Journal of Indonesian Comparative of Syari'ah Law

THE RENEWAL OF THE EVIDENTIARY PROCESS FOR THE CRIMINAL ACT OF SUPERNATURAL PRACTICES

Meitria Cahyani — 2025-12-10

The practice of supernatural rituals in Indonesia continues despite advancements in science and technology, with various cases of fraud and abuse harming society, such as the cases involving shamans in Sukabumi and Yono. To address this issue, the government has regulated it under Article 252 of the 2023 Criminal Code (KUHP), which will take effect in 2026, aiming to curb harmful practices and prevent vigilante actions, although challenges in proving such offenses remain a major obstacle. This study employs a normative juridical approach, utilizing legal analysis and literature review methods related to evidentiary law in criminal offenses. Additionally, it examines the legal framework surrounding supernatural practices as a criminal act and how evidence is established under Article 252 of Law Number 1 of 2023 concerning the Criminal Code. The findings reveal that shamanic offenses were previously regulated under Articles 545 to 547 of the existing Criminal Code, but these provisions have been found inadequate in addressing harmful supernatural practices and fail to provide a deterrent effect due to lenient penalties.

THE DILEMMA OF DUAL OVERSIGHT BETWEEN THE KPK AND SOES IN HARMONIZING ACCOUNTABLE AND TRANSPARENT STATE CORPORATE GOVERNANCE

Amirullah — 2025-12-10

This study aims to analyze the dilemma of dual oversight between the Corruption Eradication Commission and State-Owned Enterprises within Indonesia’s positive legal framework. The core issue arises from overlapping authorities following the amendment of Law No. 19 of 2019 concerning the Corruption Eradication Commission, which created disharmony between public oversight functions and corporate autonomy. The research employs a normative juridical method with statutoryand conceptual approaches. The findings reveal that the intersection between the Corruption Eradication Commission Law and the State-Owned Enterprises Law has caused authority fragmentation and normative confusion in the state financial supervision system. This condition weakens Corruption Eradication Commission independence and increases the risk of impunity in state corporate management. The study recommends legal reform through the establishment of an integrated legal framework that strengthens inter-agency coordination and regulatory harmonization across sectors. In conclusion, aligning the legal frameworks governing Corruption Eradication Commission and State-Owned Enterprises oversight is essential to reinforce anti-corruption effectiveness and to realize a transparent, accountable, and equitable governance system for state enterprises.

ANALISIS POTENSI PELANGGARAN ETIKA DAN HUKUM DALAM PRAKTIK PODCAST JURNALISTIK DI INDONESIA

Muhammad Alberto Persada Persada — 2025-12-10

Advances in digital technology have given rise to a new form of innovation in the world of journalism, namely journalistic podcasts. However, the emergence of this format also has the potential to give rise to various ethical and legal violations in its implementation. The purpose of this study is to analyze and provide input for journalistic podcast practitioners to avoid potential ethical and legal violations. The research method used is a normative research method. The research findings indicate that journalistic podcast practitioners have the potential to commit ethical violations, including failing to verify and confirm information sources, failing to adhere to the principle of balance, failing to respect the privacy of others and the identity of children, failing to immediately retract and correct erroneous and inaccurate podcast content with an apology, and failing to provide the right of reply and correction proportionally. Potential legal violations by journalistic podcast practitioners include defamation and slander, the spread of false or fabricated news, violations of personal data, hate speech, and copyright infringement.

PERLINDUNGAN MEREK TERDAFTAR TERHADAP PELANGGARAN DI MARKETPLACE DIGITAL DI INDONESIA

Narayana Khamil — 2025-12-10

The rapid development of digital technology has transformed trade transaction patterns, particularly through marketplace platforms. However, this phenomenon also presents challenges to the legal protection of registered trademarks, especially regarding infringements committed by irresponsible parties. This study aims to examine the concept and legal basis of trademark protection in Indonesia, identify the various forms of trademark infringement occurring in digital marketplaces, and analyze the liability of marketplace operators for infringements committed on their platforms. In addition, this research discusses the legal remedies and dispute resolution mechanisms available to trademark owners. The research method employed is normative juridical with a qualitative approach, based on an analysis of legislation and secondary sources such as journals, books, and official websites. The findings of this study indicate that the trademark protection system in Indonesia, particularly through the implementation of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, provides a strong legal foundation for trademark owners to enforce their rights. Nevertheless, the effectiveness of such protection largely depends on the awareness, active participation of trademark owners, and the responsibility of marketplace operators in preventing and addressing infringements within the digital sphere.

