Journal title Istinbath: Jurnal Hukum Editor-in-chief Dr. Sakirman, SHI., MSI DOI 10.32332/istinbath ISSN P-ISSN: 1829-8117 e-ISSN: 2527-3973 Frequency 2 issues per year (June and December) Url https://e-journal.metrouniv.ac.id/istinbath/index E-mail istinbath@metrouniv.ac.id Publisher Faculty of Sharia, IAIN Metro Citation Analysis Sinta 4| Google Scholar| Garuda | Moraref | Crossref | Dimension| Address Journal Center of Universitas Islam Negeri (UIN) Jurai Siwo Lampung, Ki Hajar Dewantara St., Banjar Rejo, Lampung Timur, Lampung, Indonesia 34381 Istinbath: Jurnal Hukum (P-ISSN: 1829-8117; e-ISSN: 2527-3973) is the journal of Fakultas Syariah of Universitas Islam Negeri (UIN) Jurai Siwo Lampung, Indonesia, continuously published every six (6) months (June and December). It was published for the first time in 2004 with a decision letter from STAIN Jurai Siwo Metro Chairman. This journal focuses on strengthening scientific understanding of legal studies and legal transformation in Indonesia, Southeast Asia, and other parts of the world, in the face of contemporary social dynamics, especially issues involving identity, digital technology, social justice, labor law, legal reform, digital property, and legal reform. The focus is directed at three things: the interaction between positive law, Islamic law, and socio-legal studies; a cross-disciplinary approach; and an emphasis on underserved issues and emerging legal problems.
Universitas Islam Negeri (UIN) Jurai Siwo Lampung
Legal Protection in Specified-Term Employment Contracts: Striking a Balance between Workers' Rights and Obligations
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.
Copyright (c) 2025 Dahris Siregar https://creativecommons.org/licenses/by-sa/4.0/
Love Scam as a Manifestation of Online Gender-Based Violence: Aligning Legislation to Ensure Victim Protection
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.
Copyright (c) 2025 Maulidia Mulyani https://creativecommons.org/licenses/by-sa/4.0/
The Controversy of the Death Penalty for Narcotics Dealers: A Review of Indonesian Criminal Law and Islamic Criminal Law
<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<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;"> as a sanction for severe drug-related offences. In Islamic criminal law, punishment falls under ta’zir, which allows the state to<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-US; mso-fareast-language: ZH-CN; mso-bidi-language: AR-SA;"> impose<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;"> discretionary penalties based on the<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;"> gravity<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;"> of the harm caused and the need to protect public welfare. Fatwas issued by the Indonesian Ulema Council (MUI) and the Council of Senior Scholars in Saudi Arabia affirm that capital punishment may be implemented under ta’zir to combat the growing threat of drug trafficking. This research aims to examine the legal foundation and implications of the death penalty in both legal systems, with an emphasis on justice, deterrence, and social protection. The study employs a normative juridical method and a comparative approach, analysing statutory laws and Islamic legal doctrines. Findings reveal that while both systems permit the death penalty, its application must consider broader dimensions such as prevention, rehabilitation, and social consequences. The study concludes that the death penalty, when implemented prudently and within the<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;"> scope<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;"> of legal and ethical standards, can function as a strategic<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;"> instrument<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;"> to address narcotics trafficking. <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;">The death penalty<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;"> should not be viewed merely as a form of retribution, but rather as a comprehensive legal response aimed at preserving social order and public health.
Copyright (c) 2025 Safaruddin Harefa https://creativecommons.org/licenses/by-sa/4.0/
The Urgency of Consumer Protection in Electronic Transactions in Online Gaming: Positive Law and Islamic Law Perspectives
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.
Copyright (c) 2025 Muhammad Hishnul Islam, Aditia Prastyan Supriadi, Miftahul Huda https://creativecommons.org/licenses/by-sa/4.0/
Law Enforcement against Children as Perpetrators of Victim Blaming in Sexual Violence Cases
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.
