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All Journal Al-Risalah : Jurnal Imu Syariah dan Hukum Studia Economica: Jurnal Ekonomi Islam Jurnal Akta Lex Renaissance Jurnal Meta-Yuridis Literasi Hukum Jurnal Restorative Justice Media Keadilan: Jurnal Ilmu Hukum Jurnal Hukum Sasana JIHAD : Jurnal Ilmu Hukum dan Administrasi Uti Possidetis: Journal of International Law Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Journal of Islamic and Law Studies (JILS) Jurnal Hukum dan Peradilan Innovative: Journal Of Social Science Research Tasyri' Juris Humanity: Jurnal Riset dan Kajian Hukum Hak Asasi Manusia JUSTITIABLE - Jurnal Hukum Universitas Bojonegoro
Fithrian Luthfan, Gusti Fadhil
Mulawarman University, Samarinda
Religion Humanities Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Public Health Social Sciences Other

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A Multidimensional Study of the Law of Goods and Services Procurement Contracts in Indonesia Hartanto, Hartanto; Luthfan, Gusti Fadhil Fithrian; Syakdiah, Syakdiah
JURNAL AKTA Vol 12, No 2 (2025): June 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i2.44787

Abstract

Government procurement of goods/services always changes in the context of presidential regulations (Perpres), by making these regulations complete and in more detail; In this case, it is certainly a positive development to provide legal protection for contracting parties in the form of goods/services procurement agreements. Agreement or akad (Arabic) which is interpreted as a bond or conclusion; Meanwhile, according to the term, a contract is a mutual agreement or commitment, whether verbal, signed or written, between two/more parties which has binding legal consequences to carry it out. This research analyzes the principle of freedom of contract and balance, which is a principle that is generally used as a reference, even though it seems that there has been a violation of this principle, legally the contract is still acceptable; On the legal side, there is a backbone in the field of civil law, but in its development it often overlaps with the field of criminal law (corruption), and in this research it is linked to Islamic law. The perspective of Islamic law has stated that in the context of civil law a broken promise is qualified as a group that betrays Allah SWT; Meanwhile, according to criminal law, corruption is contrary to the theory of benefit.
Reformulasi Pengaturan Subjek Hukum Tippee dalam Sistem Hukum Pasar modal Indonesia Tombi, Johan Tri Noval Hendrian; Larasati, Kandi Kirana; Amri, Ulil; Luthfan, Gusti Fadhil Fithrian; Fajrin, Fera Wulandari; Sanata, Kalen
Innovative: Journal Of Social Science Research Vol. 5 No. 4 (2025): Innovative: Journal Of Social Science Research
Publisher : Universitas Pahlawan Tuanku Tambusai

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31004/innovative.v5i4.20403

Abstract

Penelitian ini bertujuan untuk menganalisis urgensi reformulasi hukum terkait cakupan subjek hukum tippee dalam Undang-Undang Pasar Modal. Metode yang digunakan adalah yuridis normatif dan pendekatan perbandingan hukum. Hasil peneltian ditemukan bahwa regulasi yang ada belum menjangkau dinamika transaksi digital dan pola penyebaran informasi yang kompleks. Studi ini menawarkan pendekatan baru dengan mengadopsi prinsip constructive knowledge dan teori misappropriation untuk memperluas tanggung jawab hukum terhadap pihak yang “seharusnya tahu” mengenai sifat informasi yang diperoleh. Temuan ini menegaskan bahwa reformulasi pengaturan hukum terhadap tippee pasif menjadi langkah strategis untuk memperkuat integritas pasar, memperbaiki mekanisme pembuktian, dan mengatasi asimetri informasi dalam praktik insider trading kontemporer. Kata Kunci: Insider Trading, Pasar Modal, Tippee
The Concept of Criminal Liability of State-Owned Enterprises in The National Criminal Code and State-Owned Enterprises Law Amri, Ulil; Syafruddin, Andi Ummu Fauziyyah; Tombi, Johan Tri Noval Herdian; Luthfan, Gusti Fadhil Fithrian
Al-Risalah VOLUME 25 NO 2, NOPEMBER (2025)
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/al-risalah.vi.62092

