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: National Law
  topic: keywords
subject: Legal Positivization
  topic: keywords
subject: Socio-Philosophical Approach
  topic: keywords
creator: Nur Alifah
creator: Roibin
rights: Copyright (c) 2025 Nur Alifah, Roibin https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-09
publication date: 2025-12-09
starting page: 263
ending page: 285
doi: 10.32332/istinbath.v22i02.art02

Law Enforcement against Children as Perpetrators of Victim Blaming in Sexual Violence Cases
type: item
description: This study critically examines the phenomenon of children as perpetrators of victim blaming in cases of sexual violence. This dimension has received only a small portion of attention in legal and child protection policy studies. Using an empirical legal approach that combines normative analysis, case studies, and conceptual analysis, this study evaluates the effectiveness of the law enforcement system against children involved in blaming victims of sexual violence. The findings show that although there is a fairly progressive legal framework through Law Number 11 of 2012 concerning the Criminal Justice System for Children, its implementation has not substantively addressed the symbolic aspects of violence. First, legal narratives tend to place children as perpetrators in general, without considering the socio-cultural context behind victim blaming. Second, the penal system remains textual and lacks a rehabilitative approach consistent with restorative justice principles. Third, diversion mechanisms have not been optimized to address child perpetrators in cases of victim blaming as non-physical violence. Fourth, the weak literacy of law enforcement officials regarding the psychosocial and symbolic dimensions of violence results in responses that are procedural and non-transformative. This study suggests reinforcing legal interventions based on moral education, social recovery, and cross-sectoral involvement to prevent the replication of symbolic violence by children in their social spaces.
subject: Articles
  topic: section
subject: Law Enforcement
  topic: keywords
subject: Child Perpetrators
  topic: keywords
subject: Victim Blaming
  topic: keywords
creator: Pinta Prasetyaning Darma Fitri
creator: Rini Fathonah
creator: Gidayani
creator: Fristia Berdian Tamza
rights: Copyright (c) 2025 Pinta Prasetyaning Darma Fitri, Rini Fathonah, Gidayani, Fristia Berdian Tamza https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 190
ending page: 209
doi: 10.32332/istinbath.v22i01.10569

Integration of Blockchain Technology in the Criminal Justice System: Challenges of Regulation, Data Security, and Legitimacy of Digital Evidence
type: item
description: The development of digital technology has brought significant changes to the criminal justice system, particularly in the management of digital evidence. However, challenges such as data manipulation, evidence validity, and storage security remain significant issues. Blockchain, a technology that offers transparency, security, and data traceability, has great potential for application in the criminal justice system for more effective digital evidence management. This study aims to analyze the application of blockchain in the criminal justice system, particularly in relation to the validity of evidence, integrity, and digital evidence management. The methods used include a literature review and comparative analysis of conventional systems and blockchain-based models. The findings show that the implementation of blockchain can improve the security and protection of digital evidence through hashing and encryption mechanisms that are difficult to manipulate. In addition, this technology enables the decentralized recording of digital evidence transactions, thereby reducing the risk of abuse by certain parties. Therefore, the adoption of blockchain technology in the criminal justice system has the potential to strengthen the credibility and efficiency of the legal evidence process. [Perkembangan teknologi digital telah membawa perubahan signifikan pada sistem peradilan pidana, terutama dalam pengelolaan bukti digital. Namun, tantangan seperti manipulasi data, validitas bukti, dan keamanan penyimpanan tetap menjadi masalah utama. Blockchain, sebagai teknologi yang menawarkan transparansi, keamanan, dan jejak data, memiliki potensi besar untuk diterapkan dalam sistem peradilan pidana guna pengelolaan bukti digital yang lebih efektif. Artikel ini bertujuan untuk menganalisis penerapan blockchain dalam sistem peradilan pidana, khususnya terkait validitas bukti, integritas, dan pengelolaan bukti digital. Metode yang digunakan meliputi tinjauan literatur dan analisis perbanding…
subject: Articles
  topic: section
subject: Blockchain
  topic: keywords
subject: Criminal Justice System
  topic: keywords
subject: Digital Evidence Management
  topic: keywords
subject: Data Security
  topic: keywords
creator: Robby Malaheksa
creator: Heni Siswanto
creator: Agus Triono
rights: Copyright (c) 2025 Robby Malaheksa, Heni Siswanto, Agus Triono https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-12-23
publication date: 2025-12-23
starting page: 357
ending page: 575
doi: 10.32332/istinbath.v22i02.art06

