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Showing 87 articles found for "Rights"

AN ANALYSIS OF THE ISLAMIC LEGAL MAXIM ADH-DHARARU YUZAL REGARDING MARITAL RAPE

Firdaus, Muhammad Rizal, Zahra, Syifa Fedira Az, Dari, Maieva Wulan, Nugroho, Budi Setyo, Famelia, Zella
Abstract: This article examines the review of the adh-dhararu yuzal fiqh rule on marital rape (marital rape). This is a real threat to victims of marital rape, especially women. Unfortunately, the majority of the general public often… ten views it as a wife's obligation to fulfill her husband's lust. This article aims to provide insight and in-depth understanding of marital rapem and invite the public to understand marital rape in the adh-dhararu yuzal review that it is contrary to Islamic law and the rules of fiqh. This article uses library research methods as well as a qualitative research approach and qualitative descriptive data collection through observations, documentation and descriptive analysis. The results of the study clarify the adh-dhararu yuzalu fiqh rule which emphasizes that evil must be eliminated, provides a basis for respecting women's rights in marriage and responding to rape as a violation that must be stopped.

Analysis of Sharia-Based Governance in The Takaful Industry: A Review of Contemporary Literature

Lubis, Muhammad Arifin, Husna, Asmaul, Sari, Sella Kurnia, Hanum, Fauziah
Abstract: This study aims to explore and evaluate the development of studies on shariah-based governance in the takaful industry through a systematic literature review approach. Sharia governance has an important role in ensuring… that all processes, policies, and operational activities of takaful companies are implemented in accordance with sharia regulations, while supporting the principles of transparency, accountability, fairness, and protection of participants' rights. This study uses the Systematic Literature Review (SLR) method by adopting the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) 2020 guidelines. The databases used are Scopus and Google Scholar with the keywords "Shariah Governance", "Islamic Governance", "Takaful Industry", "Takaful Governance", and "Shariah Governance in Takaful". Through the process of identification, screening, and feasibility assessment, 7 articles that meet the inclusion criteria were obtained for thematic analysis. The results of the study show that the effectiveness of sharia governance in the takaful industry is determined by five main elements: the role and competence of the Sharia Supervisory Board (DPS), the sharia compliance and audit system, the corporate governance mechanism, the transparency of information disclosure based on AAOIFI standards, and the support of the regulatory framework. This research provides theoretical contributions to the development of the concept of sharia governance in the Islamic insurance industry as well as practical recommendations for regulators, takaful operators, and Sharia Supervisory Boards.

Beyond The Hype: a Real World Evaluation of Blockchain's Role in Democratizing Agri Food Systems

Dzreke, Simon Suwanzy
Abstract: Blockchain technology is touted for democratizing supply chains, but 30–40% of smallholder farmers are excluded from fair market participation due to information gaps and power imbalances. The first complete empirical examination… examination of blockchain's capacity to empower disadvantaged farmers in Global South agri-food systems. The paper examines 15 large-scale implementations, including Kenyan coffee cooperatives and Indian dairy collectives, using a rigorous mixed-methods methodology. Technical scalability in resource-limited situations, governance structures that promote meaningful multi-stakeholder engagement, and quantifiable inclusion results for small-scale farmers are thoroughly examined. Comparative case study, agent-based adoption modeling, and quasi-experimental effect evaluation by Propensity Score matching reveal that blockchain's potential is not automatic nor inherent in eight nations. Techno-institutional synergy, not technological complexity, improves democracy, the research shows. Hybrid governance systems with farmer-controlled validator nodes and tokenized decision-making rights enhanced smallholder involvement by 58% and premium retention by 78% over corporate-controlled systems. However, technologically sophisticated deployments without institutional expertise frequently increase power concentration and exclusion. The blockchain viability index helps identify optimal deployment conditions for different commodities, empirical evidence challenges the idea that decentralization automatically promotes inclusion, and the inclusion-by-design framework helps policymakers embed equitable principles into decentralized agri-tech from the start. This study shows food system digitization practitioners and scholars that genuine democratization occurs when technology drives institutional transformation.

