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All Journal Al-Manahij: Jurnal Kajian Hukum Islam DE JURE Al-'Adalah Jurnal Pranata Hukum El-Mashlahah Jurnal Ilmiah Hukum LEGALITY Ijtima'iyya: Journal of Muslim Society Research ADLIYA: Jurnal Hukum dan Kemanusiaan JURNAL PEMBANGUNAN HUKUM INDONESIA Al-Mazaahib: Jurnal Perbandingan Hukum Al-Manahij : Jurnal Kajian Hukum Islam
Any Ismayawati
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Religion Arts Humanities Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Challenges in Criminal Law Enforcement against Political Patronage in Regional Head Elections Ismayawati, Any; Aristoni, Aristoni; Rosyada, Amrina
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 2 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i2.33001

Abstract

The transition from a representative to a direct election system has opened wider access to political participation, allowing the public to directly elect candidates for governor, regent, and mayor. However, various groups see this system as an opportunity for political patronage, potentially involving money politics, that may undermine integrity and substantive democracy at the local level. This study aims to examine the challenges of enforcing criminal law against political patronage in regional head elections, primarily focusing on exploring the perceptions and behaviour of the Karimunjawa Jepara community towards the practice of political patronage, as well as the challenges and solutions faced by the Integrated Law Enforcement Centre in enforcing criminal law against such practices in regional elections. Furthermore, the findings were analysed using a legal anthropology and siyasah shar'iyyah approach. The results of this study indicate that the people of Karimunjawa remain permissive towards political patronage practices due to their apathy towards candidate pairs and socio-economic conditions. The weakness of evidence, driven by the public's unwillingness to testify, is a crucial challenge for the Integrated Law Enforcement Centre in enforcing criminal law during regional elections. From legal anthropology and siyasah shar'iyyah perspectives, these findings reflect the lack of optimisation in the internalisation of legal and Islamic values in the community's political attitudes. Therefore, a continuous legal outreach program and education that adhere to local values and Islamic spirituality are essential to overcome this problem. This research contributes to integrating electoral criminal law with Islamic values, while serving as a reference for the Integrated Law Enforcement Centre, the Election Supervisory Body, and related parties in formulating fair and progressive legal policies for the enforcement of electoral law.
Rohingya in Aceh: Human Rights Vs Security Justice Islamic Law Perspective Ismayawati, Any; Ngazizah, Inna Fauziatal; Abd Aziz, Saidatul Nadia
Jurnal Pembangunan Hukum Indonesia Vol 7, No 3 (2025)
Publisher : PROGRAM STUDI MAGISTER HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jphi.v7i3.428-444

Abstract

The humanitarian crisis affecting the Rohingya ethnic group has driven thousands of asylum seekers to Southeast Asia, including Aceh Province, where the majority of the population is Muslim and Sharia law is applied. This situation raises important issues regarding the protection of human rights for both the Muslim community in Aceh and Rohingya asylum seekers. The purpose of this study is to analyse the Islamic legal perspective on human rights protection in Aceh and to examine the dilemma between security and humanity in the handling of Rohingya refugees. The method used is descriptive qualitative study with a normative-sociological approach through analysis of literature, Aceh sharia regulations, and international and national human rights documents. The results of the study show that Islamic legal principles, such as hifz al-nafs and hifz al-insaniyyah, provide a strong basis for the acceptance and protection of refugees. However, their implementation faces challenges in the form of social resistance, limited facilities, and concerns about local security disturbances. The conclusion that can be drawn is that human rights protection in Aceh can only be effective if there is harmonisation between Sharia values, security policies, and humanitarian commitments through the synergy of the government, religious scholars, and the community.
Co-Authors Abd Aziz, Saidatul Nadia Amrina Rosyada Aristoni Aristoni Fauzi, Inna Hanani, Azka Inna Fauziatal Ngazizah Jalil, Saidatul Najihah binti Abdul Karim, Muchamad Busrol NUR FADILAH Zaimatus Sa’diyah