AHKAM

Analisis SEMA (Surat Edaran Mahkamah Agung) Nomor 3 Tahun 2023 Angka 3 tentang Hak Waris Anak yang Terlahir dari Pernikahan Siri Berdasarkan Wasiat Wajibah Perspektif Fikih Mawaris

Nur Safrina — 2026-07-19

The widespread practice of unregistered marriage (pernikahan siri) in society raises legal issues, particularly regarding the status and inheritance rights of children born from such marriages. Although an unregistered marriage is considered valid under Islamic law when it fulfills the pillars and requirements of marriage, it does not receive administrative recognition under state law because it is not officially registered, thereby creating uncertainty regarding the fulfillment of children’s inheritance rights. This study aims to analyze the status of the inheritance rights of children born from unregistered marriages according to Islamic inheritance jurisprudence (fiqh al-mawarith) and examine the application of wasiat wajibah as a positive-law solution, as stipulated in Supreme Court Circular Letter Number 3 of 2023. The study employed a normative legal method with a qualitative approach through a literature review of Islamic jurisprudential literature, scholarly opinions, the Compilation of Islamic Law, and relevant laws and regulations. The findings indicate that children born from unregistered marriages retain inheritance rights under Islamic law because their lineage is considered legitimate when their parents’ marriage has fulfilled the pillars and requirements of marriage. However, within the context of positive law, these children do not directly acquire inheritance rights; therefore, the fulfillment of their rights is pursued through wasiat wajibah. The application of wasiat wajibah is regarded as an effort to realize public benefit and social justice, although conceptually it is not entirely consistent with the principles of inheritance distribution in Islamic inheritance jurisprudence. This study concludes that Supreme Court Circular Letter Number 3 of 2023 provides an alternative form of legal protection for children born from unregistered marriages through wasiat wajibah, while also demonstrating differences in legal construction between Islamic law and positive law in determining children’s inheritance rights. These findings contribute to the development of Islamic family law studies and may serve as a conceptual foundation for formulating more equitable protection of children’s civil rights.

Analisis Implementasi Kebijakan Angkutan Umum oleh Pemerintah Kabupaten Sijunjung dalam Perspektif Fiqih Siyasah Tanfidziyah

Daswita — 2026-07-19

Public transportation is a basic societal need whose provision is the responsibility of the government, as stipulated in Government Regulation Number 74 of 2014 concerning Road Transportation. However, in recent years, Sijunjung Regency has faced a shortage of public transportation that has even led toward the disappearance of such services. This study aims to analyze the implementation of public transportation policy based on Government Regulation Number 74 of 2014 and examine it from the perspective of fiqh siyasah tanfidhiyyah. The study employed a qualitative approach with a field research design. Data were collected through interviews, observations, and documentation. The findings indicate that the implementation of public transportation policy in Sijunjung Regency has not been effective because several requirements, such as the obligation to obtain legal entity status, high licensing costs, and stringent vehicle standards, are not aligned with the region’s economic and geographical conditions. From the perspective of fiqh siyasah tanfidhiyyah, the policy has not fully realized the public interest because its implementation has instead created difficulties for the community and transportation operators and has not reflected the principles of justice and the prohibition against burdening people beyond their capacity. This study concludes that the implementation of public transportation policy requires adjustment to the region’s social, economic, and geographical conditions to become more effective, equitable, and oriented toward public welfare. These findings have implications for local governments in formulating more adaptive implementation policies to ensure the sustainability of public transportation services in Sijunjung Regency.

Pelaksanaan Program Calon Pengantin Menanam Berdampak di KUA Payakumbuh Selatan dalam Perspektif Maslahah Mursalah

Mardiati — 2026-07-19

The Calon Pengantin Menanam Berdampak (Catin Nampak) Program, launched by the Regional Office of the Ministry of Religious Affairs of West Sumatra Province on October 6, 2025, is an innovation in religious services that requires prospective married couples to plant fruit-bearing trees before their marriage ceremony. Because the program has no legal basis explicitly stipulated in scriptural texts, its implementation needs to be examined from the perspective of maslahah mursalah. This study aims to analyze the implementation of the Catin Nampak Program at the South Payakumbuh Religious Affairs Office and assess its conformity with the principles of maslahah mursalah. The study employed a field research method with descriptive qualitative and Islamic normative-juridical approaches. Data were collected through observations, interviews with marriage registrars and prospective married couples, and document analysis and were subsequently analyzed using descriptive qualitative analysis. The findings indicate that the program was implemented through three stages: providing guidance on preparing seedlings during marriage registration, planting trees at a mosque with assistance from Religious Affairs Office personnel, and direct tree planting by the prospective married couples. Based on the analysis, the program fulfills three requirements of maslahah mursalah: alignment with the objectives of Islamic law, provision of rational and empirical benefits, and orientation toward the public interest. This study concludes that the Catin Nampak Program may be regarded as a legitimate policy from the perspective of maslahah mursalah. These findings indicate that the program contributes to strengthening religious services oriented toward environmental conservation and may serve as a model for public policy based on Islamic values and environmental sustainability.

Prosedur Pendaftaran Peralihan Hak atas Tanah secara Elektronik oleh Pejabat Pembuat Akta Tanah

Putri Rahmasari — 2026-07-21

Although the role of Land Deed Officials (PPATs) in land registration has been widely studied, discussions specifically examining the procedures and legal force of electronic registration of transfers of land rights remain limited. This study aims to analyze the procedures and role of PPATs in the electronic registration of transfers of land rights and the legal force of the products generated through this process. This study employed a normative juridical method with statutory and conceptual approaches. Secondary data were collected through a literature review and analyzed qualitatively using prescriptive analysis. The findings show that PPATs are authorized to draw up authentic deeds concerning certain legal acts involving land rights through an electronic system and are responsible for verifying electronic certificates to ensure data conformity. Electronic certificates issued through an electronic system have legal force provided that the information contained therein can be accessed, displayed, and accounted for in accordance with Article 6 of the Electronic Information and Transactions Law. This study concludes that legal certainty in the electronic registration of transfers of land rights is determined by the exercise of PPATs’ authority, the reliability of the electronic system, and the conformity of the certificate issuance process with the provisions of laws and regulations. These findings contribute to the development of agrarian law and the law of evidence in the context of land administration digitalization. The practical implications emphasize the importance of strengthening the capacity of PPATs, harmonizing regulations, and improving the quality of services provided by the Kementerian Agraria dan Tata Ruang/Badan Pertanahan Nasional to support the implementation of electronic land registration that ensures legal certainty.