Property Rights In The Perspective Of The Qur'an (A Comparison Of Ownership In The Capitalist, Socialist And Islamic Economic Systems)

Sudarmi, Abubakar, Achmad, Irham, Muhammad
Abstract: Islamic views on property ownership depart from the notion that individuals have an innate desire to possess property (fithrah), as Islamic societies depend on other people to function. The riches or money that Allah SWT… has bestowed upon this universe is a gift to humanity and should be used as efficiently as possible to ensure everyone's financial security. One topic covered in economics classes, including socialism, capitalist, and Islamic economics, is ownership rights. Ownership rights are determined by certain characteristics of each economic system. The number of assets (goods and services) that can be owned is limited under a socialist economy, but the method of acquisition (quality) remains unconstrained. This suggests that you can distribute it in whatever way you want. Meanwhile, the capitalist economic system views property ownership as unlimited, both in terms of quantity and quality; that is, any kind of property ownership is acceptable as long as it does not restrict the freedom of others. Islam acknowledges, but does not fully give, the right of humans to own the materials they use for production and consumption, in contrast to socialism and capitalist economic systems.

IMPLEMENTASI KEBIJAKAN PEMASYARAKATAN DALAM PEMENUHAN HAK PELAYANAN KESEHATAN WARGA BINAAN DENGAN HIV DI LAPAS NARKOTIKA KELAS IIA JAKARTA

Devy Elzanila Rahmah Dhany, Rahmawati, Rahmawati
Abstract: Pelaksanaan kebijakan pemasyarakatan dalam pemenuhan hak pelayanan kesehatan warga binaan dengan HIV/AIDS masih menghadapi persoalan mendasar yang bersifat menyeluruh. Meskipun Undang-Undang Nomor 22 Tahun 2022 tentang Pemasyarakatan… emasyarakatan secara tegas mengamanatkan bahwa setiap warga binaan berhak mendapatkan pelayanan kesehatan yang setara dengan standar nasional, realitas di lapangan menunjukkan bahwa keterbatasan tenaga medis, lemahnya sosialisasi regulasi kepada pelaksana di level operasional, prosedur birokrasi yang belum sepenuhnya disesuaikan dengan regulasi terbaru, serta melemahnya jejaring pendampingan dari lembaga swadaya masyarakat menjadi hambatan nyata dalam pelaksanaannya. Penelitian ini bertujuan menganalisis implementasi kebijakan pemasyarakatan dalam pemenuhan hak pelayanan kesehatan warga binaan dengan HIV/AIDS di Lapas Narkotika Kelas IIA Jakarta menggunakan model implementasi kebijakan George C. Edwards III. Metode yang digunakan adalah kualitatif deskriptif dengan teknik pengumpulan data melalui wawancara mendalam, observasi lapangan, dan studi dokumentasi terhadap 13 informan. Hasil penelitian menunjukkan bahwa implementasi telah berjalan, namun belum optimal, dengan dimensi disposisi menjadi kekuatan utama, sementara keterbatasan tenaga medis dan kesenjangan sosialisasi regulasi menjadi hambatan paling kritis. Melalui empat dimensi Edwards III, yaitu komunikasi, sumber daya, disposisi, dan struktur birokrasi, penelitian ini mengidentifikasi celah sekaligus kekuatan dalam pelaksanaan kebijakan agar warga binaan dengan HIV/AIDS dapat memperoleh pelayanan kesehatan yang manusiawi dan bermartabat. Kata Kunci: Pelayanan Kesehatan, HIV/AIDS, Implementasi Kebijakan, Pemasyarakatan. The implementation of correctional policy faces ongoing systemic obstacles in fulfilling the health service rights of inmates with HIV/AIDS. Despite Law Number 22 of 2022 on Corrections mandating equivalent health services for inmates, practical challenges persist, including a shortage of medical personnel, inadequate dissemination of regulations, misaligned bureaucratic procedures, and limited support from non-governmental organizations. This study argues that these barriers significantly hinder the realization of humane and dignified health services for inmates with HIV/AIDS. Using George C. Edwards III's policy implementation model, the study examines these issues at the Class IIA Narcotics Correctional Institution in Jakarta. Employing a descriptive qualitative approach, it draws on in-depth interviews, field observations, and document analysis with 13 informants. Findings indicate that while policy implementation is underway, it is not yet fully optimal; disposition emerges as a strength, but medical resource limitations and weak regulatory communication remain significant barriers. Through Edwards III’s four dimensions—communication, resources, disposition, and bureaucratic structure—the study identifies gaps and strengths to guide more effective health service delivery for inmates with HIV/AIDS. Keywords: Health service, HIV/AIDS, Policy Implementation, Prisoner

LEGAL POLICY ON HANDLING CORRUPTION BASED ON MASLAHAH: THE PROBLEM OF DISPARITY IN THE IMPLEMENTATION OF ARTICLE 4 OF LAW OF THE REPUBLIC OF INDONESIA NUMBER 31 OF 1999

