Journal of Legal, Political, and Humanistic Inquiry
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.
Implementation of Microenterprise Empowerment Policies from a Legal Perspective: The Role of the Cooperative and SME Agency in the Karangantu Coastal Community
This study examines the role of the Department of Cooperatives, Micro, Small and Medium Enterprises, Industry and Trade of Serang City in implementing the empowerment and development of micro-enterprises in the coastal community of Karangantu based on Regional Regulation Number 3 of 2015. Employing an empirical juridical approach with a descriptive-analytical specification, this research analyzes the interaction between legal norms and their practical implementation through primary and secondary data. The findings reveal that although the regulatory framework, including Law Number 20 of 2008 and relevant local regulations, provides a comprehensive legal basis, its implementation remains suboptimal due to structural, administrative, and socio-economic constraints. Key challenges include weak institutional coordination, inadequate performance-based monitoring systems, limited access to financing and digital markets, and low community participation. These conditions indicate a significant gap between normative expectations and empirical realities. The study concludes that strengthening institutional capacity, improving participatory governance, and integrating adaptive policy mechanisms are essential to enhance the effectiveness and sustainability of micro-enterprise empowerment in coastal areas.
Micro-Enterprises, Policy Implementation, Legal Effectiveness, Coastal Community, Institutional Role.
Copyright (c) 2026 Journal of Legal, Political, and Humanistic Inquiry
The Legal Responsibilities of Multinational Corporations in the Global Supply Chain: An Analysis of Human Rights Violations in Business Activities
The expansion of multinational corporations in global supply chains has created complex legal challenges related to the protection of human rights within international business activities. Transnational production networks often involve suppliers located in developing countries with limited regulatory oversight, increasing the risk of labor exploitation, environmental damage, and social conflicts affecting local communities. This research analyzes the legal responsibility of multinational corporations for human rights violations occurring within global supply chains by examining relevant national and international legal frameworks. The study employs normative legal research using statutory and conceptual approaches to evaluate regulations governing corporate accountability. Legal instruments such as Law Number 39 of 1999 on Human Rights, Law Number 40 of 2007 on Limited Liability Companies, and Law Number 25 of 2007 on Investment establish the legal basis for corporate obligations toward society and the environment. International frameworks, particularly the United Nations Guiding Principles on Business and Human Rights, reinforce expectations for corporate human rights due diligence across global operations.
Multinational Corporations, Global Supply Chains, Corporate Liability, Business And Human Rights, International Business Law.
A Legal Analysis of the Scope of the Duty of Disclosure in the Issuance of Insurance Policies Under Law No. 40 of 2014 on Insurance
This study examines the juridical boundaries of the duty of disclosure in the formation of insurance policies under Law Number 40 of 2014 concerning Insurance, within the framework of Indonesian insurance law. The research employs a normative legal method using statute and conceptual approaches, focusing on the interpretation of legal norms governing disclosure obligations and their implications for contractual validity. The findings reveal that the existing legal framework, particularly Article 251 of the Indonesian Commercial Code, still reflects a classical approach that places a disproportionate burden on the insured, while modern regulations emphasize consumer protection and transparency. The absence of clear criteria for determining material facts and the extent of disclosure obligations has led to interpretative inconsistencies and increased disputes, particularly in claim rejections and policy cancellations. This study proposes a normative reconstruction by introducing a proportional and reciprocal disclosure framework, supported by a clearer classification of material information and a more balanced sanction mechanism. The research contributes to the development of insurance law by offering a more coherent juridical construction that integrates legal certainty, fairness, and consumer protection within contemporary insurance practices.
Duty Of Disclosure, Insurance Law, Utmost Good Faith, Legal Certainty, Consumer Protection.
