Journal of International Islamic Law, Human Right and Public Policy
type: channel
description: Journal of International Islamic Law, Human Right and Public Policy welcomes interdisciplinary and comparative approaches, publishing articles four times a year (March, June, September, and December) across the following core areas: International & Islamic Law: Contemporary Islamic jurisprudence (fiqh), Islamic public and private law, Sharia economic law, criminal law (jinayah), and the integration of Islamic law within national legal frameworks. Human Rights: Legal protections for vulnerable groups (women, children, and laborers), human rights advocacy, social justice, and international human rights law applications. Public Policy & Governance: Public administration, policy analysis, regulatory frameworks, good governance, and the socio-legal impact of local or national government policies. Positive & Customary Law: Civil and criminal law, constitutional law, criminology, and the practice of customary law (hukum adat) in modern society.
publisher: PT. Radja Intercontinental Publishing
language: en-US
publication name: Journal of International Islamic Law, Human Right and Public Policy
issn: 3031-2280
items: DYNAMICS OF FORESTRY REGULATIONS IN THE ERA OF DECENTRALIZATION: CHALLENGES OF HARMONIZATION BETWEEN CENTRAL AND REGIONAL GOVERNMENTS
items: A MODEL FOR THE FUNCTIONAL HARMONIZATION OF MARKETPLACE RESPONSIBILITIES IN DIGITAL CONSUMER PROTECTION FOLLOWING THE 2024 AMENDMENTS TO THE ITE LAW
items: THE STATUS OF THE STATE IN INTERNATIONAL AGREEMENTS IN THE ERA OF GLOBALIZATION: A PRIVATE INTERNATIONAL LAW PERSPECTIVE
items: REFORMULATION OF TAX AND CYBER LAW: TOWARDS INTELLECTUAL PROPERTY-FRIENDLY DIGITAL TRANSACTION OVERSIGHT
items: A JURIDICAL REVIEW OF THE ESTABLISHMENT OF SIGNIFICANT ECONOMIC PRESENCE AS A SUBSTITUTE FOR THE TRADITIONAL PERMANENT ESTABLISHMENT (PE) IN THE COLLECTION OF INCOME TAX FROM FOREIGN DIGITAL COMPANIES
items: LEGAL PROTECTION OF AI-ASSISTED SCIENTIFIC WORK ORIGINALITY IN THE DIGITAL SOCIETY
items: CRIMINALIZATION AND CRIMINAL LAW ENFORCEMENT OF CROSS-BORDER NARCOTICS TRAFFICKING AS MARITIME TRANSNATIONAL ORGANIZED CRIME IN THE WATERS OF THE RIAU ISLANDS
items: INTEGRATION OF REFUGEE PROTECTION PRINCIPLES IN THE ENFORCEMENT OF CRIMINAL LAW ON HUMAN SMUGGLING IN INDONESIA: A STUDY OF THE ROHINGYA ETHNIC SMUGGLING CASE
items: LAW ENFORCEMENT AGAINST TAX AVOIDANCE BY TAXPAYERS THROUGH INFLATING BUSINESS EXPENSES IN TAX RETURNS UNDER THE CORETAX SYSTEM
items: RECOGNITION OF COMMUNAL LAND RIGHTS IN SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PROTECTION
items: https://jishup.org/index.php/ojs/article/view/326
items: CONSTITUTIONAL PROTECTION OF FREEDOM OF EXPRESSION IN THE DIGITAL SPACE IN CRITICISM OF THE IMPLEMENTATION OF THE CORETAX SYSTEM
items: LAW ENFORCEMENT AGAINST SELLERS OF NON-CUSTOM GOODS (THRIFT CLOTHES) IN PALANGKA RAYA CITY
items: ANALYSIS ON THE IMPLEMENTATION OF POLICY FOR THE NON-JUDICIAL SETTLEMENT OF PAST GROSS VIOLATIONS OF HUMAN RIGHTS IN INDONESIA
items: The Urgency of Reforming Intellectual Property Law Regulations in Responding to the Development of Artificial Intelligence Technology
items: A CRIMINAL LAW REVIEW OF CYBERBULLYING AS A FORM OF DIGITAL CRIME
items: CORRUPTION AS AN EXTRAORDINARY CRIME: EVALUATING THE RULE OF LAW, DEMOCRACY AND HUMAN RIGHTS
items: CHILD GROOMING CRIMINAL REGULATIONS IN THE NATIONAL CRIMINAL CODE
items: Housing Security and Land Ownership under Pradhan Mantri Awaas Yojana–Gramin (PMAY-G): Assessing Rural Development Outcomes in Tamil Nadu
items: A CONSTITUTIONAL-ETHICAL STUDY OF THE INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 62/PUU-XXII/2024 ON THE CONSTITUTIONALITY REVIEW OF THE PRESIDENTIAL THRESHOLD
items: An Analysis of Legal Fairness in the Protection of Dividend Rights for Minority Shareholders in Limited Liability Companies
items: CRIMINAL LIABILITY FOR ARTIFICIAL INTELLIGENCE-BASED CRIMES UNDER CRIMINAL LAW IN INDONESIA
items: ANALYSIS OF JUDGES' RATIO DECIDENDI IN ONLINE GAMBLING CRIMINAL DECISIONS USING CRIMINAL CODE PROVISIONS
items: LEGAL LIABILITY OF INFLUENCERS FOR MISLEADING PRODUCT INFORMATION IN DIGITAL CONSUMER PROTECTION IN ELECTRONIC TRANSACTIONS
items: IMPLEMENTATION OF THE POLICY PROHIBITING THE KILLING OF ESTUARY CROCODILES IN RANTAU GEDANG AND TELUK RUMBIA VILLAGES, SINGKIL DISTRICT, ACEH SINGKIL REGENCY
items: CONSTITUTIONAL INTERPRETATION: THE CONSTITUTIONAL COURT'S PARADIGM SHIFT IN THE JUDICIAL REVIEW OF PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDACY THRESHOLD NORMS IN INDONESIA
items: LEGAL PLURALISM AND THE RECOGNITION OF INDIGENOUS LAND RIGHTS: A COMPARATIVE STUDY OF INDONESIA, THE PHILIPPINES, AND CANADA
items: XBREACH OF CONSIGNMENT AGREEMENT BETWEEN ADEE CAKE MANUFACTURER AND SMALL TRADERS (RESEARCH STUDY IN MEUREUDU DISTRICT, PIDIE JAYA REGENCY)
items: Code-Switching, Hybridity, and Identity: English in Multilingual Communities and the Negotiation of Belonging
items: MISUSE OF TAXPAYER DATA FOR PHISING SCAMS
items: LEGAL PROTECTION FOR PATIENTS IN THE IMPLEMENTATION OF HEALTH SERVICES AT CLINICS IN DUMAI CITY
items: REGULATORY SYNCHRONIZATION BETWEEN INDONESIA'S PERSONAL DATA PROTECTION LAW AND THE ELECTRONIC INFORMATION AND TRANSACTIONS LAW IN THE CORETAX SYSTEM
items: ISLAMIC RELIGIOUS EDUCATION AS A FOUNDATION FOR PROFESSIONAL ETHICS IN THE ENFORCEMENT OF ISLAMIC LAW
items: https://jishup.org/index.php/ojs/article/view/411
items: RECONSTRUCTING THE CONCEPT OF SUMMARY PROOF WITHIN THE LEGAL FRAMEWORK OF SMALL CLAIMS PROCEDURES
items: ENVIRONMENTAL SUPERVISION IN PALM OIL INDUSTRY WASTE MANAGEMENT IN PELALAWAN REGENCY
items: THE JUST REGULATION OF IMMATERIAL LOSSES IN SHARIA ECONOMIC DISPUTES: RECONSTRUCTION OF TA'WID BASED ON MAQASID AL-SYARI'AH
items: STRENGTHENING STUDENTS' LEARNING MOTIVATION AT MADRASAH IBTIDAIYAH THROUGH THE INTEGRATION OF TRADITIONAL GAMES AND DIGITAL LEARNING MEDIA IN THEMATIC LEARNING
items: PROTECTION OF THE RIGHTS OF SUSPECTS DURING THE DETENTION PROCESS BASED ON THE CRIMINAL PROCEDURE CODE
items: Public Policy Effectiveness of PMAY-G in Tamil Nadu: An Assessment of Rural Housing and Social Welfare
items: Social Status Of Women In Kashmir Valley
items: THE DYNAMICS OF IMPLEMENTING THE SMALLHOLDER OIL PALM REPLANTING PROGRAM IN WEST PASAMAN REGENCY
items: THE URGENCY OF ECONOMIC EMPOWERMENT IN REALIZING LEGAL PROTECTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE
items: A JURIDICAL ANALYSIS OF JUDGES' LEGAL CONSIDERATIONS IN DECISION NUMBER 1/PID.B/2026/PN SKT FROM THE PERSPECTIVE OF CRIMINAL PROCEDURAL LAW PRINCIPLES
items: EXECUTORY POWER OF SETTLEMENT FOR FICTITIOUS CREDIT DISPUTES IN THE BANKING SECTOR THROUGH A MEDIATION APPROACH
items: Rural Housing and Social Mobility: A District Level Study of PMAY-G in Tamil Nadu
items: PROTECTION OF DIGITAL PRIVACY RIGHTS AS A HUMAN RIGHT AGAINST PERSONAL DATA MISUSE IN INDONESIA
items: SUPERVISION OF THE USE OF FOREIGN WORKERS (TKA) IN THE FRAMEWORK OF REALIZING TECHNOLOGY TRANSFER AND SKILL TRANSFER FOR INDONESIAN WORKERS (TKI)
items: E-KTP SERVICES AT THE POPULATION AND CIVIL REGISTRATION SERVICE OF SOUTH LABUHANBATU REGENCY

DYNAMICS OF FORESTRY REGULATIONS IN THE ERA OF DECENTRALIZATION: CHALLENGES OF HARMONIZATION BETWEEN CENTRAL AND REGIONAL GOVERNMENTS
type: item
description: orestry policy-making and implementation in Indonesia. Forestry regulations, which are intended to provide a strong legal foundation for sustainable forest governance, instead reveal a growing disconnect between centrally issued norms and their implementation at the local level. Overlapping authorities, regulatory disharmony, and unclear institutional roles between different levels of government have created persistent legal and administrative challenges, undermining effective forest management and environmental protection. This article examines these dynamics and highlights the need for harmonization between central and regional regulations. Using a normative juridical approach, the study analyzes constitutional provisions, statutory regulations, and legal doctrines governing the distribution of authority in the forestry sector. The findings affirm the urgency of restructuring legal authority and aligning sectoral norms with the principles of decentralization, legal certainty, good governance, and environmental sustainability. Strengthening regulatory coherence and clarifying institutional responsibilities are essential to improving the effectiveness of forestry governance and ensuring sustainable forest management in Indonesia.
creator: Moh. Arief Erawan
creator: Mohamad Rasyid Ridho
creator: Muslim A. Kasim
creator: Sarfan Tabo
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-11
publication date: 2026-07-11
volume: 4
number: 3
starting page: 1226
ending page: 1231
doi: 10.5281/zenodo.21350183