Hubungan Konsep Diri dengan Perilaku Konsumtif Pembelian Produk Lipstik pada Mahasiswa Tata Rias dan Kecantikan

Sherly Chantika — 2026-07-21

Although the relationship between self-concept and consumptive behavior has been examined in several studies, research specifically addressing the relationship between these two variables in lipstick purchases among students of the Cosmetology and Beauty Study Program remains limited. This study aims to analyze the relationship between self-concept and consumptive behavior in purchasing lipstick products among students of the Cosmetology and Beauty Study Program at Universitas Negeri Padang. This study employed a quantitative approach with a descriptive correlational design involving 212 students as respondents selected through simple random sampling. Data were collected using a Likert-scale questionnaire and analyzed through descriptive analysis and the Spearman rank correlation test. The results showed that the students’ self-concept was in the fairly good category, whereas their consumptive behavior in purchasing lipstick products was in the moderate category. The correlation analysis showed a positive and significant relationship between self-concept and consumptive behavior in purchasing lipstick products (rs = 0.361; p < 0.05), with a low level of correlation. This study concludes that self-concept is related to students’ consumptive behavior in purchasing lipstick products, although it is not the primary factor influencing such behavior. These findings contribute to the development of consumer psychology studies, particularly regarding students’ consumptive behavior in the context of cosmetic products, and may serve as a reference for further research to identify other factors influencing consumptive behavior.

Urgensi Pembaruan Hukum Pidana terhadap Tindak Pidana Siber Berbasis Kecerdasan Buatan (Artificial Intelligence) di Indonesia

Fajar Hadi — 2026-07-23

Although corporate liability has received attention in various studies, research specifically deconstructing the theory of fault arising from the autonomization of artificial intelligence (Artificial Intelligence/AI) through an Islamic legal theology approach remains limited. This study aims to analyze the weaknesses of Indonesian criminal law in responding to AI-based cybercrime and to formulate directions for its reform. This study employed a qualitative approach with a normative juridical design that examined selected legal and policy documents through purposive literature searching. Data were collected through the documentation of legal materials and analyzed using content analysis and teleological interpretation. The findings showed that the doctrine of derived intent under Article 49 of the Criminal Code (KUHP) has reached an impasse because it is unable to encompass autonomous machine actions (emergent behavior) and has the potential to generate automation bias and problems related to algorithmic opacity (black box). These findings strengthen the development of corporate liability theory and broaden the understanding of AI governance in criminal law. This study concludes that the doctrine of fault needs to be reconstructed into structural fault based on corporate culture (corporate culture liability) and grounded in Qur’anic ethics. Theoretically, this study contributes to the development of the literature on cyber law and corporate liability, while practically, its findings can serve as a foundation for the Government, DPR, Polri, and Komdigi in formulating regulations concerning AI due diligence obligations and algorithmic audits. Future research should develop empirical sociolegal studies on the technological competence of law enforcement officers in handling AI-based cybercrime.

Tradisi Mairiangan Jawi dari Pihak Bapak Mandeh Saat Walimatul Urs di Nagari Batu Gadang Kecamatan Sungai Geringging Kabupaten Padang Pariaman Perspektif Maslahah Mursalah

Iren Kalista — 2026-07-24

Although the mairiangan jawi tradition performed by the bapak mandeh during walimatul urs in Nagari Batu Gadang continues to be maintained as part of customary practice, the obligation to provide a cow has the potential to impose an economic burden on those responsible for fulfilling it. This study aims to analyze the implementation process of the mairiangan jawi tradition and examine it from the perspective of maslahah mursalah. This study employed a qualitative approach with a field research design. Data were collected through observation, interviews, and documentation involving the wali nagari, ninik mamak, and members of the Nagari Batu Gadang community. The data were analyzed using qualitative descriptive analysis through the stages of data reduction, data presentation, and conclusion drawing. The results showed that the mairiangan jawi tradition was implemented through determining the day of the alek, delivering an invitation to the bapak mandeh, conducting a preparatory deliberation, providing a female cow, performing the mairiangan jawi procession, conducting a customary reception, and carrying out baetong. This tradition embodies the values of respect, mutual cooperation, solidarity, family responsibility, and economic support for the bridal couple. From the perspective of maslahah mursalah, the mairiangan jawi tradition can be maintained because it does not conflict with Islamic legal texts, provides tangible benefits, strengthens social bonds, and reinforces family relationships. However, its implementation must continue to consider the economic capacity of the bapak mandeh to avoid imposing an excessive burden. This study confirms that the mairiangan jawi tradition constitutes local wisdom that is consistent with the principles of Islamic law, provided that it is implemented proportionately, does not involve coercion, and prioritizes the realization of benefits and the prevention of harm.

Implementasi Wajib Belajar dalam Undang-Undang No 20 Tahun 2003 Ditinjau dari Fiqh Siyasah Tanfidziyah (Studi Kasus tentang Wajib Belajar di Nagari Koto Laweh Kecamatan Lembang Jaya Kabupaten Solok)

Fitri Yunita — 2026-07-24

Although the government has established a compulsory education program through Law Number 20 of 2003 concerning the National Education System, school-age children who have dropped out of school are still found in Nagari Koto Laweh, Lembang Jaya Subdistrict, Solok Regency. This study aims to analyze the efforts of the Nagari Koto Laweh Government in implementing the nine-year compulsory education program, identify the constraints on its implementation, and examine it from the perspective of fiqh siyasah tanfidziyah. This study employed a descriptive qualitative approach with a field research design. Data were collected through observation, interviews, and documentation and then analyzed descriptively and qualitatively. The results showed that the Nagari Koto Laweh Government had sought to implement the compulsory education program by providing educational facilities, distributing school supplies, collecting data on school-age children and school dropouts, raising awareness of the importance of education, and developing equivalency education programs for children unable to participate in formal education. However, the implementation of the program still faced several constraints, including limited parental attention to children’s education, family economic limitations, low learning motivation, the influence of the social environment, and early marriage. From the perspective of fiqh siyasah tanfidziyah, the implementation of the compulsory education program has reflected the government’s responsibility to fulfill the community’s right to education, but it has not been optimal because it has not fully satisfied the principles of justice, public benefit, deliberation, supervision, and balance between the rights and obligations of the government and the community. This study emphasizes the need to strengthen synergy among the nagari government, families, and the community so that the compulsory education program can be implemented more fairly, effectively, and with a greater orientation toward public benefit.

