AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam
This journal is published by the Sharia Faculty of INSURI Ponorogo twice a year (June and December) with E-ISSN 2686-4819 and P-ISSN 2686-1607. The presence of the Al-Manhaj journal accommodates scientific writings from the academic community, researchers, students, and practices in Islamic law and law that have good values ​​and high rationality. The scope of the discussion includes legal science, civil law, criminal law, constitutional law, business law, state administrative law, family law, Islamic politics, muamalah, and Islamic social institutions. This journal has nationally accredited journal Nasional (ARJUNA) system managed by the Ministry of Education, Culture, Research and Technology (Kemendikbudristek) the Republic of Indonesia, ranked as Sinta 3 based on SK No. 0173/C3/DT.05.00/2025 Accreditation Certificate
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Al-Qur’an Mastery Policy at IAIN Ponorogo: A Structural-Functional Analysis
This study aims to analyze the implementation of the Decree of the Director-General of Islamic Education No. 6093 of 2020 concerning competency standards for Qur’an mastery, particularly in the teaching of the Qur’an at IAIN Ponorogo, using a structural-functional theoretical perspective. The research employs a qualitative evaluative approach, with data collected through document analysis, program evaluation reports, and observations of Qur'an learning activities. The findings reveal that implementing Qur'an teaching has significantly improved students' competencies in Qur'anic recitation, memorization, and comprehension. From a structural-functional perspective, the Qur'an learning program functions not only as an academic instrument but also as a mechanism for maintaining educational order and social stability within the institution. Nevertheless, challenges persist due to students' diverse educational backgrounds, which affect the uniformity of competency achievement. Therefore, this study recommends continuous evaluation, adaptive learning strategies, and differentiated instructional approaches to ensure the sustainability, relevance, and effectiveness of Qur'an teaching programs in responding to students' needs and institutional goals.
Copyright (c) 2026 Irma Rumtianing, Umar Faruq Thohir http://creativecommons.org/licenses/by/4.0
Presidential Elections Without a Threshold in Indonesia: Strengthening Citizens’ Political Rights After the 2025 Constitutional Court Decision
The presidential threshold in Indonesia, requiring political parties or coalitions to secure at least 20% of parliamentary seats or 25% of valid votes to nominate presidential candidates, has long sparked debate over the constitution. Critics contend that this requirement operates as a structural barrier that limits citizens' political rights and consolidates oligarchic dominance. This study examines the abolition of the presidential threshold following the Constitutional Court's Decision No. 62/PUU-XXII/2024, which annulled Article 222 of the 2017 Election Law. Employing a normative juridical and comparative approach, the research analyzes constitutional principles, judicial reasoning, and electoral practices in selected democracies, including France and the United States. The analysis demonstrates that removing the presidential threshold broadens political participation, enhances inclusivity, and fosters fairer democratic competition by reducing the dominance of major parties. Although the absence of a threshold may increase the number of candidates and the likelihood of run-off elections, such consequences can be mitigated through appropriate institutional design. Normatively, this study concludes that abolishing the presidential threshold is constitutionally justified and necessary to fully realize citizens' political rights and democratic sovereignty in Indonesia.
Copyright (c) 2026 Imam Ropii, Agus Pramono, Carolina Kuntardjo, Ariska Cesar Divian Candra Kusuma http://creativecommons.org/licenses/by/4.0
Reaffirmation of State Control Over Land: Analysis of Legal Certainty After Constitutional Court Decision No. 185/PUU-XXII/2024
This study examines the constitutional reaffirmation of state control over land following Constitutional Court Decision No. 185/PUU-XXII/2024. It analyzes legal certainty, agrarian governance, and the balance between state authority and private land rights in Indonesia. This study presents a new perspective on the IKN policy and Constitutional Court jurisprudence by examining how Constitutional Court Decision No. 185/PUU-XXII/2024 reaffirms state control over land, enhances legal certainty, and highlights the social function of land rights, in the framework that follows the decision. This study employed a normative juridical approach, incorporating statutory, case, conceptual, and historical perspectives. The Constitutional Court Decision No. 185/PUU-XXII/2024 reinforces state control over land, emphasizing the staatbeheerrecht principle in alignment with Article 33 of the 1945 Constitution while limiting excessive liberalization of land rights. The absence of implementing regulations post-decision raises concerns over legal certainty, highlighting the need for coherent regulations to reconcile constitutional demands with investment governance and land administration. Future regulations must establish timelines and evaluation mechanisms for HGBs to prevent legal gaps and ensure a balance between investment certainty and agrarian justice. This decision reverses the trend of liberalizing land rights in the IKN area, which could disregard the principle of social justice.
Copyright (c) 2026 Suyanto Suyanto http://creativecommons.org/licenses/by/4.0
Civil Forfeiture as a Legal Mechanism for Recovery of State Losses in Corruption Cases in Indonesia
The recovery of state financial losses from corruption remains a central challenge in Indonesia's anti-corruption framework. Despite the availability of various recovery mechanisms, questions persist regarding their effectiveness and conformity wth the principle of proportionality and national legal policy. This study examines the application of proportionality in state loss recovery policies and formulates a future-oriented legal policy to enhance recovery effectiveness. Employing a normative legal research method, this study applies Robert Alexy's proportionality test, suitability, necessity, and proportionality in the strict sense to assess criminal restitution, post-conviction asset confiscation, and administrative and civil forfeiture mechanisms. The findings reveal that Indonesia's current recovery framework is fragmented and predominantly reliant on repressive, criminal-based approaches, resulting in limited asset recovery. The novelty of this study lies in its proportionality-based formulation of civil forfeiture as an integrated administrative recovery model that prevents asset dissipation while safeguarding due process and property rights. This study argues that proportionality does not weaken anti-corruption efforts, but rather provides a normative foundation for designing recovery policies that are effective, balanced, and capable of delivering measurable public benefits.