A MODEL FOR THE FUNCTIONAL HARMONIZATION OF MARKETPLACE RESPONSIBILITIES IN DIGITAL CONSUMER PROTECTION FOLLOWING THE 2024 AMENDMENTS TO THE ITE LAW
type: item
description: The development of electronic commerce has positioned marketplaces as central actors in Indonesia’s digital economy. Marketplaces no longer operate merely as passive intermediaries between sellers and consumers but also function as trade facilitators, Electronic System Providers, and Personal Data Controllers. Legal issues arise because marketplace liability remains dispersed across several regulatory regimes, including the Consumer Protection Law, the Electronic Information and Transactions Law, the Personal Data Protection Law, and implementing regulations on electronic system operation and electronic commerce. This study aims to analyze the legal liability of marketplaces, identify forms of regulatory disharmony, and formulate an ideal harmonization model for digital consumer protection. This research uses normative legal methods with statutory, conceptual, and comparative approaches. The findings show that disharmony in marketplace liability occurs in four main forms: disharmony in determining the liable legal subject, the basis of liability, the scope of responsibility, and dispute resolution mechanisms. This study proposes a Functional Harmonization Model of Marketplace Liability, which allocates responsibility based on the marketplace’s functions as a trade facilitator, Electronic System Provider, and Personal Data Controller. This model is expected to strengthen legal certainty and digital consumer protection in Indonesia.
creator: Oscar Prasetyo Adhi
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1570
ending page: 1576
doi: 10.5281/zenodo.21731138

THE STATUS OF THE STATE IN INTERNATIONAL AGREEMENTS IN THE ERA OF GLOBALIZATION: A PRIVATE INTERNATIONAL LAW PERSPECTIVE
type: item
description: Globalization has driven an increase in cross-border civil law relationships involving various legal subjects from different jurisdictions. This situation gives rise to various legal issues, such as conflicts of laws, the determination of applicable law, court jurisdiction, and the recognition and enforcement of foreign judgments. In this context, international treaties serve as vital legal instruments for harmonizing norms and providing legal certainty for international civil law relationships. As subjects of international law, states hold a strategic position in the formation, ratification, and implementation of international treaties within national legal systems. This study aims to analyze the position of the state regarding international treaties in the era of globalization from the perspective of Private International Law and to examine how states implement these treaties to regulate cross-border civil law relationships. The study employs a normative legal research method, using both the statute approach and the conceptual approach. Legal materials—comprising primary, secondary, and tertiary sources—were analyzed qualitatively using a descriptive-analytical method. The findings indicate that the state holds a fundamental position as a subject of international law, possessing the authority to form, ratify, and implement international treaties as an exercise of state sovereignty. From the perspective of Private International Law, the implementation of international treaties serves to harmonize national law with international norms, provide legal certainty for cross-border civil law relationships, and minimize potential conflicts of laws.
creator: Yulian Dwi Nurwanti
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1807
ending page: 1813
doi: 10.5281/zenodo.21731330

REFORMULATION OF TAX AND CYBER LAW: TOWARDS INTELLECTUAL PROPERTY-FRIENDLY DIGITAL TRANSACTION OVERSIGHT
type: item
description: This study analyzes the legal tension between data extraction authority within digital tax oversight in Indonesia and taxpayers' rights to trade secret protection. The implementation of the Core Tax Administration System (Coretax) and the Artificial Intelligence Compliance System (AICEco) proses risks of disclosing technological data and internal corporate financial information due to the absence of comprehensive technical regulations. Employing a normative legal research method coupled with a comparative approach, this study examines the tax and cyber legal frameworks in the United States, Germany, and Australia. The findings indicate that regulations in Indonesia lack integration regarding digital evidence management compared to the United States, which implements protective orders, and Germany, which aligns fiscal audits with the boundaries of the General Data Protection Regulation (GDPR). This study recommends the reformulation of national tax policy, encompassing the institutionalization of the Tax Control Framework (TCF), the adoption of protective order provisions within tax court procedural law, encryption standardization in third-party partnership system sandboxing, and the optimization of the dominus litis principle by the Public Prosecution Service to guarantee legal certainty and the protection of taxpayers' intellectual property rights.
creator: Irwansyah Tanjung
creator: Misnan Al-Jawi
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-05
publication date: 2026-07-05
volume: 4
number: 3
starting page: 1295
ending page: 1305
doi: 10.5281/zenodo.21731374

A JURIDICAL REVIEW OF THE ESTABLISHMENT OF SIGNIFICANT ECONOMIC PRESENCE AS A SUBSTITUTE FOR THE TRADITIONAL PERMANENT ESTABLISHMENT (PE) IN THE COLLECTION OF INCOME TAX FROM FOREIGN DIGITAL COMPANIES
type: item
description: The acceleration of the digital economy has catalyzed cross-border business models that allow foreign digital enterprises to generate massive profits from domestic markets without any physical presence (scale without mass). This condition leads to the erosion of the tax base for market jurisdictions like Indonesia. This article normatively analyzes the transformation of tax law doctrines from the traditional Permanent Establishment (PE) concept based on physical nexus to the criteria of Significant Economic Presence (SEP). This research employs a normative legal research method with a statutory approach and a conceptual approach. The results indicate that the enactment of SEP in the Law on Harmonization of Tax Regulations (UU HPP) is a legitimate manifestation of fiscal sovereignty to reflect the modern economic value creation theory. However, its unilateral enforcement conflicts with international law, specifically Articles 26 and 27 of the 1969 Vienna Convention on the Law of Treaties (VCLT), as long as bilateral Tax Treaties have not been modified. As a pragmatic measure, Indonesia has deferred the execution of SEP-based Income Tax and shifted towards optimizing Digital VAT (PPN PMSE) to avoid global economic retaliation, such as Section 301 of the US Trade Act.
creator: Soeprijono
creator: Ismiyanto
creator: Hafid Zakariya
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-11
publication date: 2026-07-11
volume: 4
number: 3
starting page: 1488
ending page: 1495
doi: 10.5281/zenodo.21731409

LEGAL PROTECTION OF AI-ASSISTED SCIENTIFIC WORK ORIGINALITY IN THE DIGITAL SOCIETY
type: item
description: The rapid development of artificial intelligence (AI) technology presents new challenges for the legal system, particularly in the enforcement of copyright over scientific works produced with the assistance of Chat Generative Pre-Trained Transformer (ChatGPT). This study aims to analyze the aspects of originality and legal protection of AI-assisted scientific works by employing a normative legal research method with statutory and conceptual approaches. The findings show that, under Law No. 28 of 2014 on Copyright, only natural persons or legal entities may be recognized as authors. ChatGPT cannot be regarded as a legal subject because it lacks consciousness and juridical responsibility, and functions merely as a technical tool under human control. Legal protection for scientific works generated with AI assistance can only be granted where there is a demonstrable human contribution in the form of creative input, supervision, and meaningful intervention in the process of creation. In the context of community service, this research highlights the importance of enhancing digital legal literacy among academics so that AI can be utilized ethically, lawfully, and responsibly. Thus, law functions not only as a regulatory instrument, but also as an educational and protective tool in shaping a just digital society that upholds academic integrity.
creator: Muhammad Fachri
creator: Fahmi Afham Fuady
creator: Marlin
creator: Ahmad Syahird
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-25
publication date: 2026-07-25
volume: 4
number: 3
starting page: 1711
ending page: 1721
doi: 10.5281/zenodo.21731427

CRIMINALIZATION AND CRIMINAL LAW ENFORCEMENT OF CROSS-BORDER NARCOTICS TRAFFICKING AS MARITIME TRANSNATIONAL ORGANIZED CRIME IN THE WATERS OF THE RIAU ISLANDS
type: item
description: The geopolitical position of the Riau Islands Province along major international shipping routes makes its territorial waters vulnerable to being exploited as a major corridor for Maritime Transnational Organized Crime (MTOC) involving illicit narcotics trafficking. This study aims to analyze the legal qualifications and formulation of the criminalization of MTOC-based cross-border narcotics trafficking under Indonesian criminal law, as well as to evaluate the effectiveness and obstacles of criminal law enforcement and maritime interdiction in the waters of the Riau Islands. This research employs a combined normative-empirical legal research method (doctrinal-empirical legal research) using statutory, conceptual, and case approaches. Secondary data, consisting of legislation and court decisions, are complemented by primary data obtained through in-depth interviews with the National Narcotics Agency of the Riau Islands Province (BNNP Riau Islands), the Water and Air Police Directorate (Polairud), the Indonesian Navy, the Directorate General of Customs and Excise, and legal academics. The findings indicate that, substantively, Law Number 35 of 2009 on Narcotics and the New Criminal Code under Law Number 1 of 2023 have accommodated the extension of extraterritorial jurisdiction and corporate criminal liability. However, law enforcement at sea remains constrained by criminal procedural law that is predominantly land-centric. Operational obstacles include the lack of clarity in maritime criminal procedures, particularly concerning the chain of custody and digital evidence; inter-agency jurisdictional friction and overlapping authorities; limited maritime surveillance and radar technology; and the socio-economic vulnerability of local fishermen who may be exploited as coastal couriers. This study recommends the formulation of a specific maritime criminal procedural framework (lex specialis), the establishment of a single agency command mechanism, modernization of maritime…
creator: Erniyanti
creator: Irpan Husein
creator: Soerya Respationo
creator: Agus Siagian
creator: Markus Gunawan
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-08-26
publication date: 2026-08-26
volume: 4
number: 3
starting page: 1908
ending page: 1917

INTEGRATION OF REFUGEE PROTECTION PRINCIPLES IN THE ENFORCEMENT OF CRIMINAL LAW ON HUMAN SMUGGLING IN INDONESIA: A STUDY OF THE ROHINGYA ETHNIC SMUGGLING CASE
type: item
description: The increasing influx of Rohingya refugees into Indonesia has created complex legal issues as it involves human smuggling crimes, immigration law, as well as refugee protection and human rights. Rohingya refugees, who are stateless persons and have been subjected to prolonged persecution in Myanmar, are often targeted by transnational organized crime networks that facilitate their illegal cross-border movement. This situation raises questions regarding the extent to which Indonesian criminal law is capable of addressing human smuggling crimes involving Rohingya refugees, integrating international refugee protection principles, and providing adequate protection for refugees as victims.This study is a normative legal research employing conceptual, statutory, and philosophical approaches. The legal materials consist of primary, secondary, and tertiary sources obtained through library research and internet-based documentation, which are then analyzed using deductive, inductive, systematic, interpretative, and comparative methods, as well as case-based analysis of legislation and court decisions related to the smuggling of Rohingya refugees.The findings show that Indonesian criminal law has established a relatively comprehensive normative framework through the Immigration Law, the Indonesian Penal Code, and the ratification of the United Nations Convention Against Transnational Organized Crime (UNTOC) and its Protocol against the Smuggling of Migrants. In addition, the principles of non-penalization, non-refoulement, and humanitarian protection have been substantively integrated into law enforcement practices, although Indonesia has not yet ratified the 1951 Refugee Convention and its 1967 Protocol.This research proposes a victim-oriented criminal law model through the integration of international refugee protection principles, recognition of restitution as a right of refugee victims, and the provision of safe, decent, and humane shelter, in order to achieve legal certai…
creator: Mita Syahfitri Panjaitan
creator: Rika Kurniaty
creator: Faizin Sulistiofaizinl@ub.ac.id
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-10
publication date: 2026-07-10
volume: 4
number: 3
starting page: 1382
ending page: 1391
doi: 10.5281/zenodo.21731615

