Abstract:The development of artificial intelligence (AI) technology has serious implications for the criminal justice system in Indonesia. The emergence of new forms of crime such as cyber laundering, deepfakes, and digital data…
manipulation raises questions about who should be held accountable. This study aims to examine the main challenges in applying criminal law to AI-based entities and offer normative and practical solutions to ensure legal certainty. By using a normative juridical approach and a literature review of Indonesian positive legal regulations and doctrines, this study is expected to contribute to the formation of a ius constituendum that is adaptive to the digital era. The results of the study demonstrate the urgency of reforming national criminal law to accommodate the legal status and responsibilities of AI in the Indonesian justice system.
Abstract:Indonesia faces a dualism within the Islamic fiscal system, where zakat and taxes operate separately without clear integration. This condition raises fundamental questions regarding the relationship between the two from…
a sharia perspective and their implications for fiscal justice among Indonesian Muslims. This study aims to examine and formulate the relationship between zakat and taxes from the perspective of the Qur’an and Hadith in order to produce an applicable reformulation model within the context of Indonesia’s fiscal system. This research employs a qualitative approach using a thematic (maudhu‘i) method applied to primary Islamic texts. Qur’anic verses and Hadiths related to zakat, taxation (kharaj, jizyah, ‘usyur), and fiscal obligations were collected, classified, and comprehensively analyzed to identify the underlying connection between the two. The analysis is further supported by a study of maqashid al-shariah and contemporary ijtihad of Indonesian scholars. This study seeks to produce a reformulation model of the zakat–tax relationship through three possible schemes: (1) a partial substitution model, in which zakat can serve as a deduction for income tax up to a certain limit; (2) a complementary model, positioning zakat as a religious obligation and tax as a civic obligation with distinct functions; and (3) a progressive integrative model, integrating zakat into the national fiscal system through a more comprehensive tax incentive mechanism. The findings indicate that the Qur’an and Hadith provide a flexible foundation for all three models, depending on the context of maslahah and public interest.
Abstract:This study examines structural and spatial gaps in Indonesia’s railway network through a comparative analysis with Japan, India, the Philippines, and Uzbekistan, aiming to formulate adaptive, efficient, and sustainable railway…
railway modernization strategies. Using a qualitative descriptive-comparative approach grounded in pragmatism, the research emphasizes the policy relevance of global best practices adapted to Indonesia’s context. Lessons from Japan and India highlight network integration, business diversification, and logistics efficiency, while the Philippines and Uzbekistan demonstrate the importance of adaptive governance, technological innovation, and institutional reform in strengthening interregional connectivity. In Indonesia, modernization should integrate the roles of PT Kereta Api Indonesia (KAI), the Directorate General of Railways, and local governments to enhance connectivity, improve logistics efficiency, and promote equitable regional development. These findings provide a conceptual and managerial reference for designing inclusive, adaptive, and equitable national public transport policies.
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 study analyzes the challenges of food security and the policy responses of the government in achieving food self-sufficiency in South Sulawesi in 2025. The research aims to identify production-consumption gaps, distribution…
ribution bottlenecks, and the impacts of climate variability and agricultural policies on food availability, accessibility, and affordability. A mixed-methods approach was employed, combining qualitative and quantitative techniques through household surveys, in-depth interviews with farmers and policymakers, field observations, and secondary data from the Central Statistics Agency and the South Sulawesi Agricultural Department.
The results reveal persistent production deficits for rice and soybeans, while corn has reached a surplus, illustrating structural imbalances among staple commodities. Approximately 62% of respondents reported difficulties in transportation and storage due to inadequate infrastructure, contributing to post-harvest losses and unstable food prices. Government programs such as irrigation development, input subsidies, and farmer training have provided partial benefits, yet 57% of farmers indicated irregular access to such support. Moreover, climate shocks such as El Niño continue to depress yields and increase vulnerability among smallholder farmers. Conversely, social capital, manifested in farmer groups and cooperative networks, has played a significant role in sustaining household food availability and resilience.
The findings suggest that food security in South Sulawesi cannot be addressed solely through production increases. A multifaceted strategy is required, emphasizing rural infrastructure development, climate-smart agricultural innovation, institutional and irrigation reform, and community-based mechanisms that strengthen social capital. This integrative approach provides empirical evidence for policy design and contributes to the broader discourse on sustainable food self-sufficiency in Indonesia.
