Journal of Legal, Political, and Humanistic Inquiry
type: channel
description: Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal publishing articles in law, political science, and the humanities. It is published quarterly (March, June, September, and December), operates under a full open access policy with a CC BY-SA 4.0 license, and charges no article processing fees (APC). Published by CV Scripta Intelektual Mandiri, Custodia accepts manuscripts in English or Indonesian that meet scholarly and ethical standards.
publisher: CV SCRIPTA INTELEKTUAL MANDIRI
language: en
publication name: Journal of Legal, Political, and Humanistic Inquiry
issn: 3123-2116
items: Conversion of Agricultural Land for PSN (National Strategic Project) Infrastructure Development: Analysis of Spatial Planning Law and Land Acquisition for the Probowangi Toll Road
items: Study on the Governance of Goods and Services Procurement (PBJ) for Raw Water Projects: The Friedman Legal System Approach (Study of Kupang District Court Decision No. 26/Pid.Sus-Tpk/2025/Pn.Kpg)
items: The Application of FIDIC-Based Construction Contracts in Indonesian Toll Road Projects: A Normative Study of the Construction Services Law
items: The Intersection of Criminal Law and Family Protection and Harmony in the Criminalization of Behavior under the New Criminal Code
items: Disaster Management Governance From A Public Administration Perspective: Evidence From Deli Serdang Regency, North Sumatra, Indonesia
items: https://scriptaintelektual.com/custodia/article/view/674
items: Deforestation and the Ecological Crisis in Kalimantan: The Impact of Land Clearance Regulations on Community Welfare and Social Conflict
items: The Concept of Hadhanah in Islamic Law and Its Implementation in the Compilation of Islamic Law in Indonesia
items: Indonesia-Australia Cooperation Through the World Mosquito Program Case Study on Dengue Fever Control in Bandung City 2023–2024
items: The Effect of Education Level on the Performance Quality of Village Officials in Kacangan, Tambakrejo District, Bojonegoro Regency
items: Deconstruction of the Principle of Legal Certainty in Indonesian Labor Regulations
items: Ethics and Integrity of Public Officials: A Case Study of Land Deed Forgery by the Former Acting Mayor of Tanjungpinang
items: Interfaith Inheritance in the Perspective of Islamic Law and the Compilation of Islamic Law: A Normative Analysis of Court Decisions in Indonesia
items: Distribution of Inheritance in the Perspective of Islamic Law, Customary Law, and Civil Law in Indonesia
items: Legal Measures to Prevent Disputes Against Debtors Who Transfer Home Ownership Loans Through Cessie
items: Religious Differences Are Not an Obstacle to Inheritance According to Civil Law
items: The Wisdom of Zakat in the Perspective of Islamic Law: A Philosophical Analysis of the Relationship between Humans, Wealth, and God
items: The Principle of Eternal Benefits in Waqf Law: A Philosophical Analysis and Its Implications for Community Empowerment
items: Identity Politics in the 2020 Surabaya Regional Elections: Its Impact on Political Dynamics, Social Stability, and National Integration
items: The Position of Children Born from Artificial Womb Technology in the Perspective of Islamic Family Law in Indonesia
items: Political Branding “Gemoy”: Image Construction of Prabowo Subianto–Gibran Rakabuming in the 2024 Presidential Election
items: Reconstruction of Alimony Obligations in the Household: A Normative Legal Analysis of the Role of the Wife as Breadwinner in Islamic Law
items: Comparative Study Between Ad Hoc Arbitration and Institutional Arbitration in the Process of Appointing Arbitrators and Its Impact on Arbitration Cases
items: The Impact of Apple Inc. as a TNC on the Competitiveness and Development of Local Advan Products in Indonesia
items: Withdrawal of Claims in Arbitration Dispute Resolution Practice
items: Reconstruction of Custody Rights in Islamic Family Law: A Legal Analysis of Granting Child Custody to Fathers After Divorce
items: Protection of Children's Rights After Divorce: Perspectives from Islamic Family Law and the Compilation of Islamic Law
items: Corporate Crime in the Bank Indonesia Liquidity Assistance (BLBI) Case: Legal Analysis of Irregularities, Legal Accountability, and Impact on State Finances
items: Litigation Procedures: Dispute Resolution Mechanisms at the National Sharia Arbitration Board
items: Arbitrator Reasoning: Evidence Assessment Standards in Sharia Arbitration

Conversion of Agricultural Land for PSN (National Strategic Project) Infrastructure Development: Analysis of Spatial Planning Law and Land Acquisition for the Probowangi Toll Road
type: item
description: The construction of the Probolinggo–Banyuwangi Toll Road (Probowangi) as part of Indonesia’s National Strategic Projects (Proyek Strategis Nasional/PSN) reflects a complex interaction between spatial planning law, agricultural land protection, land acquisition regimes, and the doctrine of public interest. This study aims to analyze the implementation of spatial planning law in the Probowangi Toll Road project, examine the legal implications of agricultural land conversion, and assess the juridical justification of public interest within the PSN framework. This research employs normative legal research using statutory, conceptual, and case approaches. The findings reveal a normative tension between Law No. 26 of 2007 on Spatial Planning, Law No. 41 of 2009 on Sustainable Agricultural Land Protection (LP2B), and Law No. 2 of 2012 on Land Acquisition for Public Interest, particularly concerning the conversion of productive agricultural land. The administrative reinforcement of PSN acceleration through Ministerial Regulation No. 16 of 2025 strengthens central government intervention but potentially reduces regional authority in spatial control. This study argues that regulatory harmonization is essential to ensure that infrastructure development aligns with principles of spatial justice, food security, and protection of land rights.
subject: Articles
  topic: section
subject: Land Conversion, Spatial Planning, Land Procurement, National Strategic Project, Legal Harmonization.
  topic: keywords
creator: Kodrat Insany Taqwim
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-02-15
publication date: 2026-02-15
starting page: 392
ending page: 403
doi: 10.65310/baqybf18

