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All Journal Journal of Family Law and Islamic Court
Elif Aydin
Istanbul Sabahattin Zaim University
Religion Law, Crime, Criminology & Criminal Justice

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Integrating Online Gender-Based Violence in Indonesia: Islamic Law to Positive Law Luciana Anggraeni; R. Tanzil Fawaiq Sayyaf; Elif Aydin
Journal of Family Law and Islamic Court Vol. 4 No. 2 (2026): Journal of Family Law and Islamic Court
Publisher : Family Law Study Program (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/482e8t76

Abstract

Online Gender-Based Violence (OGBV) in Indonesia , as evidenced by this doctrinal legal study analyzes the gaps and potential synergies between Indonesian positive law and Islamic law employing a qualitative juridical- normative methodology with a socio-legal analytical framework, data were collected through content analysis of maqāṣid al-sharīʿah principles. Using a qualitative doctrinal legal methodology with a socio-legal analytical framework, the study conducted a content analysis of statutory regulations, including the Electronic Information and Transactions Law (UU ITE), the Criminal Code (KUHP), the Domestic Violence Elimination Law (UU PKDRT), the Sexual Violence Crime Law (UU TPKS),  Islamic legal documents including the Indonesian Ulama Council (MUI) Fatwa No. 24 of 2017. The analysis reveals that current positive regulations are sectoral and predominantly punitive, lacking a comprehensive victim-centered approach, while Islamic fatwas remain ethically normative but operationally non-integrated into public policy. The research identifies  ḥifẓ al-ʿaql (protection of intellect) as robust normative foundations within maqāṣid al-sharīʿah that remain underutilized in policy formulation. Consequently, the study concludes that transformative regulatory integration is urgently required to bridge the gap between state enforcement and religious legitimacy, thereby strengthening the protection of women's rights in the digital sphere and advancing the objectives of Sustainable Development Goal 5 on gender equality.
Integrating Online Gender-Based Violence in Indonesia: Islamic Law to Positive Law Luciana Anggraeni; R. Tanzil Fawaiq Sayyaf; Elif Aydin
Journal of Family Law and Islamic Court Vol. 4 No. 2 (2026): Journal of Family Law and Islamic Court
Publisher : Department of Family Law (Ahwal Syakhshiyah), Universitas Muhammadiyah Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26618/482e8t76

Abstract

Online Gender-Based Violence (OGBV) in Indonesia , as evidenced by this doctrinal legal study analyzes the gaps and potential synergies between Indonesian positive law and Islamic law employing a qualitative juridical- normative methodology with a socio-legal analytical framework, data were collected through content analysis of maqāṣid al-sharīʿah principles. Using a qualitative doctrinal legal methodology with a socio-legal analytical framework, the study conducted a content analysis of statutory regulations, including the Electronic Information and Transactions Law (UU ITE), the Criminal Code (KUHP), the Domestic Violence Elimination Law (UU PKDRT), the Sexual Violence Crime Law (UU TPKS),  Islamic legal documents including the Indonesian Ulama Council (MUI) Fatwa No. 24 of 2017. The analysis reveals that current positive regulations are sectoral and predominantly punitive, lacking a comprehensive victim-centered approach, while Islamic fatwas remain ethically normative but operationally non-integrated into public policy. The research identifies  ḥifẓ al-ʿaql (protection of intellect) as robust normative foundations within maqāṣid al-sharīʿah that remain underutilized in policy formulation. Consequently, the study concludes that transformative regulatory integration is urgently required to bridge the gap between state enforcement and religious legitimacy, thereby strengthening the protection of women's rights in the digital sphere and advancing the objectives of Sustainable Development Goal 5 on gender equality.
Co-Authors Luciana Anggraeni R. Tanzil Fawaiq Sayyaf