Asas Kontradiktur Delimitasi dalam Penandatanganan Batas Bidang Tanah pada Pendaftaran Tanah

Khairatunnisa — 2026-07-24

Although the contradictory delimitation principle has received attention in various studies on land registration, research specifically addressing the timing of the signing of land parcel boundaries and its legal consequences remains limited. This study aims to analyze the regulation of the timing of the signing of land parcel boundaries in the land registration process based on the contradictory delimitation principle and to examine the legal consequences arising when this principle is not implemented. This study employed a normative legal research method using statutory and conceptual approaches. The legal materials consisted of primary, secondary, and tertiary legal materials, which were analyzed qualitatively using a prescriptive method. The findings indicate that Government Regulation Number 24 of 1997 stipulates that boundary approval and signing are conducted during field measurements with the direct involvement of adjoining landowners. Meanwhile, Regulation of the Minister of Agrarian Affairs and Spatial Planning/Head of the National Land Agency Number 16 of 2021 shifts the signing of boundaries to the pre-application stage through the Statement Letter on the Installation of Boundary Markers and Approval of Adjoining Landowners as an administrative requirement. Although implemented at different stages, both regulations share the same objective, namely to ensure legal certainty and prevent disputes over land parcel boundaries. Failure to implement the contradictory delimitation principle may create legal uncertainty regarding land parcel boundaries, increase the potential for land disputes, reduce legal protection for the parties, and result in administrative defects that render certificates vulnerable to annulment. This study contributes to the development of agrarian law scholarship and provides practical recommendations for strengthening land administration procedures to ensure legal certainty and prevent disputes over land parcel boundaries.

Hubungan Kewenangan Presiden dan DPR dalam Sistem Presidensial Indonesia

Ferika Nurfransiska — 2026-07-24

The relationship between the authority of the President and the House of Representatives (DPR) is a fundamental element of Indonesia’s presidential system because the two institutions hold complementary and counterbalancing constitutional positions under the UUD NRI Tahun 1945. Although the principle of checks and balances between the President and the DPR has been extensively examined through normative legal research, studies specifically investigating ordinary citizens’ perceptions of the effectiveness of this relationship remain limited, particularly at the regency level. This study aims to measure the level of political literacy and public perceptions of the effectiveness of President–DPR checks and balances in Banyuwangi Regency, analyze differences in perceptions based on respondents’ educational levels, and examine the contribution of political literacy to perceptions of the effectiveness of checks and balances. The study employed a quantitative approach with a descriptive-correlational design and involved 180 respondents selected through purposive-stratified sampling based on educational level across four subdistricts. Data were collected using a five-point Likert-scale questionnaire measuring political literacy and perceptions of the effectiveness of checks and balances and were subsequently analyzed using descriptive statistics, Pearson correlation, simple linear regression, and one-way ANOVA. The results indicate that public perceptions of the effectiveness of checks and balances were in the moderate category, with a score of 54.7 out of 100. The oversight dimension was perceived as the weakest compared with the legislative and budgetary dimensions. In addition, significant differences in perceptions were found based on educational level, while political literacy was positively and significantly correlated with perceptions of effectiveness and accounted for 23.2% of the variance in perceptions of the effectiveness of checks and balances. These findings extend the study of checks and balances in Indonesia, which has thus far been dominated by normative-institutional analyses, by providing an empirical perspective on citizens’ perceptions. This study makes a theoretical contribution to the development of research on constitutional oversight and civic literacy and offers practical implications for designing political education programs at the regional level. This study also provides opportunities for further research with broader geographical coverage and more comprehensive field data.

Efektivitas Sistem Checks and Balances dalam Ketatanegaraan Indonesia

Ofinius Dawolo — 2026-07-24

Although the principle of separation of powers has received considerable attention in various constitutional studies, research specifically examining the practical effectiveness of checks and balances mechanisms following the amendments to the UUD NRI Tahun 1945 remains limited. This study aims to analyze the effectiveness of implementing the checks and balances system in Indonesia’s constitutional system and identify the factors influencing its implementation. The study employed a normative legal method with statutory and conceptual approaches. The legal materials analyzed included the UUD NRI Tahun 1945, laws and regulations, Constitutional Court decisions, books, and scholarly journal articles. The results indicate that, normatively, the checks and balances system has been designed through a relatively balanced distribution of authority among state institutions in accordance with the principle of separation of powers. However, its implementation continues to face various obstacles, including the dominance of political coalitions, the weak oversight function of the DPR, political interference in independent institutions, and a weak constitutional culture. These findings strengthen constitutional law scholarship on institutional accountability while broadening the understanding of the gap between normative design and the practice of power distribution within Indonesia’s presidential system. This study concludes that institutional independence and strengthened constitutional literacy are important factors in establishing an effective checks and balances mechanism. The implications of this study include a theoretical contribution to the development of constitutional law literature and practical implications for legislative reform and the strengthening of public constitutional education. This study also opens opportunities for further research on the empirical performance of state institutions in carrying out their functions of oversight and balancing power.