Study on the Governance of Goods and Services Procurement (PBJ) for Raw Water Projects: The Friedman Legal System Approach (Study of Kupang District Court Decision No. 26/Pid.Sus-Tpk/2025/Pn.Kpg)
type: item
description: This study examines the governance of construction procurement for a raw water project through Lawrence M. Friedman’s legal system framework, using the District Court for Corruption Crimes in Kupang Decision No. 26/Pid.Sus-TPK/2025/PN.Kpg as the core legal material. Employing doctrinal legal research with statute, conceptual, and case approaches, the analysis treats the court decision not merely as an adjudicative outcome but as an institutional artifact reflecting systemic interactions among legal substance, legal structure, and legal culture. The findings demonstrate that procurement corruption emerges from a cumulative process in which regulatory discretion and fragmented norms enable procedural deviations to escalate into criminal liability. Structural weaknesses are reflected in disrupted accountability chains, limited early detection mechanisms, and ineffective supervisory coordination across procurement actors. Cultural dynamics further intensify risk through the normalization of informal practices, compliance understood as administrative formality, and integrity deficits in bureaucratic decision-making. The study contributes theoretically by refining Friedman’s framework for procurement governance analysis and methodologically by triangulating statutory norms, judicial reasoning, and governance literature to generate prescriptive reforms targeting normative coherence, institutional strengthening, and cultural transformation.
subject: Articles
  topic: section
subject: Procurement Governance, Construction Procurement, Friedman Legal System, Raw Water Project, Corruption Case.
  topic: keywords
creator: Kodrat Insany Taqwim
rights: Copyright (c) 2025 Journal of Legal, Political, and Humanistic Inquiry
date: 2025-12-31
publication date: 2025-12-31
starting page: 367
ending page: 385
doi: 10.65310/khyppj64

The Application of FIDIC-Based Construction Contracts in Indonesian Toll Road Projects: A Normative Study of the Construction Services Law
type: item
description: The application of FIDIC-based construction contracts in Indonesian toll road projects raises significant normative questions regarding their compatibility with the national legal framework. This study employs a normative legal approach, combining statutory, conceptual, and comparative analyses to examine the alignment between FIDIC contractual structures and Indonesian Construction Services Law, the Civil Code, and the Arbitration Act. The findings indicate that while FIDIC reflects common law traditions emphasizing party autonomy, detailed risk allocation, and multi-tier dispute resolution mechanisms, Indonesian law imposes mandatory norms that limit contractual freedom in the interest of public order and legal certainty. Normative tensions primarily arise in clauses concerning risk distribution, variations, claims management, and the finality of dispute board and arbitral decisions. Nevertheless, these tensions do not render FIDIC inapplicable. Instead, adaptive drafting and systematic interpretation enable its integration within the Indonesian civil law system. Proper harmonization ensures that FIDIC contracts remain legally valid while supporting efficiency, certainty, and accountability in the delivery of strategic toll road infrastructure projects.
subject: Articles
  topic: section
subject: FIDIC Contract, Construction Law, Toll Road Projects, Dispute Resolution, Normative Harmonization.
  topic: keywords
creator: Kodrat Insany Taqwim
creator: Samián Samián
creator: Dwi Edi Wibowo
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-02-12
publication date: 2026-02-12
starting page: 364
ending page: 381
doi: 10.65310/vfhfek84

The Intersection of Criminal Law and Family Protection and Harmony in the Criminalization of Behavior under the New Criminal Code
type: item
description: This study examines the intersection of criminal law and the protection and harmony of the family within the context of behavioral criminalization under the new Indonesian Criminal Code (KUHP Baru). Using a normative-juridical approach, the research analyzes statutory provisions, particularly Articles 34 and 43 concerning self-defense and excess defense (noodweer excess), alongside doctrinal and comparative legal literature. The study highlights the tension between legal formalism and social realities, emphasizing that defensive acts aimed at protecting family members, even with fatal consequences, can possess legal legitimacy if proportionality, psychological pressure, and familial obligations are considered. Findings indicate that a contextual, teleological, and systemic interpretation is essential to align criminal law enforcement with family protection and social morality. The research contributes theoretically by clarifying the legal boundaries of self-defense in familial contexts and methodologically by proposing an integrative analytical framework for balancing criminal liability with family harmony.
subject: Articles
  topic: section
subject: Criminalization, Family Protection, New Criminal Code, Self-Defense, Noodweer Exces.
  topic: keywords
creator: Azka Syifaul Maula
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-02-08
publication date: 2026-02-08
starting page: 352
ending page: 363
doi: 10.65310/k8ap0633

Disaster Management Governance From A Public Administration Perspective: Evidence From Deli Serdang Regency, North Sumatra, Indonesia
type: item
description: This study examines disaster management governance in Deli Serdang Regency, North Sumatra, from a public administration perspective, emphasizing disaster governance as an administratively embedded and multi-dimensional process rather than a purely technical function. Using a qualitative descriptive case study design, the research analyzes how institutional arrangements, administrative capacity, inter-agency coordination, community participation, and accountability interact in shaping local disaster management practices, with particular attention to the 2025 flood events. Data were collected through document analysis, secondary data review, and targeted literature analysis, and were examined using thematic analysis guided by public administration and collaborative governance theories. The findings indicate that while formal disaster management institutions and policies are in place, governance practices remain largely reactive, with limited emphasis on preparedness, mitigation, and long-term risk reduction. Administrative capacity constraints, fragmented coordination, under-institutionalized collaboration, and minimal community involvement in planning processes significantly restrict governance effectiveness
subject: Articles
  topic: section
subject: Accountability, Administrative capacity, Collaborative governance, Disaster management, Public administration.
  topic: keywords
creator: Ade Wahyuni Azhar
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-02-05
publication date: 2026-02-05
starting page: 339
ending page: 351
doi: 10.65310/3p01v749