Juridical Analysis of Inkracht Decision on Hadhanah Rights in Kepahiang Religious Court
type: item
description: This study aims to analyse the inkracht decision related to hadhanah rights at the Kepahiang Religious Court and assess the legal certainty provided in the case. The focus of this study is how judges consider aspects of Islamic law and positive law in deciding post-divorce hadhanah cases. The research method used is normative juridical research with a case study approach. Data was obtained through interviews with judges, review of court decision documents, and analysis of relevant laws and regulations. The results showed that the judge's decision in the case of hadhanah rights at the Kepahiang Religious Court emphasised the aspects of the benefit of the child, but there were still challenges in the implementation of the decision, especially regarding the implementation of the father's maintenance obligations. In addition, although Islamic law and positive law have clearly regulated hadhanah, social and economic factors often affect the effectiveness of the implementation of decisions in the community. The conclusion of this study is that although the hadhanah decision in the Kepahiang Religious Court has provided legal certainty for the disputing parties, its implementation still requires supervision and a stronger law enforcement mechanism so that children's rights are protected. Therefore, an active role is needed from the legal apparatus and related institutions in ensuring the implementation of fair and equitable decisions.
subject: Articles
  topic: section
subject: Hadhanah, Inkracht Decision, Legal Certainty, Religious Court
  topic: keywords
creator: Sidiq Aulia
rights: Copyright (c) 2024 Sidiq Aulia https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-12-31
publication date: 2024-12-31
starting page: 157
ending page: 176
doi: 10.32332/istinbath.v21i02.10364

The Urgency of Village-Level Mediators in Reducing Divorce Rates on North Central Java
type: item
description: Marital issues are complex and, therefore, require careful handling to prevent divorce. This research explores effective strategies for managing household conflicts in Indonesia, particularly in the northern coastal regions of Java, with a focus on the role of Modin (religious community leaders) and the influence of customary law and positive law as mediation. The method used in this research is an empirical juridical approach, which includes the collection of primary and secondary data, case studies, interviews, and policy analysis. The results of the study show that while customary law has provided solutions to many societal issues, globalization and technology have encouraged communities to lean more on positive law in conflict resolution, even in traditional societies. The Modin plays a crucial role in mediating family conflicts and maintaining peace, while village heads often act as intermediaries in divorce cases, which can affect the village's reputation. The study recommends that villages, through the Modin, conduct mediation as an initial step in addressing household conflicts to prevent divorce and improve conflict-resolution outcomes.
subject: Articles
  topic: section
subject: Family Conflict
  topic: keywords
subject: Divorce
  topic: keywords
subject: Mediator
  topic: keywords
subject: Modin
  topic: keywords
subject: Northern Coast of Java
  topic: keywords
creator: Fadzlurrahman Fadzlurrahman
creator: A. Zaenurrosyid A. Zaenurrosyid
creator: Tali Tulab Tali Tulab
rights: Copyright (c) 2025 Fadzlurrahman, A. Zaenurrosyid, Tali Tulab https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 41
ending page: 60
doi: 10.32332/istinbath.v22i01.10296