Urgensi Penegakan Kode Etik dalam Mencegah Mafia Peradilan

Asara Inacio Tae — 2026-07-24

Although judicial corruption has received attention in various studies, research specifically examining the preventive (ex ante) function of enforcing legal professional codes of ethics remains limited. This study aims to analyze the urgency of enforcing legal professional codes of ethics as a preventive instrument for mitigating judicial corruption practices in Indonesia. The study employed a normative-qualitative legal method using a statutory approach and a conceptual approach, based on secondary legal materials purposively selected through a literature search. Data were collected through a document review of laws and regulations, the Surat Keputusan Bersama Mahkamah Agung dan Komisi Yudisial Nomor 047/KMA/SK/IV/2009–02/SKB/P.KY/IV/2009 tentang Kode Etik dan Pedoman Perilaku Hakim (KEPPH), and recent scholarly literature. The data were analyzed deductively and qualitatively using Lawrence M. Friedman’s Theory of Legal Effectiveness and Aristotle’s Theory of Virtue Ethics. The results indicate that judicial corruption practices primarily stem from a fragile legal culture and weak judicial accountability rather than merely from deficiencies in legal substance or structure. Firm and consistent enforcement of the KEPPH can narrow the gray areas of conduct that are not yet fully addressed by criminal law. These findings contribute to the development of legal effectiveness theory and virtue ethics-based professional ethics studies while broadening the understanding of preventive anticorruption strategies within the judiciary. This study concludes that consistent, collaborative, and transparent enforcement of the KEPPH by the Mahkamah Agung and Komisi Yudisial is an essential prerequisite for strengthening judicial integrity and restoring public trust. The practical implications of this study emphasize the need to strengthen the synergy between internal and external oversight by the Mahkamah Agung, Komisi Yudisial, and legal professional organizations. This study also opens opportunities for empirical research on the measurable impact of code-of-ethics enforcement on the prevalence of judicial corruption practices.

Etika Hakim dalam Menjaga Independensi Peradilan di Tengah Tekanan Publik Digital

Firman Syah — 2026-07-24

Although judicial independence has received attention in various legal studies, research specifically examining the role of judicial ethics as a safeguard against informal digital-based public pressure remains limited. This study aims to analyze the role of judicial ethics in maintaining judicial independence amid digital public pressure and identify the forms of pressure faced by judges when deciding cases that attract public attention. The study employed a normative legal method using statutory and conceptual approaches. The primary legal materials included the UUD NRI Tahun 1945, Undang-Undang Nomor 48 Tahun 2009 tentang Kekuasaan Kehakiman, and the Kode Etik dan Pedoman Perilaku Hakim (KEPPH), while the secondary legal materials comprised national and international scholarly journal articles. All legal materials were analyzed descriptively and analytically. The results indicate that judicial ethics serve as moral and professional guidelines for maintaining judges’ integrity, impartiality, and independence. The Bangalore Principles of Judicial Conduct and the KEPPH constitute the principal normative instruments for strengthening such independence. However, the accelerated circulation of information through social media has created new forms of digital public pressure, such as trial by social media, which increase judges’ psychological burden and necessitate stronger ethical oversight mechanisms. These findings contribute to the development of judicial ethics studies in the digital era while broadening the understanding of informal intervention in judicial proceedings. This study affirms that strengthening professional ethics and institutional protection is necessary to safeguard judicial independence from the pressure of digital public opinion. The implications of this study include a theoretical contribution to the literature on judicial ethics and practical implications for the Mahkamah Agung and Komisi Yudisial in designing mechanisms for the protection and ethical oversight of judges in the digital era. This study also opens opportunities for empirical research on judges’ direct experiences in dealing with digital public pressure.

Peran Etika Profesional dalam Membangun dan Meningkatkan Kepercayaan Publik terhadap Penegak Hukum di Indonesia

Iman Frijal Buanakhe — 2026-07-24

Public trust is an important indicator of the success of a law enforcement system in a state governed by the rule of law. However, various ethical violations by law enforcement officials, such as abuse of authority, corruption, discrimination in service delivery, and actions contrary to the principles of professionalism, have diminished public trust in law enforcement institutions and demonstrated a gap between the ideal standards of the legal profession and their implementation. This study aims to analyze the role of professional ethics in building and enhancing public trust in law enforcement authorities and to identify the factors influencing the effectiveness of legal professional ethics implementation in Indonesia. The study employed a qualitative method with a normative juridical approach supported by case studies and literature analysis. Data were obtained through a review of laws and regulations, professional codes of ethics for law enforcement officials, books, scholarly journal articles, and various cases of ethical violations and were subsequently analyzed descriptively and qualitatively. The results indicate that the consistent application of professional ethics plays an important role in strengthening the legitimacy of law enforcement institutions, improving the quality of public services, and ensuring legal certainty. Conversely, ethical violations that are not addressed transparently can reduce public trust and weaken the rule of law. This study affirms that strengthening oversight systems, providing continuous ethics education, and imposing firm sanctions are prerequisites for professional and integrity-based law enforcement. These findings contribute to the development of legal professional ethics scholarship and provide practical implications for law enforcement institutions in strengthening accountability, transparency, and public trust.

Praktik Pemanfaatan Lahan pada Jual Beli Ubi di Tanjung Basung II, Kecamatan Batang Anai, Padang Pariaman Ditinjau dari Sudut Pandang Fiqh Muamalah

Rara Wulandari — 2026-07-27

Although the negative impacts of digital culture on the character and behavior of santri have been widely studied, research specifically analyzing Islamic boarding schools’ strategies for managing and addressing these impacts, particularly at Pondok Pesantren Bai’aturridhwan Bukittinggi, remains relatively limited. This study aimed to analyze the strategies implemented by the Islamic boarding school to address the negative impacts of digital culture on santri, identify the supporting and inhibiting factors affecting their implementation, and explain the contribution of these strategies to the character development of santri. The study employed a qualitative approach with a case study design. Informants were selected through purposive sampling and included the head of the Islamic boarding school, teachers, dormitory supervisors, and santri directly involved in implementing the development programs. Data were collected through observation, semistructured interviews, and documentation and were subsequently analyzed using the interactive analysis model of Miles, Huberman, and Saldaña, which comprises data condensation, data display, and conclusion drawing and verification. The results showed that Pondok Pesantren Bai’aturridhwan Bukittinggi implemented preventive and educational strategies through restrictions on device use, supervision of santri activities, enforcement of regulations, moral education, teacher role modeling, habituation of worship, and the strengthening of digital literacy based on Islamic values. The success of these strategies was supported by the leadership’s commitment, cooperation among all elements of the Islamic boarding school, and a religious environment, whereas barriers to their implementation included rapid technological development, the influence of the external environment, and the diverse characteristics of the santri. These findings confirm that the integration of supervision, religious habituation, role modeling, and digital literacy based on Islamic values contributes to the character development of santri in facing digital culture. This study strengthens the application of character education theory and strategic management in the context of Islamic education and provides practical implications for Islamic boarding schools in formulating santri development policies that are adaptive to developments in digital technology.