https://scriptaintelektual.com/custodia/article/view/674
type: item
title: Empowering Local Communities in the Development of Cikolelet Tourism Village Based on Serang Regency Regulation Number 8 of 2014 concerning the Master Plan for Tourism Development in Serang Regency for 2014-2025
description: This study examines local community empowerment in the development of Cikolelet Tourism Village in Serang Regency based on Regional Regulation Number 8 of 2014 concerning the Master Plan for Tourism Development of Serang Regency 2014–2025. The development of tourism villages is intended to optimize cultural potential and local wisdom in order to enhance the economic and social welfare of the community, as well as to serve as a strategy for poverty alleviation through job creation and the strengthening of micro, small, and medium enterprises (MSMEs). The research focuses on the implementation of local community empowerment and the obstacles encountered in the development of the tourism village. This study employs the Theory of Development Law and the Welfare State Theory, using a juridical-empirical method with a descriptive qualitative approach. The findings indicate that community empowerment has been carried out through institutional establishment, basic tourism training, and community involvement in activities based on local potential. However, its implementation has not yet been optimal due to uneven community participation. Major constraints include limited funding, weak intersectoral coordination, low levels of community participation, and limited access to information and technology, which ultimately hinder the optimal development of community capacity.
subject: Articles
  topic: section
subject: Local Empowerment, Local Regulations, Master Plan, Tourism Policy, Tourism Village.
  topic: keywords
creator: Sultan Cesar Khadafi
creator: Ikomatussuniah Ikomatussuniah
creator: Ahmad Lanang Citrawan
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-02-03
publication date: 2026-02-03
starting page: 331
ending page: 338
doi: 10.65310/k822zd38

Deforestation and the Ecological Crisis in Kalimantan: The Impact of Land Clearance Regulations on Community Welfare and Social Conflict
type: item
description: This study discusses the ecological crisis caused by deforestation in Kalimantan, which stems from land ownership inequality and the way the state manages agrarian resources. Using qualitative and documentary methods through regulatory studies, environmental reports, academic journals, and visual data such as photographs and forest cover maps, this study explores how land clearing policies encourage deforestation and change the social life of communities. The results show that lax regulations and investment orientation give companies considerable leeway to clear land, resulting in land management practices that resemble the domein verklaring system, which is inconsistent with the principle of State Control Rights in the Basic Agrarian Law (UUPA). Land use changes then trigger biodiversity loss, ecosystem damage, and a reduction in the living space of local communities. Conflicts between communities and companies also increase due to unclear land rights and weak state protection, further weakening the position of communities. This study emphasizes that land ownership inequality can continue to recur and exacerbate environmental damage, necessitating more equitable agrarian policies that favor communities and align with the principles of environmental sustainability.
subject: Articles
  topic: section
subject: Deforestation, Welfare, Ecological Crisis, Borneo.
  topic: keywords
creator: Raha Bahari
creator: Mu’adil Faizin
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-02-03
publication date: 2026-02-03
starting page: 318
ending page: 330
doi: 10.65310/8wv3fd08

The Concept of Hadhanah in Islamic Law and Its Implementation in the Compilation of Islamic Law in Indonesia
type: item
description: This study examines the concept of hadhanah within Islamic law and its implementation in the Indonesian Compilation of Islamic Law through a normative–doctrinal library research design. The analysis positions hadhanah as a normative construct shaped by authoritative texts, juristic interpretations, and state legal institutionalization. By synthesizing classical fiqh doctrines, contemporary Islamic legal scholarship, and statutory norms, the study reveals that Islamic jurisprudence offers plural and flexible approaches to child custody, primarily oriented toward the protection and welfare of the child. The codification of hadhanah in the Compilation of Islamic Law represents a pragmatic effort to unify diverse doctrines into an operational legal framework that ensures legal certainty while retaining maslahat-oriented reasoning. Furthermore, the study finds that judicial practice in religious courts demonstrates a dynamic interaction between codified norms and social realities, where judicial discretion and contextual considerations play a decisive role. These findings indicate that the effectiveness of hadhanah depends not only on normative formulation but also on interpretative adaptability within legal institutions. The study contributes theoretically by clarifying the transformation of hadhanah from juristic doctrine to positive law and methodologically by offering a replicable framework for normative legal analysis in Islamic family law.
subject: Articles
  topic: section
subject: Hadhanah, Islamic Family Law, Child Custody, Compilation of Islamic Law, Indonesia.
  topic: keywords
creator: Iqbal Pinayungan Munthe
creator: Nursania Dasopang
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-30
publication date: 2026-01-30
starting page: 307
ending page: 317
doi: 10.65310/t91a3c45

Indonesia-Australia Cooperation Through the World Mosquito Program Case Study on Dengue Fever Control in Bandung City 2023–2024
type: item
description: This study examines Indonesia–Australia cooperation through the World Mosquito Program in controlling dengue fever in Bandung City during 2023–2024 from a global health diplomacy perspective. Using a qualitative interpretative library research design grounded in constructivist epistemology, the study synthesizes peer-reviewed literature and institutional documents on Wolbachia technology, bilateral cooperation, and dengue governance. The findings demonstrate that the impact of the program cannot be reduced to short-term epidemiological outcomes, but reflects a gradual transformation in vector control paradigms shaped by policy coordination, institutional learning, and transnational knowledge transfer. The cooperation functions not only as a technological intervention but also as a diplomatic mechanism that enhances policy legitimacy, governance capacity, and trust among stakeholders. Variations in effectiveness highlight the importance of local context, political commitment, and adaptive evaluation frameworks. The study argues that sustainability depends on the integration of global standards into domestic institutions and the alignment of preventive health innovation with national policy priorities. This research contributes to global health diplomacy scholarship by illustrating how bilateral cooperation operationalizes biotechnology within complex governance environments and long-term public health strategies.
subject: Articles
  topic: section
subject: Global Health Diplomacy, Indonesia–Australia Cooperation, World Mosquito Program, Wolbachia Technology, Dengue Governance.
  topic: keywords
creator: Akwal Waffi Kariswan
creator: Achdijat Sulaeman
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-30
publication date: 2026-01-30
starting page: 295
ending page: 306
doi: 10.65310/y9763204

