AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam
type: channel
description: 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
publisher: Fakultas Syariah INSURI Ponorogo
language: en-US
publication name: AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam
issn: 2686-1607
copyright: Copyright: An author who publishes in Al-Manhaj agrees to the following terms: Author retains the copyright and grants the journal the right of first publication of the work simultaneously licensed under a Creative Commons Attribution 4.0 International License that allows others to share the work with an acknowledgment of the work's authorship and initial publication in this journal. Author is able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book) with the acknowledgment of its initial publication in this journal. Author is permitted and encouraged to post his/her work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of the published work (See The Effect of Open Access). License: Attribution — You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. No additional restrictions — You may not apply legal terms or technological measures that legally restrict others from doing anything the license permits. You are free to: Share — copy and redistribute the material in any medium or format Adapt — remix, transform, and build upon the material for any purpose, even commercially. This work is licensed under a Creative Commons Attribution 4.0 International License.
items: Al-Qur’an Mastery Policy at IAIN Ponorogo: A Structural-Functional Analysis
items: Presidential Elections Without a Threshold in Indonesia: Strengthening Citizens’ Political Rights After the 2025 Constitutional Court Decision
items: Reaffirmation of State Control Over Land: Analysis of Legal Certainty After Constitutional Court Decision No. 185/PUU-XXII/2024
items: Civil Forfeiture as a Legal Mechanism for Recovery of State Losses in Corruption Cases in Indonesia
items: Diversion Reform in Juvenile Criminal Law Based on Prophetic Restorative Justice
items: Criminological Aspects Of The Crime Of Murder Committed By A Child Against Biological Parents
items: Effectiveness Of Criminal Enforcement Against Kreak In Juvenile Justice System Semarang Regency
items: Legal Analysis of Female Circumcision in The Context of Legal Pluralism in Indonesia
items: Social Institutions and State Policy in Indonesia’s Interfaith Marriage Regulation
items: Differentiation Treatment Of KBIHU According To The Law On Hajj And Umrah Management
items: Implications of Uncertainty in the Status of Palilah Griya Pasiten Letter Holders in the Baluwarti Area
items: Legal Education and Financial Literacy of Student PayLater Users: A Normative Juridical Review
items: Umrah Law Implementation: Performance Analysis of Al-Fazza Tour & Travel Agency Semarang
items: Audio-Visual Recording Of Civil Trials As A Means To Enhance Judicial Accountability And Transparency
items: Protection of Victims of Digital Sexual Violence: A Comparative Study of Indonesia and South Korea
items: Customary Law Perspectives on Preserving Baduy Ulayat Land: A Socio-Legal Study of Sustainability
items: Legislative Oversight Mechanisms under the DPR Rules of Procedure: Implications for Checks and Balances in Indonesia
items: Legal Certainty and Evidentiary Strength of Digital Signatures in Electronic Contracts under Indonesian Law
items: Analysis of the Public Prosecutor's legal considerations in the criminal prosecution of child sexual intercourse by educators
items: The Phenomenon of Marriage Contract Repetition After Nikah Siri To Prevent Fitnah
items: Legal Protection For Children Who Are Victims of Sexual Violence So That Causes Mental Illness Disorders
items: Democratizing Local Legislation Through Public Participation: A Critical Analysis of Regulations in Central Sulawesi
items: Problematics of Delegated Authority in Small-Scale Gold Mining Permit Issuance and Licensing Delays
items: The Fiduciary Guarantee Revolution: Optimizing Trademark Rights to Accelerate Banking Financing in Indonesia
items: Criminal Liability for Triangle-Scheme Fraud in Motorcycle Buying and Selling (Study of Surabaya District Court Decision)
items: The Ecological Epistemology of Leuit in Sundanese Indigenous Communities: Local Wisdom in Environmental Law

Al-Qur’an Mastery Policy at IAIN Ponorogo: A Structural-Functional Analysis
type: item
description: 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.
creator: Irma Rumtianing
creator: Umar Faruq Thohir
rights: Copyright (c) 2026 Irma Rumtianing, Umar Faruq Thohir http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-18
publication date: 2026-01-18
volume: 8
number: 1
starting page: 1
ending page: 12
doi: 10.37680/almanhaj.v8i1.8931

