Abstract:The principle of legality is a fundamental concept in the Indonesian criminal justice system, ensuring legal certainty and the protection of human rights from arbitrary criminal punishment. However, the rapid development…
of modern crimes often leads to legal gaps or vague norms that require judges to conduct judicial law-finding (rechtsvinding) when resolving criminal cases. This research aims to analyze the position of the principle of legality as a legal limit to judicial authority and examine how far judicial law-finding can be carried out without violating the essential principles of criminal law. This study employs a normative legal research method with a statute approach, conceptual approach, case approach, and historical approach. The results demonstrate that the principle of legality plays a crucial role in restricting judicial interpretation to prevent the creation of new offenses that may harm defendants and to ensure punishment can only be imposed based on pre-existing laws. Nonetheless, judicial law-finding remains necessary to address contemporary crimes that are not yet regulated under statutory law. Therefore, a proportional balance between legal certainty and substantive justice is required so that the principle of legality and judicial law-finding can work synergistically within Indonesia’s criminal justice system.
Abstract:The ambiguity of the elements “dealer” and “user” in Articles 114, 112, and 127 of Law Number 35 of 2009 on Narcotics creates legal uncertainty in the practice of criminal justice. These three provisions often overlap in…
erlap in law enforcement, particularly when investigators and public prosecutors apply more severe charges without comprehensively examining the legal construction of the defendant’s actions, including the social and situational context behind them. This study is a normative legal research that examines the doctrine of judicial legal discovery, principles of criminal law, and the principle of proportionality in sentencing in a more in-depth and structured manner. The results of the study indicate that judges have the authority to interpret the elements of narcotics criminal acts systematically, grammatically, and teleologically to clearly distinguish between “abusive users” and “dealers with the intent to distribute.” Legal discovery is needed to prevent overcriminalization and to ensure the protection of the rights of suspects and defendants throughout the entire criminal justice process. This study concludes that the appropriate method of interpretation is an integration of systematic interpretation, teleological interpretation, and the ratio legis of the Narcotics Law.
Abstract:This study aims to analyze the validity of the use of language in the Investigation Report (BAP) of the Suspect in the Gowa Police Criminal Investigation Unit through a forensic linguistic study. The focus of the research…
h is directed at four linguistic aspects, namely diction, syntax, coherence, and ambiguity, which have the potential to affect the accuracy, clarity, and consistency of information in BAP documents. This study uses a qualitative approach with a case study design, involving five Suspect BAP documents as primary data analyzed through qualitative content analysis techniques using the interactive model Miles, Huberman, and Saldaña. The results of the study show that the use of diction in some BAPs does not fully reflect the suspect's literal statements, but is a narrative construction of the investigator that has the potential to cause meaning bias. In the syntax aspect, it was found that the sentence structure was long, ineffective, and layered so that it gave rise to the blurring of the subject of action and the flow of information. The aspect of coherence also shows irregularities in the organization of the chronology which results in the flow of events becoming illogical and making it difficult to understand the sequence of events. Meanwhile, referential and semantic ambiguity is found in a number of parts of the BAP, especially related to the use of unclear pronouns that open up the possibility of double interpretation. These findings indicate that the linguistic aspect plays a crucial role in the validity of BAP as a legal document. Linguistic inaccuracy has the potential to affect the interpretation of law enforcement officials and have an impact on the fulfillment of suspects' rights. This study emphasizes the need to improve language competence for investigators and the application of forensic linguistic principles in the preparation of investigation documents.
Abstract:Gender issues in public spaces and Muslim communities have increasingly gained attention in academic discourse due to their strong connection with social norms, cultural values, and religious interpretations that shape women's…
omen's patterns of participation. This study aims to examine the influence of gender norms and values within Muslim communities on women’s engagement in public spaces, uncover the challenges they face, and formulate recommendations based on feminist and social constructionist perspectives to promote gender equality. The research employs a Systematic Literature Review (SLR) method by tracing reputable academic databases through rigorous selection and thematic analysis. The findings reveal that Muslim women’s participation in public spaces is often hindered by patriarchal constructions, discrimination, and limited access. Nevertheless, women have developed strategies of resistance and negotiation that expand their roles. Thematic analysis identifies three main patterns: women’s representation in public spaces, gender-based social practices that impose limitations, and resistance strategies through religious reinterpretation and community activism. This article contributes to theoretical development by enriching global feminist perspectives through the lived experiences of Muslim women while also offering practical contributions in the form of inclusive and socially–religiously sensitive public policy recommendations. The implications highlight the importance of cross-cultural studies and the exploration of women’s experiences at the local community level to broaden understanding of gender equality in contemporary Muslim societies.