Copyright (c) 2025 Pinta Prasetyaning Darma Fitri, Rini Fathonah, Gidayani, Fristia Berdian Tamza https://creativecommons.org/licenses/by-sa/4.0/
Juridical Analysis of Inkracht Decision on Hadhanah Rights in Kepahiang Religious Court
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.
Hadhanah, Inkracht Decision, Legal Certainty, Religious Court
Copyright (c) 2024 Sidiq Aulia https://creativecommons.org/licenses/by-sa/4.0/
The Urgency of Village-Level Mediators in Reducing Divorce Rates on North Central Java
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.
Copyright (c) 2025 Fadzlurrahman, A. Zaenurrosyid, Tali Tulab https://creativecommons.org/licenses/by-sa/4.0/
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
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.
Sharia Economic Disputes, Religious Courts, Islamic Law, E-Courts
Copyright (c) 2024 Harry Yuniardi, Muhamad Kholid, Laras Shesa https://creativecommons.org/licenses/by-sa/4.0/
Legal Responsibility of the Penghulu in Same Sex Marriage Involving Fake Identity in Batam City
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.
Copyright (c) 2025 Muhammad Widarto, Rina S. Shahrullah, Elza Syarief https://creativecommons.org/licenses/by-sa/4.0/
Justice for PLHIV Workers: Islamic and National Legal Approaches to Protecting Labor Rights
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.
Copyright (c) 2025 Yoga Saputra, Andi Agung Mallongi, Mukhlisah Amin https://creativecommons.org/licenses/by-sa/4.0/
Deviation Of Marriage Age Issues in Indonesia (Integration Review of Maqashid Sharia and Positive Law)
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.
Deviation, Marriage Age, Maqashid Syariah
Copyright (c) 2023 https://creativecommons.org/licenses/by-sa/4.0/
Direct Zakat in the Context of Hablun Minallah Wa Hablum Minannas
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.
Direct Zakat, Hablum Minallah, Hablum Minannas
Coercive Coercion Rhetoric as a Reason for Criminal Abolition (Analysis of LGBT Group Sexual Activity Deviations)
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.
Sexual behavior, Physical defects, LGBT, Criminal Abolition
Copyright (c) 2024 M. Surya Darma, Rajin Sitepu https://creativecommons.org/licenses/by-sa/4.0/
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
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.
Balinese Customary Law, Social Institutions, Awig-Awig, Krama Adat, Krama Tamiyu, Tamiyu
Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0/
The Law of Inheritance of Monetized YouTube Channels in Indonesia: Exploring Legal Theory and Crowdfunding Theory
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.
Copyright (c) 2025 Zaky Ramadhan, Syabbul Bachri, Dwi Fidhayanti https://creativecommons.org/licenses/by-sa/4.0/
The Implementation of Waqf Law within the Framework of Indonesia's Legal State: An Analysis of Pancasila Values
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.
Waqf Implementation, Islamic Law, Pancasila Values
Muli Mekhanai Sekuakhian Paradigm as Ta'aruf Method in Lampung Pepadun Indigenous People in Maqashid Al-Shari'ah
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.
Copyright (c) 2024 Agus Hermanto, Rudi Santoso, Rochmad, Rita Zaharah https://creativecommons.org/licenses/by-sa/4.0/
Comparison of Derivative Action Regulations in Indonesia and South Korea in Providing Legal Protection for Minority Shareholders
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.
Legal Protection, Derivative Lawsuit, Minority Shareholders
Copyright (c) 2024 Melisa Dwi Putri; Muhammad Fahmi Reksa Al Farisi https://creativecommons.org/licenses/by-sa/4.0/
Legal Study on the Oversight of Overloaded Motor Vehicles: Efforts to Protect Road Safety and Infrastructure
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.
Motor Vehicle Oversight, Road Safety, Infrastructure Protection
Copyright (c) 2024 Imam Mukhlisin, Muhammad Hariri, Sainul https://creativecommons.org/licenses/by-sa/4.0/
Adaptation of Islamic Criminal Law in Facing Digital Economic Crime in the Era of Technological Disruption
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.