Presidential Elections Without a Threshold in Indonesia: Strengthening Citizens’ Political Rights After the 2025 Constitutional Court Decision
type: item
description: 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.
creator: Imam Ropii
creator: Agus Pramono
creator: Carolina Kuntardjo
creator: Ariska Cesar Divian Candra Kusuma
rights: Copyright (c) 2026 Imam Ropii, Agus Pramono, Carolina Kuntardjo, Ariska Cesar Divian Candra Kusuma http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-20
publication date: 2026-01-20
volume: 8
number: 1
starting page: 13
ending page: 26
doi: 10.37680/almanhaj.v8i1.8749

Reaffirmation of State Control Over Land: Analysis of Legal Certainty After Constitutional Court Decision No. 185/PUU-XXII/2024
type: item
description: 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.
creator: Suyanto Suyanto
rights: Copyright (c) 2026 Suyanto Suyanto http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-20
publication date: 2026-01-20
volume: 8
number: 1
starting page: 27
ending page: 40
doi: 10.37680/almanhaj.v8i1.8802

Civil Forfeiture as a Legal Mechanism for Recovery of State Losses in Corruption Cases in Indonesia
type: item
description: 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.
creator: Faissal Malik
creator: Amriyanto
creator: Tri Syafari
rights: Copyright (c) 2026 Faissal Malik, Amriyanto, Tri Syafari http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-20
publication date: 2026-01-20
volume: 8
number: 1
starting page: 41
ending page: 58
doi: 10.37680/almanhaj.v8i1.8876

Diversion Reform in Juvenile Criminal Law Based on Prophetic Restorative Justice
type: item
description: 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.
creator: Deni Setiyawan
creator: Ananda Afit Oktavian
creator: Naufal Andra Maghara Yoga Tama Putra
creator: Muhammad Azimuddin Mohamed
rights: Copyright (c) 2026 Deni Setiyawan, Ananda Afit Oktavian, Naufal Andra Maghara Yoga Tama Putra, Muhammad Azimuddin Mohamed http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-01-20
publication date: 2026-01-20
volume: 8
number: 1
starting page: 59
ending page: 74
doi: 10.37680/almanhaj.v8i1.8865

Criminological Aspects Of The Crime Of Murder Committed By A Child Against Biological Parents
type: item
description: 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.
creator: Ferry Fridolind Hutasoit
creator: Sri Sulistyawati
creator: Kartina Pakpahan
rights: Copyright (c) 2026 Ferry Fridolind Hutasoit, Sri Sulistyawati, Kartina Pakpahan http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-02-13
publication date: 2026-02-13
volume: 8
number: 1
starting page: 75
ending page: 88
doi: 10.37680/almanhaj.v8i1.8922

Effectiveness Of Criminal Enforcement Against Kreak In Juvenile Justice System Semarang Regency
type: item
description: 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.
creator: Laras Winarsih
creator: Lailasari Ekaningsih
creator: Idul Hanzah Alid
creator: Wafda Vivid Izziyana
rights: Copyright (c) 2026 Laras Winarsih, Lailasari Ekaningsih, Idul Hanzah Alid, Wafda Vivid Izziyana http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-02-17
publication date: 2026-02-17
volume: 8
number: 1
starting page: 89
ending page: 104
doi: 10.37680/almanhaj.v8i1.8143

Legal Analysis of Female Circumcision in The Context of Legal Pluralism in Indonesia
type: item
description: 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.
creator: Debby Hasmita
creator: Imam Ropii
creator: Marsudi Dedi Putra
rights: Copyright (c) 2026 Debby Hasmita, Imam Ropii, Marsudi Dedi Putra http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-02-17
publication date: 2026-02-17
volume: 8
number: 1
starting page: 105
ending page: 114
doi: 10.37680/almanhaj.v8i1.8550

Social Institutions and State Policy in Indonesia’s Interfaith Marriage Regulation
type: item
description: 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.
creator: Marhalisa Eka Resty
creator: Mustiqowati Ummul Fithriyyah
rights: Copyright (c) 2026 Marhalisa Eka Resty, Mustiqowati Ummul Fithriyyah http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-05
publication date: 2026-03-05
volume: 8
number: 1
starting page: 115
ending page: 134
doi: 10.37680/almanhaj.v8i1.8641

