Hakamain: Journal of Sharia and Law Studies
Field Details Journal Title HAKAMAIN: Journal of Sharia and Law Studies Journal Initials HAKAMAIN Editor-in-Chief Prof. Dr. Mursyid Djawas, M.HI, Universitas Islam Negeri Ar-Raniry Banda Aceh, Indonesia. DOI Prefix 10.57255/hakamain - Crossref Linked ISSN 2962-9241 (online) Frequency 2 issues per year (January-June and July-December) Language Indonesia and English Licensing Creative Commons Attribution-ShareAlike 4.0 International License Publishing Model Open Access Publishing System Open Journal System (OJS 3.3) Publisher Yayasan Lembaga Studi Makwa (Makwa Foundation) Acceptance Rate 29% Total Submission Indexing SINTA 4 | DOAJ | OpenAlex | Dimensions | Google Scholar HAKAMAIN: Journal of Sharia and Law Studies aims to present scholarly works related to Islamic law and contemporary legal systems, particularly within the context of Muslim and non-Muslim countries and the Southeast Asian region. Furthermore, this journal seeks to enhance the understanding of Islamic law and contemporary legal systems through the publication of original research articles, reviews, reports, and academic commentaries. HAKAMAIN: Journal of Sharia and Law Studies covers a wide range of topics, including Islamic family law, Islamic criminal law, Islamic economic law, Islamic constitutional law, Islamic jurisprudence, Islamic judiciary, customary law, anthropological law, sociological law, international regime law, legal pluralism governance, artificial intelligence in the field of law, and other related sections concerning contemporary issues in legal scholarship. HAKAMAIN: Journal of Sharia and Law Studies (e-ISSN: 2962-9241) is a double-blind peer-reviewed journal published by Yayasan Lembaga Studi Makwa (Makwa Foundation), Indonesia. The journal is dedicated to disseminating research conducted by researchers, academicians, and practitioners in the field of Islamic law and contemporary legal systems. The articles in this journal are published biannually: January-June and July-December. This journal enthusiastically welcomes submissions from scholars and researchers in related fields who wish to contribute to advancing academic discourse. As a platform committed to maintaining excellence in academic publishing, we prioritize recency, originality, and timeliness in every manuscript we review. We are proud to announce that HAKAMAIN: Journal of Sharia and Law Studies has achieved a significant milestone by being officially indexed in SINTA 4, under the decree of the Ministry of Education, Culture, Research, and Technology of the Republic of Indonesia Number 10/C/C3/DT.05.00/2025. This recognition reflects our commitment to upholding the highest standards of quality and rigor, positioning HAKAMAIN: Journal of Sharia and Law Studies as a trusted and influential academic journal in the global scholarly community. Starting from Volume 4 Number 1 June 2025, HAKAMAIN: Journal of Sharia and Law Studies changed its manuscript template in order to fulfill COPE manuscript standards and ensure high-quality manuscripts. To ensure the integrity of our review process, we kindly remind authors that adherence to submission guidelines is mandatory. Manuscripts that do not comply with our formatting and style requirements will be returned without review. Only manuscripts that align with our guidelines will be considered for further editorial evaluation and peer review. We invite you to join our mission of fostering impactful research and welcome your valuable contributions to HAKAMAIN: Journal of Sharia and Law Studies. Let us collaborate to advance knowledge and make meaningful contributions to the field of Islamic law and contemporary legal systems. Journal Secretariat: Jl. Dusun Pandam Jorong Aro Kandikir, Nagari Gadut, Kecamatan Tilatang Kamang, Kabupaten Agam, West Sumatra, Indonesia, Postal Code 26153.