LAW ENFORCEMENT AGAINST TAX AVOIDANCE BY TAXPAYERS THROUGH INFLATING BUSINESS EXPENSES IN TAX RETURNS UNDER THE CORETAX SYSTEM
type: item
description: Tax avoidance practices through the manipulation of business expenses in tax returns (SPT) constitute a crucial issue in modern taxation systems, particularly with the implementation of the coretax system. Several cases in Indonesia and various court rulings demonstrate that business expense manipulations have been adjudicated as criminal acts. These include manipulation through management fee items, fictitious invoices used as tax-deductible expenses, inflated transfer pricing to affiliated companies, as well as expenses derived from sham transactions. The purpose of this research is to determine the legal enforcement against tax avoidance carried out by taxpayers by inflating business expenses in their tax returns. This study employs a normative legal research method. The results indicate that not all tax avoidance efforts conducted by taxpayers by means of inflating business expenses automatically constitute a criminal offense, provided that it is carried out in a lawful, complete, accurate, and clear manner, supported by legitimate and valid transaction evidence. Therefore, this research implies that not all tax avoidance actions involving the inflation of business expenses are invariably subject to tax criminal penalties, unless executed to the contrary or performed unlawfully and without valid and accurate transaction evidence.
creator: Daniel Budi Pratama
creator: Femmy Silaswaty
creator: Ismiyanto
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1553
ending page: 1560
doi: 10.5281/zenodo.21731690

RECOGNITION OF COMMUNAL LAND RIGHTS IN SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PROTECTION
type: item
description: This research aims to analyze the recognition of communal land rights of indigenous communities within the framework of sustainable development and environmental protection. Customary land is not merely an economic asset, but rather the foundation of the cultural identity, social structure, and survival of indigenous communities. Although the 1945 Constitution, through Article 18B paragraph (2) of the 1945 Constitution, mandates the recognition and respect of indigenous communities and their traditional rights, its implementation still faces various challenges. The research method used is a juridical-normative approach, supported by case study analysis from various regions in Indonesia, including West Sumatra, Papua, and Rempang. Data were collected through a review of relevant laws and regulations, policy documents, and various previous studies. The results show that the recognition of communal land rights is closely linked to environmental sustainability. Indigenous communities play a crucial role in maintaining ecosystem sustainability through local wisdom practices passed down through generations. However, a development paradigm that still views nature as an object of extraction often ignores these communal rights. The government has demonstrated its commitment by issuing 41 Management Rights Certificates for customary land in seven provinces. However, this policy also has the potential to create conflict if it does not involve communities meaningfully. This study concludes that recognizing communal land rights must be the foundation of inclusive, sustainable development, using local wisdom as a guide and ensuring the active participation of indigenous communities in all decisions concerning their land and territories.
creator: Gloria Gita Putri Ginting
creator: Henry Aspan
creator: Mhd. Azhali Siregar
creator: Ayu Kurnia Sari
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1744
ending page: 1751
doi: 10.5281/zenodo.21731741

https://jishup.org/index.php/ojs/article/view/326
type: item
title: RECONSTRUCTION OF ARTICLE 34 OF THE LAW ON GENERAL PROVISIONS AND TAX PROCEDURES (KUP LAW) ON THE GOVERNANCE OF THE ACCOUNTABILITY OF THE DIRECTORATE GENERAL OF TAXES FOR THE MISUSE OF DIGITAL IDENTITY IN THE E-FAKTUR SYSTEM
description: Digital-based tax services require the Directorate General of Taxes to maximize the protection of personal data in the form of digital taxpayer identities, such as the Population Identification Number (KIP), which is currently used as the Taxpayer Identification Number. The purpose of this research is to analyze the reconstruction of Article 34 of the General Provisions of Taxation Law concerning the governance of the Directorate General of Taxes' accountability for the misuse of digital identities in the system.and-Invoices. The study was conducted using a normative method with a statutory and conceptual approach. The data used was secondary data collected through literature review and analyzed qualitatively and descriptively. The results indicate that there are no laws and regulations specifically governing the Directorate General of Taxes' accountability in the event of misuse of digital identities within the system.and-Invoices because so far the form of prohibition regulated is limited to the dissemination of personal data by officials without affecting electronic systems. Therefore, it is necessary to reconstruct Article 34 of the General Provisions of Taxation Law by adopting the provisions in Article 47 of the Personal Data Protection Law, which places the Directorate General of Taxes as the controller of personal data in both conventional and digital forms, thereby providing certainty and legal protection for taxpayers. Forms of accountability that can be added include administrative sanctions and criminal sanctions for any form of possible data leaks that are not caused by the error or negligence of tax officials.
creator: Natalia Ratih Jatmikani
creator: Ariy Khaerudin
creator: Femmy Silaswaty
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-11
publication date: 2026-07-11
volume: 4
number: 3
starting page: 1460
ending page: 1467
doi: 10.5281/zenodo.21731778

CONSTITUTIONAL PROTECTION OF FREEDOM OF EXPRESSION IN THE DIGITAL SPACE IN CRITICISM OF THE IMPLEMENTATION OF THE CORETAX SYSTEM
type: item
description: The implementation of the Coretax System as part of Indonesia's tax administration digital transformation has generated extensive public responses through digital platforms. Public criticism of this policy constitutes a form of participation protected as a constitutional right; however, its exercise often intersects with legal restrictions aimed at safeguarding public order and the rights of others. This study examines the constitutional status of freedom of expression in relation to public criticism of the Coretax System, the legal protection afforded to such expression, and the constitutional limitations governing its exercise in the digital sphere. This research employs a normative legal method using statutory, conceptual, and case approaches. Legal materials were analyzed qualitatively through the interpretation of the 1945 Constitution of the Republic of Indonesia, statutory regulations, Constitutional Court decisions, and international human rights instruments. The findings indicate that criticism of the implementation of the Coretax System constitutes constitutionally protected freedom of expression provided that it is exercised responsibly and does not infringe upon the rights of others. Restrictions on freedom of expression are constitutionally permissible only when prescribed by law, pursue legitimate objectives, and satisfy the principles of legality, necessity, and proportionality as reflected in Article 28J of the 1945 Constitution, Article 19 of the International Covenant on Civil and Political Rights (ICCPR), Constitutional Court Decision Number 50/PUU-VI/2008, and Constitutional Court Decision Number 115/PUU-XXII/2024. This study proposes constitutional parameters for distinguishing protected public criticism from expressions that may legitimately be restricted within a democratic rule of law.
creator: Purwanto
creator: Hanuring Ayu
creator: Ariy Khaerudin
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1577
ending page: 1585
doi: 10.5281/zenodo.21736326

LAW ENFORCEMENT AGAINST SELLERS OF NON-CUSTOM GOODS (THRIFT CLOTHES) IN PALANGKA RAYA CITY
type: item
description: This study aims to identify and analyze law enforcement against sellers of non-excise goods in the form of illegal imported thrift clothing in Palangka Raya City, as well as the obstacles faced by the Customs and Excise Office and the Department of Trade and Industry in its implementation. This research is motivated by the widespread circulation of imported thrift clothing that does not go through official customs procedures, thereby violating applicable legal provisions, particularly Law Number 17 of 2006 concerning Customs and Ministry of Trade Regulation Number 40 of 2022 concerning the prohibition of imported used clothing. The research method used is empirical juridical legal research supported by a normative juridical approach. Data were collected through interviews, field observations, and literature studies related to laws and regulations, journals, and other legal references. The research locations included thrift shops in Kilometer 7, Palangka Raya City, as well as related institutions such as the Customs and Excise Office and the Department of Trade and Industry of Palangka Raya City. The results of the study indicate that law enforcement against sellers of illegal imported thrift clothing in Palangka Raya City has not been implemented optimally. This is caused by a lack of supervision, limited personnel and supporting facilities, low public legal awareness, and the high public interest in imported thrift clothing due to its relatively affordable prices and perceived quality. In addition, coordination among related institutions in supervision and enforcement still needs improvement in order to achieve more effective law enforcement. Based on these findings, it is necessary to strengthen supervision over the circulation of illegal imported goods, improve inter-agency coordination, and conduct public socialization regarding legal regulations and the risks of using illegal imported goods in order to create legal certainty and public protection.
creator: Yosa Nikolas Notoe Saleh
creator: Putri Fransiska Purnama P
creator: Satriya Nugraha
creator: Andika Wijaya
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-31
publication date: 2026-07-31
volume: 4
number: 3
starting page: 1819
ending page: 1827
doi: 10.5281/zenodo.21713380

ANALYSIS ON THE IMPLEMENTATION OF POLICY FOR THE NON-JUDICIAL SETTLEMENT OF PAST GROSS VIOLATIONS OF HUMAN RIGHTS IN INDONESIA
type: item
description: This study analyzes the implementation of the non-judicial resolution policy for past gross human rights violations utilizing Merilee S. Grindle's (1980) Policy Implementation Theory, examining two primary dimensions: the content of policy and the context of implementation. The findings reveal that the policy's implementation continues to encounter significant obstacles. These challenges are primarily driven by a lack of legal legitimacy, as the policy is merely grounded in Presidential Decree Number 17 of 2022 concerning the Establishment of the Team for the Non-Judicial Resolution of Past Gross Human Rights Violations. Furthermore, there is a distinct disharmony between this legal basis and existing statutory regulations governing the resolution of past gross human rights violations. The implementation is also hindered by the minimal involvement of victims and their families in both the formulation and execution of the policy, as well as a perceptible lack of political will from the current administration to sustain its implementation. Consequently, several key recommendations are proposed: the state must redraft a robust legal framework to resolve gross human rights violations through non-judicial mechanisms via a Truth and Reconciliation Commission (TRC); the state should issue a formal apology to the victims and their families; and the government must establish clear delineations of authority among state institutions tasked with human rights functions. These measures are imperative to achieve national reconciliation in alignment with the paradigm of Transitional Justice, which inherently encompasses truth-seeking, the prosecution of perpetrators, the restoration of victims' rights, and guarantees of non-recurrence.
creator: Muhammad Iqbal
creator: Ima Mayasari
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-10
publication date: 2026-07-10
volume: 4
number: 3
starting page: 1365
ending page: 1372
doi: 10.5281/zenodo.21736487