Differentiation Treatment Of KBIHU According To The Law On Hajj And Umrah Management
type: item
description: 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.
creator: Agil Syarifatul Mashohih
creator: Abdul Rozaq
rights: Copyright (c) 2026 Agil Syarifatul Mashohih, Abdul Rozaq http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-16
publication date: 2026-03-16
volume: 8
number: 1
starting page: 135
ending page: 148
doi: 10.37680/almanhaj.v8i1.8871

Implications of Uncertainty in the Status of Palilah Griya Pasiten Letter Holders in the Baluwarti Area
type: item
description: 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.
creator: Pramandini Amara Dipta
creator: Mohammad Jamin
creator: Fatma Ulfatun Najicha
rights: Copyright (c) 2026 Pramandini Amara Dipta, Mohammad Jamin, Fatma Ulfatun Najicha http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-03-16
publication date: 2026-03-16
volume: 8
number: 1
starting page: 149
ending page: 162
doi: 10.37680/almanhaj.v8i1.8899

Legal Education and Financial Literacy of Student PayLater Users: A Normative Juridical Review
type: item
description: 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.
creator: Taffy Faiq Syahmi
creator: Wahyu Prawesthi
creator: M. Syahrul Borman
rights: Copyright (c) 2026 Taffy Faiq Syahmi, Wahyu Prawesthi, M. Syahrul Borman http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-03
publication date: 2026-04-03
volume: 8
number: 1
starting page: 167
ending page: 174
doi: 10.37680/almanhaj.v8i1.8576

Umrah Law Implementation: Performance Analysis of Al-Fazza Tour & Travel Agency Semarang
type: item
description: 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.
creator: Jiyadu Naufal
creator: Abdul Rozaq
rights: Copyright (c) 2026 Jiyadu Naufal, Abdul Rozaq http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-03
publication date: 2026-04-03
volume: 8
number: 1
starting page: 175
ending page: 190
doi: 10.37680/almanhaj.v8i1.8878

Audio-Visual Recording Of Civil Trials As A Means To Enhance Judicial Accountability And Transparency
type: item
description: 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.
creator: Angga Prihatin
creator: Alhadiansyah
creator: Marnita
rights: Copyright (c) 2026 Angga Prihatin, Alhadiansyah, Marnita http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-03
publication date: 2026-04-03
volume: 8
number: 1
starting page: 191
ending page: 206
doi: 10.37680/almanhaj.v8i1.8988

Protection of Victims of Digital Sexual Violence: A Comparative Study of Indonesia and South Korea
type: item
description: 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.
creator: Mutiara Aprilia Putri Sela
creator: Winda Fitri
creator: Rufinus Hotmaulana Hutauruk
rights: Copyright (c) 2026 Mutiara Aprilia Putri Sela, Winda Fitri, Rufinus Hotmaulana Hutauruk http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-03
publication date: 2026-04-03
volume: 8
number: 1
starting page: 207
ending page: 224
doi: 10.37680/almanhaj.v8i1.9012

Customary Law Perspectives on Preserving Baduy Ulayat Land: A Socio-Legal Study of Sustainability
type: item
description: 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.
creator: Fathullah
creator: Robby Nurtresna
creator: Muhamad Wahyudin
creator: Mabsuti
creator: Saifun Nufus
rights: Copyright (c) 2026 Fathullah, Robby Nurtresna, Muhamad Wahyudin, Mabsuti, Saifun Nufus http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-27
publication date: 2026-04-27
volume: 8
number: 1
starting page: 225
ending page: 242
doi: 10.37680/almanhaj.v8i1.9289

Legislative Oversight Mechanisms under the DPR Rules of Procedure: Implications for Checks and Balances in Indonesia
type: item
description: 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.
creator: Mochamad Haikal Badjeber
creator: Syamsul Hadi
rights: Copyright (c) 2026 Mochamad Haikal Badjeber, Syamsul Hadi http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-29
publication date: 2026-04-29
volume: 8
number: 1
starting page: 243
ending page: 258
doi: 10.37680/almanhaj.v8i1.9407

Legal Certainty and Evidentiary Strength of Digital Signatures in Electronic Contracts under Indonesian Law
type: item
description: 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.
creator: Taffy Faiq Syahmi
creator: Agus Wardhono
creator: M. Syahrul Borman
creator: Wahyu Prawesthi
rights: Copyright (c) 2026 Taffy Faiq Syahmi, Agus Wardhono, M. Syahrul Borman, Wahyu Prawesthi http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-05-07
publication date: 2026-05-07
volume: 8
number: 1
starting page: 259
ending page: 274
doi: 10.37680/almanhaj.v8i1.8904

