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Showing 276 articles found for "Legal"

RECONSTRUCTION OF MUHAMMAD IQBAL'S ISLAMIC THOUGHT: A PILLAR OF MODERN ISLAMIC THINKING

Yossar, Yossar, Nur Hakima Akhirani, Mira Yanti Lubis, Fithri Choirunnisa Siregar, Sutan Botung Hasibuan, Rusydi AM, Riki Saputra
Abstract: Muhammad Iqbal emerged during a period of intellectual stagnation in the Muslim world in the early 20th century, introducing a fresh and visionary idea: the reconstruction of religious thought. In his seminal work, The Reconstruction… Reconstruction of Religious Thought in Islam, Iqbal proposed a way out of this stagnation by revitalizing the Islamic intellectual heritage while engaging in a critical dialogue with modernity. This study aims to examine the key concepts of Iqbal's project, including his critique of Greek philosophy, his dynamic view of ijtihad (legal reasoning), his theory of the "Khudi" (Self), his dynamic concept of God and the universe, and his vision of spiritual democracy. Using a qualitative approach with philosophical-hermeneutic analysis, this research concludes that while Iqbal's thought has been widely appreciated as a revitalizing force for Islamic intellectualism, it has also faced criticism concerning its practical implementation and philosophical consistency. The study finds that Iqbal's ideas remain profoundly relevant today, particularly in navigating the challenges of modernity without sacrificing Islamic identity.

THE ROLE OF THE WOMEN'S EMPOWERMENT AND CHILD PROTECTION SERVICE IN HANDLING VIOLENCE AGAINST CHILDREN

Nurul Pratiwi, Eka Fitra Ramadani, Yudhi Andrew Pratama Lumoindon
Abstract: The study aims to analyze the role of the Office of Women’s  Empowerment and Child Protection (DP3A) in handling cases of child abuse in Gowa Regency. The research employs a qualitative approach, with data collected through… hrough observation, interviews, and documentation. The focus of this study is to examine how DP3A carries out its role in addressing child abuse in Gowa Regency and to identify the inhibiting factors it faces in handling such cases. The findings reveal that DP3A Gowa Regency plays a strategic role in addressing child abuse through preventive measures such as community outreach and education, case handling through the UPTD PPA with legal and psychological services, and child recovery programs including counseling, therapy, and social reintegration. Collaboration with schools, the police, the Social Affairs Office, NGOs, and the establishment of a Children’s Forum further strengthens the child protection system in the region. However, the study also identifies several inhibiting factors, including a shortage of professional human resources, limited operational funding, and low public awareness influenced by patriarchal culture and the normalization of violence. These obstacles result in limited services, delays in case handling, and a large number of unreported cases. In conclusion, DP3A Gowa Regency plays an essential role in creating a comprehensive child protection ecosystem, although it still requires greater support in terms of human resource capacity, funding, and shifts in societal paradigms to ensure optimal child protection

MARRIAGE AS A RESPONSE TO PREMARITAL PREGNANCY: SOCIO-CULTURAL CONFINEMENT, LEGAL PLURALISM, AND RELIGIOUS PRAGMATISM IN NORTH HALMAHERA

Bakence, Lutfi, Sultan, Lomba, DL, Rahmatiah, Ridwan, Saleh
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.

PLATFORM-EMBEDDED ENFORCEMENT IN CRYPTOCURRENCY REGULATION: RETHINKING TAXATION AND ANTI-MONEY LAUNDERING IN INDONESIA’S CROSS-BORDER LEGAL CONTEXT

Muyassar, Asyam Shobir, Fitrijanto, Arief, Nurhidayah, Jessika
Abstract: The rapid growth of cryptocurrency transactions presents both opportunities for innovation and risks of cross-border financial crime, including tax evasion and money laundering, which challenge the effectiveness of traditional… tional regulation. This study aims to analyze the effectiveness of platform-based law enforcement particularly the implementation of the Travel Rule, CARF, and KYC in the Indonesian context. The research employs a qualitative multi-site case study method with data triangulation from international literature (FATF, OECD, IMF, Chainalysis, Cambridge) and national regulations (OJK, PPATK, DJP). The findings indicate that cryptocurrency platforms serve as key actors in detection and enforcement; however, their effectiveness is constrained by the sunrise problem, the migration of illicit activities into DeFi and OTC ecosystems, and legal sovereignty tensions arising from the dominance of global platforms. This study introduces the concept of Platform-Embedded Enforcement as a novel theoretical framework, integrating monitoring and enforcement mechanisms directly into platform architectures, thereby enabling compliance to be enforced automatically, in real time, and across jurisdictions. These findings contribute to the development of more adaptive, holistic, and effective cryptocurrency regulation in emerging markets.

ACTIVE JUDGES IN ADVERSARIAL COMMON LAW AND THEIR RELEVANCE TO INDONESIA’S HYBRID CRIMINAL PROCEDURE

Setyawan , Vincentius Patria, Wisnubroto , Aloysius
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.