Copyright (c) 2026 Faissal Malik, Amriyanto, Tri Syafari http://creativecommons.org/licenses/by/4.0
Diversion Reform in Juvenile Criminal Law Based on Prophetic Restorative Justice
Restorative justice in the Juvenile Criminal Justice System remains predominantly shaped by pragmatic and secular approaches, limiting its capacity to support substantive character formation among children in conflict with the law. This study examines the integration of prophetic legal values into diversion and rehabilitation processes to strengthen the ethical and transformative dimensions of restorative justice. Using a normative juridical method, the study analyzes the weaknesses of conventional restorative justice practices within the Indonesian juvenile justice framework. The findings indicate that diversion is largely implemented as a formal conflict resolution mechanism through peace agreements, with limited attention to character development and deep value internalization. In response, this study proposes a prophetic restorative justice model grounded in the values of humanization, liberation, and transcendence, offering a more holistic approach to juvenile rehabilitation. The integration of ethical and transcendental dimensions repositions diversion as a structured process of character rehabilitation and sustainable social relationship reconstruction rather than mere case settlement. This study contributes conceptually and normatively by reconstructing restorative justice through a prophetic legal paradigm, while also providing policy-oriented implications for strengthening regulations and technical guidelines to institutionalize prophetic restorative justice within Indonesia's Juvenile Criminal Justice System.
Copyright (c) 2026 Deni Setiyawan, Ananda Afit Oktavian, Naufal Andra Maghara Yoga Tama Putra, Muhammad Azimuddin Mohamed http://creativecommons.org/licenses/by/4.0
Criminological Aspects Of The Crime Of Murder Committed By A Child Against Biological Parents
This study examines the crime of murder committed by children against their biological parents (parricide) by focusing on the analysis of Decision Number 3/Pid.Sus-Anak/2022/PN Bnt from the perspective of criminology and Indonesian criminal law. The research method used is a normative juridical case study approach, based on the analysis of court decisions, laws and regulations, and criminological doctrines and theories. The results of the study showed that a combination of internal and external factors, such as prolonged family conflicts, domestic violence, psychological distress, emotional instability of children, and weak family supervision and parenting functions, influenced the occurrence of parricide. From a legal perspective, law enforcement against child offenders has referred to the provisions of the Criminal Code and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, emphasizing the principles of child protection and rehabilitative punishment. From a criminological perspective, this case reflects the failure of the family as the main social environment. Therefore, comprehensive prevention efforts are needed to strengthen the role of the family, promote character education, and implement psychosocial interventions to prevent the recurrence of similar crimes.
Copyright (c) 2026 Ferry Fridolind Hutasoit, Sri Sulistyawati, Kartina Pakpahan http://creativecommons.org/licenses/by/4.0
Effectiveness Of Criminal Enforcement Against Kreak In Juvenile Justice System Semarang Regency
This study examines the effectiveness of criminal law enforcement against street children associated with the "Kreak" phenomenon in Semarang Regency within the framework of the Juvenile Criminal Justice System (SPPA). The research is grounded in the identified gap between Indonesia's child-centered juvenile justice norms, particularly diversion and restorative justice, and their inconsistent implementation in practice. Using a normative juridical method, this study analyzes primary legal materials, including Law No. 11 of 2012 on the Juvenile Criminal Justice System and Law No. 1 of 2023 on the Criminal Code, supported by relevant legal literature. The findings indicate that law enforcement effectiveness remains limited due to inconsistent diversion practices, weak inter-agency coordination, insufficient rehabilitation and reintegration facilities, and a limited understanding of restorative justice among law enforcement officials. Social stigma and the complex socio-economic background of children further hinder reintegration efforts. This study emphasizes that effectiveness should be measured through rehabilitative outcomes rather than punitive indicators and recommends strengthening restorative justice training, harmonizing SPPA implementation with the Criminal Code, enhancing institutional coordination, and expanding community-based prevention and reintegration programs to ensure child protection and sustainable public safety.
Copyright (c) 2026 Laras Winarsih, Lailasari Ekaningsih, Idul Hanzah Alid, Wafda Vivid Izziyana http://creativecommons.org/licenses/by/4.0
Legal Analysis of Female Circumcision in The Context of Legal Pluralism in Indonesia
This study aims to analyze legal regulations on female circumcision practices from the perspective of legal pluralism in Indonesia and examine the legal implications for women's health protection. The research method used is normative legal research with a qualitative approach, based on the analysis of legislation, legal literature, and expert opinions. The approaches used include a statutory approach, a conceptual approach, and a case approach to examine the relationship among state law, religious law, and customary law regarding the practice of female circumcision. The results of the study show that the Indonesian government, through Law No. 17 of 2023 concerning Health and Government Regulation No. 28 of 2024, has prohibited female circumcision as a form of protection of human rights and reproductive health in accordance with WHO recommendations. However, the practice of female circumcision is still found in society in symbolic and traditional forms, which are considered part of the values of purity and moral obligations. Differences in perception between state law, religious law, and customary law pose challenges in policy implementation. Clarity on the legal boundaries between permissible and prohibited forms of circumcision is necessary to ensure the protection of women and children without causing social resistance in the community.
Copyright (c) 2026 Debby Hasmita, Imam Ropii, Marsudi Dedi Putra http://creativecommons.org/licenses/by/4.0
Social Institutions and State Policy in Indonesia’s Interfaith Marriage Regulation
This study situates interfaith marriage within the broader context of Indonesia's plural society and the increasing use of alternative legal mechanisms to analyze negotiations among social institutions, state law, and religious law. The objective is to identify points of convergence and normative conflict in regulating interfaith marriage and to assess their implications for legal certainty and citizens' rights. The research applies a normative legal method grounded in legal pluralism, based on doctrinal analysis of statutory regulations, Constitutional Court decisions, Supreme Court Circular Letter Number 2 of 2023, and the Compilation of Islamic Law. The findings show that normative tension stems from differing interpretations of Article 2 of the 1974 Marriage Law and the prohibition of interfaith marriage under positive Islamic law, reinforced by judicial policy and administrative barriers to registration. These conditions create socio-religious pressure and encourage strategies such as marrying abroad or exploiting procedural loopholes. The study concludes that interfaith marriage exists within a legal gray zone shaped by power relations among the state, religious authorities, and social actors, highlighting the need for inclusive reform, legal harmonization, and responsive public services within Indonesia's plural legal system.