The Urgency of Reforming Intellectual Property Law Regulations in Responding to the Development of Artificial Intelligence Technology
type: item
description: The rapid development of artificial intelligence has created significant legal challenges for intellectual property law, particularly regarding authorship, ownership, originality, the use of protected works as training data, and liability for AI-generated outputs. This study aims to analyze the urgency of reforming Indonesian intellectual property law regulations in responding to artificial intelligence technology, with specific focus on the adequacy of copyright, patent, electronic information, personal data protection, and artificial intelligence ethics regulations. This research employs a normative juridical method using statutory and conceptual approaches. Data were collected through library research by examining primary legal materials, including Indonesian laws and regulations, and secondary legal materials consisting of academic literature and policy documents; because this is normative legal research, no respondents or informants were involved. The data were analyzed qualitatively through legal interpretation and systematic analysis. The findings show that existing regulations provide partial protection for human-created works, technological inventions, electronic systems, and personal data, but they do not specifically regulate AI-generated works, ownership of AI outputs, copyrighted data used for AI training, or legal responsibility among users, developers, and platforms. The study concludes that regulatory reform is necessary to strengthen legal certainty, protect creators, and support responsible AI innovation in Indonesia.
creator: Randy Vallentino Neonbeni
creator: Yohanna YR Watofa
creator: Joko Suranto
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1651
ending page: 1660
doi: 10.5281/zenodo.21736579

A CRIMINAL LAW REVIEW OF CYBERBULLYING AS A FORM OF DIGITAL CRIME
type: item
description: This study aims to analyze the qualifications of cyberbullying as a criminal act within the digital crime family and examine the effectiveness of positive legal regulations in Indonesia in ensnaring perpetrators. The research method used is a normative one with a statute approach and a conceptual approach. The data used is secondary data sourced from primary and secondary legal materials, which are then analyzed qualitatively. The results of the study indicate that cyberbullying has fulfilled the elements of a digital crime (cybercrime) and is regulated in several regulations, particularly the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP). However, law enforcement still faces normative challenges, such as the interpretation of certain articles (rubber articles) and complex digital evidence. Regulation harmonization and a more specific formulation of crimes regarding cyberbullying are needed to provide legal certainty and optimal protection for victims.
creator: Giannini Oktobellini Henrik
creator: Ardiyanti Aris
creator: Lilis Suryani
creator: Sunardi Purwanda
creator: Phirer
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-28
publication date: 2026-07-28
volume: 4
number: 3
starting page: 1784
ending page: 1795
doi: 10.5281/zenodo.21656955

CORRUPTION AS AN EXTRAORDINARY CRIME: EVALUATING THE RULE OF LAW, DEMOCRACY AND HUMAN RIGHTS
type: item
description: Corruption categorized as an extraordinary crime continues to show a significant upward trend in Indonesia. As a product of the 1998 reform movement, efforts to realize a clean government were institutionalized through Law Number 28 of 1999. However, empirical realities show a structural anomaly where democratic instruments are hijacked by old power structures acting as free riders to perpetuate authoritarian tendencies. This systemic failure degrades the rule of law and forces a critical re-examination of how political transitions accommodate oligarchic resilience. Consequently, this study addresses how corruption undergoes structural metamorphosis, how state capture interacts with democratic procedures, and to what extent it deprives citizens of constitutional protections. Research Method, using a combined legal research method (normative-empirical jurisprudence) with a qualitative-descriptive approach, this study dissects State Capture Corruption through Olle Törnquist’s "shadowy democracy" thesis and Nils Bubandt's oxymoronic democracy corruption framework. Research Outcome: The results confirm that local oligarchies distort political transitions through the capitalization of authority and Sophistic truth manipulation. This paradox turns democracy into an incubator for systemic corruption, where public funds are diverted, leaving the public as a collective victim. The novelty lies in integrating Samuel Huntington’s transition models to reveal a "transformation from above" using fresh data. Theoretically, it enriches progressive criminal jurisprudence, while practically providing strategic policy recommendations for anti corruption authorities to shield public budgets from oligarchic interventions.
creator: Muhyi Mohas
creator: Litya Surisdani Anggraeniko
creator: Reine Rofiana
creator: Arie Kartika
creator: Muh Farhan Arfandy
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-11
publication date: 2026-07-11
volume: 4
number: 3
starting page: 1443
ending page: 1451
doi: 10.5281/zenodo.21736655

CHILD GROOMING CRIMINAL REGULATIONS IN THE NATIONAL CRIMINAL CODE
type: item
description: The development of information technology has transformed patterns of social interaction and digital communication, leading to the emergence of various forms of sexual crimes against children, one of which is child grooming. This crime is committed through a process of approaching, psychologically manipulating, and building trust with a child for sexual exploitation. This study aims to analyze the regulation of the criminal offense of child grooming under the national Criminal Code (KUHP) and to examine the limitations of its legal framework. This research is a normative legal study employing both statutory and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed qualitatively. The findings indicate that child grooming has not yet been explicitly regulated as a distinct criminal offense under the national Criminal Code. However, in substance, it has been implicitly accommodated through Article 417, which regulates acts of giving or promising gifts, abusing authority or influence, and deceiving a child for sexual purposes. The study also finds that this regulation remains limited because Article 417 is constructed as a material offense, does not fully address the characteristics of digital-based child grooming, and fails to accommodate the process of psychological manipulation at the initial stage before sexual exploitation occurs. Therefore, a more adaptive reform of criminal law is required to provide legal certainty regarding the criminal offense of child entrustment.
creator: An’nissa Sukmaningrum
creator: Lilis Suryani
creator: Ardiyanti Aris
creator: Kairuddin
creator: Muhammad Darwis
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1623
ending page: 1630
doi: 10.5281/zenodo.21458214

Housing Security and Land Ownership under Pradhan Mantri Awaas Yojana–Gramin (PMAY-G): Assessing Rural Development Outcomes in Tamil Nadu
type: item
description: Housing security and secure land ownership are fundamental components of sustainable rural development, social protection, and poverty reduction. The Pradhan Mantri Awaas Yojana–Gramin (PMAY-G), launched in 2016, seeks to provide permanent housing to eligible rural households while promoting dignity, asset creation, and inclusive growth. In Tamil Nadu, the implementation of PMAY-G has been strengthened by the state's long-standing commitment to welfare-oriented housing policies and decentralized rural governance. This study assesses the effectiveness of PMAY-G in enhancing housing security and land ownership and examines its contribution to rural development outcomes in Tamil Nadu. The programme has strengthened household asset ownership and promoted women's empowerment through joint or exclusive ownership of residential property. Beneficiaries have experienced improved access to sanitation, safe drinking water, electricity, and other essential services, leading to better health outcomes, educational opportunities, and enhanced quality of life.
creator: Dr. N. RAMESHKUMAR
creator: Mr. T. SATHISPRABU. M.A., M.Phil. SET., Ph.D
creator: Mr. R. VENKATESH. M.A., Ph.D
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-27
publication date: 2026-07-27
volume: 4
number: 3
starting page: 1762
ending page: 1767
doi: 10.5281/zenodo.21736724

A CONSTITUTIONAL-ETHICAL STUDY OF THE INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 62/PUU-XXII/2024 ON THE CONSTITUTIONALITY REVIEW OF THE PRESIDENTIAL THRESHOLD
type: item
description: The Indonesian Constitutional Court Decision Number 62/PUU-XXII/2024 was not the first attempt by petitioners to challenge the constitutionality of the presidential threshold. From 2004 to 2023, the Court had examined at least 46 cases concerning the presidential threshold, most of which were declared inadmissible, rejected, partially granted, or withdrawn by the petitioners. This raises an important question: what considerations led the Court to change its constitutional stance on the presidential threshold? This study aims to examine the ratio decidendi of Constitutional Court Decision Number 62/PUU-XXII/2024 and to analyze its ethical-constitutional dimensions. This research employs normative legal research methods using statutory, case, and conceptual approaches. The findings show, first, that the ratio decidendi of the decision rests on the protection of the constitutional rights of political parties participating in elections, the guarantee of citizens’ political rights to vote and to be elected, and the purification of presidentialism through the strengthening of the checks and balances system in Indonesia. Second, the Court reconstructed its constitutional reasoning on the presidential threshold by taking into account the moral principles embedded in the Constitution. Its considerations regarding the political rights of citizens and political parties, as well as the logical fallacies underlying the presidential threshold, indicate that eliminating the threshold may strengthen rather than weaken Indonesia’s presidential system.
creator: Cyrilius W.T. Lamataro
creator: Vergilius Septyanto Lamabelawa
creator: Jenny Ermalinda
creator: Chatryen Megawati Dju Bire
creator: Adhe Ismail Ananda
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-03
publication date: 2026-07-03
volume: 4
number: 3
starting page: 1338
ending page: 1347
doi: 10.5281/zenodo.21736827

An Analysis of Legal Fairness in the Protection of Dividend Rights for Minority Shareholders in Limited Liability Companies
type: item
description: This article analyzes legal fairness in the protection of dividend rights for minority shareholders in limited liability companies. The issue is significant because dividend distribution represents a fundamental economic right of shareholders, yet minority shareholders often occupy a vulnerable position when corporate decisions are dominated by majority shareholders through the General Meeting of Shareholders. This study aims to examine whether existing legal norms and corporate governance principles provide fair and proportional protection for minority shareholders in dividend-related decisions. The research applies a normative juridical method with statutory and conceptual approaches. Data were collected through literature study and analysis of relevant laws, regulations, legal doctrines, and corporate governance principles; therefore, this study does not involve respondents or informants. The data were analyzed qualitatively through legal interpretation, conceptual analysis, and systematic reasoning. The findings indicate that legal protection for minority shareholders’ dividend rights remains largely formal and depends heavily on transparency, accountability, and good faith in corporate decision-making. Majority control may create potential unfairness when dividend policies are determined without sufficient consideration of minority shareholders’ legitimate economic interests. This study concludes that stronger substantive legal protection and fairer governance mechanisms are necessary to promote equitable dividend distribution and enhance corporate accountability.
creator: Hermanto
creator: Suci Hati Handayani
creator: Ingka Harsani Nasution
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1642
ending page: 1650
doi: 10.5281/zenodo.21736894