Copyright (c) 2024 Ahmad Lutfi Rijalul Fikri https://creativecommons.org/licenses/by-sa/4.0/
The Concept of Maslahah in the Dynamics of the Rukyah and Hisab Methods for Determining the Beginning of the Lunar Month
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.
Copyright (c) 2024 Karis Lusdianto https://creativecommons.org/licenses/by-sa/4.0/
Legal Protection for Victims of Sexual Harassment on Social Media from the Perspective of Islamic Criminal Law
Sexual harassmentn social media has become a significant issue in the context of law and digital security in this era. This phenomenon has the potential to harm individuals seriously and requires effective legal protection. This research uses a qualitative approach, a type of normative juridical research, to explore how current laws and policies handle cases of Sexual harassment on social media. The research results show that even though there is a positive legal framework in place, law implementation and enforcement still face challenges in handling complex cases of Sexual harassment in the digital realm. Protection for victims of Sexual harassment needs to be improved through broader education about digital ethics, increasing law enforcement capacity, and improving regulations that are more responsive to the dynamics of modern social media. From the perspective of Islamic criminal law, the protection of dignity and social justice is also highly upheld, with rehabilitation efforts to change the behavior of perpetrators.
Protection against victims, Sexual Pelecehan, Social Media, Law, Islamic Crime.
Copyright (c) 2024 Epan Apanda, Noor Azizah https://creativecommons.org/licenses/by-sa/4.0/
Problems of the Formulation of Asset Forfeiture Resulting from Corruption Crimes: A Comparative and Conceptual Study
Corruption in Indonesia has long been a severe transnational issue requiring appropriate handling. Although Law No. 31 of 1999 and Law No. 20 of 2001 on the Eradication of Corruption have provided a legal basis for combating corruption, weaknesses remain in their implementation. This study aims to evaluate the effectiveness of these laws by employing a legislative approach and analyzing the opinions of scholars. The primary focus of this research is on asset confiscation resulting from corruption, as regulated by the Anti-Corruption Law, which serves as a key instrument in combating corruption. The findings indicate that unclear legal norms and weak coordination among law enforcement agencies still hinder the implementation of asset confiscation. The conclusion of this study emphasizes the need for regulatory improvements and enhanced coordination among institutions to maximize the effectiveness of asset confiscation in efforts to eradicate corruption in Indonesia
Asset Forfeiture, Corruption Crimes, Comperative and Conceptual Study
Copyright (c) 2024 Sry Karina Br. Sinuhaji, Marie Mahfudz Harahap https://creativecommons.org/licenses/by-sa/4.0/
Effectiveness of E-Court-Based Services in Resolving Civil Cases at the Sukadana District Court
This study examines the implementation of the effectiveness of E-Court-based services at the Sukadana District Court in an effort to resolve various civil issues. E-Court as an innovation of information technology in the judicial system aims to accelerate, simplify, and increase the transparency of the judicial process. This service includes electronic registration of lawsuits, payment of court fees, submission of documents, implementation of trials to delivery of decisions digitally. This study aims to determine the effectiveness of E-Court-based services in resolving civil issues at the Sukadana District Court. The research method used is qualitative using an empirical legal approach involving data collection through in-depth interviews and document analysis, using triangulation techniques to determine interview sources including the chief justice, deputy chief justice, clerk, judges, staff, advocates and the public in litigation. Evaluation of the success of E-Court at the Sukadana District Court shows several determining factors for success, such as reliable technological infrastructure, commitment to implementing regulations and positive acceptance from service users. This study found that the implementation of E-Court was able to reduce bureaucracy, accelerate the judicial process and provide wider and more transparent access for the parties to the case. However, challenges such as technological infrastructure and human resource readiness still need to be overcome to achieve optimal implementation. Overall, E-Court has the potential to be an effective solution in resolving civil issues at the Sukadana District Court, as well as a step forward in modernizing the justice system in Indonesia. This study also revealed that E-Court has positive implications, such as increasing the effectiveness of case resolution, saving time and costs, and increasing transparency and integrity of the justice system.