https://e-journal.metrouniv.ac.id/istinbath/article/view/10153
type: item
title: The Effectiveness of Sharia Economic Dispute Resolution in the Commercial Court related to Sharia Bankruptcy after the Constitutional Court Decision No. 93/PUU-X/2012 concerning Legal Certainty in the Settlement of Sharia Banking Cases
description: This research aims to identify the sources of material and formal law applied in the settlement of sharia economic disputes, evaluate the effectiveness of its implementation, and analyse the obstacles faced by religious courts at various levels. The data used includes cases in several religious courts and commercial courts in Indonesia in the period 2014-2020. This research uses a qualitative method with a descriptive-analytical approach. Data were collected through document studies, interviews with religious court judges, and a review of relevant laws and regulations. Analyses were conducted to evaluate the application of material and formal law in dispute resolution, as well as to identify obstacles faced by religious courts in practice. The results of the study show that the material legal sources used in resolving sharia economic disputes include the Qur'an, Hadith, DSN-MUI fatwas, laws and regulations, and jurisprudence. Formal legal sources still depend on HIR/RBg as well as special regulations such as PERMA No. 14 of 2016. The religious court institutionally has shown readiness by increasing human resources, applying technology through e-courts, as well as efforts to provide technical guidance and certification of sharia economic judges. Religious courts have great potential to become the main institution in resolving sharia economic disputes. Improving regulations, codifying procedural law, and establishing sharia commercial courts in the future are needed to ensure legal certainty and efficiency of the dispute resolution process.
subject: Articles
  topic: section
subject: Sharia Economic Disputes, Religious Courts, Islamic Law, E-Courts
  topic: keywords
creator: Harry Yuniardi
creator: Muhamad Kholid
creator: Laras Shesa
rights: Copyright (c) 2024 Harry Yuniardi, Muhamad Kholid, Laras Shesa https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-12-30
publication date: 2024-12-30
starting page: 133
ending page: 156
doi: 10.32332/istinbath.v21i02.10153

Legal Responsibility of the Penghulu in Same Sex Marriage Involving Fake Identity in Batam City
type: item
description: Marriage is a physical and emotional bond between a man and a woman that aims to build a happy, lasting family. Such a bond should be seen not only as a way of satisfying biological need, but also as the marriage’s purpose to produce offspring. This research aims to analyze the legal responsibility of the Head of the Religious Affairs Office (KUA) and the Penghulu in Sei Beduk Sub-district, Batam City, for same-sex marriage involving fake identities. Then, what is the legal status of such marriages, and what legal remedies can be pursued? This research uses a field study method with an empirical juridical approach. Primary data was obtained from the Head of KUA and Penghulu in Sei Beduk Sub-district, Batam City. Secondary data were obtained from relevant books, journal articles, theses, and dissertations. The data were collected through interviews and documentation and analyzed using a qualitative-inductive method. The results show that same-sex marriages are invalid in terms of religious norms, and do not fulfill the requirements of the applicable laws and regulations. In terms of culture and noble values that live in the soul of the Indonesian nation, similar marriages are also seen as contradictory. To demonstrate legal responsibility, the Head of KUA/Penghulu of Sei Beduk Subdistrict, Batam City, as an interested party, has applied to the Religious Court of Batam City for the annulment of the marriage after realizing that it was defective under Islamic law and national legislation. In the decision of the Batam City Religious Court No. 60/Pdt.G/2013/PA.Btm, the same-sex marriage that took place at the KUA of Sei Beduk Subdistrict, Batam City, was finally annulled, resulting in the status of the marriage being deemed nonexistent.
subject: Articles
  topic: section
subject: Penghulu
  topic: keywords
subject: Same-Sex Marriage
  topic: keywords
subject: Legal Responsibility
  topic: keywords
creator: Muhammad Widarto
creator: Rina S. Shahrullah
creator: Elza Syarief
rights: Copyright (c) 2025 Muhammad Widarto, Rina S. Shahrullah, Elza Syarief https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 1
ending page: 21
doi: 10.32332/istinbath.v21i02.10099

