AHKAM

Dinamika Pengaturan Tanah Adat di Kota Medan dalam Perspektif Hukum Agraria Kontemporer

Tri Reni Novita — 2026-05-14

Customary land has an important position for customary law communities because it functions not only as an economic resource but also contains social, cultural, and historical values embedded in community life. In Medan City, urban development, investment, and land-use conversion have created issues related to the existence of and legal protection for customary land, including agrarian conflicts, overlapping land control, and weak legal certainty for customary communities. This study aims to analyze the dynamics of customary land regulation in Medan City from the perspective of contemporary agrarian law, with an emphasis on aspects of recognition, legal protection, and policy implementation. This study used a normative legal method with statutory, conceptual, and historical approaches. The results showed that although customary communal rights have been recognized in the national agrarian legal system, their implementation at the local level still faces various obstacles, such as discrepancies between legal norms and field practices, overlapping land control, and limited legal certainty for customary communities in urban areas. Recent policies related to the registration of customary communal land provide opportunities to strengthen legal protection, but their implementation still faces administrative and institutional challenges. In addition, urban development, increased economic activity, and investment flows in Medan City also exert pressure on the existence of customary land, which has the potential to trigger agrarian conflicts. The conclusion of this study emphasizes the need for a comprehensive, adaptive, and sustainable agrarian law approach to realize fairer and more responsive protection of customary communal rights amid urban dynamics. The implications of this study indicate the importance of synergy among the government, customary communities, and stakeholders in strengthening recognition, protection, and legal certainty over customary land in Medan City.

Analisis Yuridis terhadap Penolakan Pernikahan Siri dalam Perkara Isbat Nikah di Wilayah Hukum Pengadilan Agama Bukittinggi Tahun 2024

Aliffia Puti Deandra — 2026-05-14

The rejection of isbat nikah applications for unregistered marriages has received attention in various studies, but research specifically examining the juridical analysis of the rejection of unregistered marriages in isbat nikah cases at the Bukittinggi Religious Court in 2024 remains limited. This study aims to analyze judges’ legal considerations in rejecting isbat nikah applications, examine the rejection based on Islamic law and positive law, and assess its juridical implications for marital status and the civil rights of the parties. This study used a qualitative approach with a juridical case study design, involving judges of the Bukittinggi Religious Court and marriage registrars from the Office of Religious Affairs as informants selected through purposive sampling. Data were collected through interviews and documentation of court decisions, and were then analyzed qualitatively through the stages of data reduction, data display, and conclusion drawing. The results showed that the rejection of isbat nikah applications was based on the non-fulfillment of the pillars and valid requirements of marriage, particularly regarding the invalidity of the marriage guardian, weak witness evidence, and violations of marriage administration. These findings indicate that judges place greater emphasis on legal certainty and substantive legality than on social considerations alone. The conclusion of this study affirms the importance of fulfilling the valid requirements of marriage and registering marriages as a form of legal protection for families. This study contributes to the development of Islamic family law studies, particularly regarding the position of the marriage guardian, witness evidence, and the urgency of marriage registration in isbat nikah cases.

Tinjauan Maslahah Mursalah terhadap Tradisi Adat Manjapuik Sumando Setelah Kematian Istri di Nagari Koto Gadang Kecamatan Baso

Trisgia Trisgia — 2026-05-15

The customary tradition of manjapuik sumando after the death of a wife in Minangkabau society has received attention in various studies, yet research that specifically analyzes this tradition from the perspective of maslahah mursalah remains limited. This study aims to explore the implementation of the customary tradition of manjapuik sumando after the death of a wife in Nagari Koto Gadang, Baso Subdistrict, Agam Regency, and to analyze its relevance from the perspective of maslahah mursalah. This study used a qualitative approach with a field research and case study design. The research informants included customary leaders, niniak mamak, bundo kanduang, Islamic religious scholars, nagari officials, and community members selected through purposive sampling and snowball sampling techniques. Data were collected through interviews, Focus Group Discussions (FGDs), observation, and documentation, and were then analyzed using the Miles, Huberman, and Saldaña model through the stages of data reduction, data display, and conclusion drawing. The results show that the tradition of manjapuik sumando is still maintained as a form of respect for the sumando, a mechanism for preserving kinship relations, and a means of maintaining social harmony in Minangkabau customary society. This tradition is viewed as bringing social benefit and not conflicting with the basic principles of Islamic law, so it can be understood as a form of ‘urf shahih. This study contributes to the development of Islamic legal studies, particularly regarding the relationship between custom and Islamic law in Minangkabau matrilineal society. The implications of this study include theoretical contributions to the development of maslahah mursalah studies and practical implications for customary leaders, Islamic religious scholars, and nagari governments in maintaining harmony between the preservation of local culture and Islamic values.

Kedudukan Peradilan Tata Usaha Negara dalam Penyelesaian Sengketa Aparatur Sipil Negara di Indonesia

Subri Subri — 2026-05-17

The State Administrative Court (PTUN) plays a central role as an instrument of judicial oversight of personnel administrative decisions that may harm State Civil Apparatus (ASN). This study aims to analyze the mechanism for resolving ASN personnel disputes through the PTUN from the aspects of authority, procedure, and the substance of personnel administrative decisions, as well as to examine forms of legal protection for ASN who are harmed by decisions of dishonorable dismissal. This study used a normative legal method with a statutory approach and a case approach, referring to Jakarta State Administrative Court Decision Number 170/G/2020/PTUN.Jkt as the main analytical material. The results show that the mechanism for resolving ASN personnel disputes through the PTUN is systematic and multilayered. ASN are first required to pursue administrative remedies in the form of objections and administrative appeals before filing a lawsuit with the PTUN, which subsequently examines the validity of the State Administrative Decision based on authority, procedure, and its conformity with the General Principles of Good Governance. Legal protection for ASN subjected to dishonorable dismissal is realized through two dimensions, namely preventive protection in the form of guarantees of a fair examination process and the right to defend oneself, and repressive protection in the form of the right to pursue the state administrative court mechanism accompanied by the right to rehabilitation if the lawsuit is granted. The conclusion of this study emphasizes that the PTUN has an important position in ensuring legal certainty, procedural justice, and the protection of ASN rights in personnel administrative disputes. The implications of the study show that the effectiveness of legal protection for ASN greatly depends on the quality of evidence and procedural compliance from the early stages of the personnel process.

Fungsi Notaris dalam Pembuatan Akta Fidusia Terkait Perkara yang Diselesaikan melalui Restorative Justice

Fiorentina Fiorentina — 2026-05-17

Although restorative justice (RJ) has been adopted in criminal law enforcement in Indonesia, the resulting settlement agreements often lack executorial force, leaving victims in legal uncertainty. This study aims to analyze the legal position of the Fiduciary Deed in supporting the RJ Settlement Deed and to construct an ideal legal framework for synchronizing the two deeds. This study used a normative legal method with statutory and conceptual approaches. Legal materials were collected through library research and analyzed prescriptively using the deductive method. The results show that the Fiduciary Deed, as an accessory agreement, fundamentally transforms the victim’s position from complainant to preferred creditor, converts the promise of compensation into a security right in rem, and provides executorial force equivalent to a court decision. Following Constitutional Court Decision No. 18/PUU-XVII/2019, notaries play a strategic role in formulating adaptive default clauses. This study also identifies three integration models, with the Notarial Settlement Deed model as the model with the strongest legal force. The conclusion of this study emphasizes the importance of the Fiduciary Deed as a legal instrument that provides executorial power to settlement agreements in RJ, so that the objective of victim recovery can be realized more certainly and quickly. The implications of this study include recommendations for amending the Fiduciary Security Law, revising Perpol No. 8/2021, issuing a Joint Regulation, and opening new professional and economic spaces for notaries.

Efektivitas Pelaksanaan Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan Berkaitan dengan Modifikasi Kendaraan Bermotor di Kota Bukittinggi Ditinjau dari Perspektif Siyasah Tanfidziyah

Sasa Sakinah — 2026-05-19

Studies on employee retention have been widely conducted, yet research that specifically discusses the effects of compensation, job satisfaction, and career development on employee retention at PT Sarana Sumatera Barat Ventura remains limited. This study aims to analyze the effects of compensation, job satisfaction, and career development on employee retention at PT Sarana Sumatera Barat Ventura. This study used a quantitative approach with a survey design. The research respondents consisted of 34 employees determined using total sampling. Data were collected through questionnaires and then analyzed through validity testing, reliability testing, classical assumption testing, multiple linear regression analysis, and hypothesis testing with the assistance of SPSS. The results show that compensation has no significant effect on employee retention. Job satisfaction has a positive and significant effect on employee retention, whereas career development has no significant effect on employee retention. This finding broadens understanding of the factors that influence employee retention in the context of a regional financial company. The conclusion of this study emphasizes that job satisfaction is an important factor in increasing employee retention at PT Sarana Sumatera Barat Ventura. The practical implications of this study indicate the need for the company to prioritize improving job satisfaction as the main strategy for retaining employees and supporting human resource stability.

Pandangan Tokoh Masyarakat terhadap Pernikahan Wanita Hamil di Luar Nikah Perspektif ‘Urf (Studi Kasus di Nagari Paninggahan Kecamatan Junjung Sirih Kabupaten Solok)

Izatul Jannah — 2026-05-20

The marriage of women pregnant out of wedlock has received attention in several studies, yet research specifically discussing community leaders’ views on this practice from the perspective of ‘urf in Minangkabau society remains limited. This study aims to analyze the practice of marriage among women pregnant out of wedlock in Nagari Paninggahan, Junjung Sirih Subdistrict, Solok Regency, examine community leaders’ views on this practice, and analyze it from the perspective of ‘urf as one of the considerations in Islamic law. This study used a qualitative approach with a case study design, involving customary leaders, Islamic religious scholars, niniak mamak, bundo kanduang, and community members selected through purposive sampling. Data were collected through observation, in-depth interviews, and documentation, and were then analyzed using the interactive analysis technique of Miles, Huberman, and Saldaña, which includes data reduction, data display, and conclusion drawing. The results show that the practice of marriage among women pregnant out of wedlock in Nagari Paninggahan is carried out as a form of social and customary resolution to preserve family honor, protect women and children, and prevent social conflict within the community. The majority of community leaders support this practice because it is viewed as bringing greater benefit than allowing the problem to develop without resolution. This finding contributes to the development of Islamic family law studies based on local wisdom and broadens understanding of the relationship between custom and Islamic law in Minangkabau society. The conclusion of this study emphasizes the importance of synergy between customary and religious approaches in resolving social problems in society. The practical implications of this study indicate the need to strengthen moral guidance and religious education for the younger generation as a preventive effort against similar social problems.

Pelaksanaan Pembatalan Partai Politik sebagai Peserta Pemilihan Umum oleh Komisi Pemilihan Umum dalam Pemilihan Umum Legislatif di Kota Solok Nomor 18 Tahun 2023 tentang Pengelolaan Dana Kampanye

Shiva Alia Maharani — 2026-05-20

Campaign fund management is an important aspect of maintaining the transparency, accountability, and integrity of General Elections. Although previous studies have extensively discussed campaign funds from the perspectives of supervision and accountability, studies on the cancellation of political parties as election participants due to failure to submit the Initial Campaign Fund Report (LADK) remain limited. This study aims to analyze the implementation of the cancellation of political parties as participants in the Legislative General Election by the Solok City General Elections Commission (KPU) based on General Elections Commission Regulation Number 18 of 2023 concerning Campaign Fund Management and to explain the resulting legal consequences. This study used an empirical sociological legal method with a descriptive qualitative approach. Data were collected through semi-structured interviews with the Solok City KPU and document studies of regulations and official decisions. The results show that the Solok City KPU canceled the participation of the Indonesian Solidarity Party, Garuda Party, and Ummat Party through Solok City KPU Decision Number 9 of 2024 because they did not submit the LADK. This cancellation resulted in legal consequences in the form of the loss of status as election participants, the disqualification of legislative candidates, and a reduction in the public’s political choices. This finding emphasizes the importance of political parties’ compliance with campaign fund reporting obligations as an instrument for maintaining electoral accountability and integrity. The implications of this study provide a basis for election organizers and political parties to strengthen administrative compliance, campaign fund transparency, and the governance of election participants in accordance with statutory regulations.

Pelaksanaan Pemberian Bantuan Hukum Berdasarkan Undang-Undang Nomor 16 Tahun 2011 tentang Bantuan Hukum terhadap Tahanan di Lembaga Pemasyarakatan Kelas IIB Solok

M. Fariz Alfiyan — 2026-05-20

The fulfillment of the right to legal aid for detainees in correctional institutions remains uneven, particularly among detainees with limited economic resources, legal knowledge, and access to information. This study aims to analyze the implementation of legal aid provision for detainees at the Class IIB Solok Correctional Institution based on Law Number 16 of 2011 concerning Legal Aid and to identify obstacles in its implementation. This study used a qualitative approach with an empirical legal research design. The research informants consisted of correctional institution officers, detainees, and advocates from Posbakumadin Kota Solok and Posbakumadin Koto Baru, who were selected purposively. Data were collected through interviews and literature study and were then analyzed using qualitative descriptive analysis. The results show that legal aid has been implemented through the stages of socialization, data collection, application submission, verification, advocate appointment, assistance, and reporting. However, its implementation still faces several obstacles, including detainees’ low legal literacy, stigma toward free legal aid services, administrative barriers, delays in assistance, limited advocate schedules, and weak interinstitutional coordination. The conclusion of this study emphasizes that the effectiveness of legal aid provision for detainees depends heavily on strengthening socialization, simplifying administration, ensuring timely assistance, and improving interinstitutional coordination. These findings imply the need for more responsive governance of legal aid services to ensure access to justice for detainees.

Pelaksanaan Hak Narapidana Wanita Berdasarkan Peraturan Pemerintah Republik Indonesia Nomor 32 Tahun 1999 tentang Syarat dan Tata Cara Pelaksanaan Hak Warga Binaan Pemasyarakatan di Lembaga Pemasyarakatan Perempuan Kelas IIB Padang

Sherly Alpines — 2026-05-20

The fulfillment of the rights of female prisoners is an important issue in the correctional system because women have specific needs related to reproductive health, psychological conditions, social relations, pregnancy, breastfeeding, and social reintegration. This study aims to analyze the implementation of the rights of female prisoners based on Government Regulation Number 32 of 1999 at the Class IIB Padang Women’s Correctional Institution and to identify the obstacles and efforts to resolve them. This study used a sociological juridical method with a qualitative descriptive approach. The research informants included the Head of the Correctional Institution, officials responsible for guidance and registration, clinic nurses, work activity staff, and 50 female prisoners selected purposively. Data were collected through interviews, observation, and document study, and were then analyzed qualitatively through the stages of editing, coding, data presentation, and conclusion drawing. The results show that the fulfillment of the basic rights of female prisoners, such as the right to worship, receive proper food, obtain health services, participate in self-reliance training, receive remission, and undergo assimilation, has been implemented fairly well. However, its implementation still faces obstacles in the form of limited specific regulations, overcapacity, health facilities, budgets, the number of officers, and industrial partners. The conclusion of this study emphasizes that fulfilling the rights of female prisoners requires strengthening regulations, improving facilities, and expanding cross-sectoral cooperation. These findings contribute to the development of the concept of gender-based corrections and provide practical implications for improving the governance of correctional services that are more responsive to the specific needs of female prisoners.

Implementasi Kaidah al-Ḍarar Yuzāl dalam Penyelesaian Masalah Ekonomi Digital Perspektif Maqāṣid al-Syarī‘ah

Abd. Rahman — 2026-05-21

The development of the Sharia digital economy in Indonesia provides ease of transactions, but it also gives rise to new risks, such as ambiguity in electronic contracts, exploitation of personal data, digital consumptive behavior, and weak consumer protection. Although previous studies have focused more on the formal legality of Sharia transactions, studies on the implementation of the principle of al-ḍarar yuzāl in preventing social and economic harm in the digital space remain limited. This study aims to analyze the relevance and implementation of the principle of al-ḍarar yuzāl in the Sharia digital economy from the perspective of maqāṣid al-syarī‘ah. This study used a qualitative approach with a literature study design through the analysis of scientific literature, regulations, fatwas, and documents related to Sharia fintech practices and the digital economy in Indonesia. Data were collected through documentation and searches of relevant academic sources and were then analyzed descriptively and interpretively. The results show that the implementation of the principle of al-ḍarar yuzāl in the Sharia digital economy has not been optimal because elements of gharar, weak contract transparency, digital algorithm manipulation, and low public digital literacy are still found. The findings also show a transformation in the meaning of harm in the digital space, which is not only manifested in financial losses but also includes the exploitation of personal data, psychological pressure, and technological dependence. From the perspective of maqāṣid al-syarī‘ah, the protection of wealth (ḥifẓ al-māl), intellect (ḥifẓ al-‘aql), and life (ḥifẓ al-nafs) serves as an important foundation for the development of the Sharia digital economy. The conclusion of this study emphasizes that the principle of al-ḍarar yuzāl is relevant as a normative basis for preventing harm in the Sharia digital economy. The implications of this study include the need to strengthen regulation, technological ethics, and Sharia digital literacy in order to realize a digital economic ecosystem that is fair, secure, and oriented toward public welfare.

Analisis Maslahat terhadap Digitalisasi Program Selalu Samawa dalam Pencatatan Perkawinan di KUA Padang Panjang Barat

Melany Putri — 2026-05-22

The digitalization of marriage administration services has received attention in various studies, but research that specifically analyzes the benefits of the digitalization of the SELALU SAMAWA Program in marriage registration at the Office of Religious Affairs (KUA) of West Padang Panjang remains limited. This study aims to analyze the implementation of the digitalization of the SELALU SAMAWA Program in marriage registration and examine it from the perspective of maslahat in Islamic law. This study employed a qualitative approach with a field research and qualitative descriptive design. The research participants included officers of the KUA of West Padang Panjang, officers of the Population and Civil Registration Office (Disdukcapil), and bridal couples who participated in the SELALU SAMAWA Program, who were selected through purposive sampling. Data were collected through observation, interviews, and documentation and were then analyzed descriptively and inductively through the stages of data reduction, data presentation, and conclusion drawing. The results showed that the digitalization of the SELALU SAMAWA Program improved the effectiveness of marriage administration services through system integration between the KUA and Disdukcapil, enabling the public to obtain post-marriage administrative documents more quickly, practically, and efficiently. This program also contains elements of maslahat because it facilitates services, protects the administrative rights of the public, and supports orderly marriage registration from the perspective of maqashid al-syari’ah. Nevertheless, the program’s implementation still faces obstacles in the form of network disruptions, delays in data synchronization, and limited digital literacy among the public. The conclusion of this study affirms that the digitalization of the SELALU SAMAWA Program plays an important role in strengthening the effectiveness, accessibility, and public benefit of marriage administration services. These findings provide a theoretical contribution to the development of studies on maslahat in the digital transformation of public services and a practical contribution to strengthening digital-based marriage administration systems within the KUA environment.