IMPLEMENTATION OF ARTIFICIAL INTELLIGENCE IN PATENT SYSTEMS: A SYSTEMATIC LITERATURE REVIEW ON EFFECTIVENESS AND LEGAL IMPLICATIONS

Putri , Andi Istiana Inayah Dwi, Putra, Anugrah Ade
Abstract: The integration of artificial intelligence (AI) in patent systems has emerged as a complex area in intellectual property law. This systematic literature review follows PRISMA 2020 guidelines to analyze AI implementation… in patent systems, particularly within the Indonesian context. The study examines 11 key studies published between 2015-2025 through systematic searches across multiple academic databases. Results demonstrate that AI implementation has achieved significant improvements in operational efficiency, particularly in automated patent classification, prior art searching, and examination support systems. Approximately 190,000 AI patents were granted globally between 2000-2022, reflecting increasing technological importance. In Indonesia, AI implementation must align with Law No. 13 of 2016 on Patents as amended by Law No. 65 of 2024. The landmark Thaler v. Vidal case confirms AI cannot be an "inventor" but can serve as an assistive tool with significant human contribution. Key challenges include AI decision-making transparency and knowledge gaps among patent examiners.

ANALYSIS OF THE COMPLETENESS LEVEL OF EMERGENCY DEPARTMENT MEDICAL RECORDS FOR HYPERTENSIVE PATIENTS AT WANGAYA REGIONAL GENERAL HOSPITAL, DENPASAR

Hijrah Baitu Rahman, Ika Setya Purwanti
Abstract: A complete medical record is a crucial part of healthcare delivery, serving as a communication tool between healthcare professionals, legal evidence, and the basis for evaluating and planning hospital services. The completeness… eteness of medical record documentation, particularly in the emergency department, is an indicator of service quality that requires serious attention. The purpose of this study was to determine the percentage of completeness of identification, authentication, recording, and important reporting in the medical records of emergency patients diagnosed with hypertension at Wangaya Regional Hospital, Denpasar City. This study used a quantitative descriptive method. The population was all 330 medical records of emergency patients diagnosed with hypertension. A sample of 199 files was drawn using a probability sampling technique using a simple random sampling approach. The results showed that completeness of identification reached 100%, authentication reached 176 documents (88.44%), recording reached 174 documents (84.44%), and reporting reached 159 documents (79.90%). It can be concluded that identification had the highest level of completeness, while reporting had the lowest level of completeness. Researchers suggest that hospitals increase outreach and supervision of medical staff, especially in emergency installations, regarding the importance of completeness and timeliness of filling out medical record documents.  

LEGAL ANALYSIS OF THE LEGALITY OF MODIFYING AND RESELLING CREATIVE COMMONS-LICENSED DIGITAL PRODUCTS

Nurdiyansyah Sunandar, Firman, Herman Setiawan, Andri, Juaeni, Ahmad, Triestanto, Johannes
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.

LEGAL CERTAINTY OF FINANCING OF MERAH PUTIH VILLAGE COOPERATIVES: INSTITUTIONAL ANALYSIS BETWEEN THE PRINCIPLE OF COOPERATIVE INDEPENDENCE AND STATE INTERVENTION

Hasanudin, Adnan, Winanti , Atik, Jilena Meliala, Aurora
Abstract: This study examines the legal certainty of financing for Indonesia's Desa Merah Putih Cooperative (KDMP) initiative, analyzing the institutional tension between cooperative independence and state intervention. Rooted in… the constitutional mandate for cooperatives as a cornerstone of the Indonesian economy, the KDMP program aims to establish 80,000 village-level cooperatives through state-facilitated credit lines and technical assistance. However, this top-down model raises concerns about undermining cooperative autonomy enshrined in Law No. 25/1992 and the principle of subsidiarity. Employing a normative juridical research design, this study draws on secondary data from legal literature and primary legal materials to systematically examine relevant norms and doctrines. Findings reveal a tenuous alignment between state financing mechanisms and cooperative autonomy, primarily due to the proposed reliance on state-owned bank credit lines rather than direct state budget grants, leading to legal ambiguity regarding accountability and oversight. The potential for mass loan defaults and the contentious use of Village Funds as collateral further complicate legal certainty and risk hidden liabilities. Comparative insights from India's Amul cooperative and the Philippines' barangay cooperatives illustrate successful models where government acts as a facilitator without impinging on cooperative self-governance or member control. This study advocates for a recalibrated regulatory approach featuring transparent oversight, proportional supervision, and participatory decision-making to reconcile developmental imperatives with cooperative principles, ultimately enhancing legal certainty and ensuring that state-supported cooperatives remain genuinely member-driven enterprises.

THE LEGAL POLITICS OF THE FORMATION OF JOB CREATION LAW WITHIN THE FRAMEWORK OF RESPONSIVE LAWS

Febriana, Lega Rahayu, Setiadi , Wicipto, Ahsin Thohari, Ahmad
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.