CRIMINAL LIABILITY FOR ARTIFICIAL INTELLIGENCE-BASED CRIMES UNDER CRIMINAL LAW IN INDONESIA
type: item
description: The development of Artificial Intelligence (AI) technology brings complex legal implications, particularly in the field of criminal law. Crimes committed using AI systems such as deepfakes, automated cyberattacks, algorithm-based fraud, and data manipulation raise fundamental questions about who should be held criminally responsible. This study aims to analyze the concept of criminal liability for AI-based crimes within the current Indonesian criminal law framework and identify existing legal gaps (leemten in het recht). The research method used is normative juridical with a statutory approach, a conceptual approach, and a comparative approach. The results show that the Criminal Code (KUHP) and Law Number 19 of 2016 concerning Information and Electronic Transactions (ITE) have not been able to optimally address criminal liability for crimes bridged by autonomous AI systems. Comprehensive regulatory reform is urgently needed, including the establishment of new legal subjects, the implementation of adapted doctrines of strict liability and vicarious liability, and the establishment of a specific legal framework related to AI. This study recommends the drafting of an Artificial Intelligence Bill that explicitly regulates aspects of criminal liability in the AI ecosystem.
creator: Hendri Saputra Manalu
creator: Rahmadany
creator: Anto Mutriady
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1662
ending page: 1667
doi: 10.5281/zenodo.21613956

ANALYSIS OF JUDGES' RATIO DECIDENDI IN ONLINE GAMBLING CRIMINAL DECISIONS USING CRIMINAL CODE PROVISIONS
type: item
description: Advances in information technology have driven the transformation of conventional gambling into gambling conducted through electronic systems. This situation has raised legal issues regarding the application of criminal law to online gamblers, particularly concerning the use of the Criminal Code (KUHP) or the Electronic Information and Transactions Law (UU ITE). The purpose of this study is to analyze the judges' ratio decision in criminal judgments involving online gambling that apply provisions of the Criminal Code (KUHP). The research method used is legal research with a statutory regulatory approach and a case approach. Based on the research conducted, it is evident that there are differences in the judges' reasoning regarding the classification of online gambling. In verdict number. 32/Pid.Sus/2025/PN Lmj, the Panel of Judges applied Article 27(2) in conjunction with Article 45(3) of the ITE Law, primarily on the grounds that the use of electronic systems and access to gambling websites fulfilled the element of making electronic information containing gambling content accessible, thereby rendering the ITE Law applicable as lex specialis. Conversely, in verdict number 41/Pid.B/2025/PN Pdp, the Panel of Judges applied Article 303 bis of the Criminal Code because the defendant acted solely as an online gambler and was not proven to have distributed, transmitted, or made electronic information containing gambling content accessible to others. This discrepancy highlights differing interpretations of the elements within the ITE Law, which impact legal applications. Therefore, consistency in legal interpretation and application
creator: Maria Christina
creator: Prija Djatmika
creator: Abdul Madjid
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-03
publication date: 2026-07-03
volume: 4
number: 3
starting page: 1496
ending page: 1505
doi: 10.5281/zenodo.21736953

LEGAL LIABILITY OF INFLUENCERS FOR MISLEADING PRODUCT INFORMATION IN DIGITAL CONSUMER PROTECTION IN ELECTRONIC TRANSACTIONS
type: item
description: The rapid growth of social media has made influencers key actors in digital marketing, significantly affecting consumer purchasing decisions. However, misleading product information, exaggerated claims, and the failure to disclose paid partnerships have raised important legal concerns and weakened consumer protection. This study analyzes the legal status of influencers as subjects of legal liability, examines their responsibility for disseminating misleading information in electronic transactions, and compares Indonesia's legal framework with those of the United States and the European Union. Using normative legal research with statutory, conceptual, and comparative approaches, the study recommends stronger regulations, clearer disclosure obligations, and enhanced legal accountability for influencers.
creator: Ratih Manggar Sari
creator: Ariy Khaerudin
creator: Ismiyanto
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1586
ending page: 1590
doi: 10.5281/zenodo.21737545

IMPLEMENTATION OF THE POLICY PROHIBITING THE KILLING OF ESTUARY CROCODILES IN RANTAU GEDANG AND TELUK RUMBIA VILLAGES, SINGKIL DISTRICT, ACEH SINGKIL REGENCY
type: item
description: This study examines the implementation of the policy prohibiting the killing of estuarine crocodiles in Rantau Gedang Village and Teluk Rumbia Village, Singkil District, Aceh Singkil Regency, as well as the factors hindering its implementation. The study was motivated by increasing human–crocodile conflicts that have resulted in fatalities and created a dilemma between wildlife conservation and community safety. This research employs a descriptive qualitative approach, with data collected through interviews, observations, and documentation. The analysis is based on Merilee S. Grindle's policy implementation theory, which focuses on policy content and implementation context. The findings indicate that the prohibition policy has not been implemented optimally. Although it has a strong legal foundation and clear objectives, it has not fully addressed the community's need for safety. The main barriers include low community compliance, limited resources, inadequate continuous socialization, weak inter-agency coordination, and the socio-economic dependence of local communities on river activities. A more comprehensive strategy is therefore required through improved public awareness, strengthened monitoring, and human–wildlife conflict mitigation so that estuarine crocodile conservation can be balanced with community safety and welfare.
creator: Fitrianda Sari
creator: Mauludi
creator: Arinanda
creator: Muhammad Hasyem
creator: Risna Dewi
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1751
ending page: 1761
doi: 10.5281/zenodo.21737674

CONSTITUTIONAL INTERPRETATION: THE CONSTITUTIONAL COURT'S PARADIGM SHIFT IN THE JUDICIAL REVIEW OF PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDACY THRESHOLD NORMS IN INDONESIA
type: item
description: The presidential threshold provision under Article 222 of Law No. 7 of 2017 on General Elections has generated prolonged debate concerning the inclusivity of electoral competition and the integrity of the presidential system. For over a decade, the Constitutional Court consistently upheld this norm as an open legal policy of the legislature. However, a fundamental shift occurred through Decision No. 62/PUU-XXII/2024, which declared the provision unconstitutional. This study analyzes the structure of the Constitutional Court's legal arguments in its prior jurisprudence and examines the legal rationale underlying the paradigm shift in this recent decision. This is a normative legal study employing statutory, case, and conceptual approaches. The findings indicate that the earlier jurisprudence relied on judicial restraint to maintain government stability and promote the simplification of the political party system. In contrast, Decision No. 62/PUU-XXII/2024 applies the doctrine of responsive judicial review, emphasizing substantive justice, the restoration of popular sovereignty, equality among political parties participating in the current general election, and the determination of the framers' original intent. The invalidation of this norm creates a technical legal vacuum, requiring the legislature to restructure the regulatory framework through new constitutional engineering for the 2029 General Election. This restructuring must combine the guarantee of inclusive rights—free from percentage thresholds—with a mandatory nomination mechanism to preserve stable and democratic electoral management.
creator: Ekho Pratama
creator: Slamet Suhartono
creator: Miftahul Munir
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-05
publication date: 2026-07-05
volume: 4
number: 3
starting page: 1306
ending page: 1319
doi: 10.5281/zenodo.21737760

LEGAL PLURALISM AND THE RECOGNITION OF INDIGENOUS LAND RIGHTS: A COMPARATIVE STUDY OF INDONESIA, THE PHILIPPINES, AND CANADA
type: item
description: The regulation of customary land rights (hak ulayat) in Indonesia’s agrarian legal system reflects a structural tension between formal recognition and practical implementation. Although the 1945 Constitution of the Republic of Indonesia and the Basic Agrarian Law (UUPA) recognize indigenous peoples’ rights, such recognition remains conditional and administratively dependent, resulting in a subordinated legal position of indigenous communities. This study comparatively examines customary land governance in Indonesia, the Philippines, and Canada to identify divergent models of indigenous land recognition and to formulate an ideal regulatory framework for Indonesia. This research employs a normative juridical method with statutory, conceptual, and comparative approaches. It analyzes Indonesia’s agrarian framework, the Indigenous Peoples’ Rights Act (IPRA) of the Philippines, and the doctrine of Aboriginal title within Canadian jurisprudence. Findings indicate that Indonesia applies a conditional administrative recognition model, the Philippines adopts a statutory affirmative model through Certificates of Ancestral Domain Title (CADT) and Free, Prior, and Informed Consent (FPIC), while Canada develops a constitutional-judicial model grounded in historical occupation, reinforced by fiduciary duty and meaningful consultation. These differences reflect varying degrees of legal certainty and institutional protection of indigenous land rights. The study concludes that Indonesia requires reconstruction toward a constitutional-pluralist model grounded in dignified justice, operationalized through declaratory recognition, binding territorial demarcation, substantive consent requirements, independent dispute resolution mechanisms, and a strict public interest test for state intervention.
creator: Achmad Jaelani
creator: Reza Kautsar Kusumahpraja
creator: Dede Agus
creator: Jarkasi Anwar
creator: Aristama Mega Jaya
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-03
publication date: 2026-07-03
volume: 4
number: 3
starting page: 1478
ending page: 1486
doi: 10.5281/zenodo.21162464

XBREACH OF CONSIGNMENT AGREEMENT BETWEEN ADEE CAKE MANUFACTURER AND SMALL TRADERS (RESEARCH STUDY IN MEUREUDU DISTRICT, PIDIE JAYA REGENCY)
type: item
description: This study aim For know implementation agreement consignment between manufacturers and traders small cake Adee in the District Meureudu , Pidie Jaya Regency , as well analyze factor reason occurrence default and efforts settlement dispute in agreement The problems studied​​ related with practice agreement consignment in general done in a way oral based on principle trust , so that in implementation cause problem law in the form of delay payment results sales , implementation obligations that are not perfect , or No fulfilled achievements by traders to manufacturer . Research This use method qualitative with approach juridical empirical and nature study descriptive analytical . Research data obtained through interviews , observations , and documentation to manufacturer as well as trader small cake Adee in the District Meureudu , Pidie Jaya Regency , which then analyzed in a way qualitative . Research results show that implementation agreement consignment Still based on trust without agreement written . Causal factors occurrence default covering use results sale For interest personal , condition business traders who experience difficulties , as well as weakness supervision in implementation agreement . Form default that occurred in the form of delay payment , implementation achievements that are not appropriate , and not carry out performance The same once . Completion dispute done non - litigation through deliberation and negotiation For maintain connection Work The same between the parties . It is recommended that producers and traders small make agreement consignment in a way written to provide certainty law for the parties .
creator: Aisyah
creator: Teuku Yudi Afrizal
creator: Tri Widya Kurniasari
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-24
publication date: 2026-07-24
volume: 4
number: 3
starting page: 1744
ending page: 4842
doi: 10.5281/zenodo.21552156