Copyright (c) 2026 Marhalisa Eka Resty, Mustiqowati Ummul Fithriyyah http://creativecommons.org/licenses/by/4.0
Differentiation Treatment Of KBIHU According To The Law On Hajj And Umrah Management
The regulatory transformation of Hajj management in Indonesia through the enactment of Law Number 14 of 2025, amending Law Number 8 of 2019, has significantly impacted (KBIHU)as a strategic partners of the government. This study aims to analyze the differentiation of regulatory treatment for the word KBIHU under both legal regimes and to examine its managerial implications for institutional accountability and professionalism. Employing a qualitative comparative document analysis, this research focuses on Articles 52-56 of both laws to identify shifts in legal norms. The findings reveal a governance paradigm shift from a socio-religious partnership model to a more standardized, bureaucratic oversight system. Key changes include stricter accreditation requirements, digital supervision through the SERAMBI platform, an increase in the pilgrim-to-guide ratio from 1:135 to 1:151, and a shift in guide quota allocation from an automatic entitlement to a proposal-based mechanism dependent on competency selection. While the new regulation promotes transparency and professional standards, the increased workload per guide potentially risks reducing the quality of personalized guidance. Consequently, KBIHU is required to reposition its service strategies to remain adaptive within an increasingly regulated and modernized Hajj and Umrah management ecosystem.
Copyright (c) 2026 Agil Syarifatul Mashohih, Abdul Rozaq http://creativecommons.org/licenses/by/4.0
Implications of Uncertainty in the Status of Palilah Griya Pasiten Letter Holders in the Baluwarti Area
This study analyzes the legal status of Palilah Griya Pasiten Letter in the Baluwarti area of Surakarta within Indonesia's national agrarian law framework. Surat Palilah, issued by the Surakarta Palace as an authorization to occupy and use palace land, has no clear position under the Basic Agrarian Law (UUPA), creating legal uncertainty, particularly in land registration and certification. This research applies normative legal methods, drawing on statutory, historical, and conceptual approaches, and is supported by empirical interviews as complementary data. The study examines the legal standing of Palilah land, available forms of legal protection, and obstacles in the registration process. The findings show that Palilah land cannot be certified as ownership or building use rights and may only be recognized as a Right of Use with Palace approval. The study contributes to agrarian law scholarship by clarifying the normative gap between traditional palace land governance and the national land law system and by providing a conceptual basis for strengthening legal protection within a pluralistic agrarian framework.
Copyright (c) 2026 Pramandini Amara Dipta, Mohammad Jamin, Fatma Ulfatun Najicha http://creativecommons.org/licenses/by/4.0
Legal Education and Financial Literacy of Student PayLater Users: A Normative Juridical Review
The development of financial technology (fintech) has changed consumption patterns in society, including among students. One popular innovation is the PayLater feature, which allows users to make transactions with delayed payment. However, this convenience may create legal and financial risks if it is not supported by adequate financial literacy and legal understanding. This study aims to analyze the role of legal education in improving students' financial literacy and in promoting the responsible use of PayLater services. The research uses a normative juridical method with a statutory approach by examining several regulations, including Law Number 8 of 1999 on Consumer Protection, the Electronic Information and Transactions Law, and Government Regulation on the Implementation of Electronic Systems and Transactions. The results show that legal education increases students’ awareness of their rights and obligations as digital consumers. Understanding PayLater regulations can also help prevent excessive consumption and misuse of digital services. Therefore, integrating legal education with financial literacy is important to foster a generation of young people who are legally aware and financially responsible in using digital financial services.
Copyright (c) 2026 Taffy Faiq Syahmi, Wahyu Prawesthi, M. Syahrul Borman http://creativecommons.org/licenses/by/4.0
Umrah Law Implementation: Performance Analysis of Al-Fazza Tour & Travel Agency Semarang
This study analyzes the implementation dynamics of Law No. 14 of 2025 on Umrah Pilgrimage, specifically focusing on independent Umrah provisions within the operational context of Al-Fazza Tour & Travel Agency in Semarang. This phenomenon is examined to understand how organizations respond to regulations that may disrupt travel agencies' traditional roles. Utilizing a qualitative case study design, data were gathered through in-depth interviews with key management (the Director and Operations Manager) and participant observation. Results indicate that regulatory implementation is interpretative and adaptive, avoiding radical structural shifts. Management perceives the regulation through three primary lenses: legal legitimacy, new competitive challenges, and catalysts for strategic adaptation. Empirically, the legalization of independent Umrah has not significantly decreased pilgrim interest, as trust, service comfort, and the need for religious guidance remain dominant preferences. The agency’s adaptive response prioritizes educational functions through community outreach regarding the technical complexities and risks of independent Umrah. Theoretically, this research enriches bottom-up policy implementation studies in the religious service sector and recommends optimizing spiritual guidance as a core strategy for organizational sustainability amidst regulatory changes.