Tradisi Surang Naiak Surang Turun Ditinjau dari Perspektif Hukum Islam di Nagari Kapau Alam Pauh Duo Kecamatan Pauh Duo Kabupaten Solok Selatan

Anggun Padila — 2026-05-22

The surang naiak surang turun tradition in the implementation of Minangkabau traditional marriage has received attention in several studies, but research that specifically discusses its impact on family resilience and examines it from the perspective of Islamic law remains limited. This study aims to analyze the implementation of the surang naiak surang turun tradition in Nagari Kapau Alam Pauh Duo, Pauh Duo Subdistrict, South Solok Regency, identify its impact on family resilience, and examine it from the perspective of Islamic law. This study employed a qualitative approach with a case study design. The research participants included traditional leaders, religious leaders, couples who practiced the tradition, and local community members, who were selected through purposive sampling. Data were collected through observation, interviews, and documentation and were then analyzed descriptively and qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The results showed that the surang naiak surang turun tradition is still maintained by the community as a cultural heritage that contains social and economic values. This tradition is considered capable of reducing walimah costs, strengthening kinship relations, and reinforcing social solidarity within the community. Nevertheless, this study also found the existence of social stigma and community beliefs regarding the possibility of mudharat if the tradition is not carried out. These findings contribute to the development of Islamic legal studies based on local culture, particularly in understanding the concept of ‘urf within Minangkabau society. The conclusion of this study affirms the importance of preserving local traditions that contain public benefit as long as they do not conflict with the principles of Islamic law.

The Role of Islamic Counseling Guidance for Perpetrators of Domestic Violence

Nurahmah Wati — 2026-05-24

Domestic violence remains a persistent problem in Indonesia, producing long-term physical, psychological, social, and spiritual harm for victims, families, and communities. Although Islamic counseling has been proposed as a rehabilitative and preventive approach, field-based evidence on its application to domestic violence perpetrators remains limited. This study aims to explore how Islamic counseling rehabilitates domestic violence perpetrators and strengthens family resilience. Using a qualitative case study design, the research examined two perpetrator cases through in-depth interviews with counselors and mentors, direct observation of counseling sessions and community activities, and analysis of program documentation. The data were analyzed descriptively through data reduction, narrative presentation, and thematic synthesis. The findings indicate that perpetrators’ violent behavior was associated with poor emotion regulation, maladaptive learned responses, early or forced marital transitions, patriarchal norms, and limited communication skills. The counseling process integrated behavioral methods, including modeling, reinforcement, emotion-regulation training, social-skills training, and cognitive behavioral therapy techniques, with Islamic spiritual practices such as muhasabah, istighfar, and dhikr to foster self-awareness, cognitive restructuring, repentance, and intrinsic motivation for behavioral change. The intervention also involved family mentoring, community support groups, and religious leaders, enabling perpetrators to practice new relational skills while supporting normative shifts against violence. Critical program components included a modular medium- to long-term design, measurable targets, follow-up monitoring, counselor competence in clinical–religious integration, and victim-safety safeguards. Participants, including child witnesses, reported improved emotional stability, renewed religious engagement, and observable reductions in aggressive behavior; however, the findings are limited by the small sample size and local context. The study concludes that the systematic integration of behavioral and cognitive behavioral techniques with Islamic spiritual frameworks offers a promising approach for rehabilitating domestic violence perpetrators and rebuilding family resilience in Indonesian settings. This study contributes to Islamic counseling, family resilience, and domestic violence intervention literature by providing field-based insights into a culturally and religiously grounded perpetrator rehabilitation model, while larger-scale controlled studies are needed to test generalizability and refine intervention modules.

Strategi dalam Mewujudkan Keharmonisan Rumah Tangga bagi Istri yang Ditinggal Suami Merantau di Jorong Balai Gurah Kanagarian Balai Gurah Kecamatan Ampek Angkek

Rhesti Maulana — 2026-05-24

The phenomenon of many husbands migrating for work to earn a living in Jorong Balai Gurah creates particular challenges for wives in maintaining household harmony and integrity. This study aims to examine the strategies used by wives to maintain household integrity while their husbands are away for work and to review them from the perspective of Islamic law. This study employed a qualitative approach with a descriptive design. The main informants of the study were five wives whose husbands had migrated for work. Data were collected through observation, interviews, and documentation and were then analyzed descriptively and qualitatively. The results showed that the main strategies used by the wives included open communication, mutual trust, the performance of dual roles in the household, and efforts to maintain mental and physical health. Emotional support from husbands through video calls and involvement in decision-making also played a role in maintaining household harmony. From the perspective of Islamic law, migrating for work is permissible as long as certain conditions are fulfilled, such as the wife’s permission, regular provision of maintenance, and maintained communication. If these conditions are not fulfilled, the wife has the right to file for divorce. The conclusion of this study affirms that the strategies implemented by the wives are in line with the principles of Islamic law in maintaining a family characterized by sakinah, mawaddah, and rahmah. These findings contribute to studies of Muslim families, particularly regarding household resilience in the context of husbands migrating for work, and provide practical implications for couples in building communication, trust, and family responsibility on an ongoing basis.

Sengketa Mangaku Induak dalam Masyarakat Minangkabau: Studi Kasus di Dharmasraya

Tasbillah Syamyul — 2026-05-24

The practice of mangaku induak in Minangkabau society, particularly in Dharmasraya, is a mechanism of social integration within the matrilineal kinship system that functions to provide social recognition to individuals who do not have a clear lineage within a clan. This study aims to examine the practice of mangaku induak, analyze the potential disputes it generates, and explain the mechanisms for resolving customary disputes in Minangkabau society. This study employed a qualitative approach with a socio-legal type. Data were collected through interviews, observation, and literature study and were then analyzed descriptively and qualitatively. The results showed that mangaku induak plays an important role in maintaining social order and cohesion, but it also has the potential to generate disputes, particularly regarding kinship status, inheritance rights to high-value ancestral property, and social recognition within society. These disputes are influenced by differences in understanding customary law, economic interests, lack of participation in deliberation, and social changes resulting from modernization. Dispute resolution is generally carried out through customary mechanisms, namely community deliberation, the role of ninik mamak, and the Nagari Customary Council (KAN), using a familial approach that emphasizes the restoration of social relations. The conclusion of this study affirms that mangaku induak remains relevant as a traditional practice in Minangkabau society but requires adaptive management so that it remains aligned with the dynamics of modern society without losing its fundamental values. These findings contribute to the development of studies on customary law and sociology of law, particularly in understanding the relationship between matrilineal kinship, social recognition, and customary dispute resolution.

Cyber-Duty of Care: Kerangka Hukum Pertanggungjawaban Lembaga Arbitrase Internasional atas Pelanggaran Keamanan Data dalam Persidangan Virtual di Indonesia

Afandono Cahyo Putranto — 2026-05-25

The increasing adoption of virtual conferencing technology after the COVID-19 pandemic has encouraged the use of online hearings in arbitration proceedings, while also giving rise to risks of confidential data leakage and cybersecurity breaches in transnational commercial disputes. This study aims to analyze the legal framework for the liability of international arbitration institutions for data security breaches in virtual hearings in Indonesia and to reconstruct relevant legal doctrines for the national arbitration regime. This study uses a normative juridical method with statutory, conceptual, and comparative approaches based on functional comparison. The results show that there is no legally binding standardization of cybersecurity protocols for international arbitration institutions in Indonesia, unlike Singapore and the United Kingdom, which already have more comprehensive regulatory frameworks. In addition, the construction of arbitral civil liability in the Indonesian legal system remains fragmented and has not been able to address losses resulting from data breaches in transnational commercial disputes. The conclusion of this study affirms the need to reconstruct the concept of Cyber-Duty of Care as a new legal doctrine in the Indonesian arbitration regime that systematically integrates the principles of personal data protection, cybersecurity standards, and arbitral civil liability. These findings provide a theoretical contribution to the development of arbitration law and data protection in virtual hearings, as well as practical implications for policymakers and arbitration institutions in strengthening data security protocols in international arbitration proceedings in Indonesia.

Peralihan Hak AdSense YouTube sebagai Harta Warisan

Mutiara Banjarianty Sundari Syahputeri — 2026-05-25

Although digital assets have received attention in various previous studies, research that specifically discusses the transfer of rights to sustainable digital income, such as YouTube AdSense, remains limited. This study aims to analyze the legal consequences of YouTube AdSense as inherited property and to formulate a mechanism for transferring its rights to heirs under Indonesian positive law. This study used a normative legal approach with statutory and conceptual approaches. The legal materials used included primary, secondary, and tertiary legal materials, which were analyzed qualitatively. The results showed that YouTube AdSense qualifies as intangible movable property (immateriële goederen) under Article 499 of the Indonesian Civil Code and constitutes an economic right over video content protected by copyright. Thus, this right is automatically transferred to the heirs as part of the estate based on the principle of universal succession (successio ex lege). The conclusion of this study affirms that the inheritance of YouTube AdSense gives rise to a right to royalties as well as an obligation of transparent management for the heirs. Its transfer mechanism requires proof of heir status, administrative verification with the platform, and joint management of the account. These findings provide a theoretical contribution to the development of inheritance law literature related to digital assets as well as practical implications for notaries and policymakers in formulating digital inheritance regulations.

Keywords: YouTube AdSense; Digital Inheritance; Digital Assets; Transfer of Rights; Indonesian Inheritance Law

Analisis Pemikiran Imam Syafi’i dan Imam Ibnu Hazm terhadap Cacat sebagai Alasan Perceraian Perspektif Maslahah Mursalah

Amelia Rahman — 2026-05-26

Although defects as grounds for divorce in Islamic law have received attention in various previous studies, research that specifically compares the thought of Imam Syafi’i and Imam Ibnu Hazm from the perspective of maslahah mursalah remains limited. This study aims to analyze the views of Imam Syafi’i and Imam Ibnu Hazm regarding defects as grounds for divorce and their relevance from the perspective of maslahah mursalah. This study used a qualitative approach with a library research design. The data sources consisted of primary sources, namely al-Umm by Imam Syafi’i and al-Muhalla by Imam Ibnu Hazm, as well as secondary sources in the form of books, journals, scientific articles, and other documents relevant to the research theme. Data were collected through documentation and literature study techniques and were then analyzed using inductive, deductive, and comparative methods. The results showed that Imam Syafi’i permitted certain defects to be used as grounds for divorce if such defects obstructed the objectives of marriage and caused harm to the spouse. Conversely, Imam Ibnu Hazm argued that defects could not be used as grounds for divorce because there was no scriptural text that explicitly allowed the annulment of marriage due to defects. This difference in views was influenced by the legal istinbāṭ methods used by the two figures; Imam Syafi’i referred to the Qur’an, Sunnah, ijma’, and qiyas, whereas Imam Ibnu Hazm was more oriented toward a textualist approach to scriptural texts. The conclusion of this study affirms the importance of considering public benefit in understanding the dynamics of contemporary Islamic family law, particularly in relation to divorce due to defects. These findings provide a theoretical contribution to the development of Islamic family law studies by clarifying the relationship between maslahah mursalah, maqasid al-syari’ah, and divorce due to defects.

Implementasi Peraturan Bupati Nomor 9 Tahun 2021 tentang Tata Cara Penghapusan Piutang Pajak Bumi Bangunan Perdesaan dan Perkotaan (PBB-P2) yang Sudah Kedaluwarsa di Kabupaten Dharmasraya Menurut Siyasah Tanfiziyah

Sherly Yunita — 2026-05-26

This study was motivated by the accumulation of overdue Rural and Urban Land and Building Tax (PBB-P2) receivables in Dharmasraya Regency for approximately 16 years, particularly receivables originating from the period before regional expansion and no longer collectible because they had exceeded the time limit stipulated in tax regulations. This condition created administrative problems, affected the quality of regional financial reports, and encouraged the local government to enact Regent Regulation Number 9 of 2021 concerning the procedure for writing off overdue PBB-P2 receivables. However, its implementation still shows discrepancies between policy provisions and field realization, particularly regarding the implementation deadline. This study aims to analyze the implementation of Regent Regulation Number 9 of 2021 and review it from the perspective of siyasah tanfiziyah, particularly in the aspects of justice, trustworthiness, and public benefit. This study used field research with a descriptive qualitative approach. Data were obtained through interviews with relevant informants, namely the Legal Division of the Regional Secretariat, the Regional House of Representatives, and the Regional Finance Agency, as well as documentation in the form of archives, documents, and decrees on the write-off of receivables. The data were analyzed through the stages of data collection, data reduction, and conclusion drawing. The results showed that policy implementation had proceeded according to procedure and reflected the principle of accountability. From the perspective of siyasah tanfiziyah, this policy has fulfilled the principles of justice, trustworthiness, and public benefit, although obstacles remain in the form of incomplete data, changes in administrative regions, limited resources, and suboptimal interinstitutional coordination. The conclusion of this study affirms that the write-off of overdue PBB-P2 receivables is an important administrative and legal measure for improving regional financial governance. These findings contribute to the development of public policy studies and Islamic constitutional law and have practical implications for local governments in strengthening accountability, coordination, and accuracy in implementing regional receivables write-off policies.

Putusan Kumulasi Isbat Nikah dengan Cerai Gugat Perkara Nomor 115/Pdt.G/2025/PA.Min Perspektif Istihsan bi al-Maslahah

Miftahul Hamdi — 2026-05-27

The cumulation of marriage legalization and wife-initiated divorce in religious court practice has received attention in various studies, yet studies specifically discussing the application of istihsan bi al-maslahah in judges’ considerations in such cumulative cases remain limited. This study aims to analyze the judges’ legal considerations in Decision of the Maninjau Religious Court Number 115/Pdt.G/2025/PA.Min concerning the cumulation of marriage legalization and wife-initiated divorce from the perspective of istihsan bi al-maslahah. This study used a qualitative approach with a normative juridical and case study design. The main data source was Decision of the Maninjau Religious Court Number 115/Pdt.G/2025/PA.Min, which was purposively selected together with relevant legal documents and literature. The data were collected through documentation and library research, then analyzed descriptively and qualitatively through the stages of data reduction, data presentation, and conclusion drawing. The results show that the panel of judges granted the petition for marriage legalization and wife-initiated divorce by considering public benefit, the protection of women’s rights, and the prevention of harm resulting from the unclear legal status of an unregistered marriage. These considerations reflect the application of istihsan bi al-maslahah through an orientation toward substantive justice, rather than merely the application of administrative formalities. This study contributes to the development of Islamic legal studies, particularly ushul fiqh and Islamic family law, and expands understanding of the practice of judicial ijtihad within the Religious Courts in Indonesia. Its implications include the theoretical strengthening of the concept of maqasid al-syari‘ah and the provision of practical considerations for religious courts in resolving contemporary Islamic family cases.

Analisis Kewenangan Pemerintah Daerah Kota Bukittinggi dalam Penanggulangan Inflasi Cabai Berdasarkan Undang-Undang Nomor 23 Tahun 2014 tentang Kewenangan Pemerintahan Daerah dalam Perspektif Siyasah Maliyah

Meri Ruzalia — 2026-05-28

The phenomenon of chili inflation in Bukittinggi City has become a regional economic problem that directly affects people’s purchasing power and food price stability. In September 2025, the price of chili reached IDR 90,000 per kilogram, while in February 2026 it remained in the range of IDR 50,000–60,000 per kilogram. This condition indicates high price fluctuations influenced by limited supply, dependence on supporting regions, and inefficient distribution. This study aims to analyze the authority of the Bukittinggi City Regional Government in addressing chili inflation based on Law Number 23 of 2014 concerning Regional Government and to examine its implementation from the perspective of Siyasah Maliyah. This study used field research with a normative-empirical qualitative approach. Data were obtained through observation, interviews, and documentation with informants from relevant agencies and chili traders at Aur Kuning Market. The data were analyzed descriptively through the stages of data reduction, data presentation, and conclusion drawing. The results show that the Bukittinggi City Regional Government has legitimate authority in controlling chili inflation through policies on local chili cultivation, the mixing of local and outside-region chili supplies, shortening the distribution chain, strengthening farmer institutions, and developing food infrastructure. From the perspective of Siyasah Maliyah, these policies generally reflect the principles of al-‘adl, maslahah ‘ammah, and the maxim tasharruf al-imam ‘ala al-ra’iyyah manuthun bil maslahah. This study contributes to the development of studies on regional government law and Islamic economics, particularly in understanding the authority of regional governments in maintaining food stability. The implications of this study emphasize the importance of food inflation governance based on regional authority, distributive justice, public benefit, and the strengthening of local supply resilience.

Analisis Yuridis terhadap Penjualan Harta Pailit yang Mudah Rusak di Bawah Nilai Likuidasi dalam Proses Kepailitan

Rafshahdy Azari Soediro — 2026-05-30

The sale of bankruptcy assets is an important stage in the settlement of the bankruptcy estate to fulfill payments to creditors. In bankruptcy practice in Indonesia, the sale of perishable bankruptcy assets below liquidation value by the receiver raises legal issues concerning the validity of the receiver’s actions and the limits of their authority under Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (UUK PKPU). This study aims to analyze the regulation of the sale of perishable bankruptcy assets below liquidation value from the perspective of the UUK PKPU and to examine the validity of the receiver’s actions in such sales. This study used a normative juridical legal method with statutory and conceptual approaches. Legal materials were obtained through a literature study of laws and regulations, journals, and other relevant provisions, then analyzed descriptively and qualitatively. The results show that Article 107 of the UUK PKPU grants discretion to the receiver to sell perishable objects in order to prevent a decline in the value of bankruptcy assets. However, Article 185 paragraphs (1), (2), and (3) of the UUK PKPU still require that the sale of bankruptcy assets must first be conducted publicly through an auction mechanism. If the auction fails and is proven by auction minutes, a private sale may be conducted with the permission of the Supervisory Judge. Decree of the Chief Justice of the Supreme Court of the Republic of Indonesia Number 109/KMA/SK/IV/2020 also affirms that the private sale value must not be below the liquidation price. Thus, the sale of perishable bankruptcy assets below liquidation value can only be legally justified if there is an urgent condition that clearly threatens the loss of the economic value of the bankruptcy assets, is carried out in good faith, obtains permission from the Supervisory Judge, does not harm the bankruptcy estate, and is intended to protect the rights and interests of creditors. This study contributes to strengthening bankruptcy law studies, particularly concerning the limits of the receiver’s discretion in settling perishable bankruptcy assets.

Transformasi Pemerintahan Daerah Kabupaten Batanghari pada Masa Orde Lama Tahun 1957

Nabila Desmaliya Putri — 2026-05-30

The transformation of regional government during the Old Order era became an important point in the administrative development of Batanghari Regency because it encouraged the formation of a more modern and centralized bureaucratic system. These changes influenced the life of the Batanghari community, particularly in the fields of government, society, culture, education, and the economy. This study aims to analyze the process of regional government transformation and its impact on the life of the Batanghari Regency community during the Old Order era in 1957. This study used a historical qualitative approach through library research combined with field data. Data sources were obtained from books, scholarly journals, articles, historical documents related to the history of Jambi and the development of regional government in 1957, as well as direct information from parties who knew the historical context. The data were analyzed descriptively through the review, grouping, and interpretation of relevant sources. The results show that regional government transformation brought significant changes to the administrative and bureaucratic systems in Batanghari. The government began to implement a more organized pattern of governance, so the position and role of traditional leaders gradually changed. Nevertheless, the Batanghari community continued to maintain Malay customary values and local traditions as the region’s cultural identity. The development of education, economic activities, and government institutions also influenced patterns of daily community life. Thus, regional government transformation during the Old Order era not only affected the political and administrative fields but also brought social and cultural changes to the Batanghari community as part of Jambi Province. This study contributes to the development of regional history and local government administration studies, particularly in understanding the relationship between bureaucratic change and the socio-cultural dynamics of society.