Justice for PLHIV Workers: Islamic and National Legal Approaches to Protecting Labor Rights
type: item
description: Discrimination against individuals living with HIV/AIDS (PLHIV) in the workplace constitutes a grave violation of the principles of justice and non-discrimination upheld by both national and Islamic legal systems. This study examines the legal protection of PLHIV’s labor rights from the perspectives of national law and Islamic jurisprudence, and evaluates the extent to which the principle of justice is reflected in employment practices across Indonesia. Employing a normative juridical approach, this research collected data from a literature review of national regulations, human rights principles, and the objectives of Islamic law (maqāṣid al-sharī‘ah). The findings reveal that despite the existence of legal protection, its implementation remains insufficient. Discrimination resulting in recruitment rejections, employment terminations, and restricted career advancement persists. These conditions have been exacerbated by societal stigma and weak legal enforcement. From the perspective of Islamic law, the imperatives of ḥifẓ al-nafs (protection of life) and ḥifẓ al-‘ird (protection of dignity) underscore the necessity of equitable treatment for all individuals. The study recommends an integrative approach that combines national and Islamic legal frameworks to ensure more comprehensive and just protection for PLHIV workers. Reinforcing regulatory mechanisms, eliminating HIV-negative certification requirements in hiring processes, and conducting widespread public education are essential steps toward fostering a more inclusive, stigma-free work environment.
subject: Articles
  topic: section
subject: Justice Protection
  topic: keywords
subject: PLHIV
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: National Law
  topic: keywords
subject: Discrimination
  topic: keywords
creator: Yoga Saputra
creator: Andi Agung Mallongi
creator: Mukhlisah Amin
rights: Copyright (c) 2025 Yoga Saputra, Andi Agung Mallongi, Mukhlisah Amin https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 165
ending page: 189
doi: 10.32332/istinbath.v22i01.10059

Deviation Of Marriage Age Issues in Indonesia (Integration Review of Maqashid Sharia and Positive Law)
type: item
description: This research will answer two research questions, first: what are the rules regarding marriage dispensation in Indonesia and secondly, how is the problem of "marriage age deviation" based on the principle of fulfilling the principle of the best interests of the child and the urgent reasons for requesting marriage dispensation in the Religious Courts in terms of positive law and Islamic law (maqashid syariah). This application is submitted in a child marriage which is a marriage carried out at the age of a child. A child is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. This application is submitted by the applicant's parents (the bride and groom are under 19 years old). This study has not been discussed in terms of marriage age deviation. With qualitative research methods and data collection from the literature, the study shows that the existence of rules for implementing marriage age deviations causes the marriage dispensation option to give rise to new problems that have not been clearly and explicitly regulated in marriage regulations or child protection laws in Indonesia. From the perspective of maqashid sharia, this problem is not in accordance with maqashid khamsah, especially hifz al-nafs and hifz al-nasl.
subject: Articles
  topic: section
subject: Deviation, Marriage Age, Maqashid Syariah
  topic: keywords
creator: Nurul Aini Octavia
creator: Wardatun Nabilah
creator: Martia Lestari
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0/
date: 2023-12-30
publication date: 2023-12-30
starting page: 1
ending page: 20
doi: 10.32332/istinbath.v20i02.10009