Copyright (c) 2026 Jiyadu Naufal, Abdul Rozaq http://creativecommons.org/licenses/by/4.0
Audio-Visual Recording Of Civil Trials As A Means To Enhance Judicial Accountability And Transparency
The implementation of audio-visual recording in court proceedings is regulated by Supreme Court Circular Letter Number 4 of 2012 on the recording of trial processes; however, its application is still restricted to corruption cases and other cases that attract significant public attention. This study examines the urgency and legal foundations for extending trial recording to civil proceedings and evaluates its role in enhancing judicial transparency and accountability. Trial recordings constitute an important innovation that should ideally be applied to all types of cases, including civil cases, so that recordings can be used by the parties in procedural processes and ensure transparent and accountable judicial decision-making. The study applies a normative juridical approach by analyzing statutory provisions, legal doctrines, and relevant scholarly literature. The results demonstrate that trial recording contributes to greater transparency of information, helps minimize the risk of misuse of authority, and reinforces public confidence in judicial institutions. Recordings also provide accurate documentation of trial proceedings, serving as a reference for the parties and assisting judges in decision-making in civil cases. Therefore, from a normative perspective, the Supreme Court must enact explicit regulation mandating audio-visual recording in civil trials as an instrument of judicial accountability and transparency.
Copyright (c) 2026 Angga Prihatin, Alhadiansyah, Marnita http://creativecommons.org/licenses/by/4.0
Protection of Victims of Digital Sexual Violence: A Comparative Study of Indonesia and South Korea
The development of digital technology has given rise to a new form of violence in the form of digital sexual violence, including deepfake pornoghraphy which has not been fully accommodated in the Indonesian legal system. This study aims to compare legal protection for victims of digital sexual violence in Indonesia and South Korea and to formulate strategies for strengthening regulations in Indonesia. The method used normative legal research, with a legislative, conceptual, case, and comparative approach, analyzing regulations and legal practices in both countries. The results show that Indonesia already has a legal basis through the TPKS Law, the ITE Law, and the Criminal Code, but does not yet specifically regulate forms of AI-Based DBV such as deepfake pornography. Implementation challenges include digital evidence, inter-agency coordination, and mechanisms for content removal. In contrast, South Korea has more responsive regulations, supported by specialized agencies focused on victim protection and recovery. The novelty of this research lies in its comparative analysis that focuses on institutional strengthening and technical mechanisms for handling digital sexual violence as concrete recommendations for legal reform in Indonesia.
Copyright (c) 2026 Mutiara Aprilia Putri Sela, Winda Fitri, Rufinus Hotmaulana Hutauruk http://creativecommons.org/licenses/by/4.0
Customary Law Perspectives on Preserving Baduy Ulayat Land: A Socio-Legal Study of Sustainability
This study investigates the pivotal role of customary law (hukum adat) in preserving ulayat (communal) land within the Baduy indigenous community of Indonesia, navigating the complexities of modern legal pluralism. Employing a qualitative socio-legal methodology, this research utilizes purposive sampling involving traditional authorities, specifically the Puun and Jaro. The findings reveal that Baduy land governance is a holistic integration of social, spiritual, and ecological dimensions, in which land is venerated as a sacred ancestral trust (karuhun) rather than a fungible economic commodity. Consequently, traditional norms strictly prohibit land alienation and individual certification. These protective mechanisms are enforced through a sophisticated hierarchical leadership structure in which the Jaro implements both preventive norms and restorative sanctions to maintain communal integrity. Despite formal recognition through regional regulations, this study identifies critical friction between national agrarian policies, external economic pressures, and indigenous autonomy. The research concludes that the Baduy model provides a resilient, sustainable paradigm for land governance. It advocates for a substantive harmonization between state legislation and customary frameworks to ensure the enduring protection of indigenous territorial rights against contemporary developmental encroachment.
Copyright (c) 2026 Fathullah, Robby Nurtresna, Muhamad Wahyudin, Mabsuti, Saifun Nufus http://creativecommons.org/licenses/by/4.0
Legislative Oversight Mechanisms under the DPR Rules of Procedure: Implications for Checks and Balances in Indonesia
This study examines how the House of Representatives (DPR) exercises its legislative oversight function through its Rules of Procedure to strengthen the principle of checks and balances within Indonesia's constitutional system. This study employs a normative legal method using a juridical and conceptual approach, supported by relevant legal materials. The findings indicate that the DPR's Rules of Procedure, particularly the provisions on periodic evaluations of state officials appointed through parliamentary mechanisms, strengthen oversight by introducing an evaluation mechanism that produces binding recommendations. This framework enables a more structured assessment of officials' performance and accountability. However, several challenges remain, including the lack of clear, measurable evaluation criteria, the risk of political subjectivity, and limitations in ensuring institutional independence. These issues may undermine the effectiveness and credibility of the oversight process. Therefore, improvements are needed by establishing standardized evaluation parameters, increasing transparency, and strengthening institutional independence to ensure that the DPR's oversight functions operate effectively, objectively, and accountably.
Copyright (c) 2026 Mochamad Haikal Badjeber, Syamsul Hadi http://creativecommons.org/licenses/by/4.0
Legal Certainty and Evidentiary Strength of Digital Signatures in Electronic Contracts under Indonesian Law
The rapid advancement of digital technology has driven the widespread use of electronic contracts in modern business transactions, where digital signatures play an essential role in verifying authenticity, maintaining document integrity, and establishing mutual consent between parties. This study analyzes the legal validity and evidentiary weight of digital signatures under Indonesian law. Using a normative juridical approach, it examines relevant laws, particularly Law No. 11 of 2008 as amended by Law No. 19 of 2016 on Electronic Information and Transactions (ITE Law), along with supporting regulations and legal literature. The research evaluates whether digital signatures meet legal requirements and provide certainty in practice. The findings show that digital signatures are legally valid and binding if they can identify the signer, maintain document integrity, and prevent repudiation. They are also recognized as legitimate evidence in court. However, challenges remain, including limited public understanding, the need for stronger technological security, and the continued use of handwritten signatures for certain documents. Overall, digital signatures enhance the reliability of electronic contracts and support secure digital transactions in Indonesia.