Pemikiran Politik Islam di Indonesia

Khoirul Huda — 2026-05-30

Although Islamic political thought in Indonesia has received attention in various studies, studies that specifically analyze the relationship between Islam and nationalism within the framework of Islamic political thought remain limited. This study aims to analyze the meaning of Islamic political thought as a conceptual effort by Muslims to formulate a system of power that is aligned with sharia values and the national context. This study used a qualitative method with a library research design and historical and normative approaches. Data sources consisted of primary and secondary data collected through documentation study by reading, understanding, examining, and recording various relevant literature, then analyzed using a descriptive-analytical method. The results show that Islamic political theory and thought in Indonesia have undergone transformation from the colonial period, the independence movement, to the reform era, reflecting adaptation to changing times. In the context of the relationship between Islam and nationalism, there has been a struggle between religious identity and national commitment that has produced a synthesis in the form of the Pancasila state. In addition, Islamic political thought in Indonesia has developed into several main schools, namely formalistic, substantive, and transformative, each with different characteristics and orientations. This study affirms that Islamic political thought in Indonesia is dynamic, contextual, and continues to develop in response to the challenges of the times. The implications of this study include theoretical contributions to the development of Islamic political thought literature and practical contributions for educators, students, historians, and researchers in understanding the dynamics of the relationship between Islam, nationalism, and national politics in Indonesia.

The Impact of Zakat Education, Religious Awareness, and Program Socialization on Participation of ASN Muzakki: A Study at BAZNAS (BAZIS) of Administrative City, West Jakarta

Ahmad Ruyat Ismail — 2026-05-30

The participation of civil servants, or State Civil Apparatus (ASN), in professional zakat is a strategic factor in optimizing zakat management through official state institutions, particularly BAZNAS (BAZIS) of DKI Jakarta Province. However, ASN participation in professional zakat, especially in West Jakarta Administrative City, remains low and is constrained by several institutional and socio-religious challenges. This study aims to analyze the influence of zakat education, religious awareness, and program socialization on ASN muzakki participation within the West Jakarta Administrative City Government. The study employed a mixed-methods approach with an explanatory sequential design, involving 377 respondents and in-depth interviews with three informants consisting of socialization and education program organizers and ASN who serve as muzakki. The findings indicate that zakat education, religious awareness, and program socialization simultaneously exert a significant influence on ASN professional zakat participation, with a collective effect of 66.3%. Among the three variables, program socialization provides the strongest contribution, followed by zakat education and religious awareness. The study concludes that systematic zakat education, the strengthening of religious values, and relevant socialization programs involving key figures are effective strategies for increasing ASN participation in professional zakat. These findings contribute to the development of evidence-based zakat collection policies and provide practical implications for BAZNAS (BAZIS) of DKI Jakarta Province in designing more responsive programs aligned with the socio-religious context of ASN in local government institutions.

Tinjauan Maslahah Mursalah terhadap Distribusi Daging Qurban kepada Orang Non Muslim (Studi di Nagari Jambak Kecamatan Luhak Nan Duo Kabupaten Pasaman Barat)

Andika Putra — 2026-05-31

The phenomenon of distributing qurban meat to non-Muslim communities is an interesting socio-religious practice to examine, particularly because this practice also takes place in Nagari Jambak, Luhak Nan Duo Subdistrict, Pasaman Barat Regency. This study aims to analyze the distribution and implementation of qurban in Nagari Jambak and to examine the distribution of qurban meat to non-Muslim communities from the perspective of maslahah mursalah. This study used a qualitative approach with a field research design. Data were obtained from primary sources through field observation and interviews, as well as from secondary sources in the form of relevant books, journals, and articles. The collected data were then processed and analyzed using descriptive analysis techniques. The results showed that the distribution of qurban meat in Nagari Jambak was not only provided to Muslim communities but also to non-Muslim communities on the basis of social concern. From the perspective of maslahah mursalah, the practice of distributing qurban meat to non-Muslim communities, as carried out by the people of Nagari Jambak, can basically be permitted because it contains values of public benefit. These values include the establishment of harmonious interreligious relations, the growth of mutual assistance, concern for communities in need, and the prevention of wastefulness. These findings affirm that the practice of distributing qurban meat to non-Muslim communities can be understood as a form of social concern that is in line with the objectives of Islamic law in realizing public benefit. The implications of this study contribute to the development of contextual Islamic legal studies, particularly in understanding socio-religious practices oriented toward social harmony and shared benefit.

Revolusi Kitab Undang-Undang Hukum Pidana terhadap Tantangan Konstitusionalitas dalam Kajian Siyasah Dusturiyah

Junmawalidin Junmawalidin — 2026-06-01

The reform of the Criminal Code (KUHP) needs to consider the principle of justice for the people so that criminal regulation does not become an instrument serving the interests of officials who formulate the rules. This study aims to examine changes to the KUHP in relation to the challenges of constitutionality from the perspective of siyasah dusturiyah and to analyze them through the framework of Islamic legal politics. This study used a normative juridical method with conceptual and statutory approaches. The focus of the study was directed at material issues in the articles of the new National KUHP as regulated in Law Number 1 of 2023 and Law Number 1 of 2026 concerning Criminal Adjustment. The research data were analyzed descriptively and normatively by examining the conformity of the substance of criminal regulation with the principles of constitutionality, legal justice, and the values of Islamic legal politics. The results showed that the existence of the new KUHP of 2023 still leaves crucial issues, although it has been accompanied by criminal adjustment regulations in 2026. These issues relate to the need to ensure that criminal law reform remains oriented toward the interests of the people, is in line with the principle of constitutional justice, and does not create room for abuse of authority in the formation or application of law. These findings contribute to the development of studies on national criminal law and siyasah dusturiyah, particularly in assessing the direction of KUHP reform based on the principles of justice, public benefit, and protection of community rights. The implications of this study affirm the importance of strengthening normative evaluation of the substance of the KUHP so that national criminal law reform truly reflects substantive justice and the public interest.

Larangan Menikahi Kerabat Mantan Istri Sesuku dalam Adat Masyarakat Nagari Koto Lamo, Kecamatan Kapur IX Perspektif Urf

Reti Alia Putri — 2026-06-01

The prohibition against marrying relatives of a former wife from the same clan in Minangkabau society is a customary practice related to the regulation of kinship relations, social harmony, and compliance with clan norms. Although this theme has been examined in several previous studies, research specifically discussing the prohibition against marrying relatives of a former wife from the same clan in the customs of the Nagari Koto Lamo community, Kapur IX Subdistrict, from the perspective of ‘urf remains limited. This study aims to analyze the implementation of the prohibition against marrying relatives of a former wife from the same clan in the customs of the Nagari Koto Lamo community and to examine it from the perspective of ‘urf in Islamic law. This study used a qualitative approach with a field research design. The research informants consisted of niniak mamak, alim ulama, community leaders, and members of the Nagari Koto Lamo community who were selected purposively. Data were collected through structured interviews and documentation, and were then analyzed descriptively and inductively. The results showed that the Nagari Koto Lamo community prohibits a person from marrying relatives of a former wife who come from the same clan or the same soko because it is considered likely to cause social conflict, damage kinship relations, and disrupt clan harmony. Violation of this prohibition is subject to a customary sanction in the form of being banished according to custom. From the perspective of ‘urf, this prohibition is classified as ‘urf fasid because it contradicts the provisions of Islamic law, which does not prohibit such a marriage as long as there is no mahram relationship. These findings contribute to the development of studies on Islamic family law, customary law, and ushul fiqh, particularly in understanding the relationship between custom and Islamic law in Minangkabau society.

Perlindungan Hukum bagi Perusahaan Akibat Wanprestasi dalam Perjanjian Kerja Sama (Studi Kasus di PT. Citra Mitra Sehati) Kota Bengkulu

Muhammad Gilang Anugrah Syahputra — 2026-06-01

Breach of contract in cooperation agreements is a legal issue that frequently occurs in the business sector because it may cause losses to parties that have fulfilled their obligations. This issue occurred in the cooperation relationship between PT Citra Mitra Sehati (PT CMS) and PT Bumi Cahaya Abhipraya Sehati (PT BCAS), when PT BCAS failed to fulfill its payment obligations for mining services that had been performed by PT CMS, resulting in financial and operational losses. This study aims to analyze the legal protection available to PT CMS as a result of breach of contract in its cooperation agreement with PT BCAS and to identify the factors causing the breach of contract. This study used empirical legal research with a qualitative approach. Data were obtained through interviews and document study, then analyzed descriptively and qualitatively. The results show that PT BCAS committed a breach of contract because it failed to fulfill its payment obligations as stipulated in Coal Mining Services Contract Number 003/CMS-BCAS/KONT-TAMB/02/2022. The legal protection available to PT CMS includes the right to issue a notice of default, demand performance, claim compensation, and request contract termination through non-litigation or litigation channels in accordance with the provisions of the Indonesian Civil Code. The factors causing the breach of contract include the weak good faith of the defaulting party, economic conditions, unclear contractual clauses, suboptimal supervision of contract implementation, difficulty in proving losses, the lengthy dispute resolution process, and the high cost of case settlement. The conclusion of the study affirms that legal protection for companies in cooperation agreements needs to be strengthened through the preparation of contracts that are clear, detailed, and oriented toward legal certainty. The implications of this study provide practical contributions for business actors in increasing contractual prudence, strengthening supervision of agreement implementation, and minimizing the risk of breach of contract in business cooperation.

E-Court dan Akses Keadilan Digital: Kajian Sosiologi Hukum terhadap Perubahan Pelayanan Peradilan

Mariatul Kiptiah — 2026-06-02

Although digital transformation in the judicial system has been widely studied, research that specifically discusses the implementation of E-Court from the perspective of the sociology of law and its implications for access to digital justice remains limited. This study aims to analyze the implementation of E-Court and its influence on access to digital justice, the transformation of legal culture, and patterns of social interaction in judicial services in Indonesia. This study used a qualitative approach with a case study design involving judges, court clerks, advocates, and members of the public who use E-Court services. Informants were selected through purposive sampling based on their direct involvement in the use of electronic judicial services. Data were collected through in-depth interviews, observation, and documentation, then analyzed using the interactive analysis model of Miles and Huberman, which includes data reduction, data display, and conclusion drawing. The results show that the implementation of E-Court has transformed the judicial service system through improved administrative efficiency, transparency, and accessibility of court services. However, digital inequality, low technological literacy, and limited infrastructure remain major obstacles to equitable access to digital justice. In addition, the shift from conventional judicial services to a digital system has also affected patterns of social interaction and the legal culture of justice seekers. These findings contribute to the development of studies in the sociology of law, particularly regarding the relationship between law, technology, and social change in the digital era. The conclusion of the study affirms that the implementation of E-Court serves not only as an administrative innovation but also as an instrument for transforming legal culture and expanding access to digital justice. The implications of this study provide practical contributions for the Supreme Court of the Republic of Indonesia and relevant stakeholders in strengthening digital literacy, technological infrastructure, and judicial policies that are more inclusive and responsive to public needs.

Implementasi Ramah Mazhab di Masjid Raya Syekh Ahmad Khatib al-Minangkabawi Sumatera Barat

Azka Ummah — 2026-06-05

Religious school diversity within Muslim communities requires an inclusive religious space to strengthen tolerance, coexistence, and social cohesion. This study examines the implementation of the “Ramah Mazhab” approach at the Syekh Ahmad Khatib Al-Minangkabawi Grand Mosque of West Sumatra as a mosque that plays an important role in promoting inter-school tolerance amid a society with strong historical and cultural ties to Islamic law. This study aims to understand the application of the “Ramah Mazhab” concept in encouraging acceptance, respect, and coexistence among various schools of Islamic jurisprudence in Islamic religious practice. This study used a qualitative approach through field observation, interviews with religious figures, and analysis of local religious practices. The results showed that the Syekh Ahmad Khatib Al-Minangkabawi Grand Mosque successfully integrated diverse school-based practices without neglecting the spirit of congregational unity. This inclusive approach contributed to reducing the potential for sectarian conflict, strengthening social cohesion, and enhancing the religious experience of congregants within a more open mosque environment. The conclusion of this study affirms that the implementation of “Ramah Mazhab” at the SAKA Grand Mosque can serve as a model for managing religious institutions that are responsive to school-of-jurisprudence diversity. The implications of this study indicate the importance of strengthening inclusive religious approaches for mosques and other Islamic institutions in building harmony, tolerance, and Muslim unity amid diverse Muslim communities.

Model Mediasi Berbasis Maqāṣid al-Syarī‘ah dalam Penyelesaian Konflik Rumah Tangga

Era Zufialina — 2026-06-05

Family conflicts often arise from interconnected psychological, economic, communication, and violence-related factors, while conventional mediation models are often procedural and less sensitive to emotional inequality and power relations. This study aims to formulate a mediation model for resolving family conflicts based on the principles of maqāṣid al-syarī‘ah. This study used a qualitative descriptive method with a normative-analytical approach through an analysis of classical uṣūl al-fiqh literature, contemporary studies, and Perma No. 1/2016 regulations. The results show that the integration of the five objectives of maqāṣid, namely the protection of religion, life, intellect, lineage, and property, provides a substantive ethical foundation for a mediation process that emphasizes justice, safety, and the sustainability of agreements. The Islamic family mediation model is formulated in four systematic stages, namely pre-mediation through self-assessment and emotional readiness, mediation implementation through maslahat–mafsadat assessment and empathetic communication, agreement formulation through justice-based validation, and post-mediation monitoring oriented toward child protection and the continuity of agreements. The conclusion of this study affirms that the maqāṣid al-syarī‘ah-based mediation model is more responsive, humane, and relevant in addressing the complexity of modern family conflicts. The contribution of this study lies in the formulation of an operational framework for Islamic family mediation that integrates normative, ethical, and practical dimensions to strengthen conflict resolution within families and religious court institutions.

Harmonisasi dan Eksekutif Review dalam Pengawasan dan Pembatalan Peraturan Kepala Daerah di Indonesia

Desip Trinanda — 2026-06-06

Institutional overlap and procedural inefficiency between the Ministry of Law and Human Rights and the Ministry of Home Affairs in the harmonization and supervision of regional regulations have implications for the emergence of legal uncertainty at the regional level. This study aims to analyze the juridical implications of the shift in authority over the harmonization of Draft Regional Head Regulations based on Law Number 13 of 2022, evaluate the dualism of executive regulatory review at the regional level, and formulate an ideal model of regulatory supervision within the framework of the Unitary State of the Republic of Indonesia. This study used a normative juridical approach with a conceptual design and a statutory approach. Primary and secondary legal materials were collected through a literature study of relevant legislation and court decisions, then analyzed qualitatively through systematic and teleological interpretation. The results show that although executive review of Regional Regulations has been conditionally invalidated by the Constitutional Court, executive review of Regional Head Regulations remains constitutional as a form of hierarchical supervision within the realm of state administration or bestuur. However, the harmonization process conducted by the Ministry of Law and Human Rights, which runs in parallel with evaluation by the Ministry of Home Affairs, creates procedural inefficiency and an anomaly of pseudo-harmonization, especially when drafts are unilaterally amended after the harmonization process. The conclusion of this study emphasizes the importance of a clear demarcation line between the harmonization of formal-legality aspects by the Ministry of Law and Human Rights and the evaluation of policy-substance aspects by the Ministry of Home Affairs to ensure legal certainty. The theoretical contribution of this study lies in strengthening the governance of central–regional relations, while its practical implications take the form of recommendations for a sequential collaboration framework and the development of a nationally integrated one-stop digital supervision portal.

Strategi Pemberdayaan Mustahik Berbasis Zakat Produktif pada BAZNAS Kabupaten Jepara

Ita Noviana — 2026-06-06

Although productive zakat has been widely examined in the Islamic economics literature, studies that specifically investigate mustahik empowerment strategies by zakat management institutions at the regional level remain limited. This study aims to analyze the productive zakat-based mustahik empowerment strategy implemented by BAZNAS of Jepara Regency. This study used a qualitative approach involving 15 informants, consisting of 9 managers of BAZNAS of Jepara Regency and 6 mustahik recipients of the productive zakat program. Data were collected through in-depth interviews, observation, and documentation, then analyzed using the Miles, Huberman, and Saldaña interactive model, which includes data reduction, data display, and conclusion drawing. The results showed that the empowerment strategy of BAZNAS of Jepara Regency was carried out through four main stages, namely beneficiary selection, business capital distribution, business mentoring, and program monitoring and evaluation. The productive zakat program contributed to improving the business capacity and economic independence of most mustahik, although program outcomes showed variation influenced by business management ability and market conditions. The conclusion of this study emphasizes that continuous mentoring and supervision are important factors in increasing the effectiveness of productive zakat programs. These findings contribute to the development of empowerment theory and enrich the literature on productive zakat management in the context of regional zakat institutions. The implications of this study provide input for zakat management institutions in strengthening mentoring systems and designing more sustainable economic empowerment programs.

Transformasi Hukum Keluarga Islam dalam Perspektif Kesetaraan Gender Analisis Perbandingan Indonesia dan Maroko

Widia Usada — 2026-06-06

The debate on gender relations in Islamic family law has intensified alongside increasing demands for the protection of women’s rights, legal modernization, and regulatory harmonization with the principles of justice and human rights. This condition makes family law reform an important issue in the legal systems of Muslim countries. This study aims to analyze gender equality policies in Islamic marriage law through a comparative study between Indonesia and Morocco. This study used a normative legal method with statutory and comparative approaches to the main regulations, namely Law Number 1 of 1974 concerning Marriage in Indonesia and the Mudawwanah in Morocco. The results showed that Indonesia and Morocco adopted different models of family law reform. Indonesia applies normative equality that is still influenced by patriarchal and hierarchical structures, whereas Morocco has developed the concept of husband–wife partnership through a more progressive reinterpretation of Islamic law. The conclusion of this study affirms that Islamic family law reform in both countries is equally directed toward strengthening gender equality, but Morocco, through the Mudawwanah, demonstrates more progressive changes in protecting the rights of women and children than Indonesia. The implications of this study indicate that Islamic family law reform needs to continue to be directed toward strengthening the principles of gender equality, the protection of women’s rights, and family justice without disregarding the fundamental values of Islamic law.