Direct Zakat in the Context of Hablun Minallah Wa Hablum Minannas
type: item
description: Paying zakat to those who can afford it is a religious way to prevent wealth from accumulating only for certain people. Many zakat institutions have problems in collecting and distributing it. In response, some muzakki (zakat payers) have chosen to directly distribute zakat to mustahiq (eligible recipients). This study aims to explore the phenomenon of direct zakat distribution within the context of Hablum Minallah (relationship with Allah) and Hablum Minannas (relationship with fellow humans) and to examine its implications for zakat institutions. The research method used in this study is a literature review, gathering relevant references on the topic. The study focuses on direct zakat distributed to the community and on zakat institutions operating in Padang Pariaman Regency, West Sumatra. The findings of this study suggest that direct zakat distribution within the context of Hablum Minallah and Hablum Minannas not only serves as an expression of devotion to Allah but also fosters greater connection and care between muzakki and the surrounding community receiving zakat. Additionally, the study examines the implications of direct zakat on zakat institutions, recommending that these institutions develop more concrete programs and engage in stronger collaboration with all relevant stakeholders.
subject: Articles
  topic: section
subject: Direct Zakat, Hablum Minallah, Hablum Minannas
  topic: keywords
creator: Miftahurrahmah Miftahurrahmah
creator: Riska Fauziah Hayati
creator: Abdul Karim Hidayatullah
creator: Muhammad Rais
rights: Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0/
date: 2023-06-06
publication date: 2023-06-06
starting page: 123
ending page: 137
doi: 10.32332/istinbath.v20i01.10007

Coercive Coercion Rhetoric as a Reason for Criminal Abolition (Analysis of LGBT Group Sexual Activity Deviations)
type: item
description: Sexual behavior is a deviant behavior, basically an abnormal sexual orientation in general. Sexual orientation itself is a tendency that leads to a sense of attraction, romance, emotional and sexual to men, women, or a combination of both. This deviant sexual behavior is carried out by people who have a deviant sexual orientation, which is then known as the LGBT group (Lesbian, Gay, Bisexual, and Transgender/ Transsexual). This research is Normative Law research; the data in this research is secondary data obtained from library materials using library research as a theoretical basis related to the problem researched by the author. The research results show that, First, there is a correlation between physical or biological disabilities and deviant sexual activity in LGBT people. Second, deviations from the sexual activities of LGBT people due to physical or biological defects must be seen as a reason for the abolition of punishment due to coercive force, as stipulated in Article 48 of the Criminal Code, must be seen as coercive forces because deviations from the sexual activities of LGBT people are carried out by encouragement. from within LGBT people which they cannot avoid, just as an act cannot be avoided due to factors within the perpetrator of the criminal act, the meaning of coercive force which has so far been interpreted as coming from within the perpetrator must be reorganized so that it also includes power. Force that comes from within the maker.
subject: Articles
  topic: section
subject: Sexual behavior, Physical defects, LGBT, Criminal Abolition
  topic: keywords
creator: M. Surya Darma
creator: Rajin Sitepu
rights: Copyright (c) 2024 M. Surya Darma, Rajin Sitepu https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-12-06
publication date: 2024-12-06
starting page: 115
ending page: 132
doi: 10.32332/istinbath.v21i02.9996

The Role of Balinese Customary Law as a Social Institution for Immigrants and Tourists: Sanctions in Awig-Awig Against Krama Adat, Krama Tamiyu, and Tamiyu
type: item
description: The Balinese customary law is vital as a social institution regulating interactions between newcomers, tourists, and the local community. This research explores the sanctions embedded in the awig-awig (customary regulations) concerning three categories of society: krama adat (Indigenous community members), krama tamiyu (local residents), and tamiyu (newcomers/tourists). The study addresses numerous cases that have disrupted the societal balance, highlighting the need to examine the position of Balinese customary law in addressing such phenomena. Utilizing a sociolegal research method, this research reviews Bali Regional Regulation No. 4 of 2019 concerning Balinese Traditional Villages to conceptually assess the authority of traditional villages in enforcing these regulations towards indigenous communities and newcomers, coupled with the occurrences observed within society.
subject: Articles
  topic: section
subject: Balinese Customary Law, Social Institutions, Awig-Awig, Krama Adat, Krama Tamiyu, Tamiyu
  topic: keywords
creator: Dewa Gede Edi Praditha
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-07-31
publication date: 2024-07-31
starting page: 176
ending page: 187
doi: 10.32332/istinbath.v21i1.9895