Implementasi Undang-Undang Nomor 22 Tahun 2009 pada Pengawasan Jembatan Timbang Sungai Lansek Perspektif Siyasah Tanfiziyah

Nila Maharani — 2026-07-27

Although weighbridge supervision is an important instrument for enforcing Law Number 22 of 2009 to ensure traffic safety and protect road infrastructure, its implementation at the Sungai Lansek Motor Vehicle Weighing Implementation Unit (UPPKB) continues to face various constraints, resulting in suboptimal supervisory effectiveness. This study aimed to analyze the implementation of Law Number 22 of 2009 in the supervision of the Sungai Lansek Weighbridge and examine it from the perspective of Siyasah Tanfiziyah. The study employed a qualitative approach with a case study design. Data were collected through observation, interviews, and documentation involving UPPKB officers, truck drivers, and community members. The data were then analyzed through the stages of data reduction, data display, and conclusion drawing. The results showed that supervision had been conducted through document inspection, examination of the physical condition and dimensions of vehicles, vehicle weighing, and enforcement in accordance with standard operating procedures. However, the effectiveness of supervision remained constrained by limited human resources, budgets, and supporting facilities, suboptimal interagency coordination, and low driver compliance, as drivers avoided weighing because they carried excessive loads and considered economic factors. From the perspective of Siyasah Tanfiziyah, the implementation of supervision had essentially reflected the principles of justice, trustworthiness, and public welfare, although its implementation was not yet fully optimal. This study contributes to the development of Siyasah Tanfiziyah studies in transportation policy implementation and provides practical implications regarding the need to strengthen resources, improve interagency coordination, and optimize the supervision system to enhance driver compliance, traffic safety, and the protection of road infrastructure.

Pandangan Masyarakat terhadap Walimatul ‘Urs Janda Bakirai di Kenagarian Koto Sani Kecamatan X Koto Singkarak Kabupaten Solok

Jumelda Zalimah — 2026-07-27

Differences in the implementation of walimatul ‘urs for janda bakirai and unmarried women in Kenagarian Koto Sani have generated diverse community views, particularly regarding restrictions on the form of the wedding celebration and the imposition of a customary sanction in the form of a fine of two emas for violators. This study aimed to analyze the implementation of walimatul ‘urs for janda bakirai and community views regarding these customary provisions. The study employed a qualitative approach with a descriptive field research design. Primary data were obtained through interviews with customary leaders, members of the Kerapatan Adat Nagari, community leaders, and janda bakirai, whereas secondary data were derived from books, journals, and supporting documents. Data were collected through observation and interviews and were subsequently analyzed through the stages of data reduction, data display, and conclusion drawing. The results showed that the implementation of walimatul ‘urs for janda bakirai differed from that for unmarried women, as they were only permitted to hold a simple ceremony, were not allowed to wear a suntiang or organize artistic performances, and were subject to a fine of two emas for violating the customary provisions. Community views were divided into two groups: those who supported the provisions because they were considered a marker of marital status and a means of preserving customary traditions, and those who rejected them because the sanctions were considered burdensome and less relevant to current societal conditions. This study confirms that the customary provisions regarding walimatul ‘urs for janda bakirai continue to be observed despite generating differing views within the community. These findings contribute to the development of customary law studies and provide practical implications for customary authorities in evaluating the existing provisions so that cultural values can be preserved without disregarding the principles of social justice.

Optimalisasi Pekerja Sosial Masyarakat (PSM) di Bidang Fasilitasi Pelayanan dan Edukasi Sosial Kelurahan Pakan Kurai Kecamatan Guguk Panjang Kota Bukittinggi Kajian Siyasah Idaariyah

Abdullah Rahim — 2026-07-27

Although Community Social Workers (PSM) play an important role in social services and education, the optimization of their role in Pakan Kurai Urban Village continues to face limitations in human resources, uneven dissemination of information, limited public understanding of PSM functions, and suboptimal coordination among stakeholders. This study aimed to analyze the optimization of the role of PSM in facilitating social services and education and examine it from the perspective of Siyasah Idaariyah. The study employed a descriptive qualitative approach with a field research design. Data were collected through observation, interviews, and documentation and were subsequently analyzed through the stages of data reduction, data display, and conclusion drawing. The results showed that PSM had performed their role relatively effectively through the registration of social assistance recipients, community assistance, facilitation of access to social welfare programs, and the provision of social education. The performance of this role reflected the values of Siyasah Idaariyah, namely trustworthiness, justice, public welfare, professionalism, and accountability. However, optimizing the role of PSM still requires strengthening human resource capacity, improving coordination among stakeholders, ensuring the equitable provision of social education, and enhancing information transparency. These findings contribute to the development of studies on Islamic government administration in social welfare services and provide practical implications for the urban village government and PSM in realizing more effective, participatory, transparent, and sustainable social services.

Tradisi Mengantarkan Siunjuik pada Acara Baralek di Nagari Sariak Laweh Kabupaten Limapuluh Kota Menurut Urf

Afifah Farah — 2026-07-27

The tradition of delivering siunjuik during a baralek ceremony in Nagari Sariak Laweh, Lima Puluh Kota Regency, is a custom passed down through generations and performed by the husband’s bako family as a form of responsibility toward the newlyweds. However, this tradition is also regarded as a customary obligation that may impose an economic burden on some members of the community. This study aimed to describe the implementation of the tradition of delivering siunjuik and analyze it from the perspective of ‘urf in Islamic law. The study employed a qualitative approach with a field research design. Primary data were obtained through in-depth interviews with customary leaders, penghulu, ninik mamak, Bundo Kanduang, pangka tuo, and community members, whereas secondary data were derived from books, journals, previous studies, and supporting documents. Data were collected through interviews and documentation and were subsequently analyzed descriptively and inductively. The results showed that the tradition of delivering siunjuik was performed at night during the baralek ceremony by bringing various items needed by the newlyweds as a symbol of the bako family’s responsibility. This tradition embodies the values of togetherness, responsibility, and the strengthening of kinship ties. However, increasing standards regarding the items provided during its implementation have imposed an economic burden on some members of the community. From the perspective of ‘urf, the tradition of delivering siunjuik is classified as ‘urf shahih because it does not conflict with Islamic law and provides benefits. This study contributes to the development of studies on Islamic law and Minangkabau customs and provides practical implications for customary leaders and the community to preserve the tradition while considering the principles of ease and economic capacity so that its implementation remains consistent with Islamic values.