The Effect of Education Level on the Performance Quality of Village Officials in Kacangan, Tambakrejo District, Bojonegoro Regency
type: item
description: This study examines the influence of education level on the quality of performance of village apparatus in Kacangan Village, Tambakrejo District, Bojonegoro Regency. The research employs a quantitative approach using primary data collected from respondents through structured questionnaires. Data analysis was conducted using descriptive statistics and inferential analysis, including simple and multiple linear regression tests. The results indicate that the education level of village apparatus has a positive and significant effect on overall performance quality, particularly on the productivity dimension. The coefficient of determination shows that education level explains a substantial proportion of performance variation among village apparatus. However, further analysis reveals that education level does not significantly affect other performance dimensions, namely service quality, responsiveness, responsibility, and accountability. These findings suggest that formal education alone is insufficient to enhance all aspects of village apparatus performance. Organizational systems, work experience, leadership, and institutional control mechanisms play a critical role in shaping service-oriented and accountable performance. Therefore, improving village governance requires an integrated approach that combines education with continuous training and effective organizational management.
subject: Articles
  topic: section
subject: Education Level, Village Apparatus, Performance Quality, Public Service, Village Governance.
  topic: keywords
creator: Akmal Bhagaskara
creator: Fitrotun Niswah
creator: Meirinawati Meirinawati
creator: Eva Hany Fanida
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-30
publication date: 2026-01-30
starting page: 283
ending page: 294
doi: 10.65310/v1k6eh65

Deconstruction of the Principle of Legal Certainty in Indonesian Labor Regulations
type: item
description: This article examines the deconstruction of legal certainty within Indonesian labor regulation by situating it in contemporary political–legal transformations. Using systematic library research, the study synthesizes doctrinal analyses, constitutional debates, and critical legal scholarship on omnibus legislation, employment relations, and regulatory governance. The findings demonstrate that legal certainty has progressively shifted from a substantive principle protecting workers’ rights toward an instrumental and procedural construct serving regulatory flexibility, economic competitiveness, and administrative efficiency. This transformation produces normative fragmentation, weakens coherent protection standards, and generates interpretive asymmetries between legislation, implementing regulations, and judicial practices. By integrating deconstructive legal theory with labor law analysis, the article reveals how legal certainty operates as a contingent discourse rather than a fixed normative guarantee. The study contributes theoretically by reframing legal certainty as a dynamic and contested concept, and methodologically by offering a replicable synthesis model for critical normative research
subject: Articles
  topic: section
subject: Legal Certainty, Labor Law, Omnibus Legislation, Deconstruction, Regulatory Governance.
  topic: keywords
creator: Deki Satriawan
creator: Hery Kurniawan Zaenal
creator: Achmad Nur Wachid
creator: Yudhistira Prawira Utama
creator: Marco Orias
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-27
publication date: 2026-01-27
starting page: 262
ending page: 271
doi: 10.65310/5jndj790

Ethics and Integrity of Public Officials: A Case Study of Land Deed Forgery by the Former Acting Mayor of Tanjungpinang
type: item
description: This study examines the ethical and integrity dimensions of public office through a normative analysis of land document forgery involving a former Acting Mayor of Tanjungpinang. Employing a library research design, the study synthesizes legal literature in criminal law, administrative law, land law, and public ethics to construct an integrative analytical framework. The findings indicate that land document forgery committed by public officials constitutes not merely an individual criminal act, but a structural ethical failure rooted in the abuse of public authority. The misuse of administrative power amplifies legal harm, undermines legal certainty in land administration, and erodes public trust in governmental institutions. Existing literature further reveals that fragmented enforcement mechanisms and sectoral ethical controls are insufficient to address misconduct involving high-ranking public officials. The study argues that effective prevention of land-related crimes requires the integration of ethical governance, institutional oversight, and legal accountability within public administration. By positioning ethics and integrity as core variables of legal analysis, this research contributes to a broader understanding of land forgery as a systemic governance failure rather than an isolated legal violation.
subject: Articles
  topic: section
subject: Public Ethics, Public Office Integrity, Land Document Forgery, Abuse Of Authority, Land Governance.
  topic: keywords
creator: Elvia Putri Ayu Anggraini
creator: Alfitri Yusuffaza Khalifda Qrisdadra
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-30
publication date: 2026-01-30
starting page: 272
ending page: 282
doi: 10.65310/rx10fy87

Interfaith Inheritance in the Perspective of Islamic Law and the Compilation of Islamic Law: A Normative Analysis of Court Decisions in Indonesia
type: item
description: This study examines the regulation of interfaith inheritance within the framework of Islamic law and the Compilation of Islamic Law (KHI) through a normative analysis of Indonesian court decisions. Islamic inheritance law fundamentally requires religious uniformity between the decedent and heirs, positioning religious difference as a legal impediment to inheritance. The KHI adopts classical Islamic jurisprudence by explicitly stipulating that only Muslim heirs are entitled to inherit from a Muslim decedent. However, judicial practice in Indonesia demonstrates a progressive development, particularly through Supreme Court decisions that introduce wasiat wajibah as an alternative legal mechanism to protect the civil rights of non-Muslim family members. This legal construction does not confer heir status but provides a mandatory bequest as a form of equitable distribution. The coexistence of strict normative rules and judicial discretion reflects an ongoing effort to balance legal certainty, justice, and social realities in pluralistic Indonesian society. The findings indicate that interfaith inheritance law in Indonesia evolves through jurisprudence rather than legislative reform, reinforcing the role of courts in bridging doctrinal rigidity and substantive justice.
subject: Articles
  topic: section
subject: Interfaith Inheritance, Islamic Law, Compilation Of Islamic Law, Wasiat Wajibah, Supreme Court Decisions.
  topic: keywords
creator: Sawaluddin Siregar
creator: Nursania Dasopang
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-26
publication date: 2026-01-26
starting page: 253
ending page: 261
doi: 10.65310/v877cw64

Distribution of Inheritance in the Perspective of Islamic Law, Customary Law, and Civil Law in Indonesia
type: item
description: This paradigm of Indonesian Islamic inheritance law is institutionalized in the Compilation of Islamic Law (KHI), which was enacted based on Presidential Instruction (Inpres) No. 1 of 1991. The provisions regarding inheritance are determined by Allah through His revelation in the Qur'an, which clearly articulates its intent and purpose. Various aspects still require clarification, both affirmative and detailed, as conveyed by the Prophet Muhammad (SAW) through his hadiths. Nevertheless, its application has sparked ongoing debate among Islamic legal scholars, which has been formulated into normative teachings. Inheritance law according to Islamic law is part of family law (al-Ahwalus Syahsiyah). This knowledge is very important to learn so that in the distribution of inheritance, there are no mistakes and it can be carried out as fairly as possible, because by studying Islamic inheritance law for Muslims, they will be able to fulfill their rights regarding inheritance after the death of the muwarris (decedent) and deliver it to the heirs who are entitled to receive it. Islamic inheritance law is a set of rules that governs the transfer of assets from a deceased person to their heirs. This means determining who the heirs are, the share of each heir, and determining the portion of the estate and inheritance given to the heirs.
subject: Articles
  topic: section
subject: Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
  topic: keywords
creator: Indra Sakti
creator: Nursania Dasopang
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-26
publication date: 2026-01-26
starting page: 244
ending page: 252
doi: 10.65310/jzr4gw34