Islamic Family Law and the Dynamics of Household Harmony: A Literature Review

Nahdiya ‘Atiqah — 2026-06-06

Household harmony remains a central concern in contemporary Muslim family life, particularly amid social change, shifting family roles, and increasing marital conflict. This study examines the role of Islamic family law in achieving household harmony through a descriptive qualitative library research approach. Data were drawn from books, national and international journal articles, theses, laws and regulations, including Law No. 1 of 1974 and the Compilation of Islamic Law, and other relevant scholarly sources. The analysis synthesized conceptual and empirical literature on the purposes of marriage, spousal rights and obligations, child protection, conflict resolution, and the application of Islamic family law in contemporary society. The findings show that Islamic family law functions not only as a legal framework but also as an ethical and educational guide for fostering sakinah, mawaddah, and rahmah within the family. It supports household harmony by clarifying role distribution, promoting justice, protecting children’s rights, and institutionalizing deliberation (shura) and mediation (hakam) as mechanisms for resolving disputes and minimizing divorce. Effective implementation, reflected in mutual responsibility, open communication, equitable role-sharing, and child protection, is associated with stronger marital stability, improved child psychosocial well-being, and greater family resilience. Conversely, limited understanding or misapplication of Islamic family law principles may contribute to conflict, role uncertainty, and increased divorce risk. The study concludes that strengthening the comprehension and contextual application of Islamic family law is essential for sustaining harmonious and resilient Muslim households in the modern era. This study contributes to Islamic family law discourse by emphasizing its preventive, ethical, and restorative functions, with practical implications for premarital counselling, community education, and legal-social services.

Konstruksi Pembagian Peran Suami dan Istri dalam Hukum Keluarga Islam: Perspektif Teori Fungsionalisme Struktural

Jihan Al Layyinah — 2026-06-07

The division of roles between husband and wife in Islamic Family Law is a normative construction aimed at realizing a harmonious, prosperous, and sustainable family. Contemporary social changes, particularly the increasing participation of women in the public and economic sectors, have driven a transformation in relational patterns within Muslim families, so that the division of roles can no longer be understood rigidly. This study aims to analyze the construction of the division of roles between husband and wife in Islamic Family Law through the perspective of structural functionalism theory. This study used a normative legal method with a library research approach through a review of relevant legal sources and literature. The results showed that the division of roles between husband and wife has a social function in maintaining family stability, integration, and continuity, but this function does not have to be realized through fixed and hierarchical role patterns. Family stability is more determined by the success of husband and wife in carrying out family functions according to needs, public benefit, and the developing social context. The conclusion of this study affirms that the construction of role division in Muslim families needs to be understood functionally, namely by maintaining the fundamental goals and values of the family without closing the space for adaptation to social change. The contribution of this study lies in the development of the concept of functional flexibility, namely the understanding that what needs to be maintained in Muslim families is not a rigid form of role division, but rather the functions, goals, and public benefit to be achieved through that division of roles.

Analisis Perkembangan Ekosistem Investasi Syariah di Negara-Negara Berpendapatan Menengah: Peluang dan Tantangan Pengembangannya

Aril Zumaedi — 2026-06-09

The development of the Islamic investment ecosystem in middle-income countries has become an important issue in the global financial industry because of its potential to increase financial inclusion and support sustainable development. Although various studies have discussed Islamic finance, studies that comprehensively analyze the development of the Islamic investment ecosystem along with its opportunities and challenges in middle-income countries remain limited. This study aims to analyze the development of the Islamic investment ecosystem, identify supporting factors and opportunities for its development, and examine the challenges faced. This study used a qualitative approach with a multi-case study design. Data were collected through documentation studies of policy documents, Islamic finance industry reports, regulator publications, reports from international institutions, and relevant scientific articles, then analyzed using thematic analysis through the processes of reduction, categorization, interpretation, and conclusion drawing. The results showed that the development of Islamic investment is marked by the growth of the Islamic capital market, increased sukuk issuance, the development of Islamic fintech, and regulatory strengthening. The growth of the Muslim population, increasing awareness of halal investment, advances in financial technology, and integration with sustainable finance are the main factors supporting this development. However, Islamic investment still faces challenges in the form of low Islamic financial literacy, limited infrastructure, lack of product innovation, regulatory differences, and digital security risks. The conclusion of this study affirms that strengthening the Islamic investment ecosystem in middle-income countries requires synergy among regulation, literacy, product innovation, digital infrastructure, and sustainable finance principles. The implications of this study provide theoretical contributions to the development of Islamic investment studies and practical contributions for regulators, Islamic financial institutions, and industry actors in formulating more inclusive, adaptive, and sustainable Islamic investment development strategies.

Penerapan Akad Salam pada Sistem Pre-Order Marketplace: Studi Kritik Keabsahan Transaksi

Hasyim Mustofa — 2026-06-09

Although Islamic contracts for deferred delivery transactions have been widely studied, research that critically analyzes the validity of Pre-Order (PO) mechanisms on digital marketplace platforms from the perspective of Islamic commercial jurisprudence remains limited. This study aims to analyze the compatibility of PO transactions in digital marketplaces with the provisions of the Salam contract in classical Islamic jurisprudence. This study used a normative juridical approach through library research by analyzing primary sources in the form of classical fiqh texts, DSN-MUI fatwas, and contemporary Islamic economics studies. The data were analyzed using descriptive-analytical content analysis on three dimensions, namely the pillars and conditions of the Salam contract, the legal position of the marketplace as a third party, and the cancellation mechanism and delivery time provisions. The results showed that PO transactions structurally resemble the Salam contract, but the Down Payment (DP) system commonly applied has the potential to violate the prohibition of bay’ al-kali’ bil kali’. However, if the marketplace is positioned as the seller’s agent through an escrow system, the requirement of cash payment in advance can be fulfilled. The conclusion of this study affirms that full payment and clear product specifications are the minimum requirements for Salam contract compliance in PO transactions on marketplaces. The implications of this study provide theoretical contributions to the development of Islamic e-commerce jurisprudence and practical recommendations for marketplace governance based on sharia principles that are more consistent with the principles of Islamic commercial jurisprudence.

Fleksibilitas Ibadah bagi Pekerja Modern: Analisis Kaidah Idzā Ḍāqa al-Amru Ittasa‘a dalam Konteks Dunia Kerja Kontemporer

Muhammad Nurtaufiq Sudirman — 2026-06-11

The worship-related problems of modern workers indicate the need for an understanding of fiqh that is flexible, proportional, and still grounded in sharia provisions, especially when work demands create limitations in time, place, and physical condition in performing worship. This study aims to examine the concept of the maxim idzā ḍāqa al-amru ittasa‘a as a principle of flexibility in Islamic law, analyze the limits of its application in fiqh, and explain its implementation in the worship-related problems of modern workers. This study used a qualitative approach with a library research design through an examination of classical and contemporary fiqh literature and an analysis of various cases involving modern workers. The results show that this maxim provides legitimacy for various forms of rukhsah in worship that are relevant to the conditions of modern workers, such as the permissibility of combining prayers for medical personnel in emergency conditions, transportation workers with high mobility, rescue teams in disaster situations, and concessions in purification through tayamum when adequate facilities are unavailable. Under certain conditions, this maxim also allows adjustments in the performance of worship due to time and place constraints, such as for workers in dense work environments or in situations of extreme traffic congestion, while still observing sharia limits. However, the application of rukhsah is not absolute because it must be adjusted to the provisions and conditions formulated by scholars. The conclusion of this study affirms that Islamic law has a flexible yet measured character in providing ease for mukallaf according to the level of difficulty faced in modern life. The implications of this study contribute to the development of contemporary fiqh studies, particularly in formulating Islamic legal responses that are adaptive to the dynamics of modern work without disregarding the principles of prudence and sharia compliance.

Efektivitas Peraturan Nagari Suayan Nomor 3 Tahun 2016 Pasal 8 tentang Pemberlakuan Jam Malam bagi Remaja Menurut Fiqh Siyasah Tanfidziyah

Yoni Yolanda — 2026-06-13

Although Nagari Suayan Regulation Number 3 of 2016 Article 8 concerning curfew restrictions for adolescents has been implemented to maintain public morality and security, violations are still found in practice due to resistance from adolescents who feel that their freedom is restricted, as well as limited resources and the limited capacity of officials to conduct optimal supervision. This study aims to analyze the effectiveness of the implementation of Nagari Suayan Regulation Number 3 of 2016 Article 8 concerning curfews for adolescents and to review it from the perspective of Fiqh Siyasah Tanfidziyah. This study used field research with a descriptive qualitative approach. Primary data were collected through direct observation and in-depth interviews with the Nagari Head, nagari officials, and local community leaders. The results showed that, in terms of substance and legal foundation, this regulation was considered appropriate and aligned with the principles of Fiqh Siyasah Tanfidziyah because it is oriented toward public benefit and the protection of the younger generation from various potential dangers. However, the effectiveness of its implementation still needs to be improved because socialization has not been optimal and rule enforcement has not been carried out firmly. The conclusion of this study affirms that Nagari Suayan Regulation Number 3 of 2016 Article 8 has a relevant normative basis and socio-religious purpose, but it requires stronger implementation so that the objective of controlling curfews for adolescents can be achieved optimally. These findings imply the importance of improving socialization, supervision, and consistency in rule enforcement by the nagari government in realizing social order based on public benefit.

Peran Jaksa Pengacara Negara dalam Pengembalian Kerugian Keuangan Negara

Gladly Rifqi Samhudi — 2026-06-13

The State Attorney (JPN) is part of the Prosecutor’s Office of the Republic of Indonesia, which has the authority to represent the state or government in civil and state administrative cases, both inside and outside the court. One of the strategic roles of the JPN is to pursue the recovery of state financial losses resulting from default, unlawful acts, or administrative disputes involving state institutions. This study aims to analyze the forms of the State Attorney’s role in litigation and non-litigation processes and to describe the legal procedures undertaken in recovering state financial losses. This study used a descriptive qualitative method with a document study and legal literature approach. Data were obtained from laws and regulations, court decisions, academic journals, and prosecutorial policy documents. The results showed that the role of the JPN includes preventive actions through the provision of legal opinions and legal assistance, as well as repressive actions through civil lawsuits, the implementation of court decisions, and asset execution. The legal procedures undertaken were carried out systematically, beginning with the request for power of attorney, case review, non-litigation settlement, litigation, and execution. The conclusion of this study affirms that the State Attorney has an important role in supporting the recovery of state financial losses through civil and state administrative law instruments. These findings imply the need to strengthen the JPN’s function in providing legal assistance, resolving disputes effectively, and optimizing the recovery of state losses in an accountable manner.

Perbandingan Hukum Pers Indonesia dan Thailand dalam Perspektif Hukum Tata Negara

Sari Febriyana Muriya — 2026-06-14

Freedom of the press is an important element in a democratic state, but its regulation and restriction differ in each country according to the constitutional character adopted. Indonesia and Thailand show fundamental differences in providing protection for freedom of the press, making it important to examine the relationship between a state’s constitutional character and the model of protection and restriction of press freedom. This study aims to analyze the comparison of press freedom regulation in Indonesia and Thailand from the perspective of constitutional law and to assess its conformity with the principles of the rule of law and human rights. This study is normative legal research using statutory, conceptual, and comparative approaches. Legal materials were collected through a literature study of laws and regulations, legal doctrines, and international human rights instruments, then analyzed juridically and comparatively. The results showed that Indonesia, as a state with the character of constitutional democracy, positions freedom of the press as a human right protected by the constitution through the 1945 Constitution of the Republic of Indonesia and Law Number 40 of 1999 concerning the Press, and is further strengthened by the existence of the Press Council as an independent institution. Conversely, Thailand, as a state characterized by constitutional monarchy, provides strong protection for the royal institution through Article 6 of the 2017 Constitution and Article 112 of the Thai Criminal Code, which restrict press freedom through the criminalization of criticism of the monarchy. Based on the principles of the rule of law, human rights, and General Comment No. 34 of the UN Human Rights Committee, Indonesia’s system of press freedom restrictions generally better fulfills the principles of legality, legitimate aim, and proportionality than Thailand’s system. The conclusion of this study affirms that the constitutional character of a state influences the level of protection and restriction of press freedom. These findings imply the importance of strengthening press regulations that are democratic, proportional, and human rights-oriented, as well as developing comparative constitutional law studies on the relationship between constitutional design and the protection of press freedom.

Hak Gugat bagi Pegawai Negeri Sipil (PNS) yang Diberhentikan Tidak dengan Hormat dengan Keputusan Tata Usaha Negara yang Didasarkan atas Putusan Pengadilan Tindak Pidana Korupsi

Kharis Maulana Riatno — 2026-06-14

Although the issue of dishonorable dismissal (PTDH) of Civil Servants (PNS) due to corruption crimes has been widely studied, research that specifically discusses the normative conflict between Supreme Court Circular Letter (SEMA) Number 5 of 2021 and Government Regulation Number 79 of 2021 concerning ASN’s right to sue remains limited. This study aims to analyze the legality of restricting PNS’s right to sue through SEMA Number 5 of 2021 and to formulate the ideal concept of access to justice in the state administrative law system. This study used a normative legal method with statutory, conceptual, and case approaches. Data were obtained through a literature study of primary and secondary legal materials, then analyzed qualitatively using prescriptive techniques. The results showed that the restriction of the right to sue through SEMA Number 5 of 2021 has the potential to create normative conflict, legal uncertainty, and restrictions on access to justice because it is not aligned with the right to legal remedies guaranteed under Government Regulation Number 79 of 2021. The findings also showed that PTDH decisions based on corruption criminal court decisions can still be reviewed in the state administrative court as long as the object of review is limited to administrative aspects. The conclusion of this study affirms that restricting PNS’s right to sue through the SEMA instrument needs to be positioned carefully so as not to reduce guarantees of legal protection in the state administrative law system. These findings imply the importance of harmonizing regulations on civil service dispute resolution and strengthening the concept of access to justice for ASN in obtaining fair, certain, and proportional legal protection.

Kendala Asas Retroaktif dalam Penanganan Pelanggaran HAM Berat

Syifa Azzohra — 2026-06-15

Although the application of the retroactive principle in resolving gross human rights violations has been widely studied, discussions that specifically examine the regulation of the retroactive principle and the juridical obstacles affecting the effectiveness of its application in the Indonesian legal system remain limited. This study aims to analyze the regulation of the retroactive principle in handling gross human rights violations and to examine the legal obstacles affecting its implementation. This study used a normative legal method with statutory and case approaches. The research data, consisting of primary and secondary legal materials, were collected through a literature study of laws and regulations, court decisions, books, and scientific journals, then analyzed descriptively and analytically. The results showed that the application of the retroactive principle to gross human rights violations in Indonesia obtains legitimacy through Law Number 26 of 2000 concerning Human Rights Courts as an exception to the principle of legality to prevent impunity for perpetrators of extraordinary crimes. However, the effectiveness of its application still faces several obstacles, particularly limited institutional capacity, issues of legal politics, and the suboptimal synergy between national and international legal mechanisms. A comparison with Japan shows that the success of enforcing justice is determined not only by the existence of legal norms but also by institutional support and the state’s commitment to human rights enforcement. These findings contribute to the development of human rights law studies, particularly in understanding the relationship between the principle of legality, the retroactive principle, and transitional justice. The implications of this study may serve as a consideration for policymakers in strengthening mechanisms for resolving gross human rights violations and encouraging further research on the effectiveness of integrating national and international legal mechanisms in human rights enforcement.

Disparitas Sanksi dalam Putusan Dewan Kehormatan Penyelenggara Pemilu Nomor 25-PKE-DKPP/I/2025 terhadap Anggota Komisi Pemilihan Umum Kota Banjarbaru

Renaldy Farhan — 2026-06-15

Although the enforcement of the code of ethics for election organizers by the Election Organizer Honorary Council (DKPP) has received attention in various previous studies, studies that specifically examine disparities in sanctions within a single decision against subjects involved in the same legal event remain limited. This study aims to analyze the ratio decidendi of the DKPP in imposing disparities in sanctions on members of the Banjarbaru City General Election Commission (KPU) in Decision No. 25-PKE-DKPP/I/2025 and to assess its conformity with the principle of proportionality in law. This study uses a normative legal method with statutory, case, and conceptual approaches. Data were collected through a literature study of laws and regulations, DKPP decisions, legal literature, and previous research findings, and were then analyzed descriptively and analytically. The results show that the DKPP differentiated sanctions based on the corrective attitude demonstrated by one of the respondents. However, this consideration was not accompanied by clear parameters regarding the weighting of the degree of fault, role, and form of responsibility of each respondent. As a result, the disparity in sanctions imposed still leaves issues in terms of proportionality, legal certainty, and consistency in enforcing the code of ethics. This finding contributes to the development of studies on election law and ethical adjudication, particularly regarding the application of the principle of proportionality in the imposition of sanctions. The implications of this study can serve as evaluation material for the DKPP in formulating legal considerations that are more transparent, measurable, and accountable, while also opening space for further research on the consistency of disparities in sanctions across various DKPP decisions.

Wasiat Wajibah sebagai Instrumen Perlindungan Hak Ahli Waris Beda Agama: Studi Komparatif Indonesia dan Negara-Negara Muslim dalam Perspektif Keadilan Hukum

Nadya Artika Maulani — 2026-06-17

Religious difference is one of the impediments to inheritance in Islamic law, which causes non-Muslim heirs not to obtain inheritance rights from Muslim testators. In its development, a number of Muslim countries have developed the concept of wasiat wajibah as a legal protection instrument for parties who are barred from receiving inheritance. This study aims to analyze the regulation of wasiat wajibah for heirs of different religions in Indonesia and Muslim countries, identify its similarities and differences, and examine its relevance from the perspective of legal justice. This study is normative legal research using statutory, conceptual, and comparative approaches. The results show that Indonesia provides protection for heirs of different religions through the development of the concept of wasiat wajibah based on Supreme Court jurisprudence. Conversely, Egypt and Morocco continue to maintain the prohibition on inheritance between different religions and do not expand the application of wasiat wajibah to non-Muslim heirs, but provide a bequest mechanism as a means of transferring assets to parties who are barred from inheriting. From the perspective of legal justice, these differences indicate variations in approaches to protecting the economic interests of family members without eliminating the basic principles of Islamic inheritance. The conclusion of this study affirms that wasiat wajibah can function as a legal protection instrument for heirs of different religions without negating the principle prohibiting inheritance between different religions in Islamic law. These findings contribute to the development of Islamic inheritance law reform that is more responsive to the dynamics of plural society.

Perlindungan Hukum terhadap Pemenuhan Hak Nafkah Anak Pasca Putusan Pengadilan

Khairunnisyah Khairunnisyah — 2026-06-18

Divorce in Indonesia continues to leave serious problems in the fulfillment of children’s maintenance rights, although this obligation is normatively attached to the father under Law Number 1 of 1974 and the Compilation of Islamic Law. This condition places children as a vulnerable party to developmental disruptions due to non-compliance with court decisions that have obtained permanent legal force (inkracht van gewijsde). This study aims to analyze the implementation of the fulfillment of children’s maintenance rights after court decisions and to formulate legal protection measures that can be pursued when this obligation is neglected. This study used a normative legal method with statutory, conceptual, and case approaches. Legal materials were analyzed descriptively and analytically through legal interpretation to reveal the gap between das sollen and das sein. The results show a sharp discrepancy in the implementation of child maintenance, because the applicable law enforcement mechanism still tends to be passive and dependent on the mother’s initiative, so court decisions often remain an administrative formality without actual execution. The conclusion of this study affirms that the protection of children’s maintenance rights has not been effective due to the absence of a permanent execution supervisory institution, limited access to the financial data of the obligated party, and weak sanctions for negligent parties. The implications of this study emphasize the need for a paradigm shift from passive enforcement to active enforcement through the integration of inter-institutional data systems, more assertive reform of execution policies, and the strengthening of administrative and criminal sanctions against fathers who neglect maintenance obligations in order to guarantee the best interests of the child.