Code-Switching, Hybridity, and Identity: English in Multilingual Communities and the Negotiation of Belonging
type: item
description: This paper investigates the phenomenon of code-switching between English and other languages in multilingual communities, examining how speakers deploy English not merely as a communicative tool but as a resource for constructing, performing, and contesting social identities. Drawing on ethnographic fieldwork, corpus-linguistic analysis, and theoretical frameworks from interactional sociolinguistics, the study explores how English interweaves with Arabic, Hinglish, Spanglish, and Singlish to produce hybrid linguistic forms that resist monolingual norms. The paper argues that code-switching involving English is a sophisticated pragmatic practice that encodes stances of modernity, cosmopolitanism, professional identity, and in-group solidarity while simultaneously functioning as a site of tension between global aspiration and local belonging. It challenges deficit framings of mixed-language speech and advocates for a translanguaging perspective that reframes multilingual English use as a creative linguistic resource rather than evidence of incomplete acquisition.
creator: Dr. Chander Mohan
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-06-29
publication date: 2026-06-29
volume: 4
number: 3
starting page: 1426
ending page: 1429
doi: 10.5281/zenodo.21787159

MISUSE OF TAXPAYER DATA FOR PHISING SCAMS
type: item
description: The rapid development of Indonesia's digital taxation ecosystem has simultaneously introduced new vulnerabilities that were previously absent in conventional tax administration systems. This research examines the misuse of taxpayer data as the primary instrument in phishing schemes, a phenomenon that not only inflicts financial and psychological harm on individual victims, but also erodes public trust in tax institutions and undermines the broader success of digital government transformation. This study employs a juridical-empirical method with a descriptive-analytical character, integrating statutory and conceptual approaches. The research yields three principal findings. First, taxpayer data occupies a uniquely strategic position as information collected under legal obligation, simultaneously encompassing identity, financial, and asset data, making it a high-value target whose misuse erodes the public trust that underpins Indonesia's self-assessment taxation paradigm. Second, the misuse of taxpayer data in phishing practices occurs through five primary modes, namely counterfeit website creation, mass deceptive messaging, malicious application distribution, voice phishing, and spear phishing, all of which exploit a five-phase exploitation chain and employ psychological manipulation techniques grounded in institutional authority, artificial urgency, and data-driven personalization. Third, the effectiveness of existing regulations, including the Electronic Information and Transactions Law, Law Number 27 of 2022 on Personal Data Protection, and the General Tax Provisions Law, remains insufficient due to fragmentation of legal substance, limited institutional enforcement capacity, and low legal awareness among taxpayers. This research recommends the accelerated operationalization of the Personal Data Protection Authority, the establishment of an integrated cross-institutional phishing detection and response system, and the strengthening of international legal cooperati…
creator: Nuradi Budi Prakoso
creator: Hanuring Ayu
creator: Hafid Zakaria
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1560
ending page: 1569
doi: 10.5281/zenodo.21853029

LEGAL PROTECTION FOR PATIENTS IN THE IMPLEMENTATION OF HEALTH SERVICES AT CLINICS IN DUMAI CITY
type: item
description: This study analyzes the legal protection of patients in health services provided by clinics in Dumai City under Indonesia’s current health-law framework. The research uses a normative juridical method with statutory and conceptual approaches. Primary legal materials include the 1945 Constitution, Law Number 17 of 2023 on Health, Government Regulation Number 28 of 2024, Minister of Health Regulation Number 11 of 2025, and related rules on medical records, referrals, pharmaceutical services, and personal data protection. The study finds that patient protection operates through preventive and repressive mechanisms. Preventive protection requires lawful clinic licensing, professional competence, service standards, informed consent, confidentiality, accurate medical records, patient safety, transparent fees, and effective referral procedures. Repressive protection is available through internal complaints, professional and administrative examination, mediation, civil claims, and criminal proceedings where legal elements are fulfilled. The main implementation challenge is not the absence of norms, but inconsistent documentation, insufficient communication, weak complaint management, and limited supervision. Therefore, clinics and the Dumai City Government should strengthen standard operating procedures, patient information systems, incident reporting, periodic compliance audits, and accessible non-litigation dispute resolution.
creator: Juwita Yanti Pakpahan
creator: Novi Juli Rosani Zulkarnain
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1796
ending page: 1806
doi: 10.5281/zenodo.21636479

REGULATORY SYNCHRONIZATION BETWEEN INDONESIA'S PERSONAL DATA PROTECTION LAW AND THE ELECTRONIC INFORMATION AND TRANSACTIONS LAW IN THE CORETAX SYSTEM
type: item
description: The rapid development of information technology has encouraged the digital transformation of public administration, including the taxation sector in Indonesia. As part of tax administration reform, the Directorate General of Taxes has implemented the Coretax Administration System (Coretax), an integrated digital platform designed to enhance efficiency, transparency, and accountability in tax administration. The system processes and manages large volumes of taxpayers’ personal data, including identity information, financial records, business transactions, and tax compliance history. Consequently, ensuring the legal protection of personal data has become a critical issue. This study aims to analyze the regulatory synchronization between Law Number 27 of 2022 concerning Personal Data Protection (PDP Law) and the Electronic Information and Transactions Law (ITE Law) in the implementation of the Coretax system. The research employs a normative legal method using statutory and conceptual approaches. The findings indicate that although the PDP Law functions as a lex specialis governing personal data protection and the ITE Law serves as a lex generalis regulating electronic systems, potential regulatory disharmony remains regarding the scope of regulation, data protection mechanisms, and law enforcement procedures. Such inconsistencies may create legal uncertainty and weaken the effectiveness of taxpayers’ personal data protection within the Coretax system. Therefore, comprehensive regulatory harmonization is necessary through the alignment of legal norms, strengthening supervisory institutions, and implementing integrated data security standards. These measures are essential to ensure legal certainty and effective protection of taxpayers' personal data rights in Indonesia’s digital taxation ecosystem.
creator: Winatrisia
creator: Hanuring Ayu Ardhanu Putri
creator: Ida Aryati Dyah Purnomo Wulan
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-11
publication date: 2026-07-11
volume: 4
number: 3
starting page: 1468
ending page: 1477
doi: 10.5281/zenodo.21853135

ISLAMIC RELIGIOUS EDUCATION AS A FOUNDATION FOR PROFESSIONAL ETHICS IN THE ENFORCEMENT OF ISLAMIC LAW
type: item
description: The increasing complexity of contemporary legal practices has raised concerns regarding the ethical integrity and professionalism of law enforcement within Islamic legal systems. In many cases, the weakening of moral values among legal practitioners has affected the implementation of justice and public trust. This article aims to examine the role of Islamic Religious Education as a foundational framework for shaping professional ethics in the enforcement of Islamic law. The study employs a qualitative library research method by analyzing relevant literature, scholarly articles, and classical as well as contemporary Islamic educational perspectives. The findings indicate that Islamic Religious Education contributes significantly to the development of ethical awareness, moral responsibility, honesty, justice, and accountability among law enforcement professionals. Furthermore, the integration of Islamic ethical values into educational processes strengthens professional conduct and supports the realization of fair and humane Islamic law enforcement. This study concludes that Islamic Religious Education serves not only as a spiritual foundation but also as an ethical instrument for enhancing professionalism and integrity in Islamic legal practices.
creator: Muhammad Faisal Azmi
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-25
publication date: 2026-07-25
volume: 4
number: 3
starting page: 1733
ending page: 1743
doi: 10.5281/zenodo.21853157

https://jishup.org/index.php/ojs/article/view/411
type: item
title: RECONSTRUCTION OF THE AUTHORITY OF THE REGIONAL SUPERVISORY COUNCIL IN ENFORCING THE LAW ON VIOLATIONS OF THE NOTARIAL OFFICE TO ENSURE LEGAL CERTAINTY AND ENHANCE NOTARIAL PROFESSIONALISM ( A STUDY IN BATAM CITY )
description: This research is motivated by the suboptimal authority of the Regional Supervisory Council (Regional Supervisory Council/MPD) in enforcing the law against violations of the notarial office, which affects legal certainty and the professionalism of notaries. The legal framework governing notarial supervision is regulated under Law Number 2 of 2014 concerning the Amendment to Law Number 30 of 2004 on the Office of Notary and Regulation of the Ministry of Law and Human Rights Number 15 of 2020 concerning Procedures for Examination by the Notary Supervisory Council. In practice, the MPD still faces limitations in authority, institutional coordination, and supervisory effectiveness. This study aims to analyze the legal framework, implementation, obstacles, and reconstruction of the MPD's authority in law enforcement against violations of the notarial office in Batam City.This research employs the theories of the rule of law, authority, legal certainty, and law enforcement. It uses an empirical legal research method with statutory, conceptual, and sociological approaches. Data were collected through library research and interviews and were analyzed qualitatively. The findings indicate that the existing legal framework governing the MPD's authority has not fully supported effective law enforcement. Although supervision in Batam City has been implemented, it remains constrained by limited authority, weak institutional coordination, and ineffective follow-up on examination results. The reconstruction of the MPD's authority is therefore necessary through regulatory reform, stronger institutional coordination, capacity building for supervisors, and the utilization of technology in the supervisory system. The study concludes that reconstructing the MPD's authority is essential to strengthen law enforcement against violations of the notarial office, thus enhancing legal certainty and notarial professionalism. It is recommended that the government improve the existing regulatory f…
creator: Erniyanti
creator: Putri Andini
creator: Markus Gunawan
creator: Agus Siagian
creator: Irpan Husein
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-08-26
publication date: 2026-08-26
volume: 4
number: 3
starting page: 1971
ending page: 1979
doi: 10.5281/zenodo.22121691

RECONSTRUCTING THE CONCEPT OF SUMMARY PROOF WITHIN THE LEGAL FRAMEWORK OF SMALL CLAIMS PROCEDURES
type: item
description: This research analyzes the legal reasoning (ratio legis) behind the qualification of "simple" in the current Small Claims Court regulation and formulates a reconstruction of that meaning. Currently, Supreme Court Regulation (PERMA) No. 4 of 2019 defines "simple" based on quantitative-administrative limits, such as a maximum claim value of IDR 500 million and domicile constraints. This normative legal research uses statute, conceptual, and philosophical approaches. The results indicate that the current paradigm is pragmatic-economic, aimed at judicial efficiency and Ease of Doing Business (EoDB) rankings, but often neglects substantive justice. This study proposes a reconstruction by shifting the paradigm from Quantitative Simplicity to Evidentiary Simplicity. Under this new framework, a case is categorized as "simple" based on its evidentiary characteristics (clear-cut case/liquid debt) rather than its nominal value, ensuring broader access to justice for cases with high economic value but low evidentiary complexity.
creator: Kresna Ramadhan Wijaya
creator: Rachmi Sulistyarini
creator: M. Natsir Asnawi
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-10
publication date: 2026-07-10
volume: 4
number: 3
starting page: 1373
ending page: 1381
doi: 10.5281/zenodo.21853201