Legal Measures to Prevent Disputes Against Debtors Who Transfer Home Ownership Loans Through Cessie
type: item
description: The transfer of Home Ownership Credit (Kredit Pemilikan Rumah) through cessie constitutes a legally recognized mechanism for the assignment of receivables, yet it frequently generates legal disputes when debtor protection is inadequately ensured. This study examines legal efforts aimed at preventing disputes arising from the transfer of mortgage credit through cessie, with a particular focus on the position of debtors. Using a normative juridical approach, the research analyzes statutory regulations, legal doctrines, and relevant court decisions related to receivables transfer and security rights. The findings reveal that disputes commonly emerge due to insufficient notification to debtors, procedural deficiencies in the execution of cessie, and ambiguities concerning the continuity of mortgage guarantees. Preventive legal measures, including contractual clarity, compliance with statutory requirements, and strengthened institutional oversight, play a crucial role in reducing dispute potential. When preventive mechanisms fail, repressive legal remedies through litigation and alternative dispute resolution function as corrective instruments to restore legal balance. The study concludes that an integrated legal framework combining preventive and repressive measures is essential to ensure legal certainty and effective debtor protection in cessie-based mortgage transfers.
subject: Articles
  topic: section
subject: Cessie, Home Ownership Credit, Debtor Protection, Legal Dispute Prevention, Mortgage Law.
  topic: keywords
creator: Nur`ainy Agmilya Sasmitha
creator: Ahmad Heru Romadhon
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-24
publication date: 2026-01-24
starting page: 235
ending page: 243
doi: 10.65310/nke57p60

Religious Differences Are Not an Obstacle to Inheritance According to Civil Law
type: item
description: This study examines the legal position of interfaith inheritance under Indonesian civil law, focusing on the principle that religious differences do not constitute an impediment to inheritance rights. Employing a normative legal research method, the study analyzes statutory regulations, doctrinal legal principles, and relevant court decisions governing inheritance under the Indonesian Civil Code (Burgerlijk Wetboek). The findings indicate that civil inheritance law is fundamentally based on blood relations and lawful marriage, rather than religious affiliation. As long as the legal requirements of heirs and inheritance objects are fulfilled, and no legal disqualifications apply, heirs of different religions remain entitled to inheritance rights. Judicial practice in general courts further demonstrates a consistent application of religious neutrality in inheritance disputes, reinforcing legal certainty and equality before the law. Although this approach differs from Islamic inheritance law, civil law serves as an inclusive legal framework that accommodates Indonesia’s pluralistic social structure. Consequently, civil inheritance law plays a crucial role in safeguarding civil rights and promoting justice within interfaith family relations.
subject: Articles
  topic: section
subject: Inheritance Law, Civil Law, Interfaith Inheritance, Legal Certainty, Indonesia.
  topic: keywords
creator: Musa Azhari
creator: Nur Sania Dasopang
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-24
publication date: 2026-01-24
starting page: 226
ending page: 234
doi: 10.65310/6pqmd954

The Wisdom of Zakat in the Perspective of Islamic Law: A Philosophical Analysis of the Relationship between Humans, Wealth, and God
type: item
description: This study is motivated by the urgency to understand the wisdom of zakat not merely as a ritual obligation, but as a philosophical construct that reflects the integral relationship between human beings, wealth, and God within the framework of Islamic law. The growing practice of zakat, supported by national collection data, illustrates complex theological and socio-economic dynamics that require deeper examination to prevent its meaning from being reduced to a simple act of charity. This research employs a qualitative-descriptive method through an analysis of classical fiqh literature, Indonesia’s regulatory framework on zakat, and official BAZNAS reports, all of which are interpreted using philosophical and Islamic legal approaches. The findings reveal that zakat embodies multifaceted wisdom, including self-purification, the affirmation of ethical ownership, and the restoration of social justice through structured wealth distribution. The analysis further highlights that strengthening zakat management systems both normatively and institutionally serves as a crucial foundation for reinforcing the relationship between spiritual obligations and public welfare in accordance with the principles of Islamic law.
subject: Articles
  topic: section
subject: Human And God Relations, Islamic Philosophy, Self-Awareness, Wealth, Zakat.
  topic: keywords
creator: Muhammad Nazim Aldiansyah
creator: Rahma Alya Purwanto
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-19
publication date: 2026-01-19
starting page: 135
ending page: 143
doi: 10.65310/mhy3qk42

The Principle of Eternal Benefits in Waqf Law: A Philosophical Analysis and Its Implications for Community Empowerment
type: item
description: The principle of perpetuity of benefit in waqf law represents a fundamental concept that connects religious devotion with sustainable social welfare. Waqf is not merely the act of transferring assets, but a long-term commitment to ensuring continuous benefits for society across generations. This study examines the philosophical foundations of the perpetuity of benefit in Islamic law and analyzes its legal formulation within the Indonesian waqf regulatory framework. Using a normative juridical and philosophical approach, the research highlights how Islamic legal principles, national legislation, and institutional practices interact in preserving the sustainability of waqf benefits. The findings indicate that the realization of perpetual benefit depends on professional waqf management, strong institutional support, effective supervision, and adaptive utilization of productive waqf instruments. Moreover, innovation in waqf management, including cash waqf and digital waqf, must remain aligned with sharia objectives and legal certainty. Ultimately, strengthening the principle of perpetuity of benefit positions waqf as a strategic instrument for empowering communities and supporting sustainable socio-economic development.
subject: Articles
  topic: section
subject: Waqf Law, Perpetuity of Benefit, Islamic Legal Philosophy, Productive Waqf, Community Empowerment.
  topic: keywords
creator: Ramzy Ilya Dzimar
creator: Achmad Rafli Weking
creator: Fikri Erlangga
creator: Sawitri Yuli Hartati
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-19
publication date: 2026-01-19
starting page: 144
ending page: 152
doi: 10.65310/yj1c0n38