Abstract:Marriage involving pregnant women outside wedlock remains a critical socio-cultural and legal phenomenon in Indonesia, particularly in North Halmahera where family honor, religious authority, and customary law strongly influence…
nfluence communal life. This study aimed to explore how such marriages are understood, legitimized, and practiced by families, community leaders, and legal institutions. Using a qualitative case study approach, data were collected through in-depth interviews with religious leaders, adat leaders, government officials, parents, and young women, complemented by participant observation and document analysis, and analyzed with an interactive model of reduction, display, and conclusion drawing. The findings reveal that marriage is primarily arranged to safeguard family honor, with communities regarding it as the only socially acceptable corrective measure, while religious leaders across traditions adopt pragmatic interpretations, invoking public interest or redemption to justify the practice, and customary rituals together with state dispensations further reinforce its legitimacy. Although marriage resolves immediate stigma and reintegrates families socially, it simultaneously generates long-term vulnerabilities, including interrupted education, economic dependence, marital instability, psychological stress, and increased maternal and neonatal health risks. This study contributes to the sociology of law and religion by demonstrating how socio-cultural confinement, Islamic legal pluralism, and adat practices converge in eastern Indonesia, while underscoring the urgent need for holistic interventions that integrate sexuality education, family communication, religious engagement, and legal reform to protect women and children more effectively.
Abstract:This article examines in depth the relationship between the Qur'an and the concept of diversity in the context of modern society. By using a qualitative approach and content analysis of Qur'anic verses that touch on the…
issue of ethnic, religious, and racial differences, this study seeks to uncover the universal and contextual dimensions of the principles of diversity in Islamic teachings. Gadamer's hermeneutic approach is used as a theoretical framework for critically interpreting Qur'anic texts, with the aim of contributing to the treasure trove of modern interpretations of pluralism. The findings of the study show that the Qur'an, through verses that emphasize the unity of humanity and respect for diversity, provides a strong foundation for the implementation of diversity values. The discussion also explained the social implications of the application of the principle of diversity according to the Qur'an, including in the context of politics, education, and intercultural relations in pluralistic societies. By integrating critical analysis of sacred texts with empirical data and theoretical studies, this article is expected to make a significant contribution to the research treasure trove of Islamic studies and pluralism. This research emphasizes that the role of the Qur'an in upholding the value of diversity is multi-perspective; It not only provides spiritual guidance, but also offers an ethical framework that can foster the construction of an inclusive, just, and harmonious modern society. The purpose of this research is to elaborate on the role of the Qur'an as a source of values of diversity and pluralism, by tracing relevant verses and relating them to the social reality on the ground. Thus, this research not only aims to provide textual analysis, but also examines the practical application of the teachings of the Qur'an in promoting peace and social justice in the era of globalization. This research is expected to be an important reference for researchers and academics of Islamic studies and pluralism in an effort to strengthen interfaith dialogue and increase tolerance and social justice.
Abstract:The eschatological phenomenon which states that life in the world will end when death comes, so that those who experience death will be delivered to the afterlife, this becomes a theological basis for Muslims to be implied…
ed in their lives in the world, because the afterlife along with its fate or journey is a reflection of oneself in living life in the world. Examining the verses of the Qur'an that discuss the afterlife has relevance to the interpretation of Shaykh Najmuddin al-Kubra in the book of tafsīr at-ta'wīlāt an-najmiyyah which has a style of isyari or sufistic interpretation, so that understanding the verses about the afterlife becomes new knowledge that is applied and experienced using the heart. This research produces a discussion of the verses of the Qur'an that explain the afterlife, such as the explanation of the realm of barzakh (QSal-Mu'minun: 100), the Day of Judgment (QSibrahīm: 48), the realm of resurrection (QSar-Rūm: 56), Yaum al-Mīzān (QSal-A ʻraf : 8-9), Yaum al- Ḥisāb (QSal-Kahf: 49), Yaum at-Tagābun (QSat-Tagābun: 9), Yaum al-Aʻraf (QSal-Aʻraf: 46), hell (QSal-Baqarah: 24), and heaven (QSaz-Zumar: 73). Thus, this research concludes that the fate of a creature will be determined according to the good deeds carried during life in this world. If more good deeds are brought then the fate of life in the afterlife will be determined by Allah SWT, but conversely if there are more bad deeds brought then the fate of life in the afterlife will be a place cursed by Allah SWT.