Implementasi Klausul Mitigasi Risiko sebagai Upaya Pencegahan Wanprestasi dalam Perjanjian Pengikatan Jual Beli Tanah Dikota Samarinda

Nurtiara — 2026-07-27

Although risk mitigation clauses in land Preliminary Sale and Purchase Agreements (PPJB) play an important role in preventing breaches of contract, their implementation continues to face various obstacles, including incomplete documentation and unclear legal status of the land concerned, limited understanding among the parties regarding the contents of the agreement, noncompliance with obligations, and the suboptimal application of the principle of good faith. This study aimed to analyze the implementation of risk mitigation clauses in land PPJB as an effort to prevent breaches of contract and identify the obstacles to and measures for optimizing their application. The study employed an empirical legal method with an empirical juridical approach and qualitative analysis. Data were obtained through interviews with notaries/Land Deed Officials and employees of the Samarinda City Land Office and were supported by a literature review. The results showed that risk mitigation clauses had been implemented through provisions governing the rights and obligations of the parties, payment mechanisms, deadlines for the fulfillment of contractual obligations, breach-of-contract provisions, force majeure, and dispute resolution mechanisms. Notaries/Land Deed Officials also verified the legality of the land concerned and explained the substance of the agreement before the PPJB was signed, thereby supporting legal certainty and protection for the parties. However, the effectiveness of their application remained influenced by administrative completeness, certainty regarding the legal status of the land concerned, the parties’ understanding, compliance with contractual obligations, and adherence to the principle of good faith. This study confirms that optimizing risk mitigation clauses requires clear and comprehensive clause formulation, strengthening the role of notaries/Land Deed Officials in providing legal explanations, and enhancing administrative verification and verification of the legality of the land concerned before the PPJB is prepared. These findings contribute to the development of contract law studies and provide practical implications for the parties and authorized officials in improving the effectiveness of breach-of-contract prevention in land sale and purchase transactions.

Problematika Koperasi Merah Putih di Nagari Tanjung Beringin Menurut Perspektif Fiqh Siyasah Tanfiziyah

Ezima Putri — 2026-07-28

The establishment of Koperasi Merah Putih in Nagari Tanjung Beringin represents a government effort to strengthen the village-based community economy. However, its implementation continues to face various institutional, administrative, and technical constraints that affect the effectiveness of cooperative management. This study aimed to analyze the implementation of Koperasi Merah Putih in Nagari Tanjung Beringin and examine the problems that have emerged from the perspective of Fikih Siyasah Tanfiziyah. The study employed a qualitative approach with a descriptive design. Primary data were obtained through interviews with cooperative managers and members, the nagari government, religious leaders, customary leaders, and community members, whereas secondary data were derived from laws and regulations, books, journals, and supporting documents. Data were collected through observation, interviews, and documentation and were subsequently analyzed qualitatively. The results showed that Koperasi Merah Putih was established through a Special Village Deliberation as an implementation of government policy to improve community welfare. Despite receiving government support and positive responses from the community, the cooperative continued to face limitations in capital, facilities and infrastructure, human resource capacity, and administrative capabilities. From the perspective of Fikih Siyasah Tanfiziyah, the implementation of the cooperative reflected the principles of trustworthiness, deliberation, justice, and public welfare, but remained suboptimal in terms of governance and supervision. These findings confirm that the successful implementation of Koperasi Merah Putih requires institutional strengthening, enhancement of management capacity, and continuous government assistance. This study contributes to the development of Fikih Siyasah Tanfiziyah studies in the implementation of village economic policies and provides practical implications for local governments and cooperative managers in realizing professional, transparent, and sustainable governance.

Problematika Independensi Bawaslu dalam Sistem Pengawasan Pemilihan Umum di Indonesia

Rena Zulfaidah — 2026-07-29

Although the independence of election supervisory bodies has been widely examined, research specifically addressing the structural, administrative, and ethical dimensions that weaken the independence of the Election Supervisory Body (Bawaslu) within Indonesia’s electoral supervision system remains limited. This study aimed to analyze the problems affecting Bawaslu’s independence within Indonesia’s electoral supervision system and to formulate a legal reconstruction to strengthen its institutional autonomy. This study employed a normative juridical method using statutory and conceptual approaches. Primary legal materials, secondary literature, and data from decisions of the Election Organization Ethics Council (DKPP) were analyzed qualitatively using descriptive-prescriptive techniques. The results showed that Bawaslu’s independence was constrained by its budgetary dependence on the government, the civil servant status of its secretariat personnel, the politically influenced commissioner recruitment process, limited authority within the Sentra Penegakan Hukum Terpadu framework, and the dualism in resolving electoral process disputes. Data on DKPP sanctions in 2024 also indicated that problems concerning independence stemmed not only from weaknesses in institutional design but also from the weak ethics and personal integrity of election administrators. These findings contribute to the development of the theory of state auxiliary institutions and broaden the understanding of the interrelationship among structural, administrative, and ethical dimensions in the independence of electoral supervision. This study concluded that strengthening Bawaslu’s independence requires comprehensive legal reconstruction through the granting of autonomous investigative authority and the separation of the secretariat’s personnel system from the executive bureaucracy. The implications of this study include a theoretical contribution to the development of electoral law literature and practical recommendations for policymakers in reforming Bawaslu’s institutional structure and ethical oversight mechanisms. Future research should examine more deeply the moral and integrity dimensions of election supervisory officials at various regional levels in Indonesia.