Implementation of the Prohibition on Withholding Diplomas and Personal Documents by Companies in Indonesia
This study aims to analyze the implementation of the Circular Letter of the Minister of Manpower No. M/5/HK.04.00/V/2025 concerning the prohibition on withholding diplomas and personal documents by companies, focusing on its implications for the protection of workers’ rights and industrial relations in Indonesia. The research employs a juridical-empirical approach, combining a normative review of labor regulations with empirical data gathered through in-depth interviews and field observations in both formal and informal sector companies. The findings show that the policy strengthens the legal basis to prevent document retention practices, which have often been used as a form of control over workers. However, its implementation still faces challenges, including employer resistance, limited managerial understanding of the regulation, weak government supervision, and low worker awareness of their rights. These issues indicate that the effectiveness of the policy depends not only on legal provisions but also on stakeholder awareness and participation. The study concludes that the circular letter has strong potential to transform industrial relations toward a more balanced and trust-based partnership. Nevertheless, this requires continuous policy dissemination, improved enforcement mechanisms, and stronger involvement of labor unions. The academic contribution of this study lies in providing a comprehensive understanding of the interaction between labor regulation and industrial practices, while offering strategic recommendations to enhance the implementation of similar policies in the future. Keywords: Penahanan Ijazah, Menteri Ketenagakerjaan, Perlindungan Pekerja
Copyright (c) 2026 Fadli Januaris https://creativecommons.org/licenses/by-sa/4.0
Legal Sanctions against Soldiers of Kodim 0304/Agam in Online Gambling Crimes
This study aims to analyze the application of legal sanctions against soldiers of Kodim 0304/Agam involved in online gambling crimes and to examine the legal mechanisms used in handling such cases within the framework of military law enforcement. The increasing involvement of military personnel in cyber-based gambling activities has raised concerns regarding legal accountability, military discipline, and institutional integrity. This research employs an empirical legal research method with a qualitative approach through field research, document analysis, and the examination of relevant legal regulations governing military and criminal law. Data were collected through interviews, observations, and supporting legal documents related to the implementation of sanctions for military personnel involved in online gambling activities. The findings indicate that soldiers involved in online gambling crimes are subject not only to criminal sanctions under applicable laws but also to disciplinary sanctions and administrative measures under the military justice system. The imposition of sanctions is influenced by the nature of the offense, the degree of involvement, and institutional considerations related to maintaining military discipline and public trust. The study finds that legal enforcement in military institutions prioritizes both punitive and corrective dimensions to preserve professional conduct among soldiers. This study concludes that the application of legal sanctions against soldiers involved in online gambling requires an integrated legal approach combining criminal responsibility and military disciplinary principles. The academic contribution of this research lies in expanding the discourse on military criminal law and providing a contextual understanding of legal accountability for online gambling offenses within military institutions.
Copyright (c) 2026 Edi Saputra, Syaiful Munandar https://creativecommons.org/licenses/by-sa/4.0
Legal Certainty in Prosecutorial Indictments of Criminal Cases in Tanah Datar Regional Regent Election
This study aims to analyze legal certainty in prosecutorial indictments of criminal cases related to the Tanah Datar Regional Regent Election and to examine factors affecting the consistency of electoral criminal law enforcement within regional democratic processes in Indonesia. The research employed a qualitative juridical approach with a case study design. Data were collected through the analysis of prosecutorial indictments, electoral regulations, court decisions, and interviews with legal actors involved in electoral criminal law enforcement. The findings reveal that prosecutorial indictments were generally formulated in accordance with Indonesian criminal procedural law and electoral regulations by incorporating factual evidence, witness testimonies, and reports from election supervisory institutions. Such formulation contributes to legal certainty in the prosecution process by ensuring that criminal charges are based on clear legal grounds and evidentiary standards. However, several factors affecting legal certainty were identified, including limited institutional coordination, difficulties in obtaining reliable evidence, inconsistencies in legal interpretation, and political pressures during regional elections. The study further demonstrates that legal certainty in prosecutorial indictments plays an important role in ensuring fairness, consistency, and accountability in handling electoral criminal cases. Prosecutorial indictments function not only as procedural legal instruments but also as mechanisms for maintaining democratic integrity and public trust in electoral processes. The study concludes that strengthening legal certainty in prosecutorial indictments significantly influences the quality of electoral justice and democratic accountability in regional elections and contributes to the development of electoral criminal law studies in Indonesia.
