Article Per Year (5 Year)
p-Index From 2021 - 2026
0.835
P-Index
This Author published in this journals
All Journal Al-Adalah: Jurnal Hukum dan Politik Islam Jurnal Al-Dustur Al-Aqwal : Jurnal Kajian Hukum Islam Constitutional Law Review Tadhkirah: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Sabar Podu
Institut Agama Islam Negeri Fattahul Muluk Papua
Religion Arts Humanities Economics, Econometrics & Finance Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

Published : 5 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 5 Documents
Search

 1 
Transformasi Hukum Waris Adat dalam Perspektif Syariat Islam Dan Kearifan Lokal di Indonesia: Transformation of Customary Inheritance Law from the Perspective of Islamic Sharia and Local Wisdom Lukman Ansar; Tarmizi Tarmizi; Sabar Podu
ISTIDLAL Vol 5 No 01 (2026): AL-AQWAL : Jurnal Kajian Hukum Islam
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

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

Abstract

This study aims to analyze the transformation of customary inheritance law from the perspective of Islamic sharia and local wisdom in Indonesia. As a living legal system within society, customary inheritance law has evolved in tandem with social and cultural changes and the influence of religious values. This study employs a normative legal research method, utilizing legislative, conceptual, and historical approaches. Research data was obtained through a literature review of various primary, secondary, and tertiary legal materials related to customary inheritance law and Islamic inheritance law. The research findings indicate that the transformation of customary inheritance law occurs through a process of adaptation between local traditions and the principles of Islamic sharia. These changes are evident in the development of a more open inheritance system, the recognition of women’s rights as heirs, and the implementation of family deliberation that prioritizes the common good and social harmony. This study also found that customary law and Islamic law are not always in a conflictual relationship; rather, they can complement each other in forming an inheritance system that is contextual and responsive to the development of modern society. Therefore, harmonization between customary law and Islamic Sharia is crucial in realizing an inheritance system that is just, humane, and continues to respect the cultural diversity of Indonesian society
Perlindungan Hukum terhadap Pemberian Hak Nafkah Anak Pasca Perceraian Vina Rosalinda; Sabar Podu; Amri Amri
TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah Vol. 3 No. 2 (2026): JUNI :TADHKIRAH: Jurnal Terapan Hukum Islam dan Kajian Filsafat Syariah
Publisher : STIKes Ibnu Sina Ajibarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59841/tadhkirah.v3i2.519

Abstract

Child support rights after divorce constitute a fundamental right that must be protected to ensure children's welfare and development. However, many children do not receive adequate financial support because parents, particularly fathers, fail to fulfill their obligations after divorce. This study aims to analyze the legal regulation of child support rights after divorce and examine the legal protection available when these rights are neglected. The research employs normative legal research using statutory and conceptual approaches. Legal materials were collected through library research, including legislation, legal literature, scholarly journals, and relevant court decisions. The findings show that Indonesian law provides a comprehensive legal framework through the Marriage Law, the Child Protection Law, and the Compilation of Islamic Law, all of which affirm that divorce does not terminate parental responsibilities. Under Islamic law, the obligation to provide child support remains with the father. Legal protection is available through civil and criminal mechanisms, including enforcement claims and criminal liability for child abandonment. However, weak law enforcement, limited supervision of court decisions, and low legal awareness continue to hinder effective protection. Strengthening enforcement, increasing legal awareness, and enhancing state involvement are essential to ensure the fulfillment of child support rights after divorce.
Restructuring Electoral Cycles: Remedial Calibration and Legislative Discretion in Indonesia’s Constitutional Court Decision No. 135/PUU-XXII/2024 Satriadi; Lisma Lisma; Lukman Ansar; Tarmizi; Sabar Podu; Wira Kafryawan; David Aprizon Putra
Constitutional Law Review Vol. 5 No. 1 (2026)
Publisher : IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/clr.v5i1.6029

