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All Journal Syariah: Jurnal Hukum dan Pemikiran Jurnal Hukum Lex Generalis UNES Journal of Swara Justisia Banua Law Review Journal of Islamic and Law Studies (JILS) Priviet Social Sciences Journal Mawaddah: Jurnal Hukum Keluarga Islam Journal Customary Law Al-Zayn: Jurnal Ilmu Sosial & Hukum Journal of Contemporary Law Studies Open Access DRIVERset Nusantara: Journal Law and Islamic Law Punggawa Law Review
Ahmad Mubarak
Universitas Islam Negeri Antasari Banjarmasin
Religion Humanities Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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A critical review of the legal implementation of chemical castration for perpetrators of child sexual abuse Ziyada Wulan Wulida; Ahmad Mubarak
Priviet Social Sciences Journal Vol. 6 No. 7 (2026): July 2026
Publisher : Privietlab

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55942/pssj.v6i7.1942

Abstract

Although chemical castration has been recognized in Indonesian child protection law since 2016, its implementation remains normatively and practically problematic, particularly because Government Regulation No. 70 of 2020 requires the sanction to be executed only after the convict has completed the principal sentence. In addition, there is the issue of court rulings that lack enforceability. This study employs a normative legal method using statutory, case, and conceptual approaches to examine Article 9(c) of Government Regulation No. 70 of 2020, selected criminal judgments imposing chemical castration, sentencing principles, medical ethics and human rights standards. The results of this study demonstrate that chemical castration is implemented after the convicted person has completed their primary sentence. This creates an opportunity for offenders to escape. Furthermore, prosecutors and police must coordinate again to carry out the arrest. If the results of the clinical examination indicate that the offender is eligible for chemical castration, the professional code of ethics for doctors and healthcare workers in Indonesia considers that castration would tarnish the medical profession. Here, it is evident that a court ruling with the force of law lacks enforceability. This article argues that Article 9(c) should be reformulated to require a clinical assessment and, where legally and medically permissible, the execution of chemical castration before the convict’s release. Where the convict is declared medically unfit, the judgment should not be treated as void but should trigger a judicially supervised substitution mechanism involving electronic monitoring, mandatory rehabilitation and post-release supervision.
The Ontological Dimension of Adat Badamai in Legal Conflict Resolution: A Restorative Justice Perspective Ahmad Mubarak; Nisa Adelia
Journal Customary Law Vol. 3 No. 1 (2025): December
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/jcl.v3i1.5596

Abstract

This study aims to dissect the ontological dimension of Adat Badamai in legal conflict resolution through the lens of restorative justice. The primary focus is to understand the essential nature of local values as a foundation for living law within the community. This is normative legal research employing conceptual and legal philosophy approaches. The analysis is conducted on secondary legal materials, including customary law literature and theories of justice. Data are analyzed qualitatively and descriptively to dissect the norms and values embedded within Adat Badamai. The findings indicate that ontologically, Adat Badamai is rooted in the values of balance and communality, representing the existential nature of law as a living state of social equilibrium rather than mere dogmatic rules. From a restorative justice perspective, this norm perceives legal violations not merely as breaches of statutory law, but as a disruption of human relations. Adat Badamai serves as a normative bridge that prioritizes victim restitution and social reconciliation through a consensus that is both morally and legally binding. Philosophically, Adat Badamai holds a position as an independent legal norm relevant to the Pancasila legal ideals. Strengthening this ontological dimension provides theoretical legitimacy for the implementation of restorative justice that is deeply rooted in Indonesia's national identity.
Rezim Harta Perkawinan dalam Hukum Islam: Analisis Perbandingan Mazhab dan Integrasinya ke dalam Tata Kelola Ekonomi Islam Modern Ahmad Mubarak; Nahdia Nazmi; Muhamad Rahmani Abduh; Nurul Azkia; Novy Listiana; Iqnaul Umam Ashidiqi
Syariah: Jurnal Hukum dan Pemikiran Vol 26 No 1 (2026): Contemporary Transformations of Islamic Law: Governance, Justice, Family, and Su
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v26i1.20553

Abstract

The economic transformation of contemporary Muslim families has significantly reshaped the ownership, management, and distribution of property within marriage. This development has generated legal tension where classical fiqh, which generally upholds separate ownership between spouses, confronts the realities of dual-income households, women’s economic contribution, and increasing state intervention in the pursuit of family justice. Marital property must therefore be understood not merely as a matter of private law, but as an issue located at the intersection of Islamic family law, Islamic economic law, comparative madhhab analysis, and state legal governance. This article aims to analyse the normative construction of marital property regimes across the Sunni madhhabs, examine their integration into modern state law, and formulate a more just and context-sensitive conceptual model. The study employs a qualitative legal research design based on a doctrinal-comparative approach, complemented by a limited socio-legal perspective. Data were collected through systematic library research and documentary legal research, and analysed through qualitative content analysis, comparative legal analysis, and normative-constructive analysis. The findings show that classical Islamic law does not recognise the automatic fusion of property by virtue of marriage, yet it provides normative resources through milkiyyah, shirkah, ‘urf, nafaqah, and maqāṣid al-sharīʿah to acknowledge entitlements arising from both direct and indirect contribution. The central problem lies not in the absence of Islamic norms, but in the weak translation of those norms into fair adjudicative methods and state policy. This article proposes a maqāṣid-based relational marital property regime that balances individual ownership, economic and domestic contribution, the social function of family assets, and equitable adjustment. It concludes that reform of marital property law should move towards interpretations that are more responsive to contribution, child protection, and the economic governance of modern Muslim families.
Legal Implications of Children Resulting from Free Sex "One Night Stand" in Indonesian Legal System Nahdia Nazmi; Ahmad Mubarak; Laila Amalia; Najla Amali; Nazwatika Maulidhiya
Mawaddah: Jurnal Hukum Keluarga Islam Vol 3 No 2 (2025): November
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v3i2.28