Copyright (c) 2026 Fery Ardiansyah, Yenny Fitri Z. https://creativecommons.org/licenses/by-sa/4.0
Protection of Children's Rights During Homicide Investigations at Padang Panjang Police Resort, Indonesia
This study was motivated by the practice of investigating child homicide offenders at the Women and Children Protection Unit (PPA Unit) of Padang Panjang Police Resort, where investigations were conducted by general investigators rather than specialized child investigators. This condition raises concerns regarding the conformity of investigative practices with child rights protection principles as regulated under Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 35 of 2014 concerning Child Protection. Therefore, this study aims to analyze the investigation process involving child homicide offenders and examine whether children’s rights have been substantively fulfilled during such investigations. This study employed an empirical juridical method with a descriptive-analytical approach. Data were collected through interviews, case document studies, and analyses of relevant statutory regulations. Data validity was ensured through source triangulation and cross-checking procedures using official legal documents, including Notification of Commencement of Investigation (SPDP) and case completion reports (P21). The findings indicate that, formally, the rights of children during the investigation process had generally been fulfilled in accordance with existing legal provisions. Children received legal assistance, parental accompaniment, and procedural safeguards during investigations. However, substantively, potential gaps remain, particularly concerning the competence of general investigators in handling child-related cases and the implementation of the best interests of the child principle. The novelty of this research lies in its analysis of the tension between handling serious criminal offenses and implementing child protection principles during investigation practices within the juvenile criminal justice system in Indonesia.
Copyright (c) 2026 Fitri Yanti, Yenny Fitri Z. https://creativecommons.org/licenses/by-sa/4.0
Ambivalence toward Legal Compliance in Unregistered Marriage Practices in Agam Regency, Indonesia
This study aims to analyze the ambivalence toward legal compliance in the practice of unregistered marriage in Agam Regency, Indonesia. Although marriage registration is mandated by national law as a means of ensuring legal certainty and protecting the rights of spouses and children, unregistered marriages continue to occur and are socially accepted in certain communities. This research employs an empirical legal approach with a socio-legal perspective. Data were collected through interviews with religious leaders, marriage actors, community leaders, and relevant government officials, as well as through the examination of legal documents and related regulations. The findings reveal that legal ambivalence emerges from the coexistence of two competing normative systems: religious legitimacy and state legal requirements. Many individuals perceive marriage as valid once religious requirements are fulfilled, while marriage registration is regarded as an administrative rather than substantive obligation. Economic constraints, bureaucratic obstacles, cultural traditions, and limited legal awareness further contribute to the persistence of unregistered marriage practices. The study concludes that legal compliance regarding marriage registration is shaped not only by legal norms but also by social, religious, and cultural considerations that influence individual decision-making. This research contributes to the development of Islamic family law and socio-legal studies by demonstrating how legal pluralism creates ambivalent attitudes toward state law in matters of marriage and family regulation. The findings provide insights for policymakers in designing more effective strategies to promote marriage registration and strengthen legal protection for families.
Copyright (c) 2026 Nabila Inita Zahra, Nofiardi Nofiardi https://creativecommons.org/licenses/by-sa/4.0/
From Customary Law to State Law: Ancestral Property Disputes in Minangkabau through Islamic Law
*]:pointer-events-auto [content-visibility:auto] supports-[content-visibility:auto]:[contain-intrinsic-size:auto_100lvh] R6Vx5W_threadScrollVars scroll-mb-[calc(var(--scroll-root-safe-area-inset-bottom,0px)+var(--thread-response-height))] scroll-mt-[calc(var(--header-height)+min(200px,max(70px,20svh)))]" dir="auto" data-turn-id="request-WEB:9db5e818-0cf0-4f76-99f0-fc99bedb07d6-4" data-turn-id-container="request-WEB:9db5e818-0cf0-4f76-99f0-fc99bedb07d6-4" data-testid="conversation-turn-10" data-scroll-anchor="false" data-turn="assistant"> This study aims to examine the transformation of ancestral property (harta pusaka) disputes in the Minangkabau matrilineal system from customary law (adat) into state law, with a particular focus on how Islamic law interprets, mediates, and influences such conflicts. The research seeks to analyze the tension between adat inheritance norms, which prioritize maternal lineage, and statutory legal frameworks that increasingly regulate property disputes within Indonesia’s national legal system. The methodology employed is qualitative juridical research with a normative-empirical approach. Primary legal materials include Islamic legal texts (Qur’an, Hadith, and classical fiqh), Indonesian inheritance law regulations, and customary law principles of Minangkabau society. Secondary data are derived from scholarly literature, case studies, and relevant court decisions. Data analysis is conducted through comparative legal analysis and interpretative content analysis to identify intersections and divergences among adat, state law, and Islamic legal principles. The findings indicate that ancestral property disputes in Minangkabau arise from dual legal legitimacy between adat inheritance (collective matrilineal ownership) and Islamic inheritance law (individual bilateral distribution). State law functions as an intermediary but often fails to fully reconcile these normative systems, leading to prolonged disputes. Islamic law, particularly through the principles of maslahah (public interest) and ‘urf (custom), provides a flexible framework for harmonizing customary practices with normative Islamic injunctions. The study concludes that a hybrid legal approach is essential to resolve inheritance conflicts in Minangkabau, integrating adat legitimacy with Islamic legal ethics and national legal certainty. The academic contribution of this research lies in offering a comparative synthesis model that bridges customary matrilineal inheritance and Islamic legal theory, contributing to broader discourse on legal pluralism and family law reform in Indonesia.