Patterns of Women’s Political Recruitment in Political Parties: A Comparative Study of the Democratic Party and the Golkar Party
Women's political recruitment in Indonesian political parties reflects a complex interaction between institutional regulations, party organizational structures, and socio-cultural dynamics shaping women's political participation. This study examines the patterns of women's political recruitment through a comparative analysis of the Democratic Party and the Golkar Party. Using a qualitative approach based on document analysis and literature review, the study explores how internal party mechanisms, cadre development systems, and electoral dynamics influence the opportunities for female legislative candidates. The findings indicate that both parties formally support women’s participation through organizational structures, training programs, and the fulfillment of gender quota provisions mandated by national electoral regulations. However, the effectiveness of these commitments is constrained by internal party competition, the prioritization of candidate electability, and the persistence of male-dominated political networks. Within the open proportional electoral system, electoral success increasingly depends on candidates’ personal vote-mobilization capacity, which often places women at a structural disadvantage due to limited access to political resources and networks. Consequently, strengthening women's representation requires not only regulatory compliance but also institutional reforms, stronger cadre development for women, and more inclusive political practices within party organizations.
Women Political, Political Parties, Gender Representation, Electoral, Indonesia.
Gender Politics and the Contest of Masculinity on Social Media: An Analysis of Emil Mario's Representation in the Digital Space
This study examines the construction of masculinity and femininity meanings through gender expression represented by the Indonesian digital creator Emil Mario on social media platforms. Using an empirical qualitative approach with a case study design, the research analyzes digital content from TikTok and Instagram, including visual performances, narrative captions, and audience interactions. Data were collected through digital ethnography, documentation of online content, and analysis of public discourse surrounding the creator’s gender expression. The findings reveal that gender identity in digital spaces is constructed through repeated performative practices manifested in visual aesthetics, body gestures, fashion choices, and narrative self-representation. These performative elements contribute to the formation of a distinctive digital persona that challenges conventional norms of hegemonic masculinity in Indonesian society. Audience responses further demonstrate the presence of discursive contestation between traditional patriarchal expectations and more flexible interpretations of gender identity. From a socio-legal perspective, the phenomenon reflects broader debates concerning freedom of expression, non-discrimination, and gender politics in digital public spaces. The study concludes that social media functions as a significant arena where gender identities are negotiated, contested, and reconstructed within contemporary digital culture.
Gender Performativity, Digital Identity, Masculinity Construction, Social Media Discourse, Gender Politics.
Negative Labeling of Feminine Expression in Men: Analysis of the Stigma of ‘Boti’ in Everyday Interactions on Social Media and in Indonesian Public Spaces
This study examines the negative labeling of feminine expression among men in Indonesia through the stigma associated with the term “boti” within everyday interactions in social media and public spaces. The research employs an empirical qualitative socio-legal approach combining phenomenology and critical discourse analysis to explore how stigma is produced, circulated, and normalized within digital and social environments. Data were collected through social media content analysis on platforms such as Twitter/X, Instagram, and TikTok, alongside semi-structured interviews involving informants selected through purposive sampling. The findings reveal that the use of the term “boti” functions not merely as colloquial slang but as a symbolic instrument that reinforces hegemonic masculinity, regulates gender expression, and reproduces hierarchical gender norms in Indonesian society. From a socio-legal perspective, the persistence of such stigma highlights tensions between constitutional guarantees of expression and the protection of personal dignity under Indonesian law. Strengthening inclusive digital governance and gender-sensitive legal interpretation is therefore essential to prevent symbolic discrimination in contemporary public discourse.
Gender Stigma, Masculinity Politics, Digital Discourse, Socio-Legal Analysis, Indonesia.