Abstract

Following the enactment of the latest State-Owned Enterprises Law, various state-owned enterprises remain as accountable corporate entities, particularly with the implementation of the National Criminal Code, which requires harmonization from both a normative perspective and in terms of accountability. This study aims to analyse the criminal liability of SOEs under the National Criminal Code and the harmonisation of this concept with Law No. 1 of 2025. The research employs a normative approach using both a conceptual and a legislative method. The legal materials are sourced from primary and secondary legal materials, analyzed using qualitative prescriptive analysis. The results show that 1) State-owned enterprises can be held criminally liable under Article 45 of the National Criminal Code, which categorizes state-owned enterprises as entities that can be held criminally liable. The determination of liability must be based on the degree of corporate fault under the National Criminal Code, as seen from the aspect of internal prevention, 2) SOEs, as entities that control the livelihoods of many people, should also consider restorative aspects, where the purpose of sanctions is not only to provide a deterrent effect, but also to encourage structural improvements by taking into account the principles of effectiveness and efficiency.  
Ensuring Justice in Child Support After Divorce: A Jurimetric Review of at Religious Court of Demak Decision ahmad nafhani; Irma Suriyani; Gusti Fadhil Fithrian Luthfan; Atik Dina Nasikhah
Jurnal Hukum dan Peradilan Vol 14 No 3 (2025)
Publisher : Pusat Strategi Kebijakan Hukum dan Peradilan Mahkamah Agung RI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25216/jhp.14.3.2025.531-548

Abstract

Child support is a fundamental right ensuring a child's welfare even after the parents' divorce. In Indonesia, the father is legally obligated to provide both retroactive child support (madhiyah) and prospective child support. However, in practice, the enforcement of these obligations remains inconsistent, and the absence of objective instruments in determining the amount of support creates disparities and weakens the protection of children's rights. This study aims to analyze how judges at the Court of Demak interpret and apply the law regarding retroactive and prospective child support). Using a normative juridical method supported by jurimetric analysis, this research finds that the Religious Court of Demak’s decision concretely guarantees both types of child support through measurable instruments. Retroactive maintenance is determined using a historical audit model based on proven expenses, while prospective maintenance applies a dynamic projection model adjusted to inflation. The decision demonstrates a progressive judicial effort to ensure objective justice, accountability, and long-term legal protection for children within Indonesia’s family law system.
The Limitations of the Principle of State Responsibility in the Global Climate Change Regime Fajrin, Fera Wulandari; Larasati, Kandi Kirana; Tombi, Johan Tri Noval Hendrian; Luthfan, Gusti Fadhil Fithrian
Uti Possidetis: Journal of International Law Vol 6 No 3 (2025): Oktober
Publisher : Faculty of Law, Universitas Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/up.v6i3.48698

Abstract

Background: The global climate crisis, driven by increasing carbon emissions, has emerged as one of the most pressing challenges in international law. Despite significant milestones such as the Kyoto Protocol and the Paris Agreement, enforcement remains weak due to their reliance on soft law mechanisms. This issue deserves scholarly attention because it raises fundamental questions about state responsibility and the effectiveness of international environmental law in addressing climate change. Methodology: This research employs a doctrinal legal approach combined with a conceptual analysis. This method was selected to critically examine the normative gaps within the texts of international agreements, specifically how "soft law" language undermines enforcement. The study relies on primary legal sources, including the text of the UNFCCC, the Kyoto Protocol, the Paris Agreement, and relevant international jurisprudence such as the ICJ Advisory Opinions. Secondary data is drawn from legal literature, journal articles, and reports on global compliance. The analysis proceeds by interpreting these instruments to determine whether existing frameworks are sufficient to uphold the principle of state responsibility.Objectives: The study aims to evaluate whether existing international legal frameworks adequately enforce the principle of state responsibility in carbon emission reduction. It seeks to identify the limitations of soft law mechanisms, assess their impact on state compliance, and explore potential avenues for strengthening accountability in the global climate regime. Findings: The research reveals that current international agreements lack binding enforcement mechanisms, enabling states to disregard commitments or withdraw without significant legal consequences. While mechanisms such as “naming and shaming” have emerged as alternatives, they primarily exert reputational pressure and remain insufficient to ensure compliance. This gap undermines the principle of state responsibility in practice. Originality/Novelty: The study highlights the urgency of transitioning from soft law to hard enforcement in climate governance. It proposes the establishment of independent enforcement authorities, binding obligations, and strengthened judicial roles, offering innovative insights into how international law can more effectively uphold state responsibility in combating climate change.
SINKRONISASI REGULASI PEMBAYARAN TUNAI DAN NON-TUNAI: ANTARA INOVASI DIGITAL DAN KEPATUHAN PADA UU MATA UANG Tombi, Johan Tri Noval Hendrian; I Kadek Sudiarsana; Gegana, Reza Pramasta; Luthfan, Gusti Fadhil Fithrian; Fajrin, Fera Wulandari; Raden, Andi Nur Fikriana Aulia
JUSTITIABLE - Jurnal Hukum Vol. 8 No. 2 (2026): JUSTITIABLE -Jurnal Hukum
Publisher : Universitas Bojonegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56071/justitiable.v8i2.1720