Kemandirian Notaris dalam Perjanjian Kerja Sama Rekanan Bank Analisis Pelaksanaannya terhadap Undang - Undang Jabatan Notaris

Muhammad Raffa Fauzie Ramadhan — 2026-07-29

Notaries hold a strategic position in ensuring legal certainty and protection through their authority to draw up authentic deeds. However, modern notarial practice faces the problem of unequal power relations between notarial offices and banking corporations through partner cooperation agreements, which may create financial dependence, diminish notarial independence and neutrality, and encourage the neglect of formal verification procedures due to pressure to complete documents. This study aimed to analyze the juridical limitations of cooperation agreements between notaries and banking institutions and to evaluate the forms of legal protection required to maintain the independence of the notarial office. The study employed a normative juridical method by examining legal provisions and professional ethical principles governing such cooperative relationships. The results showed that partnerships between notaries and banking institutions must be based on the principle of freedom of contract, the implementation of which is limited by statutory regulations and professional codes of ethics. Notaries are required to maintain an independent, honest, diligent, and impartial attitude and are entitled to reject clauses or specific requests that conflict with substantive and formal legal provisions. This study concluded that a balance between achieving banking business targets and protecting the public can only be realized through consistent preventive supervision by professional organizations and authorized institutions. These findings contribute to strengthening the legal protection of the independence of the notarial office and emphasize the importance of institutional supervision in maintaining professional integrity and public trust in the national notarial institution.

Pelaksanaan Tradisi Batimbang Tando dalam Walimah Perkawinan di Nagari Salareh Aia Perspektif Fikih Munakahat

Nisa Wati — 2026-07-29

Minangkabau customary marriage traditions have been widely studied, but research specifically examining the implications of the classification of tando gadang and tando kaciak for the organization of wedding feasts from the perspective of fiqh al-munakahat remains limited. This study aimed to analyze the implementation of the batimbang tando tradition in Nagari Salareh Aia and examine its status and implications for the organization of wedding feasts from the perspective of fiqh al-munakahat. The study employed a qualitative approach with a case study design through field research. Informants were selected using purposive sampling and included niniak mamak, alim ulama, community leaders, bundo kanduang, and community members involved in the implementation of the batimbang tando tradition. Data were collected through observation, in-depth interviews, and documentation and were subsequently analyzed using the interactive analysis model of Miles, Huberman, and Saldaña through the stages of data condensation, data display, and conclusion drawing and verification. The results showed that batimbang tando functions as a customary mechanism that regulates marriage agreements, strengthens interfamily relationships, and maintains social order within the community. The distinction between tando gadang and tando kaciak has implications for the form of wedding feast arrangements but does not indicate differences in family social status. From the perspective of fiqh al-munakahat, this tradition can be categorized as ‘urf sahih because it does not conflict with Sharia principles and contains values of public benefit. These findings strengthen scholarship on the relationship between custom and Islamic law and affirm that local traditions can be maintained as long as they are consistent with religious values. In practical terms, the results can serve as a reference for the community in preserving the batimbang tando tradition without disregarding the principles of fiqh al-munakahat. Future research should examine variations in batimbang tando practices in other Minangkabau regions using a comparative approach.

Larangan Pernikahan di Bulan Caghai dalam Perspektif Fikih Munakahat (Studi Kasus di Jorong Padang Tongga Nagari Manggopoh Kecamatan Lubuk Basung Kabupaten Agam)

Dila Dia Sari Chan — 2026-07-29

The prohibition of marriage during the month of Caghai is a customary tradition that continues to be maintained by the community of Padang Tongga Hamlet, Manggopoh Village, Lubuk Basung Subdistrict, Agam Regency. Although prohibitions against marriage during certain months have been examined in various studies, research specifically analyzing the prohibition of marriage during the month of Caghai from the perspective of fiqh al-munakahat remains limited. This study aimed to analyze the community’s understanding of the prohibition of marriage during the month of Caghai and examine its status from the perspective of fiqh al-munakahat. The study employed a qualitative approach with a case study design. The research informants consisted of alim ulama, niniak mamak, datuak, bundo kanduang, village officials, and community members selected through purposive sampling. Data were collected through semi-structured interviews, observation, and documentation and were subsequently analyzed using an interactive analysis model comprising data reduction, data display, and conclusion drawing. The results showed that most community members viewed the month of Caghai as a month of separation that was considered inauspicious for marriage because this belief had been passed down through generations. However, from the perspective of fiqh al-munakahat, this prohibition has no legal basis in the Qur’an or hadith and therefore does not affect the validity of a marriage as long as its essential elements and requirements are fulfilled. These findings extend the study of Islamic Family Law concerning the relationship between custom (‘urf) and fiqh al-munakahat in the marriage practices of Minangkabau communities. In practical terms, the results can serve as a reference for customary leaders, religious leaders, village authorities, and community members in harmonizing the preservation of custom with the implementation of Islamic law.

Persepsi Penghulu tentang Syarat Adil Saksi dan Implementasinya dalam Akad Nikah di KUA Kota Bukittinggi

Waridatul Hasanah — 2026-07-31

The status of witnesses in a marriage contract plays an important role in Islamic law, but the application of the requirement of moral probity for witnesses in service practices at the Offices of Religious Affairs (KUA) continues to face challenges, particularly in determining its indicators and assessment mechanisms. This study aims to analyze the perceptions of Islamic marriage registrars (penghulu) regarding the requirement of moral probity for witnesses and its implementation in the solemnization of marriage contracts at KUA offices throughout Bukittinggi City. The study employed a qualitative approach with a field research design. Data were collected through observation, interviews with Islamic marriage registrars, documentation, and a literature review and were subsequently analyzed through the stages of data collection, cleaning, organization, presentation, interpretation, and verification. The findings indicate that Islamic marriage registrars no longer interpret the concept of moral probity normatively and strictly as formulated in classical Islamic jurisprudence but assess it based on outward conditions, social reputation, and the principle of husnuzan. The implementation of the requirement of moral probity for witnesses tends to be administrative and social in nature, without an in-depth verification of the witnesses’ morality. The assessment focuses more on fulfilling formal requirements, including being Muslim, having reached puberty, being of sound mind, possessing clear identification, and being able to participate in the marriage contract process. These findings indicate a transformation in the interpretation of witness probity from a normative-theological concept toward a practical, administrative, and contextual approach. This study emphasizes the need for more detailed guidelines or standard operating procedures to standardize assessments of witness eligibility without disregarding service accessibility and the objectives of Islamic law.

