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All Journal Tanfizi : Journal of Islamic Constitutional and Political Law Journal of Islamic Law and Wisdom Contemporary Islamic Law and Legal Issue
Ahmad Faiz Shobir Alfikri
Mahkamah Agung Republik Indonesia
Law, Crime, Criminology & Criminal Justice

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Prospects for Artificial Intelligence Integration in the Transformation of Indonesia’s Legal Ecosystem Ahmad Faiz Shobir Alfikri; Maziya Rahma Wahda; Ahmad Zulfi Wahyudi; M. Azam Rahmatullah
Contemporary Islamic Law and Legal Issue Vol. 1 No. 2 (2026)
Publisher : Presscience

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63120/islamiclegalissue.v1i2.120

Abstract

The adoption of artificial intelligence (AI) in the legal sector has driven a significant transformation in Indonesia’s legal ecosystem. This study addresses three research questions: (1) How has AI been adopted within Indonesia’s legal sector, and what forms does this adoption take? (2) What potential does AI hold for strengthening legal research, the legal profession, and judicial administration? (3) What regulatory framework is urgently required to govern AI use in Indonesia’s legal context, and how does it compare with existing international models? Employing a normative legal research methodology with conceptual and statutory approaches, this study conducts a prescriptive analysis of primary legal materials (statutes and regulations), secondary sources (academic literature and case studies), and comparative regulatory models, including the European Union’s AI Act. The findings reveal that AI adoption in Indonesia’s legal sector has progressed through private-sector platforms: Legal Hero, Legal Pro, and Allex, and through judicial innovation via the Supreme Court’s Smart Majelis system. While these developments demonstrate measurable efficiency gains, critical regulatory issues persist: no Indonesian statute directly governs AI’s specific characteristics, creating risks of algorithmic bias, erosion of judicial independence, opacity in decision-making, and data privacy violations. This study argues that Indonesia must adopt a risk-tiered, comprehensive AI regulatory framework, drawing on lessons from the EU AI Act while adapting to Indonesia’s socio-legal context, to ensure that AI strengthens rather than undermines the integrity of the national legal system.
Female Judges in Muslim-Majority Countries: The Reconfiguration of Judicial Authority in Islamic Political Jurisprudence Ahmad Faiz Shobir Alfikri; Maziya Rahma Wahda; Ahmad Zulfi Wahyudi
Tanfizi : Journal of Islamic Constitutional and Political Law Vol. 2 No. 1 (2026): June 2026
Publisher : Program Studi Hukum Tata Negara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30983/tanfizi.v2i1.11021

Abstract

This article examines the position of female judges in Islamic political jurisprudence (fiqh siyasah) and its institutionalisation across Muslim-majority countries. Two central questions guide this study: first, how classical and contemporary Islamic jurisprudence has positioned female judicial authority within the doctrine of wilāyat al-qaḍāʾ; and second, whether the incorporation of female judges into the constitutional frameworks of Muslim-majority states reflects a reconfiguration of the normative foundations of judicial legitimacy. This study employs a normative legal research design combining comparative and conceptual approaches. Primary legal materials consist of classical juristic texts, constitutional provisions, and judicial appointment statutes from selected Muslim-majority jurisdictions. In contrast, secondary legal materials include peer-reviewed scholarship on Islamic constitutionalism, judicial reform, and gender in Islamic legal systems. These materials are analysed through doctrinal interpretation and thematic comparative evaluation. The findings reveal, first, that classical jurisprudence did not produce a binding consensus (ijmaʿ) categorically prohibiting female judges, as minority opinions and divergent methodological approaches demonstrate the tradition’s inherent plurality. Second, the comparative constitutional analysis shows that the majority of Muslim-majority states have formally institutionalised female judges by reframing judicial authority in terms of professional competence, constitutional equality, and institutional legitimacy rather than in terms of gender. This article concludes that these developments reflect a structural transformation in Islamic political jurisprudence: a reconfiguration from a classical configuration premised on the convergence of sovereignty, religious legitimacy, and male guardianship, toward a constitutional paradigm grounded in institutional competence and equality before the law.
Dari Ultra Petita ke Ex Officio: Reorientasi Kewenangan Hakim dalam Penetapan Hadhanah Pasca SEMA Nomor 1 Tahun 2025 Ahmad Faiz Shobir Alfikri; Maziya Rahma Wahda; Ahmad Zulfi Wahyudi; M. Azam Rahmatullah
Journal of Islamic Law and Wisdom Vol. 1 No. 1 (2025): June 2025
Publisher : Program Studi Magister Hukum Islam - UIN Bukittinggi

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Abstract

For a decade, the Supreme Court, through SEMA No. 3 of 2015 and SEMA No. 3 of 2018, consistently prohibited judges from granting custody ex officio and classified such rulings as ultra petita. SEMA No. 1 of 2025 subsequently reversed this policy by legitimizing judges' ex officio authority in custody determinations. This study aims to analyse this policy transformation and examine the shift in paradigm from procedural justice to substantive justice. Using a normative legal research method with legislative and conceptual approaches, this study concludes that the regulatory trajectory of child custody in Indonesia has been shaped by a transformative shift in judicial policy, from ultra petita to ex officio. Formally, SEMA No. 1 of 2025 derives its binding force from Article 8 of Law No. 12 of 2011 and Article 79 of the Supreme Court Law, while its substantive legitimacy is grounded in the Child Protection Law and the Convention on the Rights of the Child. Furthermore, SEMA No. 1 of 2025 reflects a fundamental paradigm shift from procedural justice to substantive justice, with the principle of the best interests of the child serving as the operational legal norm that legitimizes the active-protective judge model within Indonesian religious courts.
Co-Authors Ahmad Zulfi Wahyudi M. Azam Rahmatullah Maziya Rahma Wahda