E-Court, Civil, District Court, Resolving, Sukadana
Copyright (c) 2024 Iqbal Juliansyah, Imam Mustofa , Moelki Fahmi Ardliansyah https://creativecommons.org/licenses/by-sa/4.0/
Implementation of E-Court and Its Impact on Justice Seekers in the Legal Process at the Religious Court
This research aims to find out how the implementation of e-Court according to the Supreme Court Regulations which provides a new breakthrough in the procedural process through electronic mechanisms at the Class IAMetro Religious Courts in particular and its impact on justice seekers in the procedural process. Bearing in mind that justice seekers tend to experience difficulties in carrying out activities in court during the proceedings, where justice seekers must come to the court first. This will take time and money to implement, of course it will also make services less efficient and effective in case registration and trial processes. The most important essence is in resolving cases electronically where the Religious Courts are one of the authorities that handles cases at the first level. This is the embodiment and realization of the hope of the existence of this system for the justice seeking community which can provide benefits which are made easier so that the process of proceedings can be carried out smoothly. effective and efficient. The method used in this research is qualitative and is described using primary data sources and secondary data sources. Primary data sources are from Legal Aid Posts, Case Managers/PTSP, Secretaries, Registrars, Judges and Justice Seekers at Class I A Metro Religious Courts who are informants. Apart from collecting interview results and documentation, this research was also carried out by carrying out structured data processing using inductive thinking methods.
Copyright (c) 2024 Adella Rofi’ah, Nawa Angkasa https://creativecommons.org/licenses/by-sa/4.0/
Review of Criminology and Islamic Law on Perpetrators Child Abuse
This study examines cases of child abuse by biological parents as a form of domestic violence that requires serious legal intervention and protection of children's fundamental rights. The research aims to understand criminology and Islamic law perspectives on child abuse, identify the factors influencing its occurrence, and determine efforts to address child abuse within the framework of Islamic law. The method used is qualitative research with an empirical juridical approach. From a criminological standpoint, using the Psychogenesis theory, it is explained that criminal behavior is caused by various factors, including family conditions disrupted by divorce or parents being too busy with their careers, as well as the psychological factors of the perpetrators themselves. The results show that criminal behavior is a response to psychological issues arising from family conditions or personality pressures experienced by the perpetrators. Efforts through Islamic law emphasize the protection of children's rights as part of moral and sharia obligations, by strengthening moral and ethical values, upholding children's rights, and protecting children's rights as legal subjects.
Criminology, Abuse, Children, Law, Islam
Copyright (c) 2024 Rafika Nursyahida, Noor Azizah https://creativecommons.org/licenses/by-sa/4.0
Application of Moderation Value on Legal Attitudes to Transact with Conventional Banks
This article aims to analyse the legal attitude of the community towards conventional bank interest and the application of this legal attitude in society. Islam forbids all forms of transaction applications of buying and selling or lending with usury systems. However, the mechanisms and systems of modern banking transactions are not yet known comprehensively in Islam and give rise to differences of opinion among Muslims. This difference of opinion is inseparable from their paradigm of thinking, namely textual and contextual ways of thinking. This case can be categorised as a matter of ijtihâdiyyah khilâfiyyah. This difference of opinion is very likely to occur because the rules of muamalah matters are actually allowed in sharia and become haram (forbidden) until there is evidence that prohibits it. Problems arise when the understanding that is believed to be related to sharia economic law, so that it feels that its understanding is the absolutely correct understanding, and then considers it a mistake if there are other people's opinions differ from it. The emergence of intolerant polemics like this can spark the fire of discord and cause distorted perceptions in the community related to religious harmony. Using a sociological approach, this article analyses the legal attitude towards conventional banks and its application in social life. The results of the study show that moderation is needed in viewing differences in legal attitudes related to bank interest so as to present a tolerant dogmatism of society and be able to avoid divisions due to intolerant attitudes.