Kepastian Hukum terhadap Covernote dalam Perjanjian Kredit Perbankan

Nur Syifa Islamiya Effendi — 2026-07-31

Although the use of covernotes in bank credit agreements has become an established practice in Indonesia, studies examining their legal status, legal certainty, and regulatory model remain limited. This study aims to analyze the status of covernotes in bank credit agreements and formulate an ideal regulatory model to ensure legal certainty for the parties. The study employed a descriptive-analytical normative legal method using statutory and conceptual approaches. Legal materials were collected through a literature review and analyzed qualitatively using Gustav Radbruch’s and Jan Michiel Otto’s theories of legal certainty and Hans Kelsen’s theory of legal responsibility. The findings indicate that a covernote has the status of an innominate agreement that is accessory to the principal credit agreement and binds the parties pursuant to Article 1338 of the Indonesian Civil Code. However, its legal certainty remains inadequate because no normative provisions explicitly regulate its status, form, time limit, and legal consequences. This uncertainty is reflected in the differing legal considerations between Supreme Court Decision Number 4242 K/Pid.Sus/2023 and Supreme Court Decision Number 1233 K/Pid.Sus/2019. The ideal regulation of covernotes should be based on the principles of legal certainty, justice, accountability, and proportionality through a three-tier regulatory model, namely the revision of the Notary Office Law, the formulation of comprehensive Financial Services Authority regulations, and the establishment of professional standards by the Indonesian Notary Association. These findings contribute to the development of notarial and banking law studies by clarifying the legal vacuum surrounding the use of covernotes. This study affirms that the normative recognition and regulation of covernotes are necessary to provide legal protection for the parties and serve as a basis for policy formulation by legislators, the Financial Services Authority, and notarial professional organizations.

Implementasi Musik Ilustrasi Film Animasi Hybrid "Tingkuluak: Pusaka Perempuan Minang dalam Sehelai Kain" Menggunakan Teknik Leitmotif

Vigho Antonio — 2026-08-01

Although film music has been used to bind narratives in culturally themed animated films, the application of the leitmotif technique in hybrid animation featuring Tingkuluak remains limited. This study aimed to describe and analyze the implementation of the leitmotif technique in the film score of the animated film Tingkuluak: Pusaka Perempuan Minang dalam Sehelai Kain. The study employed a qualitative descriptive approach with a practice-based research design encompassing the preproduction, production, and postproduction stages. Data were collected through questionnaires administered to young people, an interview with a cultural informant, a literature review, documentation of the creative process, alpha testing, and beta testing with an animation expert. The data were analyzed descriptively by categorizing musical requirements, interpreting audiovisual compatibility, and conducting technical evaluations. The results showed that leitmotifs developed through variations in melody, harmony, tempo, dynamics, instrumentation, and sound layering were able to establish a musical identity, reinforce the atmosphere, and maintain narrative continuity. The use of MIDI, virtual instruments, talempong, and Malay flute further accentuated the nuances of Minangkabau culture. The testing results also indicated the need to improve the consistency of dialogue volume, the alignment of the music with the emotions of the scenes, and audiovisual synchronization. This study enriches the practice of creating film music based on local culture and offers a film-scoring production workflow that can be applied to the development of educational animation media.

Kekuatan Pembuktian Akta Notaris dalam Sengketa Waris Hak atas Tanah antara Hukum Adat dan Hukum Perdata di Indonesia

Muthmainnah — 2026-08-03

The dualism between state law and customary law creates juridical complexities in the transfer of rights to customary communal land and family inheritance in Indonesia, particularly when notaries must ensure formal legal certainty through authentic deeds while simultaneously protecting the communal values of customary law communities. This study aims to analyze the synchronization of provisions in the Indonesian Civil Code, the Notary Office Law, and customary law, as well as to examine the evidentiary force of notarial deeds and the mechanisms for resolving inheritance disputes through judicial institutions. This study employed a normative juridical method using statutory, conceptual, and case approaches. The results indicate that although authentic deeds possess perfect evidentiary force, their legal standing may be set aside by a panel of judges if they are proven to disregard customary communal rights or contain substantive legal defects. These findings affirm the need for progressive legal interpretation and regulatory harmonization based on legal pluralism to balance formal legal certainty with substantive justice for the parties. Synergy between state law and local wisdom constitutes an essential foundation for strengthening legal protection and preventing land and inheritance disputes in the future.

Analisis Yuridis Kedudukan CCTV sebagai Alat Bukti Elektronik dalam Perspektif UU ITE dan Hukum Islam

Sainal — 2026-08-03

Although the use of closed-circuit television (CCTV) as electronic evidence has been widely examined under Indonesian positive law, research integrating the provisions of Law Number 11 of 2008 concerning Electronic Information and Transactions (the ITE Law) with the concept of qarinah in Islamic law remains limited. This study aims to analyze the legal status of CCTV as electronic evidence under the ITE Law and examine the legitimacy of its use from the perspective of Islamic law. This study employed a legal research method using statutory, conceptual, and shar‘i approaches. Data consisting of primary and secondary legal materials were analyzed qualitatively. The results demonstrate that CCTV constitutes valid electronic evidence under Article 5 of the ITE Law and serves as an extension of the forms of evidence recognized in Indonesian criminal procedural law. Under Islamic law, CCTV may be classified as qarinah, or an indication, that possesses evidentiary value provided that it satisfies the principles of authenticity, integrity, and information validity. The use of CCTV is also consistent with maqāṣid al-syarī‘ah, particularly the protection of life (ḥifẓ al-nafs), the protection of property (ḥifẓ al-māl), and the realization of justice (al-‘adl). These findings affirm that the concept of qarinah is adaptable to technological developments and can support the harmonization of Indonesian positive law and Islamic law within modern evidentiary systems. Accordingly, the legitimacy of CCTV has mutually reinforcing juridical and normative foundations for supporting legal certainty, justice, and public benefit. This study contributes to the development of electronic evidence law and may serve as a reference for law enforcement practices in Indonesia.