Implementation of Sources of Civil Procedure Law and Limits of Judicial Authority in Civil Disputes: Case Study of Decision Number 791/Pdt.G/2024/PN Jkt.Utr
This study examines the implementation of civil procedural law sources and the limitations of judicial authority in civil disputes through a doctrinal legal analysis of Decision Number 791/Pdt.G/2024/PN Jkt.Utr. Employing statute, conceptual, and case approaches, the research analyzes the conformity of procedural norms under the Herziene Indonesisch Reglement, Article 1365 of the Civil Code, and Supreme Court regulations on mediation with the judicial reasoning applied in the case. The findings reveal that procedural law functions not merely as a formal framework but as a normative instrument that guides the admissibility of claims, the assessment of absolute and relative competence, and the proper exercise of judicial authority. Mediation and the principles of simple, swift, and cost-effective justice effectively enhance procedural efficiency while safeguarding the parties’ rights. The study demonstrates that adherence to procedural requirements and the systematic application of civil procedural norms enable courts to maintain legal certainty, uphold jurisdictional limits, and ensure equitable dispute resolution. This research contributes both theoretically and practically to the understanding of procedural law implementation in Indonesian civil courts.
Civil Procedure Law, Judicial Competence, Unlawful Acts, Mediation, Principles of Justice.
Evidence of Under-the-Table Land Sales in Civil Disputes: Analysis of Nabire District Court Decision No. 30/Pdt.G/2020/PN Nabire
This study discusses the position of private deeds as evidence in disputes over land rights transfers through a study of Nabire District Court Decision No. 30/Pdt.G/2020/PN Nabire. A normative-doctrinal approach was used to analyze the provisions of Article 1320 of the Civil Code, Article 164 of the HIR, Article 1866 of the Civil Code, Article 1874 of the Civil Code, and Article 37 of Government Regulation No. 24 of 1997, as well as relevant judicial practices. The results of the analysis show that private deeds obtain probative legitimacy if they are not contested and are combined with factual evidence, such as payment and delivery of the object, so that the judge can form a legal conviction to validate the transfer of rights. Court decisions serve as instruments of temporary administrative legalization without removing the formal obligations of the PPAT, affirming the flexibility of the civil evidence system. These findings emphasize the orientation towards material truth, legal protection for parties acting in good faith, and harmonization between material validity and formal legal certainty, while enriching the doctrine of substantial evidence in civil land disputes in Indonesia.
Civil Evidence, Private Deeds, Evidentiary Value, Transfer of Land Rights, Court Decisions.
Implementation of the Weekend Land Services Program (PELATARAN): Improving the Quality of Public Services at the ATR/BPN Office in Serang Regency Based on Law Number 25 of 2009
This study examines the implementation of the Weekend Land Service Program (PELATARAN) at the ATR/BPN Office of Serang Regency as an instrument for improving public service quality under Law Number 25 of 2009 on Public Services. Employing an empirical juridical method with descriptive-analytical specification, the research integrates primary data obtained from interviews and field observations with secondary legal materials, including statutory regulations and internal administrative instruments governing the program. The findings demonstrate that PELATARAN possesses a legally defensible foundation within the framework of governmental administrative authority, particularly through the alignment between institutional mandates in land administration and the operational legitimacy provided by ministerial circulars and local decrees. Empirically, the program enhances accessibility and procedural certainty by expanding service availability beyond conventional working days, yet its effectiveness remains contingent upon human resource capacity, consistency of standard implementation, and the institutionalization of measurable service indicators. The study further highlights that accountability mechanisms, complaint handling systems, and maladministration prevention are decisive determinants of sustainable service quality. The research contributes by linking normative legality with empirical governance performance in land service innovation.
Public Service Quality, Land Administration, Administrative Authority, PELATARAN, Accountability.
Conversion of Agricultural Land for PSN (National Strategic Project) Infrastructure Development: Analysis of Spatial Planning Law and Land Acquisition for the Probowangi Toll Road
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.
Land Conversion, Spatial Planning, Land Procurement, National Strategic Project, Legal Harmonization.
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)
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.
Procurement Governance, Construction Procurement, Friedman Legal System, Raw Water Project, Corruption Case.
Copyright (c) 2025 Journal of Legal, Political, and Humanistic Inquiry
The Application of FIDIC-Based Construction Contracts in Indonesian Toll Road Projects: A Normative Study of the Construction Services Law
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.