Yardi, Piet, Ulum, Bahrul, Halim, Abdul
Abstract: This research is motivated by the issue of the effectiveness of witness and victim protection within the Indonesian criminal justice system, which is considered not yet to fully reflect the values of restorative justice… nor to be harmoniously integrated into the framework of the national legal system. Although regulatory frameworks have been established through Law Number 13 of 2006 as amended by Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, as well as various regulations related to whistleblower and justice collaborator protection, their implementation continues to face normative and structural weaknesses. The lack of synchronization between the Criminal Procedure Code (KUHAP), the Draft Criminal Procedure Code (RUU KUHAP), and other sectoral regulations has resulted in the suboptimal role of the Witness and Victim Protection Agency (LPSK) in guaranteeing the rights of witnesses, victims, perpetrator-witnesses, and reporters, particularly in criminal cases with broad and organized impacts. From the perspective of maqāṣid al-syarī‘ah and the Pancasila Justice Theory, legal protection for witnesses and victims should not be merely procedural-formal in nature, but must be directed toward the restoration of dignity, the assurance of security, and the comprehensive protection of human rights. This study aims to analyze the regulatory weaknesses in witness and victim protection from the perspective of the criminal justice system and to reconstruct such regulations based on restorative justice values. Employing a normative legal research paradigm combined with conceptual, statutory, and theoretical approaches, this research positions the Pancasila Justice Theory as the grand theory, the Legal System Theory as the middle theory, and the Legal Protection Theory as the applied theory. The findings indicate that regulatory reconstruction is necessary through strengthening the institutional position of LPSK, harmonizing it with the Draft Criminal Procedure Code (RUU KUHAP), and reinforcing the protection of whistleblowers and justice collaborators in a more comprehensive and non-discriminatory manner. This reconstruction is directed toward establishing a witness and victim protection system oriented toward restoration (restorative justice), balanced interests among the parties, and the realization of social justice as mandated by the values of Pancasila and human rights principles.

DISASTER RISK GOVERNANCE AND SOCIO-ECOLOGICAL VULNERABILITY IN THE DEVELOPMENT OF REMPANG ISLAND

Oktaviane, Diga Putri, Yustina, Yustina
Abstract: The development of Rempang Island through the Rempang Eco-City project has become one of Indonesia’s strategic initiatives to promote investment, industrialization, and regional economic growth in coastal areas. While the… the project is expected to strengthen economic competitiveness and attract large-scale investment, its implementation has generated significant social, environmental, and governance challenges. Existing studies on Rempang have primarily focused on land disputes, relocation issues, and agrarian conflicts, with limited attention given to disaster risk governance and socio-ecological vulnerability perspectives. This study aims to analyze the development of Rempang Island through the lens of Disaster Risk Governance (DRG) and socio-ecological vulnerability to understand how development policies, environmental change, and governance arrangements interact in shaping risks within coastal regions. This study employs a qualitative approach using literature review and policy analysis. Data were collected from government regulations, official reports, public policy documents, human rights reports, academic publications, and other credible secondary sources. The analytical framework integrates disaster risk governance, socio-ecological vulnerability, and public policy theories. The findings indicate that the Rempang conflict should not be understood solely as an agrarian dispute or community resistance to relocation. Instead, it reflects broader governance challenges associated with integrating disaster risk considerations into coastal development policies. The project has the potential to generate socio-ecological vulnerabilities related to land tenure uncertainty, livelihood transformation, cultural identity concerns, environmental pressures, and limited stakeholder participation. The study argues that sustainable coastal development depends not only on economic investment but also on the capacity of governance systems to manage emerging risks through collaborative, adaptive, and inclusive approaches. The article contributes to the literature by positioning the Rempang case as a governance-of-risk issue and highlighting the need to integrate economic development, environmental sustainability, and disaster risk reduction within coastal governance frameworks.

ANALYSIS OF ENVIRONMENTAL DISASTER MITIGATION ON REMPANG ISLAND : EVALUATION AND CANCELLATION OF NATIONAL STRATEGIC DEVELOPMENT POLICY