Abstract:The introduction of the omnibus methodology to Indonesian lawmaking through the Job Creation Law has generated intense scholarly debate over the balance between regulatory efficiency and democratic legitimacy. Drawing on…
Nonet and Selznick’s responsive law theory, this study examines the legal politics underpinning the formation of Law No. 11 of 2020, PERPPU No. 2 of 2022, and Law No. 6 of 2023 within Indonesia’s civil‐law framework. Using normative legal research methods including statutory interpretation, constitutional doctrinal analysis, and comparative legal study this article traces the procedural trajectory from initial draft to successive judicial reviews (Decision Nos. 91/PUU-XVIII/2020 and 168/PUU-XXI/2023). The findings reveal systemic procedural deficiencies: exclusion of affected stakeholders, lack of meaningful public participation, and executive reliance on emergency powers instead of mandated legislative revision. The Constitutional Court’s interventions have served as corrective “strange attractors,” introducing “meaningful participation” requirements (right to be heard, right to be considered, and right to explanation) and compelling the government to adopt legislative reforms. However, persistent executive resistance underscores enduring tensions between efficiency‐oriented omnibus reforms and procedural legitimacy. The study concludes that forthcoming legislative efforts particularly the mandated separate Employment Law will determine whether Indonesia’s legal system advances toward genuinely responsive law or reverts to repressive practices. These insights hold broader significance for comparative constitutionalism and the global discourse on omnibus legislation in developing democracies.
Abstract:Quantitative research is a crucial foundation in the scientific landscape to understand phenomena objectively and measurably. Although essential, there is often a gap between methodological idealism and research practice,…
, especially among novice researchers, which is indicated by the use of quantitative methods that are not optimal in student theses due to lack of mastery of methodology and statistics, marked by inconsistencies in variable logic, lack of theoretical basis, data bias, sampling technique errors, to inaccuracy in testing the validity of instruments and statistical analysis. Through a systematic and comprehensive literature review, this article aims to present a complete picture of the “roadmap” of quantitative research, including the essence, principles, key stages (starting from problem formulation, sample determination, instrument development, data collection, to analysis and interpretation of results), and its various types, rooted in the positivist paradigm that emphasizes objectivity and hypothesis testing. Although quantitative research offers significant advantages such as time efficiency and generalizability, challenges such as difficulty in data collection and lack of in-depth analysis also need to be overcome, so improving methodological and statistical training is crucial to producing valid, accountable scientific work that contributes significantly to the development of science.
Abstract:Parental responsibility towards children with disabilities in Islamic legal analysis emphasizes the principles of compassion, justice and protection of every individual, including those with special needs. In Islam, children,…
dren, including children with disabilities, are considered as a mandate given by Allah SWT to parents. Therefore, parents have a great responsibility in caring for, protecting and guiding their children comprehensively, including physical, mental and spiritual aspects. The focus of research in writing this thesis is the responsibility of parents towards children with special needs. The purpose of the study is to analyze and understand the perspective of Islamic law on parental responsibility towards children with disabilities comprehensively in Kisaran Barat District, Asahan Regency. This method uses a qualitative research method which is a process of various steps involving researchers, theoretical and interpretative paradigms, research strategies, data collection methods and empirical data analysis as well as the development of interpretations and presentation of research results. Children with disabilities have physical limitations, hearing limitations, vision limitations, intellectual limitations, emotional behavioral limitations and communication limitations. Islamic law teaches that parents must provide affection and fair treatment without discriminating between children with special needs and children without, and requires parents to seek education and life skills that will enable children with disabilities to participate well in society. In an effort to meet their needs, Islam also allows parents to seek professional help, such as therapy or health services, to support their child's development.