Copyright (c) 2026 Nabila Fitri Gunawan, Edi Rosman https://creativecommons.org/licenses/by-sa/4.0
How Do Religious Courts Adapt to Digital Justice? Evidence from Family Litigation in Indonesia
The digitalization of judicial services has transformed the administration of justice, including the handling of family litigation in Indonesian Religious Courts. This study examines how Religious Courts adapt to digital justice through the implementation of the e-court system and assesses its implications for family law dispute resolution. Employing a socio-legal approach, the research combines normative legal analysis of judicial regulations with empirical data derived from court reports, official documents, and scholarly literature on digital justice. The findings indicate that the adoption of the e-court system has improved procedural efficiency, reduced administrative barriers, expanded access to justice, and enhanced case management in family litigation. However, several challenges persist, including disparities in digital literacy among court users, limitations in technological infrastructure, and unequal access to internet services, particularly in rural areas. These constraints affect the uniform effectiveness of e-court implementation across jurisdictions. The study concludes that Indonesian Religious Courts have demonstrated substantial institutional adaptation to digital justice, although the overall effectiveness of the system depends on continuous technological upgrading, regulatory refinement, and capacity building for users and court officials. Academically, this research contributes to the growing body of scholarship on digital justice by providing empirical evidence from Indonesia’s Religious Court system and offering analytical insights into the relationship between judicial digitalization, access to justice, and family law adjudication in developing legal systems. This transformation underscores the importance of integrating technology with legal reform to ensure equitable, efficient, and transparent judicial services in the digital era in Indonesia and beyond globally comparative context.
Copyright (c) 2026 M. Doni, Silfia Hanani https://creativecommons.org/licenses/by-sa/4.0
Gender Equality in Prenuptial Agreements from a Contemporary Islamic Family Law Perspective
This study examines the role of prenuptial agreements in promoting gender equality within the framework of contemporary Islamic family law. The research aims to analyze the legal basis and practical relevance of prenuptial agreements as instruments for balancing the rights and obligations of spouses in marriage. This study employs normative legal research using statutory, conceptual, and comparative approaches. The data consist of Islamic legal sources, family law regulations, judicial decisions, and contemporary scholarly literature on gender justice and Islamic family law. The findings reveal that prenuptial agreements are not merely contractual arrangements concerning property ownership but also legal mechanisms that provide greater certainty, transparency, and protection for both spouses. Contemporary Islamic family law increasingly recognizes contractual autonomy, provided that the agreed terms do not contradict Islamic principles, public order, or morality. The study further shows that prenuptial agreements may contribute to gender equality by protecting women’s economic interests, clarifying marital responsibilities, and minimizing disputes arising from unequal bargaining positions within marriage. Their legitimacy can be justified through the principles of mutual consent, contractual freedom, ʿadl (justice), and maṣlaḥah (public benefit). The study concludes that prenuptial agreements constitute a legitimate legal instrument capable of supporting gender equality while remaining consistent with the objectives of contemporary Islamic family law. This study contributes to the literature on Islamic family law reform by offering a gender-sensitive interpretation of prenuptial agreements and highlighting their potential to strengthen equitable marital relations in contemporary Muslim societies.