ENVIRONMENTAL SUPERVISION IN PALM OIL INDUSTRY WASTE MANAGEMENT IN PELALAWAN REGENCY
type: item
description: Environmental monitoring is a crucial instrument for ensuring industrial compliance with waste management, particularly in areas with high palm oil industry activity. This study aims to analyze environmental monitoring in palm oil industrial waste management in Pelalawan Regency. The study employed a descriptive qualitative approach involving twelve informants from the Pelalawan Regency Environmental Agency, palm oil companies, and communities surrounding the industrial area. Data were collected through in-depth interviews and documentation, tested through source triangulation, and analyzed interactively through data reduction, data presentation, and conclusion drawing. The results indicate that environmental monitoring is implemented through a series of preventive and repressive measures that include company guidance, administrative compliance checks, land application , field inspections, public complaint handling, and corrective actions. These two forms of monitoring do not occur separately but are interconnected in the process of maintaining company compliance. This study found that the main problem with monitoring lies not primarily in the lack of instruments, but in the inconsistent interconnection between monitoring instruments. Limited inspection frequency impacts the verification and early detection functions, some community information is not yet connected to the government monitoring system, and the dominance of the coaching approach requires more consistent follow-up monitoring. This study emphasizes the importance of integrating compliance information, inspection results, corrective action history, and public complaints to strengthen ongoing environmental oversight.
creator: Nahrin Zakiyah
creator: Rahmadani Yusran
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1604
ending page: 1611
doi: 10.5281/zenodo.21465995

THE JUST REGULATION OF IMMATERIAL LOSSES IN SHARIA ECONOMIC DISPUTES: RECONSTRUCTION OF TA'WID BASED ON MAQASID AL-SYARI'AH
type: item
description: This article examines the regulation of immaterial losses in sharia economic disputes and proposes a reconstruction through maqashid al-syariah as an analytical tool. The normative basis for compensation has been recognized through the concepts of ta'wid and daman in the Compilation of Sharia Economic Law (KHES) and the DSN-MUI fatwa, but this formulation stops at the principle and interprets "real losses" primarily as nominal costs. This study uses normative legal research methods with statutory, conceptual, and historical approaches. The first finding shows that a narrow reading of the term "real" is not a neutral stance, but rather creates a double maqashid deficit: on the one hand, the law only restores hifz al-mal and ignores hifz al-nafs , hifz al-'aql , and hifz al-'ird ; on the other hand, the lack of norms encourages judges to borrow general civil law without a sharia filter, thereby opening up the risk of gharar and unlawful enrichment. The second finding offers an ideal regulatory model that redefines “real” functionally, recognizes immaterial losses in a limited and measurable manner within the paradigm of recovery ( jabr al-darar ), maps four categories of losses to the maqashid they protect, establishes thresholds based on the hierarchy of darurriyyat–hajiyyat–tashiniyyat and the principle of proportionality, and designs layered evidence and guided discretion. The novelty of this article lies in providing an operative framework for immaterial losses guided by maqashid, which has not been provided by KHES, fatwas, or previous studies. The most realistic update is carried out through strengthening KHES within the framework of PERMA, affirmation of DSN-MUI, and the Supreme Court's technical guidelines for Religious Court judges.
creator: Tiya Ulfa
creator: Sukarmi
creator: Nur Chanifah
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1668
ending page: 1675
doi: 10.5281/zenodo.21853263

STRENGTHENING STUDENTS' LEARNING MOTIVATION AT MADRASAH IBTIDAIYAH THROUGH THE INTEGRATION OF TRADITIONAL GAMES AND DIGITAL LEARNING MEDIA IN THEMATIC LEARNING
type: item
description: Learning motivation is a fundamental factor that influences student engagement in the learning process, especially at the Madrasah Ibtidaiyah level . In practice, thematic learning in the classroom still often shows a low level of student participation due to the use of monotonous methods and lack of providing meaningful learning experiences. This study aims to analyze how the integration of traditional games and digital learning media can strengthen student learning motivation in thematic learning in Madrasah Ibtidaiyah , with the research context at MI Darullughah Wal Karomah (MI DWK), Indonesia. This study uses a descriptive qualitative approach with data collection techniques through observation, interviews, and documentation. Observations were conducted to observe learning activities and student engagement in the classroom, while interviews were conducted with teachers and students to gain an in-depth understanding of the learning experience. Data analysis was carried out through the stages of data reduction, data presentation, and interpretation of research findings. The results of the study indicate that the integration of traditional games and digital learning media in MI DWK is able to create a more interactive and participatory learning atmosphere . Students showed increased engagement through discussion activities, group work, and participation in games integrated in thematic learning. Digital media also strengthens students' conceptual understanding through more visual and engaging presentation of material, thus contributing to increased learning motivation.
creator: Nimas Naila Maratus Sholehah
creator: Muhammad Kholil
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-11
publication date: 2026-07-11
volume: 4
number: 3
starting page: 1452
ending page: 1459
doi: 10.5281/zenodo.21853412

PROTECTION OF THE RIGHTS OF SUSPECTS DURING THE DETENTION PROCESS BASED ON THE CRIMINAL PROCEDURE CODE
type: item
description: As a nation governed by the rule of law, Indonesia has an obligation to guarantee the protection of human rights for every citizen, including those facing criminal proceedings, particularly during the detention phase, which constitutes the most intrusive form of coercion against individual liberty. This study aims to examine the regulations governing the rights of suspects during the detention process as specified in the Criminal Procedure Code and to analyze the forms of legal protection provided for these rights. This study employs a normative legal research method using both a statutory and a conceptual approach, with primary legal sources consisting of Law No. 20 of 2025 on the Criminal Procedure Code, the 1945 Constitution of the Republic of Indonesia, Law no. 48 of 2009 on Judicial Power, and the International Covenant on Civil and Political Rights. The research findings indicate that the New Criminal Procedure Code comprehensively regulates the rights of suspects in Article 142, covering the right to legal counsel from the arrest and detention stages, the right to contact family members, the right to health care, and the right to file a pretrial motion—the scope of which (both in terms of subject matter and eligible parties) has been significantly expanded—accompanied by stricter detention requirements through three cumulative conditions: objective, subjective, and formal criteria, including the mandatory appointment of a Preliminary Examination Judge. As for the forms of legal protection for the rights of suspects based on Philipus M. Hadjon's theory, they encompass two dimensions: preventive protection, realized through the mandatory appointment of a Preliminary Examination Judge, the guarantee of legal aid from the outset of the investigation, an absolute prohibition on torture as a non-derogable right, and a multi-layered oversight system through internal and external channels, as well as repressive protection realized through the strengthening of pretria…
creator: Nafilah Amalia
creator: Ardiyanti Aris
creator: Lilis Suryani
creator: Sunardi Purwanda
creator: Muhammad Darwis
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1631
ending page: 1641
doi: 10.5281/zenodo.21457774

Public Policy Effectiveness of PMAY-G in Tamil Nadu: An Assessment of Rural Housing and Social Welfare
type: item
description: Pradhan Mantri Awaas Yojana–Gramin (PMAY-G) has emerged as one of India's flagship rural housing programmes, aiming to provide safe, durable, and affordable housing to economically weaker rural households while promoting inclusive and sustainable development. This study evaluates the public policy effectiveness of PMAY-G in Tamil Nadu by assessing its contribution to rural housing improvement and social welfare outcomes. The research adopts a mixed-method approach, integrating quantitative data obtained from beneficiary households with qualitative insights gathered through interviews with local officials, Panchayat representatives, and beneficiaries. The analysis focuses on key policy dimensions, including beneficiary identification, transparency in implementation, financial assistance, housing quality, infrastructure convergence, and beneficiary satisfaction. The programme has also strengthened women's empowerment by encouraging property ownership in the names of women or jointly with spouses, thereby enhancing household decision-making and economic security. Despite these achievements, the study identifies challenges related to delays in fund disbursement, rising construction costs, regional disparities in implementation, shortages of skilled labour, and limited technical support during house construction.
creator: Dr. N. RAMESHKUMAR
creator: Mr. T. SATHISPRABU. M.A., M.Phil. SET., Ph.D
creator: Mr. R. VENKATESH. M.A., Ph.D
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-27
publication date: 2026-07-27
volume: 4
number: 3
starting page: 1768
ending page: 1774
doi: 10.5281/zenodo.21853442

Social Status Of Women In Kashmir Valley
type: item
description: Life patterns in Kashmir, particularly women's cosmologies, have been shaped by geopolitical, historical, religious, and socioeconomic influences. Women have endured a torturous, protracted journey through many phases, experiencing a range of highs and lows. Women are exalted in historical accounts that date all the way back to the 13th century A.D. In ancient periods, several queens served as independent sovereigns, queen-regents, or military leaders. However, a detailed examination of these narratives reveals the inherent prejudices and discrimination against women in the prehistoric social system. There is no way to defend them or even consider them honourable. This paper makes a modest attempt to examine the social status of women in the past as well as in the present .In the past, women were treated with decency and respect. During this time, there were female rishis who were well-respected. In royal homes, women were respected and had a significant influence on administrative and decision-making processes. They had a solid education across the board and were active in politics. There is no indication of women being hidden or covered up in Kashmir, and she goes around freely, mirroring the glittering, free-flowing waters of her nation's springs. By this period, women had transitioned from the domestic to the political sphere .in the present era women are showing remarkable performance in every aspect and are contributing very much towards the development of the society.
creator: Shabir Ahmad Lone
creator: Dr. E. Ravi
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-06-29
publication date: 2026-06-29
volume: 4
number: 3
starting page: 1351
ending page: 1356
doi: 10.5281/zenodo.21853511

THE DYNAMICS OF IMPLEMENTING THE SMALLHOLDER OIL PALM REPLANTING PROGRAM IN WEST PASAMAN REGENCY
type: item
description: The Smallholder Oil Palm Replanting Program (PSR) in West Pasaman Regency is implemented amid a high demand for replanting aging smallholder oil palm plantations. However, from 2018 to 2024, the realization program accounted for only approximately 2% of the area's total smallholder plantation potential. This gap indicates that support for the program has not been fully translated into implementation achievement. This study aims to analyze the dynamics of PSR implementation in West Pasaman Regency. A qualitative descriptive approach was employed, with data collected through in-depth interviews and document analysis. Informants were purposively selected based on their involvement in program implementation and included local government officials, program facilitators, farmer group administrators, and farmers. The data were analyzed thematically and interpreted through Hill and Hupe's policy implementation perspective. The findings show that farmers' high demand for replanting, the dissemination of program information through multiple actors, and government financial support have generated strong acceptance of the program. Nevertheless, land legality issues, disparities in the institutional capacity of farmer groups, and repeated document revisions within a multi-level verification mechanism constrain farmers' ability to access the program. This study argues that policy support is a necessary but insufficient condition for implementation achievement when administrative frictions and institutional capacity gaps impede the process of translating policy acceptance into actual access to the program.
creator: Annisa Zara
creator: Rahmadani Yusran
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-20
publication date: 2026-07-20
volume: 4
number: 3
starting page: 1604
ending page: 1611
doi: 10.5281/zenodo.21458326