Identity Politics in the 2020 Surabaya Regional Elections: Its Impact on Political Dynamics, Social Stability, and National Integration
type: item
description: This study examines the role of identity politics in the 2020 Surabaya mayoral election and its implications for political dynamics, social stability, and national integration. Using a qualitative case study approach, the research analyzes campaign strategies, media narratives, and public responses related to the utilization of religious and social identities during the election. The findings indicate that identity-based political strategies significantly influenced voter mobilization and electoral outcomes, contributing to the candidate’s victory. However, beyond electoral success, identity politics also generated social tensions, polarization, and public concern regarding the erosion of democratic substance. At the local level, identity politics strengthened political participation among certain groups, while simultaneously raising the risk of social fragmentation. At the national level, the Surabaya case reflects broader challenges to democratic consolidation and national integration in Indonesia’s plural society. The study concludes that while identity politics remains an unavoidable element of democratic competition, its excessive use may undermine social cohesion and democratic quality. Therefore, balanced political regulation, inclusive civic education, and ethical political practices are essential to sustaining a tolerant and integrative democratic system.
subject: Articles
  topic: section
subject: Identity Politics, Local Election, Social Stability, Democratic Quality, National Integration.
  topic: keywords
creator: Al Alimu Nur Rohman
creator: Hamaz Zazirah Zamzam Fath
creator: Dicky Febrian
creator: Alifia Putri Siva
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-21
publication date: 2026-01-21
starting page: 217
ending page: 225
doi: 10.65310/myvcns11

The Position of Children Born from Artificial Womb Technology in the Perspective of Islamic Family Law in Indonesia
type: item
description: The development of artificial womb technology raises complex legal questions regarding the status of children born through such technology within the framework of Islamic family law in Indonesia. This study aims to analyze the legal position of children born from artificial womb technology by examining normative Islamic legal principles, national regulations, and contemporary legal interpretations. Employing a normative juridical approach, this research reviews statutory provisions, including the Compilation of Islamic Law, marriage law, and relevant constitutional court decisions, alongside scholarly works on Islamic bioethics and maqāṣid al-sharī‘ah. The findings indicate that although Indonesian law has not explicitly regulated artificial womb technology, children born through this method may obtain full legal recognition provided that genetic lineage and lawful parental intent can be clearly established. The application of maqāṣid al-sharī‘ah, particularly the protection of lineage, dignity, and property, supports the recognition of civil rights, inheritance rights, and parental responsibilities toward such children. This study concludes that legal reform is necessary to ensure legal certainty and child protection in response to advances in reproductive technology, while maintaining harmony between scientific progress and Islamic legal values.
subject: Articles
  topic: section
creator: Hafiz Gilman Abdul Aziz
creator: Uswatun Hasanah
creator: Ghulam Ahmad Surya Negara
creator: Argiya Athala Putri
creator: Hasna Zahra Wahyuni
creator: Abdul Rafi Ardiyanto
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-19
publication date: 2026-01-19
starting page: 126
ending page: 134
doi: 10.65310/cy16na61

Political Branding “Gemoy”: Image Construction of Prabowo Subianto–Gibran Rakabuming in the 2024 Presidential Election
type: item
description: The study examines the political branding strategy of “Gemoy” in constructing the public image of Prabowo Subianto–Gibran Rakabuming during the 2024 Indonesian Presidential Election. Using a digital ethnography approach, the research explores how political messages, visual symbols, and interactive content were produced, circulated, and interpreted across social media platforms such as TikTok, Instagram, X, and YouTube. The findings reveal that the “Gemoy” branding represents a deliberate transformation of Prabowo’s long-established authoritative and military image into a more approachable, humorous, and human-centered persona. This shift aligns with the cultural preferences of younger voters, particularly Generation Z, who engage with political content through entertainment-oriented and participatory digital practices. Public responses indicate that political branding in the digital era operates through emotional resonance and symbolic closeness rather than purely rational political evaluation. Moreover, the study demonstrates that audiences actively participate in reconstructing political meanings through content replication, commentary, and viral trends. Overall, the “Gemoy” branding illustrates how contemporary political communication integrates popular culture and digital interaction to shape political perception and voter engagement.
subject: Articles
  topic: section
subject: Political Branding, Digital Ethnography, Gemoy, Political Communication, 2024 Presidential Election.
  topic: keywords
creator: Moch. Ardyan Aviansyah
creator: Ken Akya Aruna Bintang
creator: Salim Salim
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-20
publication date: 2026-01-20
starting page: 197
ending page: 207
doi: 10.65310/kzxkhr27

Reconstruction of Alimony Obligations in the Household: A Normative Legal Analysis of the Role of the Wife as Breadwinner in Islamic Law
type: item
description: This study discusses the Islamic legal perspective on the role of wives as breadwinners, based on the fact that the obligation to provide for the family, which should be the responsibility of the husband, often falls to the wife. To date, many wives play a role in helping their husbands to meet the family's economic needs, and some wives even become the main breadwinners. This study uses a normative juridical approach with a descriptive qualitative research design. Data collection techniques were carried out by examining various relevant literature such as the Qur'an, Hadith, fiqh books, Islamic law books, and scientific journals discussing the Islamic legal perspective on the role of wives as breadwinners. Data analysis was conducted using content analysis, which involved systematically interpreting the content of the source material through a process of categorization and meaning extraction. In Islamic law, providing for the family is the primary obligation of the husband, but economic, social, and cultural conditions often require wives to work to help support the family. This dual role of wives can strengthen household finances, but it can also cause tension and role conflicts. Therefore, balance and mutual understanding are important to maintain harmony.
subject: Articles
  topic: section
subject: Maintenance Obligations, Role of the Wife, Family Harmony, Islamic Law, Household.
  topic: keywords
creator: Dwi Husniyati
creator: Ridho Abdillah
creator: Ahsin Shidqi
creator: Husnaini Amiroh
creator: Rendi Rendi
creator: Luthfan Tri Mukti
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-20
publication date: 2026-01-20
starting page: 187
ending page: 196
doi: 10.65310/enkyvd32