Copyright (c) 2026 Fatimatuz Zahroni, Bashori Alwi, Adam Adesina Muhammad-Lawal https://creativecommons.org/licenses/by-sa/4.0/
Beyond Parental Conflicts: Reconstructing Child Custody Decisions Through Maslahah Mursalah
This study aims to reconstruct child custody decisions in Indonesia through the perspective of Maslahah Mursalah by examining the extent to which parental conflicts influence judicial determinations and affect the realization of the best interests of the child. Child custody disputes often arise from competing parental claims following divorce, creating legal and practical challenges for judges in determining custody arrangements that genuinely prioritize child welfare. The research employs a normative juridical methodology using statutory, conceptual, and case approaches. Primary legal materials consist of Indonesian family law regulations, judicial decisions concerning child custody, and classical and contemporary Islamic legal sources discussing Maslahah Mursalah. Secondary materials include scholarly articles, books, and legal commentaries relevant to child welfare and Islamic family law. The findings demonstrate that child custody decisions in Indonesia are frequently influenced by formal legal considerations and parental rights claims, while the child’s long-term physical, emotional, educational, and social interests may receive insufficient attention. The analysis further reveals that Maslahah Mursalah offers a comprehensive framework that enables judges to move beyond rigid legal formalism and parental conflicts by focusing on the protection and welfare of children as the primary objective of custody determinations. This approach emphasizes the prevention of harm (mafsadah) and the realization of benefit (maslahah) in accordance with the broader objectives of Islamic law. The study concludes that Maslahah Mursalah can serve as a normative foundation for reconstructing child custody decisions in Indonesia toward a more child-centered and welfare-oriented model. Academically, this research contributes to the development of contemporary Islamic family law by integrating the principle of the best interests of the child with Islamic legal reasoning, thereby providing an alternative framework for judicial decision-making and future reforms in child custody law and practice.
Copyright (c) 2026 Lailul Ilham, Muhammad Zainuddin Sunarto, Muhammad Iqbal https://creativecommons.org/licenses/by-sa/4.0
Between Minangkabau Customary and Islamic Law: Adoption of Children Born Out of Wedlock
This study aims to examine the adoption of children born out of wedlock within the interaction between Minangkabau customary and Islamic law, focusing on legal protection, social acceptance, and the child’s best interests. It also evaluates the compatibility of adoption practices with the objectives of Maqasid Shariah. This research employs an empirical juridical approach using qualitative methods. Data were collected through interviews with customary leaders, religious scholars, adoptive families, and local officials in West Sumatra, supported by observations and document analysis of customary norms, legislation, and Islamic legal sources. The findings reveal that Minangkabau customary law generally accepts the adoption of children born out of wedlock as a means of providing care, family support, and social integration without changing biological lineage. Likewise, Islamic law permits adoption provided that nasab, inheritance rights, and legal identity remain unchanged. Although the legal consequences differ, both legal systems prioritize child welfare and social responsibility. Analysis based on Maqasid Shariah demonstrates that adoption promotes the protection of life, lineage, and property while strengthening family solidarity and social justice. The study concludes that adopting children born out of wedlock can serve as an effective child protection mechanism when implemented consistently with customary and Islamic legal principles. Academically, this research contributes an integrated socio-legal framework combining Minangkabau customary law and Maqasid Shariah, enriching discussions on legal pluralism, child adoption, and child protection while providing a valuable reference for future legal reform, judicial interpretation, and policymaking in Indonesia.
Copyright (c) 2026 Esiesti Ega Wahyuni, Beni Firdaus https://creativecommons.org/licenses/by-sa/4.0
Interlegality of Matrimonial Property Law: Exploring the Dynamics of Property Distribution in West Sumatra
This study explores the interlegality of matrimonial property law in West Sumatra by examining the interaction between Islamic law, Minangkabau customary law, and judicial practice in the distribution of matrimonial property, particularly buildings constructed on harta pusaka tinggi (matrilineal ancestral property). It aims to analyze judicial reasoning in resolving such disputes and assess whether judicial decisions reflect substantive justice within Indonesia’s plural legal system. This research employs a normative legal method using statutory, conceptual, case, and comparative approaches. Primary sources consist of Religious Court decisions on matrimonial property disputes, while secondary sources include legislation, Islamic legal doctrines, customary law principles, and relevant scholarly literature. The findings show that disputes involving harta pusaka tinggi demonstrate interlegality, where Islamic law, customary law, and state law interact in judicial decision-making. Courts distinguish communal ownership of customary inherited land from buildings acquired during marriage, recognizing the latter as matrimonial property while preserving the customary status of ancestral land. This approach balances legal certainty, customary values, and the rights of both spouses without undermining communal ownership. The study concludes that the dynamics of matrimonial property distribution in West Sumatra are shaped by interlegal processes that harmonize Islamic law, customary law, and judicial discretion to achieve substantive justice. Academically, this research contributes to Islamic family law by advancing interlegality as an analytical framework for resolving matrimonial property disputes in plural legal systems and providing a conceptual reference for future comparative legal studies and judicial practice.