Keabsahan Alat Bukti Elektronik dalam Perkara Perceraian: Analisis Yuridis dan Praktik di Pengadilan Agama

Rifky Akhmad Maulana Chaidir — 2026-06-18

Digital transformation has changed the dynamics of the law of evidence in Indonesia, including in divorce cases before the Religious Courts. Although Law Number 11 of 2008 concerning Electronic Information and Transactions has recognized electronic evidence as valid evidence, its implementation in religious court practice still faces epistemological and procedural obstacles. This study aims to analyze the legal status of electronic evidence, identify the gap between legal norms and judicial practice, and formulate appropriate legal reasoning for judges in verifying digital evidence. This study used a normative legal method with statutory and case approaches. The results show that juridically, electronic evidence has been recognized as an expansion of documentary evidence, but in practice, judges still tend to position digital evidence as supporting evidence. This disparity is influenced by the absence of uniform technical guidelines, limited digital forensic infrastructure, and the mindset of law enforcement officials that still prioritizes conventional evidentiary methods based on classical fiqh literature. The conclusion of this study affirms that the standardization of Digital Evidence Admissibility procedures is essential to minimize judicial subjectivity and legal uncertainty, while still observing the principle of prudence (ihtiyat) in Islamic law. The implications of this study emphasize the need to strengthen judges’ digital competence and renew evidentiary governance so that religious courts remain relevant, adaptive, and capable of delivering proportional justice in the era of information disruption.

Verstek dalam Perkara Perceraian di Pengadilan Agama dan Implikasinya terhadap Putusan

Hafizah Salsabilah Manik — 2026-06-18

Divorce cases in the Religious Courts require a balance between the efficiency of case resolution and the protection of the defendant’s rights, especially when a decision is rendered in the defendant’s absence through the verstek mechanism. This study aims to analyze the mechanism for applying verstek decisions in divorce cases in the Religious Courts and to formulate effective legal protection measures for defendants through the verzet mechanism. This study used a normative legal method with a prescriptive doctrinal approach through the examination of primary legal materials, such as HIR and RBg, as well as other relevant legal literature. The results show that verstek decisions are an important instrument for preventing stagnation in the judicial process due to the defendant’s passive attitude, but judges still have a judicial obligation to conduct ex officio examination to ensure that the claim is well-founded and does not violate rights. In divorce cases, the application of verstek has specific characteristics because judges bear a moral burden to view divorce as an ultimum remedium. As a balancing mechanism, verzet functions as an instrument of legal protection that provides defendants with a second opportunity to defend themselves and refute the plaintiff’s arguments through adversarial examination. The conclusion of this study affirms that the regulation of verstek and verzet represents a synthesis between the need for judicial efficiency and respect for substantive justice. The implications of this study indicate the importance of applying the principle of judicial prudence in divorce cases and the need for further socio-legal studies to assess the effectiveness of implementing such decisions in judicial practice across various regions.

Pola Pengasuhan Panti Asuhan Aisyiyah Balai Gurah Perspektif Konsep Hadhanah dalam Pengasuhan Keluarga Islam

Dina Nabila — 2026-06-18

Childcare patterns in Islamic-based care institutions have received attention in various studies, but research that specifically discusses the implementation of the concept of hadhanah in caregiving practices in orphanages remains limited. This study aims to analyze the caregiving patterns applied at Panti Asuhan Aisyiyah Balai Gurah and to examine their conformity with the concept of hadhanah in Islamic family caregiving. This study used a qualitative approach with a case study design. The research informants consisted of orphanage administrators and caregivers selected through purposive sampling. Data were collected through interviews, observation, and documentation, and were then analyzed using the interactive model of Miles, Huberman, and Saldaña, which includes data condensation, data display, and conclusion drawing and verification. The results show that caregiving patterns at Panti Asuhan Aisyiyah Balai Gurah are implemented in a structured manner through educational, religious, disciplinary, independence, and character development guidance. These patterns have accommodated the basic principles of hadhanah, including the fulfillment of children’s basic needs, education, health, protection, and spiritual guidance. The relationship between caregivers and foster children is built through a familial approach that positions caregivers as substitute parental figures. However, limited individual attention remains a challenge in the implementation of institution-based caregiving. The conclusion of this study affirms that childcare in Islamic-based orphanages needs to integrate the fulfillment of children’s physical, emotional, social, and spiritual needs in order to be oriented toward children’s welfare. The implications of this study contribute to the development of Islamic family law studies, particularly regarding the implementation of the concept of hadhanah in childcare institutions.

Inheritance Rights of Children Born Out of Wedlock: Comparative Indonesia and Malaysia Child Protection Radbruch Analysis

Ikwal Pangsa Chaniago — 2026-06-20

Constitutional Court Decision No. 46/PUU-VIII/2010 marked a paradigm shift in Indonesian family law by recognizing the legal relationship between children born out of wedlock and their biological fathers, particularly in relation to inheritance rights previously constrained by the absence of marriage registration. This study aimed to analyze the legal implications of the decision through Law No. 35 of 2014 on Child Protection and Gustav Radbruch’s legal values of justice, utility, and legal certainty. The study employed doctrinal and philosophical approaches to evaluate whether the decision fulfills substantive justice and the principle of the best interests of the child. The findings indicate that the decision aligns with Radbruch’s three legal values by advancing child protection and reducing discriminatory treatment against children born out of wedlock. However, a significant gap remains between normative recognition and practical enforcement due to the absence of clear technical regulations and unequal access to DNA testing mechanisms. In comparison, Malaysia applies a more conservative Islamic legal framework, in which children born out of wedlock are legally recognized only in relation to the mother and are excluded from inheritance rights from the biological father under faraid principles, although limited protection may be provided through hibah, wasiat, or state welfare institutions. The study concludes that Constitutional Court Decision No. 46/PUU-VIII/2010 provides an important foundation for strengthening substantive justice and child protection in Indonesia, but its effectiveness depends on clearer regulatory implementation. These findings contribute to the discourse on comparative family law, child protection, and legal philosophy, while offering practical implications for policymakers to strengthen legal certainty and ensure equal protection for all children without discrimination.

Status Harta Pusaka dan Harta Pencaharian dalam Sistem Mayorat Laki-Laki Masyarakat Lampung Pepadun Perspektif Kompilasi Hukum Islam

Lu’lu’ Salamah — 2026-06-20

Although the male primogeniture system in the Lampung Pepadun community has become an important part of customary identity, normative issues arise when the eldest son is positioned as the successor to customary status and manager of all inherited property without distinguishing between the status of ancestral property and acquired property. This study aims to analyze the position of ancestral property and acquired property in the male primogeniture system of the Lampung Pepadun community and their legal status under the Compilation of Islamic Law. This study used a normative legal method with statutory, conceptual, and limited comparative approaches. Legal materials were collected through library research and analyzed qualitatively. The results show that communal ancestral property can continue to be maintained under customary management by the eldest son as penyimbang, as long as it is not interpreted as absolute private ownership. Conversely, the legal status of acquired property needs to be examined as either personal property or joint marital property. If the acquired property is classified as joint marital property, the surviving spouse’s share must first be separated before the deceased’s share is distributed to the heirs. The conclusion of this study affirms that the male primogeniture system can still be maintained as the customary identity of the Lampung Pepadun community, but its application must be limited so that it does not eliminate the rights of spouses and heirs under the Compilation of Islamic Law. These findings contribute to the development of studies on customary inheritance law and Islamic law and imply the importance of harmonizing customary inheritance practices with the principles of justice in Islamic family law.

Kekuatan Eksekutorial Akta Jaminan Fidusia terhadap Objek yang Dikuasai Negara

Juan Satria Mahendra — 2026-06-20

Although fiduciary security has been extensively regulated in Law Number 42 of 1999, studies that specifically discuss the executorial force of fiduciary deeds when the collateral object is controlled by the state remain limited. This study aims to analyze whether state confiscation eliminates creditors’ proprietary rights over fiduciary collateral objects and to formulate the legal construction of the position of fiduciary creditors regarding collateral objects confiscated by the state. This study used a normative legal method with a theoretical research type, through a statutory approach and a prescriptive conceptual approach. Legal materials were collected through library research and analyzed qualitatively using systematic interpretation and deductive reasoning. The results show that state confiscation does not automatically eliminate creditors’ proprietary rights because fiduciary security has the characteristic of droit de suite as affirmed in Article 20 of Law Number 42 of 1999 and grants creditors a preferential position based on Article 27 paragraph (1) of the same law. However, the absence of explicit regulation regarding the position of fiduciary creditors when collateral objects are confiscated by the state creates legal uncertainty and a conflict of norms between civil law and criminal law. The conclusion of this study emphasizes the importance of synchronizing fiduciary security law and criminal confiscation procedures so that the rights of bona fide third parties remain protected. The implications of this study provide theoretical contributions to the development of security law literature and practical implications for policymakers in formulating clear creditor protection mechanisms when fiduciary collateral objects are subject to state confiscation.

Kepastian Hukum terhadap Pengajuan SHGB yang Telah Daluwarsa Menggunakan Akta Jual Beli (AJB)

Liebertha Lirung — 2026-06-20

Although expired Building Use Rights (Hak Guna Bangunan/HGB) have received attention in various agrarian law studies, research that specifically discusses the legal standing of the Deed of Sale and Purchase (Akta Jual Beli/AJB) as the basis for applying for the renewal of rights after the expiration of HGB remains limited. This study aims to analyze the legal force of an AJB made while the HGB was still valid and to explore legal certainty for AJB holders in applying for the renewal of land rights. This study used a qualitative approach with a normative legal research design. Primary and secondary legal materials were obtained through documentation studies and literature searches of legislation, court decisions, books, and legal journals. The data were analyzed using qualitative analysis techniques with deductive legal reasoning. The results show that an AJB made while the HGB was still valid retains legal force as evidence of the acquisition of rights and physical control over the land, although it can no longer be used as the basis for the transfer-of-name process after the HGB has expired. These findings contribute to the development of agrarian law theory, particularly concerning legal protection for good-faith buyers in land administration practices. The conclusion of this study affirms that good faith, the validity of the AJB at the time it was made, and actual physical control of the land are important factors in applying for the renewal of land rights. The implications of this study include strengthening the literature on land registration law and providing practical recommendations for the National Land Agency (BPN) in formulating a clearer, more consistent, and more equitable administrative mechanism for granting new rights over state land. This study also opens opportunities for further research on socio-legal aspects in the variation of land policy implementation across regions.

Konstruksi Relasi Kuasa dalam Delik Inses Persetubuhan terhadap Anak oleh Orang Tua Kandung

Laila Hayati — 2026-06-21

Although the offense of sexual intercourse with a child has been regulated in Indonesian criminal law, its legal construction has not explicitly positioned the power relations between parents and children as a constitutive element of the offense, so the specific characteristics of incest crimes have not been fully reflected in legal protection for victims. This study aims to analyze the construction of power relations in the incest offense of sexual intercourse with a child by biological parents and to examine sustainable legal protection for child victims of incest. This study used normative legal research with statutory, conceptual, and case approaches. Legal materials were obtained through library research on legislation, legal literature, and court decisions related to incest crimes. The results show that the Child Protection Law, the Law on Sexual Violence Crimes, and the 2023 Criminal Code still position power relations as circumstances that aggravate punishment rather than as an essential element of the offense. In fact, power relations constitute the main factor that enables domination, manipulation, and nonphysical coercion of children in incest crimes. In addition, legal protection for victims still tends to be oriented toward punishing perpetrators and has not fully prioritized comprehensive and sustainable victim recovery. These findings contribute to the development of studies on juvenile criminal law, particularly in reconstructing incest offenses based on power relations and victim protection. The conclusion of this study affirms that power relations need to be positioned as a constitutive element in incest offenses so that criminal law can more substantively represent the characteristics of the crime. The implications of this study indicate the need for criminal law reform that is more responsive to child protection by strengthening a substantive justice approach and sustainable victim recovery.

Proporsionalitas Penegakan Hukum terhadap Pelaku Usaha Mikro dalam Pelanggaran Informasi Produk

Syahda Hafidz Adzindafa — 2026-06-21

Although law enforcement against business actors in consumer protection violations has been widely studied, research that specifically discusses the proportionality of law enforcement against micro-enterprise actors for violations of product information obligations from the perspective of economic law remains limited. This study aims to analyze the regulation of product information obligations for micro-enterprise actors and to examine the proportionality of law enforcement against violations of these obligations through Banjarbaru District Court Decision Number 38/Pid.Sus/2025/PN Bjb. This study used a qualitative approach with a normative legal research design through statutory, conceptual, and case approaches. Data were obtained through library research on primary, secondary, and tertiary legal materials, and were then analyzed normatively and qualitatively using a descriptive-analytical method. The results show that the regulation of product information obligations in Law Number 8 of 1999 aims to protect consumer rights, but its application to micro-enterprise actors needs to consider business characteristics and MSME empowerment policies. Law enforcement through criminal instruments against administrative violations, as in the Mama Khas Banjar case, has not fully reflected the principle of proportionality and the principle of ultimum remedium. These findings contribute to the development of studies on consumer protection law, MSME law, and economic law, particularly through strengthening the principle of proportionality in law enforcement against micro-enterprise actors. The conclusion of this study affirms that administrative guidance, education, and gradual supervision should serve as the primary instruments before the application of criminal sanctions. The implications of this study provide a conceptual basis for the government and law enforcement officials in formulating more equitable law enforcement policies, while also opening opportunities for further empirical research on the implementation of the principle of proportionality in handling violations by micro-enterprise actors.

Sengketa Kepegawaian Sekretaris Daerah terhadap Bupati Kabupaten Banjar: Analisis Putusan Pengadilan Tata Usaha Negara 34/G/TF/2024

Muhammad Syaiful — 2026-06-23

Although civil service disputes involving the state civil apparatus (ASN) and the application of the General Principles of Good Governance (AUPB) have been widely examined, analysis of ASN performance assessment as an object of dispute over governmental action and legal protection for the position of Regional Secretary in State Administrative Court Decision Number 34/G/TF/2024/PTUN.BJM remains limited. This study aims to analyze the conformity of the actions of the Regent of Banjar Regency in assessing the performance of the Regional Secretary based on the AUPB and to evaluate the legal protection provided by the decision for ASN positional rights. This study employed a normative legal method using statutory, case, and conceptual approaches. Primary legal materials included laws and regulations and State Administrative Court Decision Number 34/G/TF/2024/PTUN.BJM, while secondary legal materials comprised literature and scholarly journals collected through library research and analyzed descriptively and analytically. The results of the study show that the Regent’s action in assigning the performance rating of “Very Poor” did not comply with the principles of the AUPB because it was not based on monitoring, performance dialogue, guidance, feedback, the establishment of a Performance Appraisal Team, or assessment documents that fulfilled formal requirements. The State Administrative Court decision provided legal protection for ASN from arbitrary personnel actions, but it still leaves ambiguity regarding the legal consequences of unsigned assessment documents and the relationship between organizational performance achievement and the individual assessment of senior executive officials. These findings contribute to the development of administrative law scholarship, particularly the application of the AUPB, the merit system, and legal protection for ASN in civil service disputes. The conclusion of the study affirms that compliance with performance assessment procedures and the application of the merit system are prerequisites for objective, professional, transparent, accountable, and equitable civil service governance.

Kedudukan Gugatan Rekonvensi dalam Cerai Talak dan Cerai Gugat di Peradilan Agama

Maria Rosalina — 2026-06-23

Although counterclaims have been recognized as a defendant’s formal right in civil procedural law, their position in divorce by repudiation and contested divorce cases within the Religious Courts still faces inconsistent practice, particularly due to a normative gap in the Compilation of Islamic Law. This study aims to examine the position of counterclaims in divorce by repudiation and contested divorce cases and to analyze their effectiveness as an instrument for protecting the rights of the parties. This study uses a normative legal method with statutory and conceptual approaches. Legal materials were analyzed descriptively and analytically to examine the regulation of counterclaims under the HIR and RBg and their relevance in the practice of resolving divorce cases in the Religious Courts. The results of the study show that counterclaims have an important position as a means of protecting the defendant’s rights as well as an instrument of procedural efficiency through the concept of one-stop litigation. However, their effectiveness is still hindered by normative uncertainty regarding post-divorce rights and weaknesses in the enforcement of judgments. Supreme Court Circular Number 3 of 2018, through the judge’s ex officio authority, constitutes a legal breakthrough in protecting women’s rights, but it cannot replace the active role of counterclaims as an instrument for asserting the rights of the parties. The conclusion of the study affirms that counterclaims need to be positioned as a strategic legal mechanism in resolving divorce cases in the Religious Courts. The implications of this study indicate the need for regulatory synchronization and the preparation of more comprehensive operational guidelines to ensure legal certainty, judicial efficiency, and substantive justice for the litigating parties.

Penyuluhan Hukum Sehubungan dengan Pembuatan Akta oleh Notaris sebagai Pejabat Umum

Eka Prasetya Rini — 2026-06-23

Although the authority of notaries to provide legal counseling has been regulated in Article 15 paragraph (2) letter e of the Notary Office Law (UUJN), normative ambiguity regarding the definition, scope, and limits of this authority still gives rise to multiple interpretations and differences in practice. This study aims to analyze the ratio legis of this provision and its relevance to the social function of notaries as public officials. This study uses a normative legal method that is descriptive-analytical and prescriptive in nature, with statutory, conceptual, and historical approaches. Primary legal materials include the UUJN, the Advocate Law, and the Notary Code of Ethics, while secondary legal materials comprise relevant legal literature and scholarly journals. The results of the study show that the ratio legis of the authority of notaries to provide legal counseling is built upon three interrelated main pillars, namely philosophical, sociological, and juridical reasons. Philosophically, this authority reflects the implementation of the Pancasila rule-of-law state, preventive justice, and the principle of officium nobile. Sociologically, this authority is relevant to the low level of public legal awareness and limited access to advocate services. Juridically, legal counseling by notaries needs to be understood as an authority that is aligned with the main function of notaries and does not conflict with the regulation of the advocate profession. The conclusion of the study affirms that the authority to provide legal counseling is a manifestation of the social function of notaries as public officials, but the normative ambiguity in its regulation requires the formulation of clearer operational definitions and limits of authority. The implications of this study provide theoretical contributions to the development of notarial law as well as practical recommendations for the formulation of implementing regulations to ensure legal certainty for notaries and the public.

Isbat Nikah terhadap Perkawinan di Bawah Umur Pasca Berlakunya Undang-Undang Nomor 16 Tahun 2019: Kajian Sosiologi Hukum atas Pengabulan Permohonan Pengesahan Nikah

Ahmad Nafari — 2026-06-25

The change in the minimum age of marriage through Law Number 16 of 2019 is a state effort to prevent child marriage and ensure the protection of children’s rights. However, the practice of marriages below the minimum age limit is still found in society and is subsequently submitted through marriage validation applications to the Religious Courts. This study aims to analyze the regulation of the minimum age of marriage in Indonesian positive law, identify the social factors that cause underage marriage, and examine the granting of marriage validation for such marriages from the perspective of sociology of law. This study uses a normative legal method with statutory, conceptual, and sociology of law approaches. Data were obtained through library research on relevant laws and regulations, books, and scholarly journals. The results of the study show that although underage marriage contradicts the provisions of positive law, judges in several cases still grant marriage validation applications by considering aspects of utility, protection for women and children, and the social realities of society. From the perspective of sociology of law, the granting of marriage validation reflects the adaptation of state law to the law living in society (living law). The conclusion of the study affirms that granting marriage validation for underage marriage is an effort to realize substantive justice without disregarding the objective of legal protection mandated by law. The implications of this study provide theoretical contributions to the development of the sociology of Islamic family law, as well as practical implications for the Religious Courts and policymakers in resolving the legal consequences of underage marriage.