Comparative Study Between Ad Hoc Arbitration and Institutional Arbitration in the Process of Appointing Arbitrators and Its Impact on Arbitration Cases
type: item
description: This study examines the comparative characteristics of ad hoc arbitration and institutional arbitration, with particular emphasis on the arbitrator appointment process and its impact on arbitral proceedings and outcomes. The research employs a normative juridical approach supported by comparative analysis of legal frameworks, arbitral practices, and relevant scholarly literature. The findings indicate that the method of appointing arbitrators plays a decisive role in shaping procedural fairness, the legitimacy of arbitral awards, and the effectiveness of their enforcement. Ad hoc arbitration offers substantial flexibility for the parties to determine arbitrators based on mutual agreement, yet this flexibility may generate legal uncertainty when appointment mechanisms are inadequately regulated. In contrast, institutional arbitration provides structured appointment procedures, ethical standards, and administrative oversight, which contribute to stronger legitimacy and higher acceptance of arbitral awards by national courts. The study concludes that institutional arbitration tends to offer greater legal certainty and enforceability, while ad hoc arbitration remains viable when supported by clear contractual arrangements. These distinctions highlight the strategic importance of arbitrator appointment mechanisms in achieving effective dispute resolution through arbitration.
subject: Articles
  topic: section
subject: Arbitration, Ad Hoc Arbitration, Institutional Arbitration, Arbitrator Appointment, Arbitral Award Enforcement.
  topic: keywords
creator: Muhammad Iqbal Arieza
creator: Ahmad Ahmad
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-18
publication date: 2026-01-18
starting page: 117
ending page: 125
doi: 10.65310/tdye6s79

The Impact of Apple Inc. as a TNC on the Competitiveness and Development of Local Advan Products in Indonesia
type: item
description: This study analyzes the impact of Apple Inc. as a transnational corporation on the competitiveness and development of local products produced by Advan in Indonesia through the lens of interdependence theory. Employing a qualitative descriptive approach based on secondary data, this research examines how global corporate dominance shapes local industrial dynamics. The findings indicate that Apple’s strong market position, supported by brand globalness, technological innovation, and integration into global value chains, generates competitive pressure on local producers. However, this pressure does not solely result in marginalization. Instead, it stimulates adaptive strategies among local firms, including product differentiation, price adjustments, and alignment with domestic consumer preferences. The study also highlights the strategic role of the Indonesian government in mediating global–local relations through industrial and regulatory policies such as the Local Content Requirement. Within the interdependence framework, the relationship between Apple and Advan reflects a complex interaction of competition and mutual reliance, where global firms depend on emerging markets while local industries leverage global standards as benchmarks for upgrading. This dynamic underscores the potential of transnational corporate presence to contribute to domestic industrial transformation when supported by coherent national policies.
subject: Articles
  topic: section
subject: Interdependence, Transnational Corporation, Apple Inc., Advan, Local Industry Competitiveness.
  topic: keywords
creator: Rivki Aprilian
creator: Muhammad Rifa
creator: Rayhan Muhammad Akmal
creator: Nazzir Abdul Majid
creator: Septianis Afipah
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-17
publication date: 2026-01-17
starting page: 108
ending page: 116
doi: 10.65310/dav2b171

Withdrawal of Claims in Arbitration Dispute Resolution Practice
type: item
description: This study examines the withdrawal of applications in arbitration dispute resolution practices in Indonesia from a normative legal perspective. Arbitration is designed as an efficient, final, and binding mechanism for resolving disputes outside the court system; however, the practice of withdrawing arbitration applications raises legal uncertainty due to the absence of explicit regulatory provisions. Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution does not comprehensively regulate the procedures, requirements, or legal consequences of such withdrawals. As a result, arbitration institutions apply differing approaches, which may affect procedural consistency and legal certainty. This research employs a normative juridical method by analyzing statutory regulations, arbitration institutional rules, Constitutional Court decisions, and relevant legal doctrines. The findings indicate that the lack of clear legal standards allows potential misuse of withdrawal rights and creates disparities in arbitration practice. In the context of sharia arbitration, this issue also relates to ethical principles and the protection of fairness in muamalah transactions. Therefore, strengthening legal norms and institutional guidelines regarding the withdrawal of arbitration applications is essential to ensure justice, legal certainty, and the credibility of arbitration as an alternative dispute resolution mechanism in Indonesia.
subject: Articles
  topic: section
subject: Arbitration, Withdrawal Of Application, Dispute Resolution, Legal Certainty, Arbitration Law.
  topic: keywords
creator: Muhammad Rajha Wardhiyani
creator: Yudi Gunawan
creator: Sawitri Yuli Hartati
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-21
publication date: 2026-01-21
starting page: 208
ending page: 216
doi: 10.65310/jymb6328

Reconstruction of Custody Rights in Islamic Family Law: A Legal Analysis of Granting Child Custody to Fathers After Divorce
type: item
description: Divorce not only ends a marriage, but also has serious implications for the fulfillment of children's rights and welfare, particularly in terms of custody (hadhanah). Children are the most vulnerable to psychological, emotional, and social impacts resulting from parental conflict after divorce. In Islamic family law, custody rights for children who have not reached the age of discernment are, in principle, given to the mother as stipulated in Articles 105 and 156 of the Compilation of Islamic Law. However, in judicial practice, these custody rights can be transferred to the father if the mother is deemed incapable of ensuring the safety, welfare, and development of the child. This study aims to analyze the provisions of child custody in Islamic family law, identify the factors behind the granting of custody to the father, and examine the legal considerations in the determination. The research method uses a qualitative approach with normative legal techniques through a literature study of Islamic legal sources, laws and regulations, and academic literature. The results of the study show that granting custody to the father is legally justified if it better ensures the welfare and best interests of the child, which is the main principle in Islamic family law after divorce.
subject: Articles
  topic: section
subject: Hadhanah, Child Custody, Islamic Family Law, Divorce, Best Interest of the Child
  topic: keywords
creator: Adila Syaidatun Nisa
creator: Fitria Adzuhri Mahyudin
creator: Tufatul Kholisoh
creator: Muhammad Hapipi Roif
creator: Rafli Ramdan
creator: Ahmad Fahrul Fauji
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-20
publication date: 2026-01-20
starting page: 171
ending page: 179
doi: 10.65310/4bbczr85