STATELESS PERSON DAN KEJAHATAN PERANG DI PALESTINA PERSPEKTIF HUKUM HUKUM HUMANITER INTERNASIONAL

Asa Barno Happy Ramadhany — 2025-12-10

The purpose of this study is to analyze the status and protection of stateless persons affected by prolonged war. Stateless persons in Palestine are at high risk due to armed conflict, especially since they are not protected by any country and no one guarantees their human rights. This study uses a normative legal methodology by examining library materials to explore why and how the status and protection of stateless persons in Palestine is determined. This method is useful for identifying legal rules, principles, and doctrines to address the legal issues in this study. The results of the study show that there is a huge normative and practical gap. Although international humanitarian law provides a very solid framework, its effectiveness is limited due to Israel's non-compliance with international law. This reflects the imbalance between legal norms and the reality of enforcement and implementation, as well as the need to draft and ratify a Citizenship Law for all stateless persons in the world that is internationally recognized to strengthen the protection of international stateless persons in future armed conflicts, then amend the protocol on stateless persons in the 1949 Geneva Convention, and increase the active role of ICC State Parties, UNHCR and ICRC in fighting for the protection of stateless persons in conflict zones.

KEDUDUKAN ASET DIGITAL DALAM KEWARISAN PERSPEKTIF HUKUM PERDATA

Nadela Nurima — 2025-12-10

The digital transformation has introduced new forms of wealth in the form of digital assets, such as cryptocurrency, NFTs, e-wallets, and social media accounts. The existence of these assets raises legal challenges in the context of inheritance law in Indonesia, since the Indonesian Civil Code (KUHPerdata) does not explicitly regulate them. This study aims to analyze the legal status of digital assets as inheritance objects and evaluate the mechanisms of their transfer under Indonesian civil law. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings reveal a legal vacuum that causes uncertainty for heirs, particularly due to the discrepancy between the Civil Code provisions and the privacy policies of global digital platforms. This study recommends a progressive interpretation of Articles 499, 503, 830, 832, and 833 of the Civil Code to include digital assets as inheritance objects, as well as the establishment of national regulations governing digital inheritance, including digital wills and the appointment of digital executors. Thus, the study is expected to contribute both academically and practically to the development of inheritance law in Indonesia, making it more adaptive to technological advancements.

PENGARUH STRUKTUR MODAL DAN CASH FLOW TERHADAP KINERJA KEUANGAN PADA KOPERASI KREDIT SANGOSAY PERIODE 2019-2023

Rini Indhyra Khumaerah — 2025-12-10

Cooperatives play a vital role in driving national economic growth through the application of the principles of mutual cooperation and kinship. One cooperative that has significantly contributed to improving community welfare is the Sangosay Credit Cooperative, which operates in the East Nusa Tenggara region. However, in the 2019–2023 period, this cooperative experienced fluctuations in financial performance due to imbalances in capital structure and cash flow, particularly during the COVID-19 pandemic. This study aims to examine the effect of capital structure and cash flow on the financial performance of the Sangosay Credit Cooperative. The study used a quantitative approach with multiple linear regression analysis based on secondary data from five years of financial statements. The results of the analysis indicate that partially, capital structure and cash flow have a negative and significant effect on financial performance. Meanwhile, simultaneously, both variables have a significant effect with a calculated F value of 7.421, which is greater than the F table of 0.955 and a significance level of 0.050. These findings confirm that effective management of capital structure and cash flow plays a crucial role in maintaining financial stability and improving the operational efficiency of cooperatives.

PELEPASAN KONDOM TANPA PERSETUJUAN (STEALTHING): ANALISIS YURIDIS PELANGGARAN OTONOMI SEKSUAL DAN UNSUR KEKERASAN SEKSUAL

Risky Waldo — 2025-12-10

The practice of nonconsensual condom removal or stealthing represents a form of sexual violence that has garnered intensive attention in international legal discourse, yet remains inadequately recognized within the Indonesian legal system. This research aims to analyze the juridical construction of stealthing as a violation of sexual autonomy and evaluate the adequacy of Indonesia's criminal law framework in accommodating such practice. Employing normative legal research methodology with statutory, conceptual, and comparative approaches, this study examines the Sexual Violence Crimes Law, the new Criminal Code, and regulations from various progressive jurisdictions. Research findings indicate that stealthing can be constructed as sexual violence violating sexual and reproductive autonomy through conditional consent theory and reproductive coercion framework. However, normative constructions in existing legislation do not explicitly accommodate this practice, resulting in legal vacuum. This research recommends legislative revision by adding specific provisions regarding stealthing, reformulation of consent concept, strengthening victim protection mechanisms, comprehensive sexuality education, and capacity building for law enforcement officials to provide adequate legal protection for victims.

