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All Journal Legal Protection for the Partnership Agreement Parties Indonesian Journal of Criminal Law Studies
Said Rizal
Faculty of Law, Universitas Adiwangsa Jambi
Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

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BEYOND RELIGIOUS VALIDITY: Evaluating Wali Muhakkam Through Legal Pluralism and Maqasid Al- Shari'ah in East Aceh Said Rizal; Emir Syarif Fatahillah Pakpahan; Elvira Fitriyani Pakpahan; Heriyanti Heriyanti; Tommy Leonard
Al-Risalah Vol 26 No 1 (2026): June 2026
Publisher : Fakultas Syariah UIN Sulthan Thaha Saifuddin Jambi, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30631/alrisalah.v26i1.2179

Abstract

Practices resembling wali muhakkam in unregistered marriages remain prevalent across various regions of Indonesia despite lacking formal recognition under national law. Existing scholarship has largely focused on the doctrinal validity of such marriages. At the same time, insufficient attention has been paid to the broader legal implications arising from competing normative authorities and their compatibility with the objectives of Islamic law. The study examines the practice of wali muhakkam in East Aceh through the combined lenses of legal pluralism and maqasid al shari'ah. Employing a social-legal approach, it integrates doctrinal analysis of Indonesian marriage law with empirical data obtained through interviews with religious leaders, imeu gampong, officials of the office of Religious Affairs, and couples involved in unregistered marriages. The findings reveal that wali mahakkam functions as an alternative source of normative authority situated between state law, religious norms, and social legitimacy. While the practice contributes to the realization of hifz al-din by facilitating marriages regarded as religiously valid. It does not consistently secure the broader objectives of maqasid al-shariah, particularly the protection of lineage (hifz al-nasl), property (hifz al-mal), and dignity (hifz al-ird). This study argues that religious legitimacy should not automatically be equated with substantive legal protection. It therefore proposes a maqasid-oriented reconstruction of guardianship regulation aimed at reconciling legal certainty, religious legitimacy, and social realities within Indonesia's plural legal order. The study further demonstrates that the persistence of wali muhakkam cannot be explained solely through legal pluralism but must also be evaluated according to its capacity to realize the substantive objectives of maqasid al-shari'ah.
Reformulating Criminal Law Policy on Child Perpetrators of Human Trafficking in Indonesia: A Child Victim-Offender Approach Alendra Alendra; Said Rizal; Roswita Sitompul; Tommy Leonard; Nurul Hidayat Ab Rahman
IJCLS (Indonesian Journal of Criminal Law Studies) Vol. 11 No. 1 (2026): Indonesia J. Crim. L. Studies (May, 2026)
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v11i1.42124

Abstract

This study analyzes criminal law policy and the reformulation of regulations concerning children as perpetrators of prostitution in human trafficking in Indonesia. Current laws, notably the Anti-Trafficking in Persons Law and the Juvenile Criminal Justice System Law, create a normative and practical dilemma: the Anti-Trafficking in Persons Law focuses on retributive punishment, while the Juvenile Criminal Justice System Law emphasizes child protection, diversion, and rehabilitation. However, existing studies have not sufficiently addressed the legal ambiguity of children simultaneously acting as perpetrators and victims in trafficking cases. This divergence generates ambiguity in determining the legal status of child offenders, resulting in inconsistent enforcement and potential injustice. Using a normative juridical approach, the study proposes the Child Victim Offender concept, recognizing that children may act as both perpetrators and victims based on their participation, coercion, and socio-psychological circumstances. Recommendations include harmonizing the Anti-Trafficking in Persons Law and the Juvenile Criminal Justice System Law, clarifying definitions, establishing criteria for child culpability, and applying limited retributive sanctions integrated with rehabilitative guidance and social reintegration. This approach balances law enforcement with child protection, strengthens justice for victims, and supports responsive, child-centered criminal law reform aligned with national and international obligations.
Co-Authors Alendra Alendra Elvira Fitriyani Pakpahan Emir Syarif Fatahillah Pakpahan Heriyanti Nurul Hidayat Ab Rahman Roswita Sitompul Tommy Leonard