Abstract

This study aims to analyze the regulatory synchronization between innovations in digital payment systems and the obligation to use physical currency (cash) as a lawful means of payment. The principal issue examined is the growing prevalence of exclusive cashless policies adopted by business actors, which, in legal terms, result in the refusal to accept cash rupiah. The research employs a normative juridical method, using a statutory approach and a comparative approach. The findings indicate that the unilateral refusal to accept cash constitutes a violation of mandatory legal norms, rendering such agreements null and void by operation of law. From a sociological perspective, these policies create barriers to economic access for unbanked populations as well as for elderly groups. The study concludes that a policy reorientation is necessary to ensure the implementation of the mandate of Article 23 of the Currency Law. Accordingly, this research recommends the application of graduated administrative sanctions, ranging from financial penalties to the suspension of QRIS services, in order to ensure inclusivity and legal certainty within the national payment system.
Significant Decline in Child Marriage Rates in Indonesia By 2025: The Central Role of Guidance for School-Age Youth Following Law No. 16 Of 2019 Nafhani, Ahmad; Maulida, Yulianiva; Aulia Raden , Andi Nur Fikriana; Septiana, Yunita Dewi; Fithrian Luthfan, Gusti Fadhil
Tasyri' : Journal of Islamic Law Vol. 5 No. 1 (2026): Tasyri'
Publisher : STAINI Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53038/tsyr.v5i1.383

Abstract

By 2025, Indonesia will have achieved a monumental milestone in child protection efforts with a significant decline in national child marriage rates. This success is the result of the strategic implementation of Law No. 16 of 2019, which sets the minimum marriage age at 19 years for both men and women. This study highlights how this decline was not only driven by regulatory changes but was critically accelerated by the effectiveness of the School-Age Youth Guidance Program (BRUS), which was widely promoted. This guidance method has become the primary tool in translating the mandate of the law into behavioral and social norm changes at the grassroots level. Through a structured psychoeducational approach within the school environment, the BRUS program has successfully increased adolescents' awareness of the negative impacts of child marriage on reproductive health, economic potential, and educational continuity. Additionally, this guidance equips adolescents with life skills, resilience, and the ability to make responsible decisions. Collaboration between educational institutions, local governments, and civil society organizations in implementing BRUS ensures broad reach and content relevant to the local context. As a result, there has been a paradigm shift among adolescents, parents, and community leaders, who now view delaying marriage age as an important investment for the future of the next generation. The drastic decline in child marriage rates by 2025 is clear evidence that the combination of progressive legal reforms and targeted educational interventions is key to ending the practice of child marriage in Indonesia.
Legal Analysis of Strengthening Legal Protection and Market Access for MSMEs in Kerta Buana Village Reza Pramasta Gegana; Kalen Sanata; Gusti Fadhil Fithrian Luthfan; Johan Tri Noval Hendrian Tombi; M. Andika Nur Sholeh
Widya Pranata Hukum : Jurnal Kajian dan Penelitian Hukum Vol. 8 No. 1 (2026)
Publisher : Fakultas Hukum Universitas Widya Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37631/widyapranata.v8i1.2276

Abstract

This study aims to analyze the effectiveness of legal protection and strategies to improve market access for Micro, Small, and Medium Enterprises (MSMEs) in Kerta Buana Village, Kutai Kartanegara Regency, East Kalimantan. Using a socio-legal approach and qualitative-empirical methods, this study explores legal and non-legal barriers in business formalization efforts through Business Identification Numbers (NIB), Intellectual Property Rights (IPR) ownership, and adaptation to market digitalization. The results show that 68% of MSME actors do not yet have an NIB and 84% do not yet have halal certification or SPPIRT, which directly implies low access to financing and digital markets. The proposed strengthening model consists of two main pillars: Legal Empowerment and Market Integration, developed within the collaborative framework of Penta-Helix (government, academia, private sector, community, and media). The implementation of programs such as Kredit Kukar Idaman (KKI) and the SME Clinic are strategic instruments for promoting business legality and increasing market competitiveness
The Potential for Usury in The Implementation Of Tokopedia Card Transactions in E-Commerce Under Islamic Law Ahmad Nafhani; Yunita Dewi Septiana; Irfan Harmain; Gusti Fadhil Fithrian Luthfan
Studia Economica : Jurnal Ekonomi Islam STUDIA ECONOMICA: Jurnal Ekonomi Islam | Vol. 12 | No. 1 | 2026
Publisher : Universitas Islam Negeri Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30821/se.v1i1.26820