Copyright (c) 2026 Embrizal Embrizal, Fauzan Fauzan https://creativecommons.org/licenses/by-sa/4.0
Childfree by Choice: Competing Perspectives from Islamic Law, Indonesian Law, and Human Rights
This study aims to examine the legal status of childfree by choice in Indonesia by analyzing the competing perspectives of Islamic law, Indonesian law, and human rights, while identifying areas of convergence, divergence, and potential harmonization among these normative frameworks. The research employs a normative legal method using statutory, conceptual, comparative, and case approaches. Primary legal materials include the Qur’an, Hadith, the 1945 Constitution of the Republic of Indonesia, the Marriage Law, the Compilation of Islamic Law (KHI), international human rights instruments, and classical and contemporary Islamic legal literature, supported by scholarly publications and relevant judicial decisions. The findings demonstrate that Islamic law generally recognizes procreation as an important objective of marriage but allows contextual legal reasoning in exceptional circumstances. Indonesian law neither explicitly prohibits nor formally recognizes childfree by choice, leaving its legal status subject to interpretation within the existing legal framework. In contrast, the human rights perspective emphasizes reproductive autonomy as a fundamental right, provided its exercise remains consistent with legal obligations and the rights of others. The study concludes that the legal assessment of childfree by choice requires an integrated approach that balances religious principles, national legal norms, and human rights standards rather than relying exclusively on a single legal framework. This study contributes to contemporary Islamic family law scholarship by developing a comparative analytical framework for understanding voluntary childlessness, enriching interdisciplinary legal discourse, and providing normative references for legal reform, judicial interpretation, and public policymaking concerning emerging family issues in Indonesia.
Copyright (c) 2026 Ilham Masri, Ismail, M. Zainal Muttaqin https://creativecommons.org/licenses/by-sa/4.0
Legislative Legitimacy in Multicultural States: West Sumatra Province Law and Indigenous Peoples' Exclusion
This study examines the legislative legitimacy of Article 5 letter c of Law Number 17 of 2022 concerning West Sumatra Province following Constitutional Court Decision Number 97/PUU-XX/2022, focusing on whether the recognition of Minangkabau cultural identity through adat basandi syara’, syara’ basandi Kitabullah (ABS-SBK) reflects legitimate lawmaking while accommodating the recognition and participation of other Indigenous communities in a multicultural society. Employing an empirical juridical method, this study combines statutory, conceptual, comparative, and Islamic legal approaches with field research conducted in West Sumatra from January to April 2026. Primary data were collected through semi-structured interviews with Indigenous leaders, legislators, government officials, constitutional and Islamic law scholars, and civil society representatives, while secondary data included constitutional provisions, Law Number 17 of 2022, Constitutional Court decisions, legislative documents, Islamic legal literature, and international instruments concerning Indigenous Peoples’ rights. The findings reveal that the Constitutional Court affirmed the constitutionality of Article 5 letter c as a recognition of regional cultural identity; however, the provision continues to raise substantive legitimacy concerns due to limited accommodation of other Indigenous identities, particularly the Mentawai Indigenous Peoples. The study concludes that legislative legitimacy in multicultural states requires not only constitutional recognition but also meaningful participation, legal pluralism, and protection of diverse cultural identities. As an academic contribution, this research develops an analytical framework connecting Indigenous rights, multicultural constitutionalism, and Islamic legal values to strengthen inclusive lawmaking and contribute to international comparative constitutional scholarship.