Rekonstruksi Regulasi Keotentikan Akta Notaris dalam Penggunaan Tanda Tangan Elektronik pada Pelayanan Kenotariatan di Indonesia

Karinawati Karinawati — 2026-06-25

Although electronic signatures have been legally recognized in Law Number 11 of 2008 concerning Electronic Information and Transactions, legal certainty regarding the authenticity of Notarial deeds using electronic signatures in Indonesia still faces regulatory harmonization issues. This study aims to analyze the legal synchronization between conventional and digital systems in the signing of Notarial deeds and to formulate an ideal regulatory construction for the development of electronic signatures in notarial services in Indonesia. This study employed normative legal research with a prescriptive-analytical type through statutory, conceptual, and comparative legal approaches. Legal materials were collected through a literature study covering primary, secondary, and tertiary legal materials, and were then analyzed using legal interpretation, synchronization, and harmonization techniques. The results showed horizontal disharmony between Article 16 paragraph (1) letter m of the Notary Position Law, which requires the physical presence of the parties in the reading and signing of deeds, and Article 11 of the Electronic Information and Transactions Law, which recognizes the validity of electronic signatures based on the principle of functional equivalence. Certified electronic signatures, electronic certificates, and digital verification systems have fulfilled the functions of authentication, identification, integrity, and non-repudiation. However, the unmet requirement of physical presence may cause electronic deeds to lose their authentic nature. This finding contributes to the development of notarial science and cyber law, particularly in understanding the transformation of notarial services in the digital era. The conclusion of this study emphasizes the importance of regulatory harmonization through the revision of the Notary Position Law to accommodate virtual presence and the use of certified electronic signatures. The implications of this study include theoretical contributions to the development of notarial law and cyber law literature, as well as practical implications for the government, the Indonesian Notary Association, and Notaries in formulating policies for the digitalization of notarial services. This study also opens opportunities for further research on the implementation of digital identity systems and data protection in cyber notary practice.

Perlindungan Hukum Notaris dalam Membuat Perjanjian Kredit Fiktif pada Perkara Tindak Pidana Korupsi

Tri Puspa Wangi — 2026-06-27

Although criminal liability and legal protection for notaries have received attention in various previous studies, studies that specifically discuss the limits of notarial criminal liability in the preparation of credit agreement deeds based on falsified documents in corruption cases, as well as legal protection for notaries regarding the truth of the legal identity of debtors in the banking sector, remain limited. This study aims to analyze the criminal liability of notaries for deeds prepared based on falsified documents submitted by fictitious debtors and to examine forms of legal protection for notaries in the practice of bank credit provision. This study used a qualitative approach with a normative legal research design through a statutory approach, conceptual approach, and case approach. Primary, secondary, and tertiary legal materials were collected through literature study and documentation, and were then analyzed prescriptively using legal interpretation techniques. The results showed that, in principle, notaries are only responsible for the formal truth of the deeds they prepare and are not obliged to guarantee the material truth of documents or statements provided by the parties. Therefore, notaries cannot be held criminally liable in fictitious credit cases that cause state losses as long as there is no evidence of intent (mens rea), active involvement, or benefits obtained from the criminal act. This study also found that legal protection for notaries has been regulated through the mechanism of the Notary Honorary Council, the right of refusal, and the principle of due process of law, but its implementation remains suboptimal, thereby potentially leading to the criminalization of the notarial profession. These findings contribute to the development of studies on notarial law, banking law, and corruption criminal law, while also expanding understanding of the limits of notarial responsibility in bank credit transactions. The conclusion of this study emphasizes the importance of distinguishing between the formal responsibility of notaries and the material responsibility of banking institutions and debtors in fictitious credit cases. The implications of this study include theoretical contributions to the development of the concept of legal protection for the notarial profession, as well as practical implications for policymakers, law enforcement officials, banking institutions, and the Notary Honorary Council in strengthening legal certainty and preventing the criminalization of notaries who carry out their duties in accordance with legal provisions.

Kewenangan Notaris dalam Penyelesaian Sengketa atas Akta yang Dibuatnya

Sa’adiyah Nur Hizrah — 2026-06-27

Although the role of notaries as public officials in preparing authentic deeds has been widely studied, discussions that specifically examine the authority of notaries as mediators in resolving disputes over deeds they have prepared themselves and the legal implications arising from this role remain limited. This study aims to analyze whether dispute resolution is part of a notary’s authority when acting as a mediator for deeds they have prepared, as well as to examine the legal implications arising from the exercise of this role. This study used a qualitative approach with a normative legal research design through a statutory approach and a conceptual approach. Primary, secondary, and tertiary legal materials were obtained through literature study and were then analyzed prescriptively through interpretation of relevant laws and regulations, doctrines, and literature. The results showed that the Notary Position Law does not explicitly grant notaries the authority to act as mediators in resolving disputes over deeds they have prepared. However, the authority of notaries to provide legal counseling, as regulated in Article 15 paragraph (2) letter e of the Notary Position Law, may serve as an argumentative basis for notarial involvement in assisting the parties in resolving disputes through non-litigation mechanisms. On the other hand, the involvement of notaries as mediators may create a conflict of interest because notaries have a direct relationship with the deed that becomes the object of the dispute, which may affect the principles of mediator independence and neutrality. This finding contributes to the development of notarial law studies, particularly regarding the limits of notarial authority in alternative dispute resolution mechanisms. The conclusion of this study emphasizes the importance of clearer regulation concerning the position, authority, and mechanisms of notaries as mediators to ensure legal certainty and prevent conflicts of interest. The implications of this study include theoretical contributions to the development of notarial law and alternative dispute resolution, as well as practical implications for lawmakers and notarial professional organizations in formulating regulations that accommodate the role of notaries as mediators in a professional manner.

Peran Majelis Kehormatan Notaris terhadap Pejabat Notaris yang Menggunakan Hak Ingkar dalam Menjaga Kerahasiaan Isi Akta

Aditya Laras Sakti Sudarsono — 2026-06-27

Although the notary’s right of refusal and the protection of deed confidentiality have received attention in various previous studies, studies that specifically discuss the role of the Notary Honorary Council in providing protection for notaries who exercise the right of refusal, as well as the limits of its use in legal examination processes, remain limited. This study aims to analyze the factors considered by the Notary Honorary Council in accepting or rejecting requests for approval to examine notaries by investigators, public prosecutors, or judges, as well as to analyze the existence and limits of the use of the notary’s right of refusal in legal examination processes. This study used a qualitative approach with a normative legal research design through a statutory approach and a conceptual approach. Primary, secondary, and tertiary legal materials were obtained through literature study and were then analyzed descriptively-prescriptively by examining relevant laws and regulations, legal doctrines, and literature. The results showed that the Notary Honorary Council has a strategic role in providing legal protection for notaries through its authority to approve or reject requests for the summoning of notaries and the retrieval of notarial protocol documents by law enforcement officials. In exercising this authority, the Notary Honorary Council considers the urgency of the examination, the relevance of the deed to the case being examined, and the need for evidence in the judicial process. The results also showed that the notary’s right of refusal remains recognized as a consequence of the obligation to maintain the confidentiality of the office and the contents of deeds, but its use is not absolute because it is limited by statutory provisions and the interests of law enforcement through established mechanisms. This finding contributes to the development of notarial law studies, particularly regarding the relationship between the protection of notarial office confidentiality and the need for law enforcement in judicial proceedings. The conclusion of this study emphasizes that the use of the right of refusal must be applied proportionally by maintaining a balance between the protection of notarial office confidentiality and the interest of seeking truth in legal proceedings. The implications of this study include theoretical contributions to the development of the concept of legal protection for the notarial profession, as well as practical implications for the Notary Honorary Council, law enforcement officials, and policymakers in creating a notarial examination mechanism that ensures legal certainty and balanced professional protection.

Kontribusi Kajian Muslimah terhadap Pencegahan Konflik Rumah Tangga: Studi Kasus di Ciampea

Muhammad Anshari Salam — 2026-06-28

Although family resilience and the prevention of household conflict have received attention in studies of Islamic family law and the social sciences, research that specifically discusses the contribution of community-based Muslimah study forums in building household communication as a preventive mechanism for conflict remains limited. This study aims to analyze the contribution of the Forum Kajian Muslimah Ciampea in building household communication based on Islamic values as an effort to prevent household conflict from the perspective of Islamic law. This study used a qualitative approach with a case study design, involving nine participants consisting of the forum chairperson, administrators, active members, and study participants selected through purposive sampling. Data were collected through semi-structured interviews, participatory observation, and documentation, and were then analyzed using thematic analysis through the stages of data reduction, data display, verification, and conclusion drawing. The results show that the Forum Kajian Muslimah Ciampea serves as a space for internalizing Islamic values that shape household communication through the strengthening of a culture of deliberation, communication openness, emotional control, and social support among participants. This role contributes to preventing household conflict before it develops into more serious disputes. These findings contribute to the development of the concepts of ishlah, maqāṣid al-sharī‘ah, and family resilience theory in the context of community-based family development, as well as broaden understanding of the role of Muslimah communities as preventive agents in Muslim family life. The conclusion of the study emphasizes that household communication based on Islamic values plays an important role in strengthening family resilience. The implications of this study include theoretical contributions to the development of empirical Islamic family law literature and family communication, as well as practical implications for religious communities and policymakers in developing preventive and participatory strategies for preventing household conflict.

Implementasi Kebijakan Perhutanan Sosial di Lembaga Pengelola Hutan Nagari (LPHN) Nagari Sungai Rimbang, Kab. Lima Puluh Kota

Maulani Azizah — 2026-06-29

Although studies on Social Forestry have been widely conducted, research that specifically discusses policy implementation in the Nagari Forest Management Institution (LPHN) of Nagari Sungai Rimbang remains limited. This study aims to analyze the implementation of Social Forestry policy and identify the driving and inhibiting factors in its implementation at the local level. This study used a qualitative approach with a descriptive case study design. Research informants were selected through purposive sampling, including UPTD KPHL Lima Puluh Kota, the nagari government, LPHN administrators, forest managers, forest farmer groups, and the community. Data were collected through observation, in-depth interviews, and documentation, and were then analyzed using the Miles and Huberman model through the stages of data reduction, data display, and conclusion drawing. The results showed that the implementation of Social Forestry policy had been carried out administratively through the existence of LPHN, the division of roles among actors, and policy communication. However, its implementation has not been optimal because communication has not been evenly distributed, community participation remains low, resource capacity is limited, technical assistance is minimal, and there are constraints related to regional accessibility. These findings enrich the study of public policy implementation based on local institutions and emphasize the importance of strengthening communication, LPHN capacity, and community participation in sustainable nagari forest management. The implications of this study provide practical references for local governments, forest management institutions, and communities in strengthening Social Forestry governance based on local participation.

Peranan Pemerintah Nagari dalam Penyelesaian Konflik Pengembangan Objek Wisata Pemandian Lubuak Soda, Nagari Tambangan Kabupaten Tanah Datar

Iffatul Ulya — 2026-06-29

Although nagari-based tourism development requires legal, participatory, and transparent governance, conflict resolution in the development of the Lubuak Soda bathing tourist attraction remains a challenge for the Tambangan Nagari Government. This study aims to analyze the role of the Tambangan Nagari Government in resolving conflicts related to the development of the Lubuak Soda bathing tourist attraction, identify the obstacles encountered, and describe the forms of conflict resolution pursued. This study used a qualitative approach with a descriptive case study design. The informants consisted of 11 people selected through purposive sampling, including the Nagari Head, the Nagari Customary Council, the Tourism Awareness Group, landowners, and the surrounding community. Data were collected through observation, in-depth interviews, and documentation, and were then analyzed using the Miles and Huberman model. The results showed that the Tambangan Nagari Government performed roles as a stabilizer, direct implementer, pioneer, modernizer, and innovator in resolving conflicts related to tourism development. The most dominant role was that of stabilizer, which was realized through mediation, deliberation, appeals, and coordination among stakeholders. However, conflict resolution has not been optimal due to differences in interests, low trust, ineffective communication, limited authority of the nagari government, and the absence of binding regulations. These findings emphasize the importance of nagari regulations, governance transparency, and the involvement of all stakeholders in sustainable nagari-based tourism management. The implications of this study provide practical references for nagari governments and communities in strengthening participatory, legal, and socially and economically sustainable tourism conflict resolution mechanisms.

Analisis Pelaksanaan Digitalisasi Arsip Penataan Nagari/Desa sebagai Upaya Peningkatan Efektivitas Administrasi Pemerintahan Provinsi Sumatera Barat

Abdul Hamid Gusri — 2026-06-29

Although the digitalization of government archives has become an important need in supporting the effectiveness of public administration, the management of nagari/village structuring documents that have administrative and legal value still requires a more organized and easily accessible digital archive system. This study aims to analyze the implementation of digital archive digitalization for nagari/village structuring as an effort to improve the effectiveness of government administration at the Bureau of Government and Regional Autonomy of West Sumatra Province. This study used a descriptive qualitative approach with a case study design. The research data sources included archive management activities, administrative documents, and officials directly involved in the archive digitalization process. Data were collected through direct observation, documentation, and involvement in administrative activities from January to March 2026, and were then analyzed through the stages of data reduction, data display, and conclusion drawing. The results showed that archive digitalization was carried out through the stages of document collection, archive classification, scanning, data input, digital storage, and the creation of document access links. Archive digitalization facilitated document retrieval, accelerated the process of territorial administrative verification, improved employee work efficiency, and reduced the risk of losing physical archives. These findings contribute to the development of studies on archive management and public administration based on the Electronic-Based Government System (SPBE). The implications of this study emphasize the importance of improving employee competence, standardizing digital archive management, and providing adequate information technology facilities to support the effectiveness of government administration on an ongoing basis.

Pergeseran Hukum Waris Islam bagi Ahli Waris Non-Muslim: Studi Indonesia dan Malaysia

Andiyah Farodisa — 2026-06-30

Although Islamic inheritance law for non-Muslim heirs has received attention in various previous studies, research that specifically discusses shifts in Indonesian jurisprudence and compares them with the Malaysian legal system remains limited. This study aims to analyze the shift in Islamic inheritance law for non-Muslim heirs in Indonesia and compare it with legal regulations in Malaysia. This study used a qualitative approach with a normative legal research design through conceptual, statutory, case, and comparative legal approaches. Data were collected through a literature review of classical Islamic jurisprudence, the Compilation of Islamic Law, Supreme Court decisions, Malaysian regulations, and related literature, and were then analyzed descriptively and analytically. The results show that Indonesia has experienced a shift in legal practice through the jurisprudence of obligatory bequests without positioning non-Muslim heirs as direct heirs. In contrast to Indonesia, Malaysia places greater emphasis on the normative-institutional separation between Muslim and non-Muslim inheritance law. These findings broaden the understanding of the flexibility of Islamic inheritance law in plural societies. The conclusion of this study affirms that obligatory bequests serve as an instrument of family justice in the context of religious differences, although normative strengthening is still needed to ensure legal certainty. The implications of this study provide a theoretical contribution to the development of Islamic inheritance law studies and practical implications for the formulation of Islamic family law policies that are more responsive to the realities of plural societies.

Pertanggungjawaban Notaris dalam Pembuatan Akta Berbasis Digital

Septi Puspita Anggraini — 2026-06-30

Although the development of digital technology has encouraged the transformation of notarial services in Indonesia, studies that specifically discuss the legal liability of notaries in the preparation of digital-based authentic deeds remain limited. This study aims to analyze notaries’ liability in the preparation of digital-based deeds under the Law on Notary Position and to examine the evidentiary strength of digital-based notarial deeds in the evidentiary system in Indonesia. This study used a normative legal research method with statutory and conceptual approaches. The legal materials analyzed consisted of primary, secondary, and tertiary legal materials collected through library research. The results show that notaries cannot yet be held liable for preparing authentic deeds through electronic systems because there is no statutory regulation that explicitly governs the preparation of authentic deeds electronically. The form of notarial liability may be civil in nature if the deed is considered invalid or is degraded into a private deed, thereby causing losses to the parties and giving rise to an obligation to provide compensation. From the aspect of evidentiary strength, digital-based notarial deeds do not yet have clear legal certainty and are at risk of being degraded into private deeds due to a conflict of norms between the Law on Notary Position, which requires physical presence, and the Electronic Information and Transactions Law, which recognizes electronic documents as valid evidence. The conclusion of this study emphasizes the importance of regulatory harmonization between the Law on Notary Position and the Electronic Information and Transactions Law to strengthen the legal status of electronic notarial deeds. These findings contribute to the development of the theory of legal certainty in digital notarial services and have practical implications for the government in formulating specific regulations on Cyber Notary and for notaries in applying the principles of prudence and accuracy in digital services.

Kewenangan Notaris dalam Membuat Keterangan Waris yang Berkaitan dengan Aset Digital menurut Hukum Waris di Indonesia

Novya Agitha — 2026-06-30

Although the legal status of digital assets has received attention in various previous studies, research that specifically discusses the authority and responsibility of notaries in preparing inheritance certificates related to digital assets within the framework of Western inheritance law in Indonesia remains limited. This study aims to analyze the legal position of digital assets, particularly cryptocurrency and Non-Fungible Tokens (NFTs), as objects of inheritance under inheritance law in Indonesia, and to examine the authority and limits of notarial responsibility in preparing inheritance certificates related to digital assets. This study used a normative legal research method with statutory, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials were collected through library research and analyzed qualitatively, supported by interviews with notarial practitioners. The results show that digital assets with economic value can be classified as intangible movable objects based on Articles 499, 503, and 504 of the Indonesian Civil Code, and therefore may form part of an estate. However, notarial authority is limited to formal aspects, namely the verification of identity, documents, and statements of the appearers, and does not include guaranteeing access to or the transfer of digital assets, which depend on private keys and digital platform policies. Notarial responsibility is limited to formal truth, not material truth regarding the existence, ownership, or accessibility of digital assets. The conclusion of this study emphasizes the importance of comprehensive regulations and standard operating procedures for notaries in handling the inheritance of digital assets. These findings contribute to the development of notarial law in addressing technological challenges and broaden the understanding of the adaptation of inheritance law to digital assets. The implications of this study include theoretical contributions to the literature on notarial law and inheritance law, as well as practical recommendations for the Indonesian Notary Association and policymakers to formulate clear guidelines on the inheritance of digital assets.