Abstract

This study aims to analyze the implementation and legal status of transactions using the Tokopedia Card on e-commerce platforms from an Islamic law perspective. With the rapid development of financial technology, co-branded credit card products like the Tokopedia Card have become increasingly popular. The research method used is qualitative, employing a fiqh muamalah approach, which examines the operational mechanisms and contracts associated with the product. The analysis focuses on the main features of the Tokopedia Card as a conventional credit card issued by Bank BRI, such as the interest system, late payment fees, annual fees, and rewards programs. The analysis reveals that the interest on outstanding balances and late payment fees clearly fall under the category of Riba an-Nasi'ah, which is absolutely prohibited in Islam. Although features such as annual fees can be considered as ujrah (service fees) and rewards as permissible gifts, this does not negate the riba element that is at the core of conventional credit card contracts. The underlying agreement requires customers to agree to a riba-based system, which fundamentally contradicts the principles of sharia transactions. In conclusion, the implementation of transactions using the Tokopedia Card is inconsistent with Islamic law principles due to its prohibited riba elements. Muslim consumers are advised to use alternative payment methods free from riba elements, such as debit cards, electronic money, or Islamic credit cards
A Legal Review of Islamic Law on The Issue of A Child’s Origins And The Legal Certainty of A Child’s Status Under Law No. 16 of 2019 Ahmad Nafhani; Gusti Fadhil Fithrian Luthfan; Riza Puspita Sari; Yulianiva Maulida; Rizky Dwi Utami; Ari Ekawie Baskhoro
JOURNAL OF ISLAMIC AND LAW STUDIES Vol. 10 No. 1 (2026)
Publisher : Fakultas Syariah UIN Antasari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/jils.v10i1.19054

Abstract

This study examines the issue of child lineage and legal certainty of child status from the perspective of Islamic law and its relevance to Law No. 16 of 2019 on Marriage. Disputes over child origins often create complex legal and social consequences, particularly regarding lineage (nasab), inheritance rights, and parent–child obligations. Islamic law strictly links lineage to a valid marriage in order to preserve the integrity of descent and ensure legal certainty. However, social realities present cases beyond this ideal, including children born outside marriage, unregistered marriages, and unclear parentage.Law No. 16 of 2019 seeks to provide legal certainty through mechanisms such as child recognition, legitimation, and protection. This research applies a normative juridical method with a comparative approach to analyze differences and potential harmonization between Islamic law and positive law. The study focuses on the concept of nasab, its legal implications, and the extent to which the law provides comprehensive solutions.The findings indicate that while Islamic law and positive law share the objective of protecting children, differences in determining lineage create challenges for legal certainty. Harmonization is therefore necessary to ensure both justice and the protection of children’s rights.
Co-Authors Ahmad Nafhani Ari Ekawie Baskhoro Arvita Hastarini Atik Dina Nasikhah Aulia Raden , Andi Nur Fikriana Bambang Tri Bawono Edy Chrisjanto Erna Tri Rusmala Ratnawati Fajrin, Fera Wulandari Fifink Praiseda Alviolita Hartanto I Kadek Sudiarsana Irfan Harmain Irma Suriyani Johan Tri Noval Hendrian Tombi Kalen Sanata Kalen Sanata Irma Suriyani Larasati, Kandi Kirana M. Andika Nur Sholeh Maulida, Yulianiva Raden, Andi Nur Fikriana Aulia Reza Pramasta Gegana Rininta Rininta Riza Puspita Sari Rizky Dwi Utami Roni Sulistyanto Luhukay, Roni Sulistyanto RR. Ella Evrita Hestiandari Said Munawar Septiana, Yunita Dewi Syafiqurrohman Syafiqurrohman Syafruddin, A.Ummu Fauziyyah Syakdiah Syakdiah, Syakdiah Syamsiar, Syamsiar Tombi, Johan Tri Noval Hendrian Tombi, Johan Tri Noval Herdian Yulianiva Maulida Yunita Dewi Septiana