Abstract

The phenomenon of sexual relations without a marriage bond (one night stand) is increasing in urban communities, especially among teenagers and young adults, and has the potential to give birth to children out of wedlock who face legal problems related to the recognition of nasab, civil rights, and administrative status. This study aims to analyze the construction of legal protection for children born from these relationships in the Indonesian legal system. The method used is normative juridical research with a legislative and conceptual approach through literature studies. Legal sources analyzed include provisions in the Marriage Law, population administration law, criminal law, and important jurisprudence such as the Constitutional Court Decision No. 46/PUU-VIII/2010 which expands the civil relationship of children out of wedlock with their biological father based on scientific evidence and other valid evidence. The results of the study show that normatively the state has provided legal protection instruments for children out of wedlock, both through the recognition of civil relations and the guarantee of population administration rights. However, implementation in the field still faces obstacles in the form of social stigma, regulatory disharmony, as well as obstacles to proof and administrative procedures that are not fully child-friendly. It is concluded that legal protection of children born from non-marital relationships has undergone progressive development, but has not been optimal in practice. Therefore, this study recommends harmonizing regulations across sectors, simplifying administrative procedures for child recognition, and strengthening a non-discriminatory approach based on children's rights in law enforcement policies and practices.
Pancasila as a Legal Ideal: Reconstructing Indonesian Legal Philosophy Ahmad Mubarak; Euis Madiihatul Khuluqiyah
Punggawa Law Review Vol. 1 No. 3 (2026): Punggawa Law Review
Publisher : Punggawa Legacy Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This article examined Pancasila through legal philosophy and reconstructed its function as the legal ideal of Indonesia. The study employed normative legal research using philosophical, conceptual, statutory, and case approaches. It found that Pancasila should not be reduced either to a formal source placed mechanically above positive law or to a political slogan invoked without argumentative control. Pancasila operates as an integrated normative horizon that grounds, interprets, criticises, and transforms law. To operationalise this position, the article proposed a Layered Pancasila Philosophical Test consisting of a legality and constitutional frame, five substantive dimensions derived from the principles of Pancasila, and safeguards of coherence, proportionality, public reason, and contestability. The model requires law-makers and judges to demonstrate how a legal measure respects religious freedom, human dignity, plural national unity, deliberative democracy, and social justice as an indivisible unity. This reconstruction preserves Pancasila as an open legal ideal while preventing its authoritarian, selective, or merely symbolic use.
Kekosongan Norma terhadap Pilihan Childfree dalam Hukum Perkawinan Indonesia: Perspektif Hak Asasi Manusia AHMAD MUBARAK; Nurul Azkia; Iqnaul Umam Ashidiqi; Muhamad Rahmani Abduh; Novy Listiana
Jurnal Hukum Lex Generalis Vol 7 No 6 (2026): Tema Hukum Keluarga
Publisher : Himpunan Ilmu Hukum dan Ilmu Hukum Islam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v7i6.3429

Abstract

The childfree phenomenon reflects a paradigm shift in interpreting the purpose of marriage in Indonesia, from a reproduction-oriented framework towards the fulfilment of individual rights. This study employs a normative juridical method, utilising statutory, conceptual, and comparative approaches. The findings indicate a normative gap within positive law concerning the choice to remain childfree, as well as a conflict between marriage law, which is institutionally oriented, and human rights law, which emphasises individual freedom. It is concluded that childfree exists within a legal grey area, thereby necessitating normative harmonisation to ensure legal certainty and the protection of reproductive rights.
Co-Authors Abdurrahim Abdurrahim Ahmad Reysa Fateya Rahman Anang Shophan Tornado ARBAS, ETRA Ashidiqi, Iqnaul Umam Azkia, Nurul Erliyani, Rahmida Euis Madiihatul Khuluqiyah Husna, Hatimul Ifrani, Ifrani Iqnaul Umam Ashidiqi Jaya, Jamie Armadi Kania Arbella Laila Amalia Listiana, Novy Mispansyah, Mispansyah Muhamad Rahmani Abduh Mulyani Zulaeha Nahdia Nazmi Nahdia Nazmi Najla Amali Nazwatika Maulidhiya Nisa Adelia Novy Listiana Nurul Azkia Parapat, Henry Anderson Yusna Zaidah Ziyada Wulan Wulida