Abstract:This research examines the relevance of adopting the concept of active judges within adversarial common law traditions to Indonesia’s hybrid criminal procedure. The primary objective is to explore whether the active judge…
dge model can strengthen Indonesia’s criminal justice reform without undermining its civil law foundation. This study employs a normative juridical method with a comparative approach, analyzing doctrinal sources, statutory law, and scholarly debates from both civil law and common law perspectives. The findings suggest that while the adversarial system traditionally restricts judges to a passive role, the notion of an active judge has emerged to prevent procedural abuses and ensure substantive justice. For Indonesia, integrating aspects of the active judge model may contribute to enhancing transparency, protecting defendants’ rights, and harmonizing procedural justice with societal expectations. Nevertheless, challenges remain, particularly concerning judicial independence, consistency of application, and potential conflicts with established inquisitorial practices. This study concludes that the adoption of active judge principles must be carefully contextualized, reinforcing Indonesia’s hybrid system rather than replacing its legal traditions.
Abstract:The rapid proliferation of digital markets has intensified legal challenges surrounding the modification and resale of Creative Commons–licensed digital products in Indonesia. This study conducts a doctrinal analysis of…
f the Indonesian Copyright ActLaw No. 28 of 2014) in light of comparative jurisprudence from Japan, Taiwan, and the United States, elucidating how civil-law and common-law systems treat CC licenses. It examines recurring issues ambiguities in “derivative works,” conflicts between non-commercial and commercial exploitation clauses, and failures to observe attribution requirements through practical case studies of software, e-books, music, and video tutorials. Drawing on Satjipto Rahardjo’s progressive legal theory, the research argues for a functional, transformative approach that aligns domestic copyright doctrine with globally harmonized open-licensing principles and substantive justice. The analysis reveals that, under Indonesian law, permissibility hinges on strict adherence to each license’s specific terms; however, current regulations lack clarity, generating legal uncertainty for both creators and users. To address these gaps, the study proposes interpretative guidelines and legislative reforms that (1) define “derivative works” in accord with CC International’s porting model, (2) reconcile non-commercial provisions with legitimate digital markets, and (3) institutionalize attribution standards. Such measures would safeguard creators’ moral and economic rights while fostering equitable digital access and innovation, thereby enhancing Indonesia’s knowledge economy.
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:This study aims to analyze the management of batik as an educational tourism attraction based on local cultural values in Karanganyar Regency, with an emphasis on the involvement of the five key actors in the Penta Helix…
model—government, academia, business sector, community, and media. Karanganyar possesses rich cultural heritage in the form of batik, which holds significant potential to be developed into an educational tourism destination. However, its current management still faces various challenges. This research employed a qualitative descriptive approach, using in-depth interviews, field observations, and document studies for data collection. Data were analyzed using thematic analysis, referring to destination management theory (Cooper et al., 2008) and the concept of edu-tourism (Bodger, 1998). The results reveal that the management of batik educational tourism in Karanganyar has not yet been systematically integrated. Key issues identified include: (1) limited human resources with adequate competence, (2) conventional tourism practices, (3) lack of innovation in tourism product packaging, (4) insufficient institutional coordination and support, and (5) underdeveloped integration between cultural and educational tourism. While there is a strong commitment to cultural preservation from local communities and participation from business actors, structural support from the government and optimization of the media’s role require further enhancement. The implication of this research emphasizes the need for strengthened cross-sectoral collaboration through the Penta Helix framework, the formulation of specific policies for educational tourism development, as well as innovations in digital promotion and context-based cultural education curricula. This study is expected to serve as a reference for policymakers, tourism practitioners, and future researchers in promoting sustainable educational tourism rooted in local culture.
Abstract:This study examines the relationship between the concept of Maqashid Al-Quran and the optimization of budget management in the context of Islamic economics. Using the systematic literature review method, this article collects…
lects and analyzes publications from Scopus indexed journals in the last 10 years to identify conceptual frameworks and indicators of budget efficiency that can be synergized with the principles of Maqashid Al-Quran. The findings of the study show that the implementation of maqashid values—such as the protection of soul, religion, intellect, descent, and property—can be the basis for formulating budgeting policies that are not only efficient but also socially just. In addition, this article develops an innovative analysis model, integrates budget efficiency indicators with the maqashid principle, and offers practical implementation recommendations for researchers and policymakers. The implications of this research are expected to help in the formulation of more holistic and progressive Islamic economic policies. This research has shown that the integration of the principles of Maqashid Al-Quran into budget management has the potential to improve fiscal policy by strengthening aspects of justice, transparency, and efficiency. Using the systematic literature review method, this article not only identifies gaps in the conventional literature, but also offers an innovative framework that can be used as a reference for researchers and practitioners in the development of Islamic economics. The implementation of this framework requires a joint commitment between stakeholders to reform fiscal governance and integrate ethical values at every policy stage. It is hoped that the results of this research will provide inspiration for the development of a long-term strategy that is progressive, based on maqashid in budget management, and will be an important contribution in realizing public governance that is fair, efficient, and oriented towards community welfare.