The Impact of International Organization of Securities Commissions (IOSCO) Principles on Sukuk

Suhaili bin Momin — 2025-12-10

In this century, local financial systems have faced unprecedented turmoil since the Global Financial Crisis (GFC) 2008, exacerbated by the COVID-19 pandemic even more severe according to several indicators. Regulatory failures linked to market failures provide the economic rationale for interventions, including additional regulations, though these often result in higher costs and lower benefits than anticipated, leading to net harmful effects. The International Organization of Securities Commissions (IOSCO) serves as a global partnership of regulatory bodies to establish standards for efficient, orderly, and fair markets. This study analyzes the impact of IOSCO Core Principles on the development of Sukuk—Shariah-compliant bonds that have grown rapidly over the past two decades. While flexible for conventional markets, their application to Shariah securities remains uncertain. Using a comprehensive analytical approach, this research evaluates the compatibility of IOSCO principles with Islamic financial products, demonstrating that structural adjustments and adaptive regulations can enhance the credibility, transparency, and sustainable growth of Sukuk. The findings emphasize coordination among regulators for an inclusive supervisory framework that integrates Shariah principles with global standards, promoting the fair integration of Islamic financial markets into the global system.

PERLINDUNGAN HUKUM BAGI DOKTER DALAM PENGUNGKAPAN RAHASIA MEDIS UNTUK TUJUAN ASURANSI KESEHATAN: STUDI PERBANDINGAN INDONESIA DAN MALAYSIA

Yeni Vitrianingsih — 2025-12-20

This study aims to analyze and compare the legal protection mechanisms provided to physicians in Indonesia and Malaysia regarding the disclosure of medical confidentiality for insurance purposes. This study uses a normative juridical method with a statutory and comparative approach. Data were collected through a literature review of the Medical Practice Act, data confidentiality regulations, and Code of Ethics Council guidelines in both countries. The results show that Indonesia tends to provide conditional protection, where disclosure of confidentiality is mandatory based on the patient's written consent (informed consent) or statutory mandate, placing physicians at legal risk if such consent is not specific. Meanwhile, Malaysia, through the Personal Data Protection Act (PDPA) and related regulations, offers a more explicit protection framework for physicians if disclosures are made in accordance with hospital standard operating procedures (SOPs) and insurance policy terms, although this remains open to interpretation. In conclusion, regulatory harmonization in Indonesia is needed to clarify the boundaries and standard procedures for disclosing medical confidentiality to third parties (insurance companies), in order to provide greater certainty and protection for medical professionals.

THE JURIDICAL CONSEQUENCES OF CORPORAL PUNISHMENT BY TEACHERS AND PARENTAL LEGAL COMPLAINTS IN THE CONTEXT OF CHILD PROTECTION ACT

Muhammad Khoiru Royyan — 2025-12-20

This study aims to analyze the juridical implications of the reporting of student guardians to teachers related to the practice of corporal punishment in the educational environment. This study is a normative legal research. The approach used is a legislative approach, which focuses on analyzing the applicable regulations. The primary legal source in this study is the Child Protection Law and Education policy. The data was analyzed using thematic analysis techniques. The results of the review show that the legal implication of the student's parents' reporting to the teacher is the blurring of the meaning of "violence against children" in Law Article 76C jo. Article 80 of Law No. 35 of 2014. This is due to the absence of the limitation of violence referred to by the Law in the implementation of physical punishment against students. So that it gives rise to interpretations that are not in accordance with the mandate of the Law. Another implication is the overlap with article 39 paragraphs 1 and 2, Law No. 14 of 2005 concerning Teachers and Lecturers, which states that teachers are protected by law in carrying out their profession.

