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Judicial Neutrality in Corruption Trials: A Contemporary Islamic Law Perspective on Independence in Transitional Legal Systems Irman Syahriar; Indera Dewi; Fifi Loanardy; Jamil Khairunnisah; Bilal Hussain
MILRev: Metro Islamic Law Review Vol. 4 No. 2 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i2.11425

Abstract

This study examines the dynamics of judicial neutrality in corruption trials within transitional legal systems, analysed through the lens of Contemporary Islamic Law. The research aims to investigate how political pressures, systemic weaknesses, and legal culture affect judicial independence, and to evaluate the alignment of judicial conduct with the ethical and procedural principles embedded in Islamic legal thought. Employing a qualitative legal research method that draws on statutory, case, and conceptual approaches, the study synthesises legal texts, judicial decisions, and scholarly commentaries. The findings reveal that in transitional legal systems, judicial neutrality is often compromised by political interference, inadequate institutional safeguards, and cultural tolerances toward corruption, resulting in a crisis of public trust. From the perspective of Contemporary Islamic Law, the preservation of judicial independence is not only a procedural requirement but also a moral imperative grounded in maqāṣid al-sharī‘ah, particularly the protection of justice (ḥifẓ al-‘adl) and public interest (maṣlaḥah' āmmah). The study concludes that integrating Contemporary Islamic legal principles into anti-corruption judicial reforms can strengthen institutional independence, reinforce ethical accountability, and restore public confidence in the judiciary. This research contributes academically by bridging the discourse between legal reform in transitional contexts and the evolving application of Islamic legal theory to contemporary governance challenges.
Law Enforcement Perspectives on Children in Conflict with the Law Due to Digital Crimes Awaludin, Arif; Beddu, Sumiyati; Haning, Semuel; Latianingsih, Nining; Syahriar, Irman
JURNAL AKTA Vol 13, No 1 (2026): March 2026
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.v13i1.51389

Abstract

The rapid growth of digital technology has increased children’s involvement in cyber-related activities, which has consequently raised the number of minors in conflict with the law due to digital crimes. In Indonesia, this phenomenon is intensified by high internet penetration and limited digital literacy among adolescents. This study aims to analyze law enforcement perspectives on children involved in digital crimes within the framework of the juvenile criminal justice system and to identify factors influencing legal responses. This research employs a qualitative approach using a literature study design. Data were collected from academic journals, books, legal regulations, and official institutional reports through systematic searches of Google Scholar, Scopus, and national journal databases. The collected materials were analyzed using content and thematic analysis. The findings indicate that law enforcement perspectives are shaped by legal frameworks, institutional culture, technological complexity, harm severity, and social pressure. Although the Juvenile Criminal Justice System Law emphasizes restorative justice and diversion, its implementation in cybercrime cases remains inconsistent due to the deterrence-oriented provisions of the Electronic Information and Transactions Law. The study concludes that stronger legal harmonization, interdisciplinary training, and public awareness are essential to ensure a more consistent, child-centered justice system in the digital era.