Copyright (c) 2026 Taffy Faiq Syahmi, Agus Wardhono, M. Syahrul Borman, Wahyu Prawesthi http://creativecommons.org/licenses/by/4.0
Analysis of the Public Prosecutor's legal considerations in the criminal prosecution of child sexual intercourse by educators
The purpose of this research is to analyze the juridical basis used by Public Prosecutors in formulating criminal charges and to assess its conformity with the principles of justice and child protection. The research method employed is normative legal research, utilizing statutory, case, and conceptual approaches. Data were collected through library research and analyzed qualitatively. The results of the study indicate that in formulating criminal charges, the Public Prosecutor does not merely focus on the normative fulfillment of the elements of the offense but also considers the power relation between the perpetrator and the victim, the perpetrator’s position as an educator, as well as the psychological and social impacts on the victim. The criminal charges are constructed systematically by linking legal facts, evidence, and relevant legal norms. The conclusion of this study shows that the juridical considerations of the Public Prosecutor reflect a proper application of law and are oriented toward victim protection. However, there is still a need to strengthen the integration of a restorative justice approach to achieve more substantive justice.
Copyright (c) 2026 Aziz Tri Afriko, Sinung Mufti Hangabei, Riri Tri Mayasari, J.T. Pareke http://creativecommons.org/licenses/by/4.0
The Phenomenon of Marriage Contract Repetition After Nikah Siri To Prevent Fitnah
Marriage in Islam is regarded as a sacred covenant (mitsaqan ghaliza) aimed at preserving religion, honor, and lineage. In the context of increasingly intensive interaction during the premarital preparation period, some Muslim couples choose to conduct a religious marriage contract (nikah siri) before official state registration to avoid potential social suspicion and moral concerns. This study aims to analyze the practice of repeating marriage contracts after nikah siri and to examine its relevance from the perspective of maqashid al-sharia. This research employs a qualitative method with a case study approach involving three Muslim participants who conducted a religious marriage contract before official state registration. Data were collected through in-depth interviews and analyzed using descriptive-analytical techniques. The findings indicate that the initial religious marriage contract is perceived as a precaution (ihtiyath) to preserve honor and prevent actions that approach immorality during the wedding preparation period. The repetition of the marriage contract is not intended to validate the first contract but rather to obtain legal recognition and administrative protection. From the perspective of maqashid al-sharia, this practice aligns with the objectives of preserving religion, honor, and lineage.
Copyright (c) 2026 Jasmine Al Zhahra, Yusdi Haq http://creativecommons.org/licenses/by/4.0
Legal Protection For Children Who Are Victims of Sexual Violence So That Causes Mental Illness Disorders
This research analyzes the legal protection provided to child victims of sexual violence who suffer from mental illness disorders, specifically examining Court Decision Number 2836/Pid.Sus/2022/PN.Mdn. Using a normative juridical method with statutory and case approaches, this study identifies that sexual violence against children results in profound psychological consequences, including trauma, depression, anxiety, and severe disorders such as PTSD, bipolar disorder, and schizophrenia. Although Indonesia has established a legal framework through the Child Protection Law and the Witness and Victim Protection Law to mandate rehabilitation and psychological support, its practical application often remains perpetrator-focused, leaving significant gaps in the victim's long-term mental recovery. In the analyzed case, the judge's considerations integrated the victim's severe mental state—characterized by self-harm and the need for intensive medical treatment—as a basis for sentencing. The study concludes that optimal legal protection requires a shift toward a victim-centered approach, necessitating stronger collaboration among law enforcement, healthcare providers, and the government to ensure comprehensive rehabilitation and the fulfillment of victims' rights.
Copyright (c) 2026 Berliana Maya Agustina Manullang, Kartina Pakpahan, Immanuel Simanjuntak http://creativecommons.org/licenses/by/4.0
Democratizing Local Legislation Through Public Participation: A Critical Analysis of Regulations in Central Sulawesi
This study critically examines the legal dimensions, mechanisms, and barriers to public participation in the formulation of local regulations (perda) in Central Sulawesi. Employing a socio-legal approach that integrates normative analysis with empirical inquiry, the research evaluates compliance with the 1945 Constitution, Law No. 12/2011 (amended by Law No. 15/2019), Law No. 23/2014, and Ministry of Home Affairs Regulation No. 80/2015. Empirical data were gathered through in-depth interviews with 45 informants, observations at 12 public consultation forums, and document analysis of three strategic local regulations across four regions during 2021–2023. The findings reveal a significant implementation gap: public participation has been reduced to procedural formality, fundamentally contradicting the principle of openness. Three critical legal deficits were identified: (1) the absence of legal sanctions for procedural participation violations; (2) insufficient clarity in mechanisms for substantively accommodating public input; and (3) the lack of a public right of action against regulations enacted without adequate participation. The study concludes that multidimensional legal reform, coupled with a community-based deliberative participation model, is essential to fostering authentic and equitable democratization within the local legislative process.
Copyright (c) 2026 Mohamad Safrin, Andi Reza Alief, Irzha Friskanov S http://creativecommons.org/licenses/by/4.0
Problematics of Delegated Authority in Small-Scale Gold Mining Permit Issuance and Licensing Delays
This study analyzes the urgency of strengthening the authority of Regional Governments to issue Small-scale Gold Mining Permits within the framework of the relationship between the Central Government and Provincial Governments, as part of equitable licensing decentralization. Strengthening regional authority is essential to support regional autonomy and improve the effectiveness of natural resource management based on local conditions and community needs. This research employs a juridical-empirical method with a qualitative approach, examining mining regulations and a case study in Gorontalo Province. Primary data were collected through interviews with relevant stakeholders, while secondary data were obtained from legal literature, policy documents, and official publications. The findings show that the current delegated authority system creates administrative limitations and delays in permit issuance. Therefore, this study proposes strengthening provincial government authority through an attributive model to accelerate licensing services, enhance administrative effectiveness, and reinforce the regional role in accountable and sustainable mineral and coal mining governance.