The Law of Inheritance of Monetized YouTube Channels in Indonesia: Exploring Legal Theory and Crowdfunding Theory
type: item
description: YouTube has become a non-physical, inheritable asset, as it carries economic value and can be transferred through inheritance. This study examines the division and management of royalties from monetized YouTube channels under Indonesian positive law for heirs. It also analyzes the technical distribution and management of royalties according to crowdfunding theory. This research adopts a normative juridical approach, drawing on legislative and conceptual frameworks. Primary legal materials include Law No. 28 of 2014 concerning Copyright and the Compilation of Islamic Law. The study's findings reveal that 1) under copyright law, royalty management for monetized YouTube channels containing musical content can be conducted through a collective management institution, while there is no specific institution managing video content royalties for heirs. The Compilation of Islamic Law suggests an amicable settlement as an alternative resolution if Articles 176-182 and 185 are not applicable; 2) Crowdfunding can be applied by consolidating the shares or portions of each heir within a single monetized YouTube channel, managed by one heir as the content creator. Royalties earned from the channel are then distributed to each heir based on the share percentages outlined in Articles 176-182 of the Compilation of Islamic Law.
subject: Articles
  topic: section
subject: Crowdfunding
  topic: keywords
subject: Positive Law
  topic: keywords
subject: Inheritance
  topic: keywords
subject: YouTube
  topic: keywords
creator: Zaky Ramadhan
creator: Syabbul Bachri
creator: Dwi Fidhayanti
rights: Copyright (c) 2025 Zaky Ramadhan, Syabbul Bachri, Dwi Fidhayanti https://creativecommons.org/licenses/by-sa/4.0/
date: 2025-06-30
publication date: 2025-06-30
starting page: 137
ending page: 164
doi: 10.32332/istinbath.v22i01.9886

The Implementation of Waqf Law within the Framework of Indonesia's Legal State: An Analysis of Pancasila Values
type: item
description: This study aims to explore the preservation of waqf in Indonesia, which plays a crucial role in supporting social welfare and community development, while considering Pancasila as the state ideology. The research seeks to analyze how Islamic legal principles are integrated into waqf preservation in relation to Pancasila values and to understand the interaction between these two value systems within the national legal framework. The study employs a qualitative analysis method with a literature review approach. Data is gathered through an examination of relevant laws and government regulations, as well as fatwas and guidelines concerning waqf and pancasila. The analysis focuses on evaluating the connection between Islamic principles related to waqf preservation and the implementation of Pancasila values within the Indonesian legal system. The research aims to identify and explain the relationship between Islamic legal principles regarding waqf and Pancasila values and to assess how Pancasila values support and enhance the preservation of waqf in Indonesia. The findings reveal that Pancasila values, particularly the principles of social justice and humanity, align with Islamic principles in the preservation of waqf. Pancasila serves as an ethical framework that supports fair and transparent waqf implementation, ensuring that waqf not only complies with Islamic law but also contributes to sustainable social welfare. The study also identifies that integrating Islamic principles with Pancasila values in waqf management can improve the effectiveness of waqf preservation and strengthen the legal and social foundation in Indonesia.
subject: Articles
  topic: section
subject: Waqf Implementation, Islamic Law, Pancasila Values
  topic: keywords
creator: Miskari
rights: Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-07-31
publication date: 2024-07-31
starting page: 155
ending page: 175
doi: 10.32332/istinbath.v21i1.9876