Copyright (c) 2026 Firdaus Arifin, Hardi Putra Wirman, Bagas Ihsanul Umam, Habibul Akhiar, Dea Maulvia Selfitri https://creativecommons.org/licenses/by-sa/4.0
Abortion Law in Indonesia: Reconciling Criminal Justice, Islamic Law, and Human Rights
This study aims to analyze abortion law in Indonesia through the perspectives of criminal justice and Islamic law, particularly following the enactment of Law Number 1 of 2023 concerning the Indonesian Criminal Code. The study examines the legal construction of abortion offences, the criminal regulation established under Indonesia’s new Criminal Code, and the extent to which these provisions correspond with Islamic legal principles and human rights considerations. This research employs a normative juridical method using statutory and conceptual approaches, supported by library research involving the analysis of primary legal materials, including legislation and Islamic legal sources, as well as secondary materials consisting of scholarly works and academic studies on abortion regulation. The findings demonstrate that Indonesian criminal justice maintains abortion as a prohibited act subject to criminal sanctions while providing limited legal exceptions for pregnancies resulting from rape or sexual violence and for medical emergencies. From the perspective of Islamic law, these exceptions may be accepted when they fulfil the principles of necessity and are consistent with the objectives of maqasid al-shari’ah, particularly the preservation of life (hifz al-nafs) and the preservation of progeny (hifz al-nasl). The study concludes that abortion regulation in Indonesia represents a legal reform effort aimed at balancing criminal responsibility, Islamic legal values, and human rights protection. This research contributes academically by enriching the discourse on abortion law reform and demonstrating how criminal justice and Islamic law interact in addressing reproductive issues within a contemporary legal system.
Copyright (c) 2026 Dinda Ayu Arini Chaniago, Noor Azizah https://creativecommons.org/licenses/by-sa/4.0
Ultra Petita Principle: Hadhanah Determination in Medan Religious High Court Decision No. 1/Pdt.G/2025/PTA.Mdn
This study aims to analyze the application of the ultra petita principle under Supreme Court Circular Letter (SEMA) Number 3 of 2015 concerning the determination of child hadhanah (child custody) rights in the Medan Religious High Court Decision No. 1/Pdt.G/2025/PTA.Mdn. The study is motivated by the legal issue concerning the limits of judicial authority in determining hadhanah rights when no claim requesting such determination is submitted by the parties. This research employs a normative juridical method using statutory, case, and conceptual approaches. The findings demonstrate that the application of the ultra petita principle in Decision No. 1/Pdt.G/2025/PTA.Mdn is reflected in the panel of judges' decision to limit its authority to the claims submitted by the parties. Accordingly, the panel did not determine hadhanah rights because no petitum requesting hadhanah was included in the reconventional claim. This reasoning was based on Article 178 paragraph (3) of the Herziene Indonesisch Reglement (HIR) and the provisions of SEMA Number 3 of 2015, which prohibit judges from granting relief beyond the parties' requests unless permitted by law. Therefore, the decision consistently applies the ultra petita principle while promoting legal certainty and procedural fairness in Islamic family dispute resolution. This study contributes to the international literature on comparative Islamic family law by demonstrating how Indonesian religious courts balance judicial restraint with child custody adjudication within a pluralistic legal system, offering insights for comparative studies on judicial discretion and procedural justice in family law.
Copyright (c) 2026 Nurmala Sari, Fauziah Lubis https://creativecommons.org/licenses/by-sa/4.0
The Criminalization of Child Marriage by Parents under Law Number 12 of 2022
This study aims to analyze parental criminal liability for child marriage under Article 10 of Law Number 12 of 2022 on the Crime of Sexual Violence and examine its legitimacy from the perspective of Fiqh Jinayah (Islamic criminal jurisprudence) in relation to the principle of geen straf zonder schuld (no punishment without culpability). The study employs normative legal research using statutory and conceptual approaches, with legal materials analyzed qualitatively through grammatical, systematic, and teleological interpretation. The findings indicate that parental criminal liability should not arise solely because parents facilitate or consent to child marriage but must be supported by proof of coercion, abuse of authority, and criminal culpability. Accordingly, Article 10 should be applied on a case-by-case basis to distinguish coercive conduct from parental involvement influenced by social, economic, cultural, or pregnancy-related circumstances, thereby preventing overcriminalization while ensuring effective child protection. From the perspective of Fiqh Jinayah, forced child marriage constitutes ta'addī (unlawful transgression) that may justify ta'zīr (discretionary criminal sanctions), whereas wilāyah al-ijbār (guardianship with compulsory authority) requires contextual interpretation based on maqāṣid al-sharī'ah (objectives of Islamic law). The study concludes that criminal sanctions achieve substantive justice only when applied proportionally by considering culpability and the surrounding social context. This study contributes to criminal law and Islamic legal scholarship by proposing an integrated normative framework that reconciles the principle of culpability with Fiqh Jinayah, providing doctrinal guidance for interpreting parental criminal liability while contributing to the global discourse on balancing child protection, proportional criminal liability, and legal pluralism.