Copyright (c) 2026 Chairul A. M Tulie, Fenty U. Puluhulawa, Zamroni Abdussamad http://creativecommons.org/licenses/by/4.0
The Fiduciary Guarantee Revolution: Optimizing Trademark Rights to Accelerate Banking Financing in Indonesia
This study examines the legal and implementation challenges of using trademark rights as fiduciary guarantees to accelerate bank financing in Indonesia. Employing normative legal research with statutory and conceptual approaches, the analysis covers the Civil Code, Fiduciary Guarantee Law, Trademark Law, Copyright Law, Patent Law, and Creative Economy Law. The findings reveal that trademark rights, classified as intangible movable assets under the Civil Code, possess a sound juridical foundation for fiduciary security. However, there is normative disharmony: the Trademark Law remains silent on fiduciary transfers, while copyright and patent laws explicitly authorize them. The Creative Economy Law resolves this ambiguity by expressly permitting trademarks as fiduciary collateral. Despite this normative progress, implementation in Indonesian banking practice remains unrealized due to fundamental obstacles, including complex valuation, the absence of specialized institutions and standardized methodologies, prudential concerns, and a lack of uniform operational protocols. Addressing these challenges requires coordinated efforts among the government, financial authorities, and banks to develop valuation infrastructure, regulatory guidance, and internal banking capacity.
Copyright (c) 2026 Moh. Fadlan Wahidji, Nur Mohamad Kasim, Weny Almoravid Dungga http://creativecommons.org/licenses/by/4.0
Criminal Liability for Triangle-Scheme Fraud in Motorcycle Buying and Selling (Study of Surabaya District Court Decision)
Technological advancements have fueled complex cybercrimes, including the “triangular scheme” fraud in online transactions. This scheme introduces a novel issue: the emergence of dual victims (sellers and buyers) simultaneously harmed by perpetrators acting as fictitious intermediaries. This study aims to analyze the application of criminal elements in the Surabaya District Court Decision No. 2051/Pid.B/2025/PN—Sby and to identify obstacles to its enforcement. Using a normative legal method, this study found that the elements of Article 378 of the Criminal Code (KUHP) have been satisfied. However, the finding highlights a legal gap between the application of the Criminal Code and the ITE Law; the judge adjudicated the case under conventional criminal law and disregarded the ITE Law on the dissemination of misleading information, even though electronic means are central to the modus operandi. This gap risks creating a jurisprudential vacuum and exacerbating evidentiary challenges, which are often hindered by the volatility of digital evidence and the anonymity of perpetrators’ identities. This study underscores the need for the integrated application of the Criminal Code and the ITE Law, coupled with strengthened digital forensic capabilities among law enforcement, to ensure legal certainty and comprehensive protection for victims.
Copyright (c) 2026 Nurloise Viano, Yuli Yuliana http://creativecommons.org/licenses/by/4.0
The Ecological Epistemology of Leuit in Sundanese Indigenous Communities: Local Wisdom in Environmental Law
The global ecological crisis requires environmental law that is not only technocratic but also contextual and participatory. This study reconstructs the Leuit ecological epistemology of the Sundanese indigenous community as a foundation for integrating local wisdom into Indonesian environmental law. In this study, which used a qualitative, critical ethnographic approach, data were collected through participatory observation, in-depth interviews, and legal–customary document analysis. Findings show that Leuit functions not merely as food storage but also as an ecological knowledge system that regulates spiritual, social, and environmental relations. Values such as murah-mawur, rewang, and customary prohibitions form a living legal system shaped by ritual and social consensus. As traditional leaders stated, "If the forest is destroyed, Leuit will be empty," while a full Leuit symbolizes preserved nature. The reconstruction highlights the integration of indigenous principles, empowerment of customary institutions, and ecologically grounded sanctions, proposing decolonization of environmental law to recognize local knowledge within national legal pluralism.
Copyright (c) 2026 Armansyah Armansyah, Ujang Badru Jaman http://creativecommons.org/licenses/by/4.0
From Protection to Justification: Distorting Maqāṣid al-Sharīʿah in Child Marriage
This article investigates the distortion of maqāṣid al-sharīʿah within the practice of child marriage in Indonesia, where a normative framework intended to safeguard protection is increasingly reinterpreted as a mechanism for social legitimation. This research seeks to critically examine the selective deployment of maqāṣid al-sharīʿah in judicial decisions on marriage dispensation and to uncover internal tensions among the objectives of Islamic law concerning child welfare protection. We employ a normative legal research design using conceptual and case-based approaches drawing upon statutory regulations, court rulings, and both classical and contemporary maqāṣid literature. The findings reveal that judicial reasoning in dispensation cases tends to overemphasize the protection of honor (ḥifẓ al-‘ird) while marginalizing essential safeguards such as life (ḥifẓ al-nafs) and intellect (ḥifẓ al-‘aql). This pattern produces a pseudo-maqāṣid phenomenon and reflects underlying power relations in legal construction shaped by prevailing social pressures. This study concludes that a methodological reconstruction is required for the application of maqāṣid through a hierarchical and contextual framework that prioritizes child protection, ensuring that Islamic law operates as an instrument of substantive justice rather than mere normative legitimacy within the Indonesian judicial practice.