Implementation, Moderation Value, Conventional Bank, Legal Attitude
Copyright (c) 2024 https://creativecommons.org/licenses/by-sa/4.0
Biometric Voting Integrated with Islamic Political Principles: to Enhance Democracy in Bangladesh's E-Voting System
This paper addresses the vital importance of fair and transparent elections as the foundation of a robust democracy, crucial for representing citizens' voices and fostering trust in the electoral process. In Bangladesh, the pursuit of fair elections faces significant challenges, including transparency issues, accountability concerns, and instances of voter fraud. This analysis presents a novel approach that combines Quranic principles with biometric voting technology to address the challenges faced by the current voting system. Taking inspiration from Islamic values, particularly those that emphasize justice, equality, and accountability, the proposed framework intends to improve the democratic aspect of e-voting in Bangladesh. By incorporating biometric authentication mechanisms, such as fingerprint or iris scanning, this framework seeks to ensure the integrity of the voting process while adhering to Quranic and Prophetic principles of fairness and transparency. This study explores the feasibility and implications of implementing such a system within Bangladesh's electoral landscape through a multidisciplinary approach that bridges Islamic scholarship, technological innovation, and political theory. By leveraging the potential of biometric voting technology guided by Quranic principles, this research contributes to the ongoing discourse on electoral reform and democratization in Bangladesh, offering valuable insights into how technology and ethical considerations can intersect to strengthen democratic governance.
Fair-Elections, Transparency, Biometric-voting, Quranic-principles, Bangladesh.
Legal Policies for Eradicating Criminal Acts of Domestic Violence
This study is about a legal study of the enforcement of Law No. 23 of 2004 concerning the elimination of domestic violence. It is described and analyzed more deeply on the principle of equality of law, for handling cases of domestic violence, the implementation of equality before the law, and models of legal protection. justice for perpetrators and victims of violence. In addition, this study aims to examine appropriate legal service procedures as well as legal protection for victims and perpetrators of crimes of domestic violence. On the other hand, there are cooperative efforts to recover victims of domestic violence based on Ministerial Regulation No. 4 of 2006 concerning the implementation and cooperation in the recovery of victims of domestic violence. The most important essence is the eradication of criminal acts of violence in the household which aims to make the conflicting parties aware in the home to be able to foster household integrity which affects children and people around the family. The method used in this study is empirical juridical and is described using primary and secondary data sources with literature review techniques using primary legal materials, secondary legal materials and tertiary legal materials. The primary legal material is in the form of applicable laws and regulations. With this study, it is hoped that the best system solution for handling cases of domestic violence in Indonesia will be obtained.
Criminal Acts, Domestic Violence, Legal, Policies.
Right of Access to Legal Aid for the Poor: Study of Islamic Civil Cases in the PA Ponorogo Legal Area
Pro bono legal aid must be provided by Advocates to underprivileged people, as written in Article 22 Paragraph 1 of Law No. 18 of 2003 concerning Advocates. Pro bono assistance is provided to fulfill access to justice. The high poverty rate in Ponorogo Regency and the limited amount of pro bono assistance provided each year make it difficult for underprivileged people to access and obtain legal aid, because not all advocates have carried out their obligations to provide pro bono assistance at the Ponorogo Religious Court . This research is a qualitative research with empirical legal research type. Data collection techniques using snowball sampling. The analysis method uses qualitative analysis. From this research it can be concluded that first, each advocate has its own criteria, namely that the client pays the costs of the case because the Advocate only provides free legal aid services and the Court has no special budget for pro bono assistance. Although they have their own criteria, the assistance has fulfilled the values of justice, helping and Maqāshid al-Sharī'ah , namely the protection of the soul. Second, the process of providing pro bono assistance has not been carried out optimally because not all advocates have fulfilled their obligations to provide pro bono assistance. Although it has not been done optimally, it has fulfilled the principles of Islamic law, namely the value of tolerance, Amar Ma'ruf Nahi Munkar, equality and Maqāshid al-Syarī'ah on the protection of offspring and property.