Muli Mekhanai Sekuakhian Paradigm as Ta'aruf Method in Lampung Pepadun Indigenous People in Maqashid Al-Shari'ah
type: item
description: Sekuakhian activities are customary of the Lampung Pepadun community as a method to choose potential partners that have been carried out by their predecessors. However, with the development of people's lifestyles, so that this activity often causes different sites from previous habits, therefore, it is interesting to study in depth the socio-philosophy of this custom, in order to get its true meaning. The problem is how to implement the customary sekuakhian muli mekhanai in the review of maqashid al-shari'ah? The purpose of this study is to examine in depth the paradigm of the indigenous people of Lampung Pepadun in the sekuakhian muli mekhanai in the review of maqashid al-shari'ah. This research is in the form of qualitative field research taken from primary data taken from indigenous people of Lampung Pepadun, while the skunder data is from the results of written works both books, journals and other articles related to the Lampung Pepadung custom, especially about sekuakhian customs.The result of this study is that the paradigm of the indigenous people of Lampung Pepadun about the sekuakhian muli mekhanai is a method for choosing a life partner, which if viewed in the study of maqasid al-shari'ah philosophically does not actually contradict the law of shari'a, but because this activity then underwent a paradigm shift, until then there were several things that plunged into things that led to the action that forbidden by religion.
subject: Articles
  topic: section
subject: Paradigm
  topic: keywords
subject: sekuakhian muli mekhanai
  topic: keywords
subject: maqasid al-shari'ah
  topic: keywords
creator: Agus Hermanto
creator: Rudi Santoso
creator: Rochmad
creator: Rita Zaharah
rights: Copyright (c) 2024 Agus Hermanto, Rudi Santoso, Rochmad, Rita Zaharah https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-11-14
publication date: 2024-11-14
starting page: 20
ending page: 39
doi: 10.32332/istinbath.v21i02.9850

Comparison of Derivative Action Regulations in Indonesia and South Korea in Providing Legal Protection for Minority Shareholders
type: item
description: The board of directors can harm the interests of minority shareholders considering that shareholders are passive parties who do not participate in managing the company, thus there is a possibility of infringing upon the rights of the shareholders. A derivative action is a lawsuit by a shareholder on behalf of and representing the corporation against members of the board of directors who have made mistakes that resulted in losses to the corporation. Derivative action plays an important role in providing balanced protection for minority shareholders. The purpose of the research is to find a comparison of the regulation of derivative actions in Indonesia and South Korea in providing legal protection for minority shareholders. The research methodology uses a normative juridical method with a comparative research type. The research results indicate that the quality of protection for minority shareholders can be seen based on the jurisdiction of each country, which is rooted in the system used by that country. The fundamental difference between derivative action in Indonesia and Korea is that South Korean law has regulations regarding public shareholders who can file derivative lawsuits, with the requirement that they must have been shareholders for at least 6 consecutive months. In contrast, Indonesia does not have any regulations regarding this matter.
subject: Articles
  topic: section
subject: Legal Protection, Derivative Lawsuit, Minority Shareholders
  topic: keywords
creator: Melisa Dwi Putri
creator: Muhammad Fahmi Reksa Al Farisi
rights: Copyright (c) 2024 Melisa Dwi Putri; Muhammad Fahmi Reksa Al Farisi https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-11-14
publication date: 2024-11-14
starting page: 40
ending page: 54
doi: 10.32332/istinbath.v21i02.9849