Protection of Children's Rights After Divorce: Perspectives from Islamic Family Law and the Compilation of Islamic Law
type: item
description: The protection of children’s rights after divorce constitutes a crucial issue within Islamic family law and the Compilation of Islamic Law in Indonesia. Divorce often places children in a vulnerable position, particularly regarding custody, financial support, education, and psychological well-being. This study examines the protection of children’s rights after divorce from the perspective of Islamic family law and the Compilation of Islamic Law, emphasizing normative frameworks and their practical implementation. Using a normative juridical approach, this research analyzes statutory regulations, judicial decisions, and relevant scholarly studies related to post-divorce child protection. The findings indicate that although Islamic family law and national regulations provide a solid legal foundation for safeguarding children’s rights, significant challenges remain in enforcement, judicial consistency, and parental legal awareness. Judges play a decisive role in ensuring that court decisions reflect the best interests of the child by integrating legal, social, and moral considerations. Strengthening the protection of children’s rights requires regulatory harmonization, effective enforcement mechanisms, and a value-based approach rooted in justice and child welfare. This study contributes to the development of Islamic family law discourse by highlighting the need for a more responsive and child-centered legal framework.
subject: Articles
  topic: section
subject: Children’s Rights, Divorce, Islamic Family Law, Compilation Of Islamic Law, Child Protection.
  topic: keywords
creator: Ahmad Ikhsan Ramadhan
creator: Diana Ramadani
creator: Rizky Hilmansyah
creator: Muhamad Mustajib Ramdani
creator: Muhamad Arifin Ilham
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-20
publication date: 2026-01-20
starting page: 180
ending page: 186
doi: 10.65310/7zvbnn89

Corporate Crime in the Bank Indonesia Liquidity Assistance (BLBI) Case: Legal Analysis of Irregularities, Legal Accountability, and Impact on State Finances
type: item
description: The Bank Indonesia Liquidity Assistance (BLBI) case represents one of the most significant corporate crime cases in Indonesia’s banking history, revealing complex interactions between regulatory weaknesses, corporate misconduct, and state financial losses. This study examines corporate crime in the BLBI case through a juridical analysis focusing on deviations in fund utilization, legal accountability mechanisms, and their impact on state finances. The findings indicate that the misuse of BLBI funds was facilitated by inadequate banking supervision, weak corporate governance, and ineffective enforcement of prudential principles during the financial crisis. Although Indonesian law provides a framework for corporate criminal liability and asset recovery, practical implementation has faced substantial legal and institutional challenges. The BLBI case has caused not only massive financial losses to the state but also long-term consequences for public trust in the banking system and legal institutions. Therefore, strengthening legal accountability, enhancing transparency, and reforming banking supervision are essential measures to prevent similar corporate crimes and to safeguard state financial interests in the future.
subject: Articles
  topic: section
subject: Corporate Crime, BLBI, Legal Accountability, Banking Supervision, State Finance.
  topic: keywords
creator: Nur`ainy Agmilya Sasmitha
creator: Rahayu Sri Utami
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-20
publication date: 2026-01-20
starting page: 162
ending page: 170
doi: 10.65310/tjd74a54

Litigation Procedures: Dispute Resolution Mechanisms at the National Sharia Arbitration Board
type: item
description: This research examines the procedural mechanism for dispute resolution at the National Sharia Arbitration Board (BASYARNAS) as an alternative to litigation in resolving sharia-based disputes. The study aims to analyze the stages of proceedings, legal foundations, and effectiveness of arbitration procedures applied by BASYARNAS. This research employs a normative juridical method with a statutory and conceptual approach, utilizing primary legal materials such as laws and regulations related to arbitration and sharia economic disputes, as well as secondary legal materials in the form of books, journals, and legal literature. The results show that the dispute resolution mechanism at BASYARNAS is conducted through structured stages, including submission of arbitration claims, examination of disputes, and issuance of arbitration awards that are final and binding. The procedure emphasizes principles of justice, legal certainty, efficiency, and compliance with Islamic law. BASYARNAS plays a significant role in providing an effective dispute resolution forum for sharia economic actors; however, challenges remain in the implementation and execution of arbitration awards, particularly regarding public awareness and institutional support.
subject: Articles
  topic: section
subject: Arbitration Procedure; Sharia Arbitration; BASYARNAS; Dispute Resolution; Islamic Law.
  topic: keywords
creator: Dinda Fasyya
creator: Mujnah Fitria
creator: Nadhifa Kharida Nissa
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-17
publication date: 2026-01-17
starting page: 98
ending page: 107
doi: 10.65310/wrpvb054

Arbitrator Reasoning: Evidence Assessment Standards in Sharia Arbitration
type: item
description: This research examines the evidentiary process in sharia arbitration, particularly within the National Sharia Arbitration Board (BASYARNAS), by employing a normative juridical approach. The study focuses on analyzing written legal norms and legal principles governing evidence in sharia arbitration, as regulated under Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 21 of 2008 on Sharia Banking, and the BASYARNAS Procedural Rules. Primary legal materials consist of statutory regulations and relevant arbitration decisions, while secondary and tertiary materials include legal literature, academic journals, and legal dictionaries. The collected data are analyzed using descriptive-analytical methods and a comparative approach to identify differences between general arbitration and sharia arbitration evidentiary standards. The findings indicate that the evidentiary framework in sharia arbitration reflects flexibility and efficiency while adhering to sharia principles. Nevertheless, several challenges remain, particularly concerning the clarity of evidentiary standards and the adaptation to contemporary forms of evidence. Strengthening regulatory harmonization is therefore essential to enhance legal certainty and effectiveness in resolving sharia economic disputes through arbitration.
subject: Articles
  topic: section
subject: Sharia Arbitration, Evidence, BASYARNAS, Normative Juridical, Dispute Resolution
  topic: keywords
creator: Audrey Naanthali Saputra
creator: Anita Dewi
creator: Sawitri Yuli Hartati S
rights: Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
date: 2026-01-17
publication date: 2026-01-17
starting page: 89
ending page: 97
doi: 10.65310/avzvzt29