Abstract

Constitutional Court Decision No. 135/PUU-XXII/2024 restructures Indonesia’s electoral system by separating national and subnational elections and prescribing an interval of between two and two and a half years. This article evaluates the constitutional legitimacy of that intervention through doctrinal constitutional research and functional comparison. It develops a two-level framework distinguishing structural justification from remedial calibration. The analysis finds that the Court had a defensible constitutional basis for separating the two electoral cycles, given concerns relating to popular sovereignty, electoral quality, institutional capacity, political recruitment, and legislative inertia. However, the judgment provides a weaker constitutional and evidential basis for prescribing the precise temporal interval. It does not sufficiently explain why the selected minimum and maximum periods were necessary or why less intrusive remedies preserving greater legislative discretion would have been inadequate. The article argues that open legal policy neither immunises electoral legislation from review nor permits complete judicial displacement of legislative choice. Legitimate constitutional remedies must remain proportionate, evidence-based, and attentive to institutional competence.
Reconstruction of the Authority of the Papuan People's Assembly Based on the Principles of Siyasah Syar'iyyah: A Study of the Function of Cultural Representation Lukman Ansar; Sabar Podu; Lisma; Satriadi; Zulfadli; Dandi Wahyudin; Andi Miftahul Maulidil Mursyid
Al-Adalah: Jurnal Hukum dan Politik Islam Vol.11 No.1 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i1.10900

Abstract

This article examines the structural limitation of authority exercised by the Papuan People’s Assembly (Majelis Rakyat Papua -MRP), a cultural representative institution established under Indonesia’s Special Autonomy framework. Despite its strong moral and cultural legitimacy to protect the identity and fundamental rights of Indigenous Papuans, MRP’s authority remains largely procedural, creating a persistent gap between its normative mandate and practical influence in regional governance. Existing studies tend to frame this limitation as an administrative or political issue, leaving its normative and theoretical dimensions underexplored. This study offers a conceptual reconstruction of MRP’s authority through the lens of Siyasah Syar’iyyah, employed as a normative governance framework rather than a merely ethical reference. Using a normative juridical method that integrates conceptual, statutory, and historical approaches, the research develops a prescriptive model grounded in the principles of al-maslahah (public welfare), al-‘adl (justice), and hifz al-‘ird (protection of dignity). The findings demonstrate that this framework enables a redefinition of MRP from a symbolic cultural body into a substantive guardian of Indigenous interests with strengthened consultative authority possessing normative effects. The article contributes by bridging Islamic political jurisprudence and indigenous governance, while offering a normative-institutional basis for enhancing cultural justice within Papua’s Special Autonomy system.
ELECTION OF LEADERS IN MUSLIM MINORITY AREAS: THE PERSPECTIVE OF MAQĀṢID AL-SYARĪ‘AH ON THE AUTHORITY OF THE PAPUAN PEOPLE'S ASSEMBLY Sabar Podu; Lukman Ansar; Tarmizi Tarmizi; Zulfadli Zulfadli; Dewi Arnita Sari
Jurnal Al-Dustur Vol 9 No 1 (2026): JUNE
Publisher : Institut Agama Islam Negeri Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/aldustur.v9i1.11271

Abstract

The Papuan People’s Assembly (MRP) has the constitutional authority to provide input in the selection of regional leaders as a means of protecting the rights of the indigenous Papuan people (OAP). However, the implementation of this authority poses a unique challenge in regions with Muslim minorities, which are characterized by religious and ethnic pluralism as well as local political dynamics. This study aims to analyze the role of the MRP in the election of regional leaders through the perspective of maqāṣid al-syarī‘ah as an inclusive ethical framework for public policy. This study employs a qualitative approach with a literature review design and descriptive analysis of legal texts, legal literature, political literature, and contemporary concepts of maqāṣid. The research findings indicate that the principles of maqāṣid, particularly the protection of life, mind, and the public welfare, are relevant for evaluating the ethical considerations of the MRP without turning it into an instrument of religious exclusivism. The contribution of this study lies in the development of maqāṣid al-syarī‘ah as an interfaith ethical framework in regional leadership governance and the strengthening of the MRP’s normative legitimacy within the context of Papuan pluralism. This study concludes that the maqāṣid approach is capable of bridging Papuan customary values and democratic principles to promote justice, inclusivity, and social harmony.
Co-Authors Amri Amri Andi Miftahul Maulidil Mursyid Ansar, Lukman Dandi Wahyudin David Aprizon Putra Dewi Arnita Sari Lisma Lisma Lisma Satriadi Tarmizi Tarmizi Vina Rosalinda Wira Kafryawan Zulfadli Zulfadli Zulfadli