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All Journal Nusantara: Journal Of Law Studies MILRev: Metro Islamic Law Review
Mohamed W. Abouyounes
Jeddah College of Law, University of Business and Technology, Saudi Arabia
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Calculating State Economic Losses Through GDP Indicators: Toward Severe Punishment Based on the Principle of Justice Ulil Amri; Amir Ilyas; M. Syukri Akub; Muhammad Mutawalli Mukhlis; Mohamed W. Abouyounes
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.172

Abstract

Corruption causing state economic losses in Indonesia has become increasingly systemic and has generated substantial disparities in criminal sentencing over the last five years. These disparities are closely related to the absence of measurable sentencing standards and to inconsistent judicial interpretations of the calculation of state economic losses, despite the Constitutional Court’s requirement that such losses be concrete and quantifiable. This study aims to analyze state economic losses in corruption cases through the perspective of economic analysis of law and to formulate a justice-oriented framework for severe punishment based on Gross Domestic Product (GDP) indicators. This research employs a normative juridical method, drawing on statutory, conceptual, and case approaches. Legal materials were obtained from legislation, court decisions, legal doctrines, and relevant economic theories. The data were analyzed qualitatively using an economic analysis of law framework emphasizing proportionality, deterrence, efficiency, and protection of public welfare. The results of this study indicate that sentencing disparities primarily stem from the lack of standardized economic parameters for assessing the broader impact of corruption on national development and social welfare. The study finds that judicial consideration has generally focused only on direct financial losses, while indirect economic consequences, including opportunity costs, disruption of public services, decline in investment, and multiplier effects on economic growth, remain insufficiently addressed. The results further demonstrate that integrating explicit and implicit economic losses through GDP indicators provides a more objective and proportional basis for determining criminal sanctions. This study formulates a GDP-based sentencing matrix by measuring the ratio between total state economic losses and annual GDP as an indicator of macroeconomic harm. The study concludes that corruption causing extraordinary economic disruption justifies severe punishment, including life imprisonment and capital punishment, under the principle of justice. 
Cross-Border Nikah Sirri between Malaysia and Indonesia: Contemporary Legal and Social Dynamics in Borneo Sri Wahyuni; Ahmad Abdlkareem Sarairah; Mohamed W. Abouyounes
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.11047

Abstract

This article examines the phenomenon of cross-border nikah sirri (unregistered marriage) between Malaysia and Indonesia in the Borneo region, particularly involving Malaysian Sarawakians and migrant labourers. The study aims to analyse the contemporary legal frameworks governing nikah sirri in both countries, explore the socio-cultural and structural factors that motivate cross-border marriage practices, and assess their implications for the protection of women’s and children’s rights. Employing a socio-legal approach, this research integrates primary data derived from in-depth interviews and field observations with secondary sources from relevant legal and academic literature. The findings reveal that undocumented migrant workers in Sarawak frequently cross into Indonesian border areas to conduct nikah sirri, facilitated by transnational kinship networks, including Dayak communities who provide social and ritual support. From a legal perspective, Malaysia strictly prohibits unregistered marriages and imposes administrative sanctions for them. In contrast, Indonesian law adopts a more accommodating stance by allowing post-facto legalisation through itsbat nikah (marriage confirmation) in the Religious Courts, alongside limited legal recognition for children. However, such cross-border practices are often treated in Malaysia as legal evasion and a violation of public order, rendering the marriages invalid and leaving women and children without formal legal protection, including issues related to lineage and civil status. From the perspective of maqāṣid al-sharīʿah, these practices tend to generate greater harm (maḍarat) than benefit (maṣlaḥah), particularly in failing to safeguard lineage (ḥifẓ al-nasl) and legal certainty. This study contributes to the discourse on transnational Islamic family law by offering a comparative and empirically grounded analysis of regulatory gaps and their social consequences. It further argues for an integrative approach to legal reform to strengthen cross-border protection mechanisms and ensure substantive justice for vulnerable groups.
Agricultural Waqf and the Agrarian State: A Contemporary Islamic Legal Reconstruction Toward National Food Sovereignty Ani Yumarni; Yanyan Mulyaningsih; Endeh Suhartini; Hidayat Rumatiga; Saddam Husein; Mohamed W. Abouyounes
MILRev: Metro Islamic Law Review Vol. 5 No. 2 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i2.12009

Abstract

Agricultural waqf has emerged as a strategic instrument for strengthening national food sovereignty while advancing the socio-economic objectives of Islamic law. Although Indonesia legally recognises waqf as a protected religious institution, its integration into the national agrarian system remains fragmented due to regulatory inconsistencies, overlapping institutional authorities, and the absence of a coherent legal framework for managing productive agricultural waqf. This article aims to reconstruct the legal position of agricultural waqf within Indonesia’s agrarian governance by examining its contribution to sustainable agricultural development and national food sovereignty from the perspective of contemporary Islamic law. The study employs a doctrinal and juridical-empirical research design, combining statutory analysis, conceptual inquiry, and field research conducted in Subang, Bogor, Cianjur, and Sukabumi, West Java. The analysis explores the interaction between waqf law, agrarian law, and national food policy while evaluating the authority and institutional role of nāẓir in the management of productive waqf land. The findings demonstrate that agricultural waqf has considerable potential to enhance agricultural productivity, strengthen rural economic resilience, and promote equitable access to productive land. However, its effectiveness remains constrained by fragmented legal regulations, overlapping institutional mandates, unclear governance mechanisms, and weak integration into national agrarian and food policies. From the perspective of maqāṣid al-sharīʿah, agricultural waqf should be understood not merely as a religious charitable institution but as a strategic legal instrument for realising maṣlaḥah through the protection of wealth (ḥifẓ al-māl), life (ḥifẓ al-nafs), and sustainable social welfare. Accordingly, this study proposes a contemporary Islamic legal reconstruction that harmonises waqf law, agrarian law, and state food governance through an integrated regulatory framework, strengthened institutional coordination, and an expanded legal mandate for productive waqf management. This reconstruction contributes to contemporary Islamic legal scholarship by repositioning agricultural waqf as a constitutional instrument of agrarian reform and a sustainable legal foundation for achieving Indonesia’s long-term national food sovereignty.
Co-Authors Ahmad Abdlkareem Sarairah Amir Ilyas Ani Yumarni Endeh Suhartini Hidayat Rumatiga M. Syukri Akub Muhammad Mutawalli Mukhlis Saddam Husein Sri Wahyuni Ulil Amri Yanyan Mulyaningsih