THE URGENCY OF ECONOMIC EMPOWERMENT IN REALIZING LEGAL PROTECTION FOR CHILD VICTIMS OF SEXUAL VIOLENCE
type: item
description: Sexual violence not only causes momentary suffering but can also impact every aspect of a victim's life. The resulting trauma often affects the victim’s psychological, social, and emotional well-being in the long term and can even lead to a loss of hope and self-confidence needed to resume a normal life. Sexual violence must be understood as a serious issue because it not only harms individual victims but also has the potential to threaten the quality of a nation’s human resources and the sustainability of future generations. This study examines the urgency of economic empowerment in realizing legal protection for child victims of sexual violence. This study employs a normative legal research method through a literature review, utilizing secondary data from primary, secondary, and tertiary legal sources. This study finds that economic empowerment for child victims of sexual violence is expected to improve the victims’ living conditions through various efforts that support the enhancement of their quality of life, independence, and well-being. In this context, economic empowerment can be understood as an effort to build and strengthen the economic capacity of child victims and their families, giving them greater opportunities to lead better lives in the future. One form of economic empowerment that can be provided to child victims of sexual violence is support in the form of capital assistance. Access to capital is one of the most common obstacles faced by individuals who possess the talent, ability, and desire to become entrepreneurs. Providing capital support can be an effective means to help child victims develop their economic potential, increase their independence, and build a more prosperous future as part of legal protection efforts focused on the recovery and sustainability of their lives.
creator: Syaiful Asmi Hasibuan
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1691
ending page: 1697
doi: 10.5281/zenodo.21636912

A JURIDICAL ANALYSIS OF JUDGES' LEGAL CONSIDERATIONS IN DECISION NUMBER 1/PID.B/2026/PN SKT FROM THE PERSPECTIVE OF CRIMINAL PROCEDURAL LAW PRINCIPLES
type: item
description: Judges' legal considerations constitute a fundamental part of criminal decisions because they provide the juridical basis connecting facts established at trial with the operative part of the judgment. The quality of such legal considerations is essential for achieving legal certainty, justice, and utility in the criminal justice process. This study aims to analyze the legal considerations of the panel of judges in Decision Number 1/Pid.B/2026/PN Skt and to examine their conformity with the principles of Indonesian criminal procedural law. This research applies a normative legal method using statutory, case, and conceptual approaches. The legal materials consist of primary, secondary, and tertiary legal sources obtained through library research and analyzed qualitatively through deductive reasoning. The findings show that the judges' considerations were constructed on the basis of legal facts revealed at trial, valid evidence, and the fulfillment or non-fulfillment of the elements of the charged offence. The panel considered both juridical and non-juridical aspects in reaching its verdict and, in general, applied the principles of evidentiary assessment, presumption of innocence, in dubio pro reo, due process of law, and fair trial. Nevertheless, the formulation of legal arguments in criminal judgments should continue to be strengthened, particularly in explaining the relationship between legal facts, evidence, causality, mens rea, and the application of criminal procedural norms. This research is expected to contribute to the development of criminal procedural law and to serve as evaluation material for judges in formulating legal reasoning in criminal decisions.
creator: Awwab Yusroni
creator: Hanuring Ayu Ardhani Putri
creator: Yulian Dwi Nurwanti
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-11
publication date: 2026-07-11
volume: 4
number: 3
starting page: 1432
ending page: 1438
doi: 10.5281/zenodo.21853545

EXECUTORY POWER OF SETTLEMENT FOR FICTITIOUS CREDIT DISPUTES IN THE BANKING SECTOR THROUGH A MEDIATION APPROACH
type: item
description: The development of Islamic banking in Indonesia brings various challenges, one of which is the emergence of fictitious credit practices that can cause financial losses and damage public trust in Islamic financial institutions. Fictitious credit occurs when a debtor applies for financing using problematic documents and unauthorized collateral, resulting in losses for the bank. In this case, Debtor X submitted nine forms of collateral, consisting of six primary collaterals and three additional collaterals, which were later proven to belong to other parties. This situation led to a legal dispute because the collateral could not be executed. Through court-facilitated mediation, the parties reached an agreement to replace the three problematic collaterals with a new single collateral: land located in Purbalingga. This agreement was recorded in a deed of settlement, which holds executory power equivalent to a legally binding court decision. The research results show that settlement through mediation is more effective than litigation, as it is faster and more cost-efficient, while also aligning with sharia principles, namely ishlah (reconciliation). With the deed of settlement, the bank has a clear legal basis to execute the new collateral if the debtor defaults again.
creator: Muhammad Yusuf Nur Saifuddin
creator: Adhiningdyah Mulyani Taufiqs
creator: Mahmud
creator: Sabrina Nur Baiti
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1597
ending page: 1603
doi: 10.5281/zenodo.21853622

Rural Housing and Social Mobility: A District Level Study of PMAY-G in Tamil Nadu
type: item
description: Housing is a fundamental component of human development, contributing significantly to social security, economic stability, and overall quality of life. The Pradhan Mantri Awaas Yojana–Gramin (PMAY-G), launched by the Government of India in 2016, s eeks to provide pucca houses with basic amenities to all eligible rural households, thereby improving living standards and promoting inclusive rural development. This study examines the implementation and impact of PMAY-G at the district level in Tamil Nadu, with particular emphasis on its role in enhancing social mobility among rural beneficiaries. The research analyzes district-wise patterns of housing distribution, beneficiary selection, fund utilization, and completion rates, while assessing improvements in education, health, sanitation, employment opportunities, and social status resulting from access to secure housing. The study adopts a descriptive and analytical approach, utilizing secondary data obtained from government reports, census publications, PMAY-G dashboards, and district statistical handbooks. It also explores regional disparities in implementation and identifies the administrative, financial, and socio-economic factors influencing the scheme's effectiveness across districts. The findings indicate that PMAY-G has substantially improved housing conditions and access to essential services, contributing to greater socio-economic inclusion and upward social mobility among rural households. However, variations in implementation efficiency, delays in fund disbursement, and infrastructural challenges continue to affect outcomes in certain districts.
creator: Dr. N. RAMESHKUMAR
creator: Mr. T. SATHISPRABU. M.A., M.Phil. SET., Ph.D
creator: Mr. R. VENKATESH. M.A., Ph.D
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-27
publication date: 2026-07-27
volume: 4
number: 3
starting page: 1775
ending page: 1783
doi: 10.5281/zenodo.21853663

PROTECTION OF DIGITAL PRIVACY RIGHTS AS A HUMAN RIGHT AGAINST PERSONAL DATA MISUSE IN INDONESIA
type: item
description: The rapid development of information technology and internet usage has increased the risk of misuse of personal information in the digital space, in the form of data theft, dissemination, and utilization. This study aims to determine the form of protection of the right to privacy as a human right against misuse of personal data in Indonesia based on the Personal Data Protection Law. Using normative legal research with a legislative approach and a conceptual approach, the study results show that the Personal Data Protection Law has provided a legal basis for the rights of personal data subjects, the obligations of data controllers, and administrative and criminal sanctions for personal data violations. However, the implementation of the Personal Data Protection Law still faces various obstacles, such as low public awareness, weak supervision, and the persistently high number of personal data leaks. Therefore, it is necessary to strengthen supervision, law enforcement, and improve the digital literacy of the public to realize effective personal data protection in Indonesia.
creator: Faisal Fachri
creator: Ariy Khaerudin
creator: Nourma Dewi
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-05
publication date: 2026-07-05
volume: 4
number: 3
starting page: 1332
ending page: 1337
doi: 10.5281/zenodo.21853686

SUPERVISION OF THE USE OF FOREIGN WORKERS (TKA) IN THE FRAMEWORK OF REALIZING TECHNOLOGY TRANSFER AND SKILL TRANSFER FOR INDONESIAN WORKERS (TKI)
type: item
description: The objective of this research is to identify and understand: (1) The regulation of monitoring the use of foreign workers (TKA) to facilitate the transfer of technology and expertise to Indonesian workers (TKI) acting as counterparts; (2) The monitoring of foreign workers' use based on current legislation to achieve the realization of technology and expertise transfer to Indonesian workers/counterparts; (3) The integrated monitoring norms that can facilitate the implementation of technology and expertise transfer to counterpart workers/TKIs. This research is normative legal research. The approaches used are (1) the statutory approach and (2) the conceptual approach. The types and sources of legal materials include primary legal materials, secondary legal materials, and tertiary legal materials. The research findings indicate that: (1) The monitoring of foreign workers' use for the purpose of technology and/or expertise transfer to accompany Indonesian workers has not been comprehensively regulated in accordance with the applicable legal hierarchy, and the norms for the implementation of education and/or training for accompanying Indonesian workers to facilitate technology and expertise transfer have not yet been included in the category of repressive judicial actions. (2) The current monitoring of the use of foreign workers has not yet achieved the realization of technology and expertise transfer to accompany Indonesian workers, as the existing regulations place the responsibility for technology and/or skills transfer entirely on the employing companies, without provisions for collaboration between employers and educational and training institutions. (3) The integrated monitoring norms that can realize the implementation of technology and/or expertise transfer to Indonesian workers acting as counterparts should involve not only Immigration and the Competency Certification Institute but also the Ministry of Education, Culture, Research, and Technology as the regulato…
creator: Lalu Husni
creator: Ani Suryani Hamzah
creator: RR. Cahyowati
creator: Khairul Umam
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-10
publication date: 2026-07-10
volume: 4
number: 3
starting page: 1543
ending page: 1552
doi: 10.5281/zenodo.21853713

E-KTP SERVICES AT THE POPULATION AND CIVIL REGISTRATION SERVICE OF SOUTH LABUHANBATU REGENCY
type: item
description: The Electronic Identity Card (e-KTP) issuance service is one of the population services provided by the Department of Population and Civil Registration to fulfill the public's need for an official identity document. In its implementation, several obstacles still affect the service delivery process. This study aims to analyze the implementation of e-KTP issuance services and identify the factors that hinder their implementation at the Department of Population and Civil Registration of South Labuhanbatu Regency. This study employed a descriptive qualitative research method. Data were collected through observation, interviews, and documentation. The results show that the e-KTP issuance service has been implemented in accordance with the Standard Operating Procedures (SOP). Service officers provide courteous, responsive, and responsible services, supported by adequate facilities and infrastructure. However, the service has not been fully optimal due to several obstacles, including limited public understanding of service procedures, shortages of e-KTP card blanks, network disruptions, and the persistence of brokerage practices. Therefore, greater efforts are needed to improve public outreach, strengthen coordination regarding the provision of e-KTP card blanks, enhance network reliability, and strengthen supervision to prevent brokerage practices in order to improve the implementation of e-KTP issuance services.
creator: Devi Wahyu Ningsy
creator: Teuku Alfiady
creator: Lisa Iryani
creator: Nurhafni
creator: Ahmad Yani
rights: Copyright (c) 2026 Journal of International Islamic Law, Human Right and Public Policy
date: 2026-07-26
publication date: 2026-07-26
volume: 4
number: 3
starting page: 1698
ending page: 1710
doi: 10.5281/zenodo.21853751