Tanggung Jawab Notaris atas Kelalaian Memeriksa Status Hukum dalam Pembuatan Akta Pengalihan Hak Paten yang Telah Gugur

Siti Rahmah — 2026-06-30

Although notarial responsibility has received attention in various legal studies, research that specifically discusses notarial negligence in verifying the legal status of expired intellectual property rights, particularly patent rights, remains limited. This study aims to analyze whether a notary can be deemed negligent if they fail to examine the legal status of a lapsed patent right before preparing a deed of transfer and to examine the legal consequences arising from such negligence. This study used a normative legal research method with statutory, conceptual, and analytical approaches. The legal materials used consisted of primary legal materials in the form of Law Number 2 of 2014 concerning Notary Position, Law Number 13 of 2016 concerning Patents, the Indonesian Civil Code, as well as relevant legal regulations and doctrines. The data were analyzed prescriptively using the theory of fault, the theory of legal protection, the theory of negligence, the theory of prudence, and the theory of legal events. The results show that a notary can be deemed negligent if they do not verify the legal status of the patent right that becomes the object of transfer because a notary is required to act honestly, carefully, independently, and with full prudence in carrying out their office. Examining the legal status of a patent right is part of the application of the principle of prudence to ensure that the right being transferred remains valid and can become the object of a legal act. Negligence in such verification has implications for the notary’s legal liability and has the potential to weaken legal certainty in patent right transfer transactions. The conclusion of this study emphasizes the importance of verifying legal status before preparing a deed of transfer of patent rights. These findings provide a theoretical contribution to the development of the literature on notarial law and intellectual property law, as well as practical implications for notaries, legal practitioners, and policymakers in strengthening legal certainty in intangible asset transactions.

Perjanjian Hipotek Kapal (Studi Komparatif antara Indonesia dan Amerika Serikat)

Syarifah Zahra Al Haddar — 2026-06-30

Although the regulation of ship mortgages has received attention in various maritime law studies in Indonesia, research that specifically compares Indonesia’s ship mortgage system with the United States preferred ship mortgage regime to evaluate its implications for legal certainty for creditors remains limited. This study aims to analyze the similarities and differences in the regulation of ship mortgages in Indonesia and the United States and to evaluate the implications of differences in registration mechanisms, claim priority, and enforcement for legal certainty in maritime financing. This study used a qualitative approach with a normative legal research type and a comparative design. Data were obtained through library research on primary, secondary, and tertiary legal materials, including the Indonesian Civil Code, the Indonesian Commercial Code, Law Number 17 of 2008 concerning Shipping, the Ship Mortgage Act, the Commercial Instruments and Maritime Liens Act (CIMLA), as well as relevant maritime law doctrines and literature. The data were analyzed qualitatively through statutory, conceptual, and comparative legal approaches. The results show that Indonesia and the United States both recognize ships as objects of proprietary security rights and require mortgage registration, but differ fundamentally in their registration systems, regulation of claim priority, and enforcement mechanisms. The United States system provides stronger legal certainty through an integrated federal registration system, clearer regulation of claim priority, and an effective in rem action mechanism, whereas the Indonesian system still faces regulatory fragmentation and administrative obstacles. The conclusion of this study emphasizes the importance of reformulating ship mortgage regulation in Indonesia through regulatory harmonization, strengthening the national registration system, and improving enforcement mechanisms. These findings contribute to the development of studies on proprietary security law and maritime law and provide practical recommendations for policymakers in strengthening legal certainty in national maritime financing.

Pembuktian Paternitas Berbasis DNA dan Hak Waris Anak Luar Nikah: Studi Komparatif Indonesia dan Turki dalam Perspektif Maqasid Shariah Thahir Ibn ‘Asyur

Safrida Ramadhania — 2026-07-02

The development of DNA testing technology has increased the ability to prove the biological relationship between a child and their biological father; however, this scientific certainty has not been fully followed by legal certainty in the field of inheritance. This study aims to analyze the relationship between DNA-based proof of paternity and the inheritance rights of children born out of wedlock in Indonesian Islamic law, compare it with the Turkish legal system, and formulate a model for protecting economic rights in accordance with the perspective of maqāṣid al-sharī‘ah of Thahir Ibn ‘Āsyūr. This study used a normative legal research method with statutory, conceptual, comparative, and maqāṣid al-sharī‘ah approaches. Primary legal materials in the form of laws and regulations, court decisions, fatwas, and Turkish legal provisions were analyzed descriptively-analytically and prescriptively. The results show that Constitutional Court Decision Number 46/PUU-VIII/2010 has opened civil relations between children born out of wedlock and their biological fathers that can be proven through science and technology, including DNA testing. However, the Compilation of Islamic Law and MUI Fatwa Number 11 of 2012 continue to limit lineage relations and inheritance rights to the mother and her family. Conversely, Turkish law shows a clearer connection between proof of paternity, determination of the child’s legal status, and inheritance rights. The conclusion of this study affirms that the protection of the economic rights of children born out of wedlock in Indonesian Islamic law can be reconstructed through an obligatory bequest that is imperative after the biological relationship has been proven through DNA and determined by a court. These findings contribute to the development of Islamic family law and inheritance law by offering a child protection model oriented toward public benefit without disregarding the principle of lineage.

Gambaran Employee Well-Being pada Karyawan dengan Sistem Kerja Hybrid di Yogyakarta

Margareta Putri Nugraheni — 2026-07-04

Although hybrid work systems are increasingly being implemented in various organizations, studies that specifically describe the employee well-being (EWB) of employees working under a hybrid work system based on the dimensions of life well-being, workplace well-being, and psychological well-being still need to be strengthened. This study aims to describe EWB among employees with a hybrid work system in Yogyakarta and to analyze differences based on respondent characteristics. This study used a descriptive quantitative approach involving 422 respondents selected through purposive sampling. The research instrument used the Employee Well-Being Scale (EWBS) developed by Zheng, Zhu, Zhao, and Zhang (2015), which consists of 18 items. Data were analyzed using descriptive statistics and non-parametric difference tests, namely the Mann-Whitney U test, Kruskal-Wallis test, and Dunn’s post-hoc test. The results showed that, in general, the EWB of hybrid employees in Yogyakarta was classified as very high, with a mean score of 106.7, and 91.5% of respondents were in the high category. The psychological well-being dimension had the highest mean score of 35.82, followed by workplace well-being at 35.76, while life well-being obtained the lowest mean score of 35.13. Based on respondent characteristics, female employees had higher EWB than male employees, the 31–36-year age group had the highest EWB, employees of state-owned enterprises had the highest EWB compared with other types of employment, and employees with 1–3 years of service had the highest EWB. There were significant differences in EWB based on gender (p = 0.023), age (p = 0.001), type of employment (p < 0.001), and length of service (p < 0.001). The conclusion of this study affirms that the hybrid work system generally supports employee well-being. The implications of this study indicate the importance of organizational attention to vulnerable groups, particularly new employees with less than 6 months of service, young employees aged 19–24 years, and non-state-owned enterprise workers, so that the implementation of hybrid work systems can support employee well-being more equitably.

Badan Pertanahan Nasional sebagai Mediator dalam Penyelesaian Sengketa Tanah Pasca Permen ATR/BPN RI No. 21 Tahun 2020

Muhammad Khaikal Fajri — 2026-07-04

Although land disputes in Indonesia have been widely studied, discussions that specifically examine structural conflicts of interest in the dual role of the National Land Agency (BPN) as both certificate issuer and mediator remain limited. This study aims to analyze the authority and position of BPN as a mediator over its own legal products and to examine the legal certainty and executorial force of mediation outcomes based on Regulation of the Minister of ATR/BPN Number 21 of 2020. This study used a normative legal research method with statutory, conceptual, and analytical approaches. The legal materials used included primary legal materials in the form of laws and regulations and court decisions at four judicial levels, secondary legal materials in the form of legal doctrines and previous studies, and tertiary legal materials as supporting sources. Data were collected through library research and analyzed using normative juridical analysis techniques. The results showed that BPN’s mediation authority is facilitative-administrative in nature and contains three forms of structural conflict of interest, namely reputational, informational, and judicial conflicts, which are inherently contrary to the principle of nemo iudex in causa sua. In addition, the Deed of Settlement resulting from BPN mediation has the status only of a private deed without executorial title and has been proven weak at four judicial levels. These findings contribute to the development of administrative law theory and land law, particularly regarding the institutional design of mediation functions and understanding of structural bias in administrative dispute resolution mechanisms. The conclusion of this study affirms the importance of institutional separation of the mediator function and the granting of executorial title through statutory revision. The implications of this study include theoretical contributions to the development of literature on administrative law and land dispute resolution, as well as practical implications for the government and legislative institutions in reforming land mediation regulations to ensure substantive legal certainty and structural impartiality.

Penggunaan Tanda Tangan Digital dalam Pembuatan Akta Notaris Menurut Perspektif Hukum Progresif

Anita Amalia — 2026-07-04

Although digital transformation in notarial practice has received attention in various previous studies, research that specifically discusses the weaknesses of conventional signatures and the feasibility of digital signatures as their replacement from the perspective of progressive law remains limited. This study aims to analyze the weaknesses of conventional signatures in the preparation of notarial deeds and to assess the feasibility of digital signatures as an alternative replacement based on the perspective of progressive law. This study used a normative juridical method with statutory and conceptual approaches. Data were collected through library research on primary, secondary, and tertiary legal materials, and then analyzed using descriptive qualitative techniques. The results showed that conventional signatures have fundamental weaknesses. Philosophically, conventional signatures are contrary to substantive justice because they may discriminate against people in remote areas and persons with disabilities. Juridically, conventional signatures are vulnerable to forgery and denial, lack a non-repudiation mechanism, and may lead to the degradation of the legal force of authentic deeds. Sociologically, conventional signatures create structural exclusion and inefficiency in notarial services. Practices in the United States, Germany, France, Belgium, Estonia, and Singapore show that digital signatures have been implemented in notarial systems using varied approaches. These findings contribute to the development of notarial law theory and expand understanding of legal reform in the digital era. The conclusion of this study affirms that regulatory harmonization between the Notary Office Law and the Electronic Information and Transactions Law is an important prerequisite for the implementation of digital signatures in notarial deeds. The implications of this study include theoretical contributions to the development of notarial law literature and practical implications for the government in explicitly revising the Notary Office Law and strengthening the digital infrastructure of notarial practice.

Implikasi Yuridis terhadap Hak Keperdataan Anak yang Dilahirkan melalui Surrogate Mother (Ibu Pengganti)

Syifa Urradhiah — 2026-07-04

Although the practice of surrogate mother has received attention in various previous studies, research that specifically discusses the juridical implications for children’s civil rights and the limits of notarial authority in preparing deeds related to this practice remains limited. This study aims to analyze the construction of the legal relationship between children born through surrogate mother and the surrogate mother under the Indonesian legal system and to analyze the limits of notarial authority in preparing deeds related to the civil rights of children born through surrogate mother. This study used a qualitative approach with a doctrinal research design through primary and secondary legal materials collected through library research. Data were analyzed normatively and qualitatively using legal interpretation methods and analogical argumentation (argumentum per analogiam). The results showed that children born through surrogate mother have a legal relationship with the surrogate mother who gives birth to them based on an analogical construction of Article 43 paragraph (1) of the Marriage Law, reinforced by the principle of mater semper certa est and the theory of legal relationships. A surrogate mother agreement is declared null and void by law because it does not meet the objective requirements of Article 1320 of the Indonesian Civil Code, so all civil rights of the child are attached to the surrogate mother. The limits of notarial authority are determined by the existence or absence of a legal relationship recognized under Indonesian positive law. The conclusion of this study affirms the importance of legal certainty for children born through surrogate mother and the need for specific regulation of this practice. The implications of this study include theoretical contributions to the development of civil law and notarial law literature, as well as practical implications for notaries in applying the principle of prudence and refusing to prepare deeds intended to unlawfully transfer a child’s civil relationship.

Perspektif Fiqh Siyasah Tanfidziyyah terhadap Penutupan Stasiun Lambuang Kota Bukittinggi

Rifky Setiawan — 2026-07-06

This study was motivated by the policy of the Bukittinggi City Government to close Lambuang Station as an effort to safeguard regional finances and optimize asset management, which had previously imposed a rental burden payable to PT Kereta Api Indonesia (PT KAI). This study aims to analyze the policy of closing Lambuang Station and examine it from the perspective of fiqh siyasah tanfidziyyah. This study used field research with a qualitative approach. Data were collected through interviews, observation, and documentation. The results showed that the closure of Lambuang Station was a local government policy directed at realizing public welfare through regional financial efficiency and the optimization of public assets. From the perspective of fiqh siyasah tanfidziyyah, this policy can be justified because it is in line with the principle of public welfare and the protection of public wealth (hifz al-mal). However, the implementation of the policy still needs to consider the principles of justice and the economic rights of affected communities. Thus, this study affirms that public policy in the management of regional assets should not only be oriented toward administrative and fiscal efficiency but also consider the values of public welfare, justice, and the protection of community interests.

Implementasi Kebijakan Pelabelan Keluarga Penerima Manfaat (KPM) Program Keluarga Harapan (PKH) Ditinjau dari Perspektif Fiqh Siyasah Tanfiziyah (Studi Kasus Nagari Bahagia Padang Gelugur Pasaman Timur)

Ade Yulia Rahmi — 2026-07-06

Poverty remains a social problem that requires targeted, transparent, and equitable mitigation policies. This study aims to analyze the implementation of the house-labeling policy for Beneficiary Families of the Family Hope Program (KPM PKH) in Nagari Bahagia, Padang Gelugur, East Pasaman, and to examine it from the perspective of fiqh siyasah tanfiziyah. This study used field research with a qualitative approach. Data were collected through observation, interviews, and documentation with the nagari government, PKH facilitators, community leaders, and beneficiary families. The results showed that the KPM PKH labeling policy was implemented to improve the targeting accuracy of social assistance, strengthen the transparency of beneficiary data, and encourage independent graduation among communities that had become economically capable. However, this policy also caused social impacts in the form of shame, negative stigma, and discomfort among some assistance recipients. From the perspective of fiqh siyasah tanfiziyah, the KPM PKH labeling policy can be justified because it aims to realize public welfare (maslahah ‘ammah) and ensure that social assistance is received by communities that truly need it. The conclusion of this study affirms that the social assistance labeling policy needs to be implemented by considering the principles of public welfare, justice, protection of the dignity of assistance recipients, and prevention of social and psychological harm.

Analisis Komparatif Penyebaran Konten Korban Kecelakaan Tanpa Sensor Menurut Hukum Pidana Islam dan UU ITE

Sarifah A.I.T Sigalingging — 2026-07-06

The widespread dissemination of uncensored videos or photographs of accident victims through social media raises legal, ethical, and humanitarian issues because it has the potential to violate privacy, cause psychological trauma to victims’ families, and degrade the dignity of victims. This study aims to examine the regulation of the criminal offense of disseminating uncensored videos or photographs of accident victims according to Jarimah Ta’zir and Law Number 1 of 2024 concerning Electronic Information and Transactions, as well as to compare the regulations and sanctions in the two legal systems. This study used library research with a normative juridical approach through the examination of relevant written legal materials. The primary data sources included Law Number 1 of 2024 concerning Electronic Information and Transactions, particularly Article 27 paragraph (1), as well as Islamic legal literature on Jarimah Ta’zir. The secondary data sources included legal books, scientific journals, undergraduate theses, and other scholarly works. The results showed that the dissemination of uncensored videos or photographs of accident victims is an act that violates norms of decency and harms human dignity. In Islamic criminal law, this act constitutes a reprehensible act that can be categorized as Jarimah Ta’zir, whereas in Indonesian positive law it can be examined through the provisions of the Electronic Information and Transactions Law concerning content that violates decency. This study affirms similarities in the orientation toward protecting human dignity, as well as differences in the legal basis, forms of liability, and nature of sanctions between Islamic criminal law and Indonesian positive law. The implications of this study strengthen the importance of law enforcement and digital ethics literacy in preventing the dissemination of uncensored content involving accident victims in the digital space.

Perlindungan Hukum bagi Jabatan Notaris dalam Pendaftaran Surat di Bawah Tangan (Waarmerking) yang Tanda Tangan Pihaknya Dipalsukan

Flora Jenita Alistya — 2026-07-07

Although the authority of notaries in the registration of privately made documents (waarmerking) has been regulated in Article 15 paragraph (2) of Law Number 2 of 2014 concerning the Position of Notary (UUJN), studies on the legal implications for the notarial office when a forged signature is found in the registered document remain limited. This study aims to analyze the authority of notaries in the implementation of waarmerking and to examine the legal implications and limits of notarial liability when signature forgery occurs in a privately made document. This study used a normative legal method with statutory and conceptual approaches. The primary legal materials included the Indonesian Civil Code and the UUJN, while the secondary legal materials included relevant legal literature, journals, and scholarly works. The data were analyzed qualitatively. The results showed that the authority of notaries in waarmerking is limited to administrative registration, namely providing certainty of date (date certain) without verifying the authenticity of the signature or the truth of the document’s contents. Therefore, legal responsibility for signature forgery principally rests with the perpetrator of the forgery, whereas a notary cannot be held liable as long as the notary has acted within their authority without any element of intent, negligence, or involvement. These findings contribute to the development of notarial law, particularly regarding the limits of liability and legal protection for notaries. The conclusion of this study emphasizes the importance of preventive and repressive legal protection for notaries in the implementation of waarmerking. The implications of this study include theoretical contributions to the development of literature on notarial liability as well as practical implications for notaries, legislators, and the public in clearly understanding the limits of notarial responsibility in the registration of privately made documents.

Tradisi Maimbau Pasinggah Setelah Tunangan di Nagari Batu Palano, Kecamatan Sungai Pua, Kabupaten Agam (Perspektif ‘Urf)

Halimah Tusakdiyah — 2026-07-07

The Maimbau Pasinggah tradition, as part of the customs of Minangkabau society, has received attention in studies of customary law and Islamic law, but research that specifically analyzes its implementation after khitbah from the perspective of ‘urf in Nagari Batu Palano remains limited. This study aims to describe the implementation of the Maimbau Pasinggah tradition after khitbah and to analyze its position from the perspective of ‘urf in the community of Nagari Batu Palano, Sungai Pua Subdistrict, Agam Regency. This study used a qualitative approach with a case study design. The research participants consisted of traditional leaders, the Chair of the Kerapatan Adat Nagari (KAN), religious leaders, Bundo Kanduang, and community members selected using purposive sampling. Data were collected through in-depth interviews, observation, and documentation, and were then analyzed using an interactive analysis model that includes data reduction, data display, and conclusion drawing. The results showed that the Maimbau Pasinggah tradition is still practiced as a hereditary custom aimed at strengthening kinship relations, introducing the prospective bride and groom to the extended family, and preparing them for married life. From the perspective of ‘urf, this tradition contains values of public benefit in social and cultural aspects, but the practice of the prospective bride and groom staying overnight before the marriage contract requires adjustment to align with the provisions of Islamic law. These findings contribute to the development of studies on ‘urf in Islamic family law and broaden understanding of the relationship between Minangkabau customs and sharia principles. The conclusion of this study affirms that the preservation of local traditions needs to be carried out selectively by considering the values of public benefit, customary norms, and the limits of Islamic law.