Legal Study on the Oversight of Overloaded Motor Vehicles: Efforts to Protect Road Safety and Infrastructure
type: item
description: The oversight of motor vehicles exceeding weight limits is critical in safeguarding road safety and protecting infrastructure from premature damage. Overloaded vehicles are a common issue, contributing significantly to accidents and accelerated road deterioration, which incurs high repair costs and disrupts public transport and logistics. This study examines the legal frameworks and regulatory practices aimed at controlling vehicle overloading in Indonesia. Utilizing a normative juridical approach, the research reviews pertinent laws, regulations, and real-world cases involving load limit violations to gain insights into the effectiveness of existing policies. Findings reveal that while stringent load regulations are in place, enforcement remains inconsistent due to various limitations, including outdated monitoring technology, insufficient human resources, and challenges in coordinating between regulatory agencies. The research identifies critical obstacles in the current oversight mechanisms, such as a lack of real-time data collection and limited roadside weighing facilities, which hinder comprehensive monitoring. Furthermore, penalties for overloading are often inadequate to deter repeat violations. Based on these findings, this study recommends a multi-faceted approach to strengthen vehicle load regulation enforcement. Suggested improvements include upgrading monitoring technology, such as installing automatic weigh-in-motion systems, increasing the frequency and coverage of roadside inspections, and implementing more severe penalties to enhance deterrence. Additionally, the study emphasizes the need for inter-agency coordination and public awareness campaigns to foster compliance among vehicle operators. Through these initiatives, Indonesia can better protect its roadways, ensuring both road safety for all users and the long-term sustainability of its infrastructure.
subject: Articles
  topic: section
subject: Motor Vehicle Oversight, Road Safety, Infrastructure Protection
  topic: keywords
creator: Imam Mukhlisin
creator: Muhammad Hariri
creator: Sainul
rights: Copyright (c) 2024 Imam Mukhlisin, Muhammad Hariri, Sainul https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-11-14
publication date: 2024-11-14
starting page: 55
ending page: 70
doi: 10.32332/istinbath.v21i02.9847

Adaptation of Islamic Criminal Law in Facing Digital Economic Crime in the Era of Technological Disruption
type: item
description: The rapid development of digital technology has significantly impacted various aspects of life, including the economy, but it has also given rise to complex digital economic crimes. This research examines the adaptation of Islamic criminal law in facing the challenges of digital economic crimes, such as online fraud, money laundering, and skimming. The method used is qualitative with a descriptive-analytical approach, relying on literature and official documents. The research findings indicate that Islamic criminal law needs to update its definitions and classifications of crimes to include actions in the digital space and apply principles of justice, prevention, rehabilitation, legal certainty, and limitations on punishment. In addition, using technology in law enforcement and international cooperation is crucial in addressing transnational crime. With a comprehensive approach, Islamic criminal law can serve as an effective tool in creating a safer and more just society in the era of technological disruption.
subject: Articles
  topic: section
subject: Islamic Criminal Law
  topic: keywords
subject: Digital Economic Crimes
  topic: keywords
subject: Legal Adaptation
  topic: keywords
subject: Technological Disruption
  topic: keywords
creator: Ahmad Lutfi Rijalul Fikri
rights: Copyright (c) 2024 Ahmad Lutfi Rijalul Fikri https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-11-15
publication date: 2024-11-15
starting page: 71
ending page: 85
doi: 10.32332/istinbath.v21i02.9808

The Concept of Maslahah in the Dynamics of the Rukyah and Hisab Methods for Determining the Beginning of the Lunar Month
type: item
description: Determining the beginning of the lunar month is a significant issue in Islamic tradition, especially in establishing the timing of religious observances such as Ramadan and Eid al-Fitr. The methods used for this determination, namely rukyah (moon sighting) and hisab (astronomical calculation), often lead to differing opinions among Muslims. This paper aims to analyze the dynamics between the rukyah and hisab methods through the lens of the maslahah theory, which emphasizes the achievement of good and the prevention of harm for the community. The analysis shows that the rukyah method is more relevant for determining the beginning of months related to major religious observances, as it aligns with sharia tradition and helps maintain the unity of the Muslim community. Conversely, the hisab method is more efficient for determining the start of months not directly related to religious observances, such as 1 Muharram, as it provides certainty and ease in planning. The conclusion of this paper is that integrating both methods, with an emphasis on their respective contexts, can optimize the maslahah for Muslims, ensure the smooth execution of religious practices, and support unity within the community.
subject: Articles
  topic: section
subject: Maslahah, Rukyah, Hisab
  topic: keywords
creator: Karis Lusdianto
rights: Copyright (c) 2024 Karis Lusdianto https://creativecommons.org/licenses/by-sa/4.0/
date: 2024-09-02
publication date: 2024-09-02
starting page: 102
ending page: 122
doi: 10.32332/istinbath.v20i01.9793