BRIDGING SUNNI-SHIA THOUGHT THROUGH RATIONALITY AND SPIRITUALITY IN ABU HANIFAH AND JA’FAR AL-SADIQ

Farida Syarifah — 2025-12-10

This study aims to explore and compare the legal reasoning, epistemological frameworks, and spiritual orientations of Abu Hanifah and Imam Ja’far al-Shadiq as foundational figures in Sunni and Shia jurisprudence. Using a qualitative-descriptive and comparative textual analysis, this research examines classical and secondary sources related to both scholars methodologies, focusing on how rationality (‘aql) and spirituality interact within their legal thought. The findings reveal that Abu Hanifah developed a rational, context-based approach through qiyas, ra’y, and istihsan, emphasizing flexibility and social relevance in legal interpretation. In contrast, Imam Ja’far al-Shadiq grounded his thought in the theological authority of the Imamate, integrating reason and revelation under the spiritual guidance of the Ahl al-Bayt. Despite their different theological orientations, both figures share a commitment to reason, moral integrity, and independent judgment (ijtihad). The study concludes that their approaches, though distinct, are complementary bridging Sunni and Shia traditions through a synthesis of rationality and spirituality that remains relevant for the renewal of Islamic law in the modern era.

The THE SUWUK TRADITION USING ACCESSORIES WITH THE RECITATION OF THE QUR'AN

Waliyuddin Yusuf — 2025-12-10

The Javanese ethnic community is very familiar with and familiar with the tradition of wearing accessories accompanied by Quranic recitation. This issue has been a topic of discussion among Middle Eastern scholars. Yusuf al-Qaraḍawī and ʿAbd al-ʿAzīz ibn ʿAbd Allāh ibn Bāz have their respective opinions on this phenomenon.The author used descriptive qualitative research techniques based on a literature review. The data sources for this study consisted of primary sources, namely the book "Exploring the Unseen Realm" by Yusuf al-Qaraḍawī, the Book of Latest Fatwas by Yusuf al-Qaraḍawī, and the Book of Majmu' Fatawa by ʿAbd al-ʿAzīz ibn ʿAbd Allāh Ibn Bāz. The results of this study conclude: first, to understand the tradition of suwuk using accessories accompanied by Quranic recitation, including the procedures for the practice of suwuk among the Javanese. Second, according to Yusuf al-Qaraḍawī's perspective, suwuk is permitted based on the principle of bi al-ḥikmah, which begins with his istinbāṭ method. However, according to ʿAbd al-ʿAzīz ibn ʿAbd Allāh Ibn Bāz's perspective, the occurrence of suwuk is absolutely forbidden based on textual evidence that is characteristic of his istinbāṭ method using the Qur'an and hadith.

MODEL INOVATIF TA’ARUF DIGITAL: STUDI KASUS PADA PROGRAM TA’ARUF SEKOLAH PRANIKAH NURUL ASHRI DALAM PERSPEKTIF HUKUM KELUARGA ISLAM

Savvy Dian Faizzati — 2025-12-10

This study aims to analyze the innovative BisaTa’aruf model developed by SPN, evaluate its normative and empirical implementation from the perspective of Islamic family law (fiqh al-munākahāt), and measure its effectiveness in supporting the realization of a harmonious family (sakinah, mawaddah, wa rahmah). The research employs a qualitative design with a normative-empirical approach, using field observations, structured interviews, and secondary data from digital publications and official documentation.The findings reveal three key innovations: (1) the mandatory premarital classes (Kelas Jadi Istri and Kelas Jadi Suami) that equip participants with spiritual, psychological, and financial readiness; (2) the facilitation of digital ta’aruf under the supervision of trained mediators or administrators as third parties; and (3) a flexible nadzar mechanism, conducted either online or offline, within the boundaries of Islamic law. From the perspective of fiqh, this model aligns with the principles of sadd al-dharī‘ah (blocking the means to immorality) and iḥtiyāt (caution), and has proven effective with more than 12,000 ta’aruf processes facilitated and 54 marriages successfully realized.

ANALISIS PRINSIP AL-ADALAH DALAM PUTUSAN PTUN NOMOR 604/G/2023/PTUN.JKT

Nuriyanti Nuriyanti — 2025-12-10

The decision of the Jakarta State Administrative Court (PTUN) in Case Number 604/G/2023/PTUN.JKT, which annulled the Presidential Decree reappointing Anwar Usman as Chief Justice of the Constitutional Court, has sparked public debate regarding ethical governance and the principle of justice in state administration. This study aims to analyze the concept of justice (al-ʿadālah) from the perspective of siyāsah dustūriyyah and how it is reflected in the court's legal considerations. Using a normative juridical method with a qualitative approach, this research examines the alignment between Islamic constitutional theory and the values upheld in the PTUN ruling. The findings reveal that the judges emphasized impartiality, moral integrity, and the protection of public trust in state institutions—principles that resonate with the Islamic vision of justice, where leaders must be free from conflicts of interest and accountable for public duties. The study concludes that the PTUN decision embodies aspects of administrative justice that are in harmony with Al-Adalah ethics, and it highlights the critical role of legal oversight in preventing abuse of executive power in high-level appointments.