Ma’rifatullah, Tauhid, Yustina, Yustina
Abstract: The conflict surrounding the Rempang Eco-City National Strategic Project (PSN) on Rempang Island, Batam City, Riau Islands Province, is one of the most complex development policy crises of the past decade. This study analyzes… lyzes the neglected environmental disaster mitigation dimensions in the acceleration of the Rempang Eco-City PSN from nine environmental perspectives, while evaluating whether the cancellation of this strategic development policy is a normatively and empirically justifiable choice. Using a qualitative research approach with a case study design, the study combines regulatory analysis based on legal documents including Laws, Government Regulations, Presidential Regulations, Ministerial Regulations, Environmental Impact Assessment (AMDAL) documents, and the Batam City Spatial Plan (RTRW) with field data from secondary sources compiled between 2023–2025. The findings reveal four main conclusions: (1) regulatory incoherence exists between Permenko Ekuin No. 7/2023 and Law No. 32/2009 on Environmental Protection and Management (PPLH) as well as Law No. 27/2007 on Coastal Zone Management; (2) the AMDAL process was carried out procedurally without participatory substance and was only initiated after the conflict erupted; (3) environmental impacts including threats of deforestation of protected forests, mangrove ecosystem degradation, and sea sand exploitation have not been adequately mitigated; and (4) resistance from approximately 80% of affected residents indicates a failure of the Free, Prior, and Informed Consent (FPIC) principle. The most recent development shows that through Presidential Regulation (Perpres) No. 12 of 2025, signed by President Prabowo Subianto on February 10, 2025, Rempang Eco-City is no longer listed among the 77 national strategic projects. This study recommends a comprehensive policy evaluation for Rempang Island development based on an independent AMDAL review, fulfillment of the rights of the Malay indigenous community, and a moratorium on all construction activities until legal certainty is established.

POLICY EVALUATION OF THE REMPANG–GALANG GLASS FACTORY DEVELOPMENT FROM SOCIAL AND ENVIRONMENTAL JUSTICE PERSPECTIVES

Nurmasari, Nurmasari, Yustina, Yustina
Abstract: The development of a glass manufacturing plant within the Rempang Eco City project on Rempang Island, Riau Islands Province, represents the Indonesian government's strategy to promote investment and accelerate economic growth… rowth through the National Strategic Project (PSN) framework. Despite its potential to increase investment, create employment opportunities, and strengthen industrial competitiveness, the project has generated social conflict and environmental concerns. This study aims to analyze the policy rationale underlying the Rempang–Galang glass factory development, examine its implications for social and environmental justice, and evaluate the policy using William N. Dunn’s policy evaluation model. This research employs a qualitative case study approach. Data were collected through a systematic literature review of policy documents, reports from government institutions and civil society organizations, and relevant academic publications. The data were analyzed using content analysis based on the theoretical frameworks of social justice, environmental justice, and public policy evaluation. The findings reveal that the Rempang–Galang development policy is primarily driven by economic growth and investment-oriented objectives. Its implementation has led to an unequal distribution of development benefits and burdens, reflected in the risks of community relocation, loss of living space, pressure on coastal ecosystems, and the emergence of agrarian conflicts. Evaluation based on Dunn’s criteria indicates persistent challenges related to equity, responsiveness, adequacy, and appropriateness. The study concludes that a more participatory, equitable, and sustainable development approach is required through stronger protection of local community rights, inclusive environmental governance, and a fairer distribution of development benefits.

THE QURAN AND THE DOWRY-GIVING TRADITION: A RELIGIOUS AND CULTURAL PERSPECTIVE ANALYSIS

Munadir, Rahmat
Abstract: This study aims to reveal the relationship between the values contained in the Qur'an and the traditional practice of dowry (mahr) giving, viewed from both religious and cultural perspectives. Using a qualitative approach… h based on the textual analysis of Qur'anic verses and in-depth interviews with experts in religious studies and cultural anthropology, this research integrates the frameworks of maqasid al-sharia and cultural anthropology theory to analyze the historical and contemporary transformation of dowry practices. The study also explores the symbolic meaning of dowry, not merely as an obligation but as a form of recognition of women's dignity and rights within the family. Furthermore, it examines the socio-economic factors influencing the amount of dowry and how these factors affect social structures and gender relations within society. In addition, comparisons are made with dowry practices in various other cultures and religions, enabling a deeper understanding of both the unique and shared aspects of universal human values. This comprehensive analysis seeks to provide new insights and a concrete contribution to contemporary discussions on the role of religion in social and cultural life, as well as the challenges of integrating tradition with the needs of modern society. The findings indicate that the practice of dowry giving, as prescribed in the Qur'anic verses, possesses profound normative and strategic values in ensuring justice and social balance within the family structure. Every element of the dowry is not merely symbolic but also embodies meanings that reflect responsibility, respect, and commitment in married life. Over time, the understanding and implementation of this tradition have undergone significant changes, influenced by evolving social, economic, and cultural conditions. This highlights the importance of not only preserving the tradition but also adapting it to meet the demands of contemporary society.