Copyright (c) 2026 Nazwa Bunga Rezki Perdana Lubis, Iwan https://creativecommons.org/licenses/by-sa/4.0
Beyond Legal Protection: Patriarchal Culture, the Justice Gap, and Domestic Violence in Indonesia
This study aims to examine how patriarchal culture and the justice gap influence the implementation of legal protection against domestic violence in Indonesia and to evaluate their implications for the development of contemporary Islamic family law. This research employs an empirical legal approach through qualitative field research. Primary data were collected through in-depth interviews with victims of domestic violence, law enforcement officers, judges, legal practitioners, religious leaders, women's rights advocates, and social workers, while secondary data were obtained from legislation, court decisions, official reports, and relevant academic literature. The findings demonstrate that patriarchal culture continues to legitimize domestic violence as a private family matter, discouraging victims from seeking legal remedies and influencing institutional responses. The study also identifies a persistent justice gap characterized by inconsistent law enforcement, weak institutional coordination, inadequate victim protection, and social pressures that frequently divert criminal cases into private family settlements. These conditions undermine the effective enforcement of domestic violence legislation and contradict the principles of contemporary Islamic family law, particularly justice, human dignity, equality, and the protection of vulnerable family members. The study concludes that strengthening legal protection requires integrated law enforcement, institutional reform, victim-centered legal services, and the reconstruction of patriarchal norms through the values of contemporary Islamic family law. Academically, this research contributes an empirical socio-legal framework that integrates patriarchal culture, the justice gap, and contemporary Islamic family law, providing both theoretical insights and practical policy recommendations for improving domestic violence prevention and victim protection in Indonesia.
Copyright (c) 2026 M. Ridha Rahmat Putra, Ferdi Yufriadi http://creativecommons.org/licenses/by-sa/4.0
When Concursus Realis Fails: Voortgezette Handeling for Sexual Abuse Against Male Children at Pesantren
This study aims to examine the legal qualification of repeated sexual abuse against male children in pesantren (Islamic boarding schools) by evaluating the application of concursus realis and voortgezette handeling under Indonesian criminal law from the perspective of Islamic law. This study employed an empirical legal method with a qualitative approach through field research conducted from January to March 2026. Data were collected through semi-structured interviews with judges, public prosecutors, investigators, advocates, criminal law scholars, and Islamic law scholars, supported by observations and document analysis. Documentary sources included the Indonesian Criminal Code, Law Number 12 of 2022 on Sexual Violence Crimes, Decision Number 130/Pid.Sus/2024/PN Bukittinggi, Decision Number 989/Pid.Sus/2021/PN Bandung, and related legal documents. The findings indicate that judicial practice predominantly applies concursus realis, emphasizing the plurality of criminal acts while overlooking the continuity of criminal intent and the cumulative harm suffered by child victims. Interview participants considered voortgezette handeling a more appropriate legal framework because it recognizes repeated offenses arising from a single criminal intent, thereby supporting proportional punishment, consistent judicial reasoning, and stronger child protection. This study concludes that reconstructing the application of voortgezette handeling is necessary to strengthen legal certainty, sentencing consistency, and victim protection. Academically, this study contributes an empirical and doctrinal framework integrating Indonesian criminal law with Islamic legal principles to improve judicial responses to continuing child sexual abuse cases.
Copyright (c) 2026 Filda Rosa, Edi Rosman http://creativecommons.org/licenses/by-sa/4.0