Analysis of the Public Prosecutor's legal considerations in the criminal prosecution of child sexual intercourse by educators
type: item
description: 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.
creator: Aziz Tri Afriko
creator: Sinung Mufti Hangabei
creator: Riri Tri Mayasari
creator: J.T. Pareke
rights: Copyright (c) 2026 Aziz Tri Afriko, Sinung Mufti Hangabei, Riri Tri Mayasari, J.T. Pareke http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-04-30
publication date: 2026-04-30
volume: 8
number: 1
starting page: 275
ending page: 288
doi: 10.37680/almanhaj.v8i1.9383

The Phenomenon of Marriage Contract Repetition After Nikah Siri To Prevent Fitnah
type: item
description: 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.
creator: Putri Jasmine Al Zhahra
creator: Yusdi Haq
rights: Copyright (c) 2026 Jasmine Al Zhahra, Yusdi Haq http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-05-13
publication date: 2026-05-13
volume: 8
number: 1
starting page: 289
ending page: 304
doi: 10.37680/almanhaj.v8i1.9194

Legal Protection For Children Who Are Victims of Sexual Violence So That Causes Mental Illness Disorders
type: item
description: 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.
creator: Berliana Maya Agustina Manullang
creator: Kartina Pakpahan
creator: Immanuel Simanjuntak
rights: Copyright (c) 2026 Berliana Maya Agustina Manullang, Kartina Pakpahan, Immanuel Simanjuntak http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-05-13
publication date: 2026-05-13
volume: 8
number: 1
starting page: 305
ending page: 316
doi: 10.37680/almanhaj.v8i1.9426

Democratizing Local Legislation Through Public Participation: A Critical Analysis of Regulations in Central Sulawesi
type: item
description: 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.
creator: Mohamad Safrin
creator: Andi Reza Alief
creator: Irzha Friskanov S
rights: Copyright (c) 2026 Mohamad Safrin, Andi Reza Alief, Irzha Friskanov S http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-05-19
publication date: 2026-05-19
volume: 8
number: 1
starting page: 317
ending page: 332
doi: 10.37680/almanhaj.v8i1.9320

Problematics of Delegated Authority in Small-Scale Gold Mining Permit Issuance and Licensing Delays
type: item
description: 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.
creator: Chairul A. M Tulie
creator: Fenty U. Puluhulawa
creator: Zamroni Abdussamad
rights: Copyright (c) 2026 Chairul A. M Tulie, Fenty U. Puluhulawa, Zamroni Abdussamad http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-06-02
publication date: 2026-06-02
volume: 8
number: 1
starting page: 333
ending page: 348
doi: 10.37680/almanhaj.v8i1.9221

The Fiduciary Guarantee Revolution: Optimizing Trademark Rights to Accelerate Banking Financing in Indonesia
type: item
description: 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.
creator: Moh. Fadlan Wahidji
creator: Nur Mohamad Kasim
creator: Weny Almoravid Dungga
rights: Copyright (c) 2026 Moh. Fadlan Wahidji, Nur Mohamad Kasim, Weny Almoravid Dungga http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-06-02
publication date: 2026-06-02
volume: 8
number: 1
starting page: 349
ending page: 364
doi: 10.37680/almanhaj.v8i1.9220

Criminal Liability for Triangle-Scheme Fraud in Motorcycle Buying and Selling (Study of Surabaya District Court Decision)
type: item
description: 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.
creator: Nurloise Viano
creator: Yuli Yuliana
rights: Copyright (c) 2026 Nurloise Viano, Yuli Yuliana http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-06-02
publication date: 2026-06-02
volume: 8
number: 1
starting page: 365
ending page: 380
doi: 10.37680/almanhaj.v8i1.9538

The Ecological Epistemology of Leuit in Sundanese Indigenous Communities: Local Wisdom in Environmental Law
type: item
description: 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.
creator: Armansyah Armansyah
creator: Ujang Badru Jaman
rights: Copyright (c) 2026 Armansyah Armansyah, Ujang Badru Jaman http://creativecommons.org/licenses/by/4.0
license: http://creativecommons.org/licenses/by/4.0
date: 2026-05-26
publication date: 2026-05-26
volume: 8
number: 1
starting page: 381
ending page: 394
doi: 10.37680/almanhaj.v8i1.9164