MU’ARADHAH DALAM SISTEM DEMOKRASI MULTI PARTAI MENURUT PEMIKIRAN YUSUF AL-QARADHAWI

Fikri Afdhal — 2025-12-10

In modern democratic practice, opposition is often perceived as a threat to political stability, especially in Muslim-majority countries. However, in the context of contemporary Islamic thought, opposition holds its own legitimacy. This study explores how Yūsuf al-Qaraḍhāwī conceptualizes mu‘āraḍhah (opposition) within a multi-party democratic system. The purpose of this research is to analyze al-Qaraḍhāwī’s perspective on political opposition as a means of controlling power in accordance with Islamic law. This study employs a library research method using a qualitative-descriptive approach by examining al-Qaraḍhāwī’s works and related literature. The findings reveal that, according to al-Qaraḍhāwī, mu‘āraḍhah is not a form of rebellion against the ruler, but rather a legitimate form of political participation that fulfills the Islamic obligation of enjoining good and forbidding evil (amr bi al-ma‘rūf wa nahy ‘an al-munkar), while preventing abuse of power. A multi-party system that accommodates peaceful opposition is compatible with Islamic values, provided it is constructive, avoids slander, and does not cause division among the Muslim community. Therefore, the concept of mu‘āraḍhah should be developed as a shar‘ī mechanism to balance authority and political morality in the framework of Islamic democracy.

KEWENANGAN KEUCHIK DALAM PENERBITAN SURAT KETERANGAN TANAH DALAM PERSPEKTIF SIYASAH IDARIYAH

Geunta Farabi Yuzka — 2025-12-10

With a focus on the decision of the Administrative Court (PTUN) Banda Aceh Number 25/G/2024/PTUN.BNA from the perspective of fiqh siyasah idariyyah. The main issue raised is the abuse of authority by the keuchik who issued an SKT beyond his jurisdiction, resulting in land ownership disputes and legal uncertainty for the community. The research method employed is normative-juridical with statutory, case, and conceptual approaches. The findings show that the PTUN Banda Aceh decision serves as both an administrative correction and judicial oversight of the keuchik’s actions. From the perspective of fiqh siyasah idariyyah, the ruling reflects the implementation of the principles of justice (al-ʿadālah), public interest (al-maṣlaḥah al-ʿāmmah), and the specialization of functions (takhṣīṣ al-wazīfah). By annulling the legally flawed SKT, the court not only protects the rights of aggrieved individuals but also strengthens village governance toward greater accountability and compliance with good governance principles. In conclusion, the integration of Indonesian positive law and the values of fiqh siyasah idariyyah provides an essential foundation to prevent the misuse of authority at the village level and to safeguard justice and public welfare.

TINJAUAN SIYASAH MALIYAH DALAM PENGELOLAAN DANA RETRIBUSI PARKIR DI KOTA BANDA ACEH

Wira Asfahani Merina — 2025-12-10

This study aims to examine the management of parking retribution in Banda Aceh City within the framework of siyasah maliyah as a branch of Islamic public finance governance. Normatively, the study is based on the premise that every fiscal policy in Islam must adhere to the principles of justice, trustworthiness, transparency, accountability, and public welfare. The research employs a qualitative method through a library study approach, analyzing both classical and contemporary literature on fiqh siyasah, as well as local regulations, particularly Qanun No. 3 of 2021 and Mayor Regulation No. 22 of 2024. The findings indicate that although the regulatory framework is well established and the digitalization of the parking system has been initiated, the implementation of siyasah maliyah principles remains inadequate. Weak monitoring, the persistence of illegal levies, and the unequal distribution of benefits are still prevalent. The study concludes that reinforcing Sharia-based governance is essential so that parking retribution serves not only as a fiscal instrument to increase local revenue but also as a means of ensuring equitable economic distribution and improving public services in line with Islamic principles.