Copyright (c) 2026 Sri Nanang Meiske Kamba, Mutia Cherawaty Thalib, Waode Mustika, Moh. Taufiq Zulfikar Sarson http://creativecommons.org/licenses/by/4.0
Juvenile Criminal Handling in Indonesia: A Review Through Gustav Radbruch’s Legal Purpose Theory
This study examines the imbalance in the application of justice, legal certainty, and legal expediency in handling juvenile criminal cases in Indonesia. The problem addressed concerns the extent to which regulations and practices in juvenile criminal justice reflect Gustav Radbruch's Legal Purpose Theory. This research aims to analyze the conformity between legal norms and their implementation with the values of justice, legal certainty, and expediency. The study employs a normative legal research method, drawing on statutory and conceptual approaches. Primary legal materials include laws and regulations governing juvenile criminal justice. In contrast, secondary legal materials include books, journal articles, and Supreme Court Annual Reports 2021–2025, particularly statistical data on juvenile criminal cases and diversion practices in Indonesian district courts. The findings demonstrate that, normatively, Indonesia's juvenile justice system has adopted restorative justice through diversion mechanisms, reflecting the values of justice and expediency. However, in practice, there remains an imbalance in implementation, particularly regarding legal certainty and the protection of victims' interests. Statistical data also reveal fluctuations in diversion success rates, suggesting inconsistent implementation across law enforcement institutions. In several cases, the dominance of expediency risks undermining substantive justice. Therefore, strengthening the implementation of juvenile criminal justice is necessary by prioritizing justice while maintaining a proportional balance with legal certainty and expediency.
Copyright (c) 2026 Alief Abdul Haris, Siti Afiyah, Moh. Hudi, Ahmad Munir http://creativecommons.org/licenses/by/4.0
Communal Land Protection in Betung Kuning: Toward a Tripartite Legal Harmonization
The protection of communal land remains a critical issue in Indonesia due to the gap between customary recognition and formal legal certainty. This study examines communal land governance through the Regulation of the Minister of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) No. 14 of 2024 from the perspective of Islamic family law. Using an empirical qualitative approach, data were collected through interviews, observation, and document analysis in Betung Kuning Village. The findings reveal that communal land is socially recognized under customary law but largely unregistered, leading to boundary disputes, inheritance conflicts, weak legal standing, and limited economic utilization. From the perspective of Islamic family law, land registration is essential to ensure clarity of inheritance assets, protect heirs’ rights, and promote distributive justice in line with the principle of ḥifẓ al-māl. Although the regulation represents a progressive legal framework, its implementation faces challenges, including legal fragmentation, low legal literacy, limited historical documentation, financial constraints, and cultural resistance. This study proposes a tripartite harmonization model integrating customary law, Islamic law, and national law to support inclusive and sustainable communal land governance.
Copyright (c) 2026 Naufal Asyirof; Widiya Yul, Rasmita Rasmita http://creativecommons.org/licenses/by/4.0
Debt Collector Ethics in Comparative Perspective Toward Balancing Creditor Interests and Consumer Protection
Debt collection practices by third-party collectors generate persistent tension between the contractual rights of financing institutions and the legally protected entitlements of consumers. This study examines how debt collection ethics can be structured to simultaneously serve creditor interests and safeguard consumer rights, employing a normative juridical methodology with comparative and case-based approaches across four jurisdictions: Indonesia, the United States, the United Kingdom, and Australia. Analysis of the Kotamobagu District Court Decision Number 97/Pdt.G.S/2022/PN Ktg reveals that violations of collection ethics impose direct legal liability on financing institutions. The comparative analysis demonstrates that Indonesia's regulatory framework remains fragmented and lacks enforcement coherence, in contrast to the dedicated federal statute of the United States, the United Kingdom's mandatory licensing regime, and Australia's substantial financial penalties. This study concludes that equilibrium between creditor and debtor interests is achievable only through five core ethical principles: transparent communication, proportionality of enforcement, strict adherence to fiduciary execution procedures, respect for fundamental consumer rights, and full institutional accountability for collector conduct. These findings underscore the urgency of enacting a comprehensive, standalone regulatory instrument governing debt collection in Indonesia.
Copyright (c) 2026 Raihan Ramadhan Hayatuddin, Citraresmi Widoretno Putri http://creativecommons.org/licenses/by/4.0
Confidentiality of Doctors Handling Patients in Hazardous Communicable Disease Programs, Jambi City
This study examines the implementation of doctors' professional confidentiality in the care of patients with hazardous communicable diseases at Community Health Centers in Jambi City. It focuses on the legal and ethical tension between mandatory disease reporting and patient privacy. The research employs a non-doctrinal legal research design with a qualitative approach. Data were collected through in-depth interviews with doctors and infectious disease officers, field observations, and analysis of relevant health laws, regulations, and professional codes of ethics. Participants were selected using purposive sampling. The findings show that confidentiality is generally maintained in accordance with health legislation and medical ethical standards through restricted access to patient information, separation of sensitive data, and controlled use of electronic medical records. However, three major challenges were identified: pressure to disclose patient identities, patient reluctance to cooperate due to stigma and fear of discrimination, and vulnerabilities in digital data management systems. These conditions place doctors in a dilemma between maintaining confidentiality and fulfilling public health reporting obligations. The study concludes that effective protection of medical confidentiality requires ethical commitment, clear operational procedures, and stronger data security measures to protect patient rights while supporting communicable disease control.
Copyright (c) 2026 Ratna Sugiati, Imam Ropii, Carolina Kuntardjo http://creativecommons.org/licenses/by/4.0
Legal Protection for Soccer Supporters in Riots at Gelora Joko Samudro Stadium in Gresik
The research discussed the legal protection for supporters who became victims at Gelora Joko Ocean Stadium by treating supporters as legal subjects in sports activities. This research aims to analyze the legal protections provided by legislation, the responsibilities of officials, the safety of supporters, including matches and clubs, and the obstacles to their implementation. The method used is a jurisdictional research approach, drawing on legislation, cases, empirical studies, and conceptual work. Data were obtained through interviews, field observations, and documentation of legislation and related legal documents. Research results indicate that legal protection for supporters is provided in the Act and the Book of Criminal Law, but implementation remains suboptimal. Weak law enforcement, lack of coordination between parties, lack of law, officials, and clubs in running responsibility, and the club in running responsibility for supporters. This research concluded that the legal protection for supporters is still adequate, although Law Number 11 years has given support and participation to the coordination and participation in the coordination.