FIDIC Contract, Construction Law, Toll Road Projects, Dispute Resolution, Normative Harmonization.
The Intersection of Criminal Law and Family Protection and Harmony in the Criminalization of Behavior under the New Criminal Code
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.
Criminalization, Family Protection, New Criminal Code, Self-Defense, Noodweer Exces.
Disaster Management Governance From A Public Administration Perspective: Evidence From Deli Serdang Regency, North Sumatra, Indonesia
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
Accountability, Administrative capacity, Collaborative governance, Disaster management, Public administration.
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
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.
Local Empowerment, Local Regulations, Master Plan, Tourism Policy, Tourism Village.
Deforestation and the Ecological Crisis in Kalimantan: The Impact of Land Clearance Regulations on Community Welfare and Social Conflict
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.
Deforestation, Welfare, Ecological Crisis, Borneo.
The Concept of Hadhanah in Islamic Law and Its Implementation in the Compilation of Islamic Law in Indonesia
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.
Hadhanah, Islamic Family Law, Child Custody, Compilation of Islamic Law, Indonesia.
Indonesia-Australia Cooperation Through the World Mosquito Program Case Study on Dengue Fever Control in Bandung City 2023–2024
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.
Global Health Diplomacy, Indonesia–Australia Cooperation, World Mosquito Program, Wolbachia Technology, Dengue Governance.
The Effect of Education Level on the Performance Quality of Village Officials in Kacangan, Tambakrejo District, Bojonegoro Regency
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.
Education Level, Village Apparatus, Performance Quality, Public Service, Village Governance.
Deconstruction of the Principle of Legal Certainty in Indonesian Labor Regulations
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
Legal Certainty, Labor Law, Omnibus Legislation, Deconstruction, Regulatory Governance.
Ethics and Integrity of Public Officials: A Case Study of Land Deed Forgery by the Former Acting Mayor of Tanjungpinang
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.
Public Ethics, Public Office Integrity, Land Document Forgery, Abuse Of Authority, Land Governance.
Interfaith Inheritance in the Perspective of Islamic Law and the Compilation of Islamic Law: A Normative Analysis of Court Decisions in Indonesia
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.
Interfaith Inheritance, Islamic Law, Compilation Of Islamic Law, Wasiat Wajibah, Supreme Court Decisions.
Distribution of Inheritance in the Perspective of Islamic Law, Customary Law, and Civil Law in Indonesia
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.
Universitas Islam Negeri Syekh Ali Hasan Ahmad Addary Padangsidimpuan
Legal Measures to Prevent Disputes Against Debtors Who Transfer Home Ownership Loans Through Cessie
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.
Cessie, Home Ownership Credit, Debtor Protection, Legal Dispute Prevention, Mortgage Law.
Religious Differences Are Not an Obstacle to Inheritance According to Civil Law
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.
Inheritance Law, Civil Law, Interfaith Inheritance, Legal Certainty, Indonesia.
The Wisdom of Zakat in the Perspective of Islamic Law: A Philosophical Analysis of the Relationship between Humans, Wealth, and God
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.
Human And God Relations, Islamic Philosophy, Self-Awareness, Wealth, Zakat.
The Principle of Eternal Benefits in Waqf Law: A Philosophical Analysis and Its Implications for Community Empowerment
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.
Waqf Law, Perpetuity of Benefit, Islamic Legal Philosophy, Productive Waqf, Community Empowerment.
Identity Politics in the 2020 Surabaya Regional Elections: Its Impact on Political Dynamics, Social Stability, and National Integration
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.
Identity Politics, Local Election, Social Stability, Democratic Quality, National Integration.
The Position of Children Born from Artificial Womb Technology in the Perspective of Islamic Family Law in Indonesia
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.
Political Branding “Gemoy”: Image Construction of Prabowo Subianto–Gibran Rakabuming in the 2024 Presidential Election
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.
Political Branding, Digital Ethnography, Gemoy, Political Communication, 2024 Presidential Election.