Dispensasi Nikah dan Disfungsi Regulasi Usia Nikah: Telaah Putusan Pengadilan Agama Boyolali Perspektif Teori Sistem Jasser Auda

Mahmuduzzaman Mahmuduzzaman — 2026-07-07

The increase in the minimum age of marriage to 19 years through Law Number 16 of 2019 is a legal policy aimed at strengthening child protection, preventing early marriage, and improving family quality. However, the increasing practice of marriage dispensation raises issues regarding the effectiveness of this regulation in achieving the expected legal objectives. This study aims to analyze the effectiveness of the implementation of marriage dispensation after the enactment of Law Number 16 of 2019 and to examine judges’ considerations from the perspective of Jasser Auda’s maqāṣid al-syarī'ah system. This study is empirical legal research using a socio-legal research approach. Primary data were obtained through the analysis of three decisions of the Boyolali Religious Court, namely Decision Number 171/Pdt.P/2024/PA.Bi, Decision Number 19/Pdt.P/2026/PA.Bi, and Decision Number 110/Pdt.P/2026/PA.Bi, which were selected purposively because they represent variations in the reasons for granting marriage dispensation. The data were analyzed qualitatively through data reduction, data display, and conclusion drawing using the perspective of Jasser Auda’s maqāṣid al-syarī'ah system. The results showed that the practice of marriage dispensation is still dominated by considerations of pregnancy outside marriage, biological relations between prospective spouses, concerns about the occurrence of prohibited acts, and considerations of public benefit that are casuistic in nature. This condition indicates that the phrase “urgent reasons” does not yet have clear operational parameters, thereby opening wide room for judicial discretion. As a result, marriage dispensation has undergone a functional shift from an exception mechanism to a legal instrument that is relatively frequently used to legitimize underage marriage. From the perspective of Jasser Auda’s maqāṣid al-syarī'ah system, the implementation of the regulation has not fully realized child protection and public benefit comprehensively because it is more oriented toward resolving short-term problems than achieving long-term legal objectives. The conclusion of this study affirms the need to strengthen the parameters of “urgent reasons” and ensure consistency in applying the principle of the best interests of the child so that marriage dispensation can return to its function as an exceptional legal mechanism and support the effectiveness of the policy limiting the minimum age of marriage.

Perlindungan Hukum atas Data Pribadi Konsumen dalam Kegiatan Ekonomi Digital di Indonesia

Sheilla Rahima Agustin — 2026-07-08

Technological development and digital transactions in Indonesia have facilitated economic activities for society, but at the same time have created risks of personal data breaches that may harm consumers and threaten the privacy rights of digital platform users. This study aims to analyze the effectiveness of legal protection for consumers’ personal data in the digital transaction system in Indonesia. This study uses a normative legal method with statutory and conceptual approaches through library research. The results show that legal protection for personal data has been regulated in Law Number 27 of 2022 on Personal Data Protection and the Electronic Information and Transactions Law; however, its implementation still faces various obstacles, particularly weak supervision of electronic system providers, suboptimal law enforcement, low levels of public digital literacy, and increasing cybersecurity threats in line with the development of information technology. The conclusion of this study emphasizes that legal protection for consumers’ personal data in digital transactions has not been fully effective because there remains a gap between regulation and its practical implementation. The implications of this study indicate the need to strengthen supervision, optimize law enforcement, improve public digital literacy, and enhance digital system security so that consumer personal data protection can be implemented more effectively.

Implementasi Peraturan Daerah Kabupaten Pasaman Nomor 3 Tahun 2017 tentang Pendidikan Gratis Perspektif Siyasah Tanfiziyah (Studi Kasus di Nagari Lansek Kadok)

Bunga Vajar Lestari — 2026-07-08

The free education policy is an important instrument in ensuring access to education for society; however, its implementation still faces challenges at the local level, as reflected in the continued presence of junior secondary school-age children who have dropped out of school in Nagari Lansek Kadok. This study aims to analyze the implementation of Pasaman Regency Regional Regulation Number 3 of 2017 concerning Free Education, identify the factors inhibiting its implementation, and examine the policy from the perspective of Siyasah Tanfiziyah. This study used a qualitative approach with a descriptive design. Data were collected through observation, interviews, and documentation, and were then analyzed through the stages of data reduction, data display, and conclusion drawing. The results show that the free education policy at the junior secondary school level in Nagari Lansek Kadok has been implemented, but it has not yet run optimally because some students still drop out of school. The main obstacles to the implementation of this policy include low public awareness of the importance of education, insufficient policy socialization, geographical conditions, limited educational support facilities, and the suboptimal role of the nagari government and coordination among stakeholders. From the perspective of Siyasah Tanfiziyah, the implementation of the free education policy has not fully reflected the principles of public benefit, justice, and government responsibility in fulfilling and guaranteeing the community’s right to education. The conclusion of this study emphasizes that the effectiveness of the free education policy requires strengthened socialization, an enhanced role of the nagari government, and more optimal coordination among implementing actors so that the goal of fulfilling the community’s right to education can be achieved more equitably.

Implementasi Konstitusional Berdasarkan Peraturan Bupati Nomor 12 Tahun 2020 tentang Sadari Stunting Menurut Fiqh Siyasah Tanfidziyah (Studi Kasus di Nagari Simpang Kapuak Kecamatan Mungka Kabupaten Lima Puluh Kota)

Sri Indah Pertiwi — 2026-07-08

The implementation of stunting prevention policies at the nagari level still faces various challenges, particularly regarding community participation, information dissemination, and the optimization of supplementary feeding implementation. This study aims to analyze the implementation of Regent Regulation Number 12 of 2020 concerning SADARI Stunting in Nagari Simpang Kapuak, Mungka Subdistrict, Lima Puluh Kota Regency; identify the supporting and inhibiting factors in its implementation; and examine the roles of nagari officials, stunting cadres, and the community health center from the perspective of Fiqh Siyasah Tanfidziyah. This study used field research with a qualitative approach. Data were collected through interviews, observation, and documentation involving informants consisting of the nagari head, stunting cadres, community health center personnel, and community members. The results show that the SADARI Stunting program has been implemented through routine integrated health post activities, including monitoring the growth of children under five, nutrition counseling, immunization, and supplementary feeding. Supporting factors in program implementation include cooperation among implementers and community support, while inhibiting factors include limited numbers of cadres, the community’s economic conditions, and low community participation. From the perspective of Fiqh Siyasah Tanfidziyah, the SADARI Stunting program reflects the implementation of a structured policy aimed at realizing public welfare, although strengthened socialization, increased community participation, and technical improvements in field-level program implementation are still needed. The conclusion of this study emphasizes that the successful implementation of stunting prevention policies requires more optimal coordination among implementers and sustained community involvement.

Penerapan Perda Bukittinggi Nomor 2 Tahun 2024 tentang Ketertiban Umum terhadap LGBT Studi Kasus Kota Bukittinggi Ditinjau dari Fiqih Siyasah Tanfidziyah

Faulah Ramashur — 2026-07-08

Increasing public attention to the LGBT phenomenon in Bukittinggi City, which is perceived as inconsistent with religious values, Minangkabau customs, and social norms, provides an important basis for strengthening public order policy through Bukittinggi City Regional Regulation Number 2 of 2024. This study aims to analyze the implementation of this regional regulation regarding LGBT activities and to examine it from the perspective of Fiqih Siyasah Tanfidziyah. This study used a qualitative method with an empirical juridical approach. Data were collected through observation, interviews with Satpol PP, LKAAM, MUI, Bundo Kanduang, and the community, as well as documentation. The results show that the implementation of the regional regulation is carried out through supervision, enforcement, socialization, and guidance using persuasive, educational, and religious approaches. The implementation of this policy is supported by synergy among the local government, customary institutions, religious leaders, and the community, but it still faces obstacles in the form of leaked information about raids, suboptimal effectiveness of sanctions, the influence of social media, and low public awareness. From the perspective of Fiqih Siyasah Tanfidziyah, the implementation of the regional regulation reflects the government’s function in realizing public welfare and maintaining public order in accordance with the principles of Islamic law. The conclusion of this study emphasizes that the effectiveness of the implementation of Bukittinggi City Regional Regulation Number 2 of 2024 requires strengthened inter-institutional coordination, increased socialization, and continuous guidance so that social order and public welfare can be realized more optimally.

Pelecehan Seksual “Begal Payudara” dalam Perspektif Hukum Pidana Islam: Analisis Putusan 47/PID.SUS/2023/PN BKT

Nur Azizah Syahdia — 2026-07-08

The prevalence of sexual harassment cases in the form of “breast grabbing” has caused public anxiety, particularly when criminal verdicts are considered relatively lenient compared with the charges, as reflected in Decision Number 47/Pid.Sus/2023/PN Bkt. This study aims to analyze the judge’s considerations in the decision and examine its conformity from the perspective of Islamic criminal law. This study used field research with a qualitative approach. Primary data were obtained through interviews with judges, while secondary data were derived from court decisions, books, and journals. The data were analyzed descriptively and analytically. The results show that the judge based the decision on the fulfillment of the elements of the criminal act of indecent assault against a child in accordance with statutory provisions, while also considering reconciliation and compensation as mitigating factors. From the perspective of Islamic criminal law, the act corresponds to the concept of jarimah hirabah because it contains elements of violence, terror, and the violation of honor in public spaces. The conclusion of this study emphasizes that although the judge’s decision fulfilled formal juridical aspects, the sanction imposed did not fully reflect the severity of the crime, which has a broad impact on the community’s sense of security from the perspective of Islamic criminal law. The implications of this study indicate the need for evaluation in law enforcement and the strengthening of stricter criminal policies against sexual crimes.

Urgensi Saksi dalam Permohonan Cerai Talak menurut Fiqih Munakahat (Studi Putusan Nomor: 450/PDT.G/2025/PA.LK Pengadilan Agama Tanjung Pati)

Natasya Pratama Putri — 2026-07-10

Although studies on evidence in divorce cases have been widely conducted, research that specifically integrates judicial considerations with the perspective of fiqh munakahat regarding the urgency of witnesses in petitions for divorce by talak remains limited. This study aims to analyze judicial considerations regarding witness evidence in Decision Number 450/Pdt.G/2025/PA.LK of the Tanjung Pati Religious Court and to examine the urgency of witnesses from the perspective of fiqh munakahat. This study used a qualitative approach with a case study design. The research informants were selected through purposive sampling, including judges of the Tanjung Pati Religious Court who handled the related case. Data were collected through interviews, documentation, and observation, then analyzed using the interactive analysis model of Miles, Huberman, and Saldaña, which includes data condensation, data display, and conclusion drawing. The results show that the petition for divorce by talak was rejected because the testimony submitted did not meet the required evidentiary strength, particularly because the witnesses did not have direct knowledge of the disputed events. This finding affirms that witnesses hold an important position in the evidentiary system of divorce by talak cases, both from the perspective of civil procedural law and fiqh munakahat. The conclusion of this study shows that the quality of testimony is a crucial aspect in realizing legal certainty and justice in the resolution of divorce cases. The implications of this study include theoretical contributions to the development of Islamic family law studies and practical implications for judges, academics, and the public in understanding the urgency of valid, relevant, and accountable witness evidence.

Tinjauan ‘Urf terhadap Denda Akibat Pembatalan Batando (Studi di Nagari Taeh Bukik Kabupaten Lima Puluh Kota)

Ulvia Bunga Lestari — 2026-07-10

Although the practice of fines due to the cancellation of batando in Minangkabau society has received attention in studies of customary law and Islamic law, research that specifically analyzes the implementation of fines for the cancellation of batando in Nagari Taeh Bukik from the perspective of ‘urf remains limited. This study aims to analyze the implementation of fines resulting from the cancellation of batando and to assess their conformity with the concept of ‘urf in Islamic law. This study used a qualitative approach with a case study design. The research participants consisted of ninik mamak, customary leaders, community leaders, and parties who had been involved in the cancellation of batando, selected through purposive sampling. Data were collected through semi-structured interviews, observation, and documentation, then analyzed using an interactive analysis model comprising data reduction, data display, and conclusion drawing. The results show that a customary fine of five units of gold is imposed on the party who cancels the batando based on the agreement of the parties from the beginning of the proposal procession. The implementation of this fine aims to maintain family honor, strengthen responsibility, and prevent social conflict. Viewed from the perspective of ‘urf, this practice is a custom that lives within the community and can be accepted as long as it fulfills the principles of public benefit, justice, and does not contradict Islamic law. The conclusion of this study affirms that fines for the cancellation of batando can be understood as a customary mechanism that functions to maintain social harmony while also having relevance to the principles of Islamic law. The implications of this study include theoretical contributions to the development of Islamic family law studies, particularly regarding the relationship between Minangkabau customary law and the concept of ‘urf, as well as practical implications for customary communities and policymakers in resolving proposal disputes fairly, beneficially, and in accordance with the values of Islamic law.

Analisis Penetapan Hakim Pengadilan Agama Maninjau Nomor: 23/Pdt.P/2024/PA.Min tentang Penetapan Dzawil Arham sebagai Ahli Waris Perspektif Maslahah

Yusrizal Hamid — 2026-07-10

Although the designation of dzawil arham as heirs in Islamic inheritance law has received attention in various studies, studies that specifically discuss judicial considerations in the Determination of the Maninjau Religious Court Number 23/Pdt.P/2024/PA.Min from the perspective of maslahah remain limited. This study aims to analyze the judges’ legal considerations in designating dzawil arham as heirs and to assess their conformity from the perspective of maslahah. This study used a qualitative approach with a normative-empirical and descriptive-analytical design. The research participants consisted of judges of the Maninjau Religious Court selected through purposive sampling. Data were collected through literature study, document analysis of Determination Number 23/Pdt.P/2024/PA.Min, and semi-structured interviews, then analyzed qualitatively using a deductive approach. The results show that the designation of dzawil arham as heirs was based on proof of lineage, the absence of heirs from the categories of ashabul furudh and ashabah, as well as considerations of benefit and justice in line with the objectives of Islamic law (maqashid al-syari‘ah). This finding contributes to the development of maslahah theory in the practice of legal discovery (rechtsvinding) within the Religious Courts and broadens understanding of the application of Islamic inheritance law in the context of the Indonesian judiciary. The conclusion of this study affirms the importance of integrating positive law and the principle of maslahah in resolving inheritance cases, particularly in cases that are not explicitly regulated. The implications of this study indicate the need to optimize the benefit-oriented approach by judges in deciding inheritance cases and open opportunities for comparative studies on the designation of dzawil arham in various Religious Courts in Indonesia.

Tradisi Manjopuk Suami Jo Carano pada Hari Kematian Istri di Nagari Sarilamak Kabupaten Lima Puluh Kota Perspektif Maslahah

Wara Aini — 2026-07-10

Although the tradition of manjopuk suami jo carano as part of Minangkabau customary law has received attention in several studies, studies that specifically analyze this tradition in Nagari Sarilamak, Lima Puluh Kota Regency, from the perspective of maslahah remain limited. This study aims to analyze the implementation of the manjopuk suami jo carano tradition and examine its relevance from the perspective of maslahah. This study used a qualitative approach with a field research design, involving informants consisting of ninik mamak, community leaders, and husbands who had undergone the tradition, selected through purposive sampling. Data were collected through observation, semi-structured interviews, and documentation, then analyzed through the stages of data reduction, data display, and conclusion drawing and verification. The results show that the manjopuk suami jo carano tradition is still maintained as a form of respect for the husband and his family, as well as a marker of the end of the husband’s status as urang sumando after his wife has passed away. Although it does not have binding customary sanctions, this tradition continues to be practiced because it contains values of togetherness, maintains kinship ties, and strengthens interfamily relationships. From the perspective of maslahah, this tradition contains benefit because it does not contradict the principles of Islamic law and supports the realization of social harmony. The conclusion of this study affirms that the manjopuk suami jo carano tradition can be understood as a customary practice that has socio-religious value and is relevant to the principle of public benefit. The implications of this study include theoretical contributions to the development of Islamic Family Law studies through the application of maslahah theory in analyzing Minangkabau customary traditions, as well as practical implications for communities and customary stakeholders in preserving traditions that are in accordance with the values of Islamic law.

Analisis terhadap Putusan PA Koto Baru Nomor 18/Pdt.P/2025/PA.Kbr tentang Penolakan Dispensasi Nikah Pasca Khalwat Perspektif Sadd Adz-Dzari’ah

Yudia Permata Sari — 2026-07-14

Although marriage dispensation has received considerable attention in various studies of Islamic family law, research specifically examining the rejection of marriage dispensation following khalwat from the perspective of sadd al-dzari’ah remains limited. This study aimed to analyze the judge’s considerations in Koto Baru Religious Court Determination Number 18/Pdt.P/2025/PA.Kbr concerning the rejection of marriage dispensation following khalwat and to examine the determination from the perspective of sadd al-dzari’ah. The study employed a qualitative approach with a legal case study design. Data were obtained through observation, semistructured interviews with the judge who handled the case, and documentation comprising the court determination and relevant laws and regulations. The data were analyzed using qualitative descriptive analysis through the stages of data reduction, data display, and conclusion drawing. The findings showed that the rejection of marriage dispensation was based on the applicants’ failure to meet the minimum marriage age, the psychological immaturity of the prospective spouses, the protection of children’s rights, and the absence of urgent grounds as stipulated in Supreme Court Regulation Number 5 of 2019. From the perspective of sadd al-dzari’ah, the judge’s determination reflected an effort to block avenues that could potentially cause greater harm in order to realize public benefit and child protection. This study confirms that judicial considerations in marriage dispensation cases are oriented not only toward formal legal aspects but also toward preventing harm and fulfilling the best interests of the child. These findings contribute to the development of Islamic family law studies, particularly regarding the application of sadd al-dzari’ah in resolving marriage dispensation cases, and imply the importance of judicial consistency in prioritizing the principles of child protection and public benefit in every examination of a marriage dispensation application.

Kajian Lafaz 'Ām dan Khāṣ dalam Ushul Fikih serta Implikasinya terhadap Penetapan Hukum Islam

Musliadi — 2026-07-14

Although the concepts of ‘ām and khāṣ expressions have been widely discussed in the literature on Ushul Fiqh, studies comprehensively analyzing their implications for the process of Islamic legal determination remain relatively limited. This study aimed to analyze the concepts of ‘ām and khāṣ expressions, the forms of their use in the texts of the Qur’an and Hadith, and their implications for the process of Islamic legal istinbāṭ. The study employed a qualitative approach using library research. Data were obtained through a documentation study of Ushul Fiqh texts, Qur’anic exegesis texts, books, and relevant scholarly journal articles and were subsequently analyzed using descriptive-analytical and content analysis methods. The findings showed that ‘ām expressions contain a general scope of legal application, whereas khāṣ expressions restrict the applicability of a law to certain objects, individuals, or conditions. The mechanism of takhṣīṣ serves to restrict the generality of an expression, thereby producing a more precise and proportional legal interpretation that is aligned with the objectives of Sharia. Understanding the relationship among ‘ām, khāṣ, and takhṣīṣ expressions also has important implications for the consistency and accuracy of the process of Islamic legal istinbāṭ. This study concludes that mastery of linguistic principles concerning general and specific expressions is an essential element in determining Islamic law methodologically. These findings contribute to the development of Ushul Fiqh studies, particularly by strengthening the methodology of Islamic legal determination based on linguistic analysis of Sharia sources.

Keywords: Ushul Fiqh; ‘Ām Expressions; Khāṣ Expressions; Takhṣīṣ; Legal Istinbāṭ