Copyright (c) 2026 Qalbi Alif Syah Putra, Deni Setiyawan http://creativecommons.org/licenses/by/4.0
Reconstructing State Financial Audit Authority Post-Constitutional Court Decision No. 28/PUU-XXIV/2026
Indonesia's constitutional framework assigns the Financial Audit Agency (BPK) an exclusive audit mandate under Article 23E (1) of the 1945 Constitution. However, persistent institutional dualism has allowed bodies such as BPKP and APIP to calculate state financial losses in corruption proceedings, thereby generating fundamental legal uncertainty. The normative ambiguity of Articles 603 and 604 of Law Number 1 of 2023 on the Criminal Code, which fail to designate the authorized institution or measurement standard for state losses. This study examines how audit authority may be defined in terms of normative criteria and the implications of Constitutional Court Decision Number 28/PUU-XXIV/2026 for Indonesia's state financial accountability system. A normative legal method is employed, combining statutory, conceptual, and case approaches with systematic, teleological, and historical interpretation. The study finds that the audit authority is of an attributive-constitutional character, grounded exclusively in Article 23E. The decision institutionally repositions BPKP and APIP as internal oversight bodies, procedurally obligates law enforcement to rely on BPK findings, and constitutionally reinforces legal certainty under Article 28D paragraph (1). This study contributes to the concept of constitutionalization of audit authority as a framework for understanding how independent oversight institutions are embedded within and protected by the constitutional order.
Copyright (c) 2026 Aslan Noor, Dea Eka Rizaldi, Yusup Suprianto, Andri Irawan, Choirul Adeffian http://creativecommons.org/licenses/by/4.0
Consumer Protection Through Information Transparency in Indonesia’s Property Technology System
The real estate sector plays a strategic role in Indonesia's economic development, particularly amid the rapid growth of apartment construction. However, this expansion has raised legal issues, particularly regarding the lack of transparency regarding the ownership status and legal validity of the apartment units offered to consumers. This study analyzes the role of Property Technology (PropTech) in ensuring legal certainty and consumer protection within the framework of Law Number 20 of 2011 on Apartment Buildings, Law Number 8 of 1999 on Consumer Protection, and other relevant regulations. The research employs a normative legal method, drawing on statutory, conceptual, and case-based approaches. The analysis is based on primary, secondary, and tertiary legal materials, including legislation, legal doctrines, court decisions, and relevant literature. Unlike existing studies that emphasize the technological and economic dimensions of PropTech, this research investigates its legal implications and capacity to strengthen transparency, legal certainty, and consumer protection in apartment ownership transactions, as data and information provided by developers are digitally documented and may serve as evidence in dispute resolution. In conclusion, PropTech has significant potential to function as a digital instrument that promotes transparency, strengthens legal certainty, and enhances legal protection for apartment consumers in Indonesia.
Copyright (c) 2026 Maharani Husnul Khotimah Yusri Dewi, Muthia Sakti http://creativecommons.org/licenses/by/4.0
Reassessing the Export Proceeds Retention Policy and Its Impact on Corporate Liquidity: Evidence from Indonesia’s Coal Sector
This study addresses the microeconomic vulnerabilities of capital-intensive sectors subjected to macro-monetary state interventions. While prior research predominantly evaluates natural resource export proceeds (Devisa Hasil Ekspor Sumber Daya Alam / DHE SDA) through a macro-monetary lens, a critical analytical gap persists regarding the impact of aggressive foreign-exchange retentions on corporate financial viability. Employing a convergent parallel mixed doctrinal-normative and empirical single-case study of the Indonesian coal mining sector under Peraturan Pemerintah Nomor 8 Tahun 2025, this paper examines compounding regulatory burdens and systemic legal antinomies. Normative findings reveal a severe validity flaw, as the 100% retention mandate violates the statutory foreign exchange freedoms guaranteed under Undang-Undang Nomor 24 Tahun 1999. Empirically, simulations demonstrate that freezing export proceeds for 12 months creates chronic cash flow mismatches, forcing corporations into high-cost commercial refinancing that erodes net profit margins by 9% to 27% and causes severe market asymmetries favoring large-scale conglomerates over vulnerable mid- to low-tier enterprises. Theoretically, this study bridges the economic law and corporate governance literature by conceptualizing a unique "compounding regulatory burden" framework. In practice, it offers actionable policy reforms for adaptive, conditional, and downstream-linked foreign exchange models to preserve private-sector survival without compromising sovereign monetary defense.
Copyright (c) 2026 Raymond Erlangga Siringoringo, Diani Sadiawati http://creativecommons.org/licenses/by/4.0
Criminal Tax Law Strategy Regarding Fictitious Tax Invoices for Business Sustainability
This study aims to examine criminal tax law provisions in Indonesia relating to the issuance of fictitious tax invoices, as well as to analyze criminal law enforcement strategies applicable to cases of fictitious tax invoices at PT PP. A fictitious tax invoice is an invoice issued without any actual transaction to reduce tax liabilities. This research is a normative study using a case and statistical approaches. The results show that the Indonesian taxation system, such as VAT, adopts a self-assessment system that is exploited for fraud, including fictitious tax invoices, as happened to PT PP. As a result, the DGT issued a warning, deactivated access to tax invoice creation, and is potentially subject to administrative sanctions in the form of a 100% increase in unpaid VAT in accordance with Article 15 paragraph (2) of the KUP Law. In addition to administrative sanctions, the issuance and/or use of fictitious tax invoices based on Article 39A of the KUP Law is punishable by a maximum imprisonment of 6 years and a maximum fine of 6 times the amount of tax in the tax invoice.
Copyright (c) 2026 Nathan Thomas, Nourma Dewi, Firstnandiar Glica Aini Suniaprily http://creativecommons.org/licenses/by/4.0