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All Journal Ascarya: Journal of Islamic Science, Culture and Social Studies Mawaddah: Jurnal Hukum Keluarga Islam
Suyatno Ladiqi
Sultan Zainal Abidin University
Religion Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Socioeconomic Inequality and Judicial Disparities In Drug Sentencing: A Mixed-Methods Study on Rehabilitation vs Imprisonment In Indonesia Kasmanto Rinaldi; Heni Susanti; Suyatno Ladiqi; Dita Fisdian Adni
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.87

Abstract

Drug-related arrests in Indonesia frequently result in disparate legal outcomes influenced by extralegal determinants, raising concerns about fairness and consistency within the national drug policy framework. This study examines the factors shaping judicial decisions between rehabilitation and imprisonment within the Indonesian legal system. Employing a mixed-methods design, the research integrates quantitative analysis of secondary data derived from judicial decisions and reports of the National Narcotics Agency (BNN) covering the period 2019–2024, with qualitative insights obtained through in-depth interviews, analyzed using NVivo 12. The analysis is grounded in critical criminology and Islamic legal principles, particularly maqāṣid al-sharī‘ah. Within this framework, “systemic bias” is operationalized as patterned disparities in sentencing outcomes associated with extralegal factors, including socioeconomic status and drug type. The findings indicate that individuals from lower socioeconomic backgrounds and those involved with synthetic drugs are significantly more likely to receive custodial sentences, whereas defendants from higher socioeconomic groups or associated with traditional substances are more frequently directed toward rehabilitation programs. These disparities reflect structural inequalities that undermine both legal rationality and the normative objectives of justice, including the protection of life, intellect, and social welfare as emphasized in maqāṣid al-sharī‘ah. To address these issues, the study advocates for comprehensive legal reforms, including the standardization of sentencing guidelines, expanded access to rehabilitation services, strengthened inter-agency coordination, and a shift toward a harm-reduction approach to promote a more equitable system of drug law enforcement in Indonesia.
Santri Community, Charisma, and the Contrast Political Agency: Electoral Victory and Defeat in Jombang and Mojokerto, Indonesia Agus Machfud Fauzi; Novi Fitia Maliha; Pambudi Handoyo; Eufrasia Kartika Hanindraputri; Suyatno Ladiqi
Ascarya: Journal of Islamic Science, Culture, and Social Studies Vol. 5 No. 2 (2025)
Publisher : Perkumpulan Alumni dan Santri Mahyajatul Qurro'

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53754/xzzh8v16

Abstract

The phenomenon of the santri community and the choice of regional head candidates in local politics in Indonesia displays heterogeneous dynamics across regions. In the 2024 regional elections, Gus Barra, son of KH. Asep Saifuddin Chalim won the contest in Mojokerto, while Bu Nyai Munjidah, daughter of the late KH. A. Wahab Chasbullah, lost in Jombang despite having a strong religious pedigree. Both had the capital to win their second terms as incumbents, but the final results differed. This study aims to explain why the charisma and branding of their parents as kiai produced different electoral outcomes in these two santri regions, thereby contradicting the general understanding that santri communities are homogeneous and contributing to the literature on local Islamic democracy and the sociology of religious politics in Southeast Asia. This article uses a comparative qualitative method, drawing on interviews with political elites and Islamic boarding school figures, local media analysis, and KPU data. Weberian charisma and political agency theories are used to interpret the role of santri communities as active actors in the local democratic process, negotiating political choices. The research results show that victory or defeat is not solely determined by religious capital as the primary factor, but is also influenced by gender factors, political patronage, political campaigns, branding, and fragmented support from Islamic boarding schools. In conclusion, the santri community possesses dynamic, context-specific political agency that cannot be equated across regions.
Co-Authors Agus Machfud Fauzi Dita Fisdian Adni Eufrasia Kartika Hanindraputri Heni Susanti Kasmanto Rinaldi Novi Fitia Maliha Pambudi Handoyo