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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.
COMPLIANCE OF HOUSING DEVELOPMENT LIMITED LIABILITY COMPANIES WITH DETAILED SPATIAL PLANNING IN THE LAND MATURITY STAGE Kosasih, Andry; Kamaludin; Khairunnisah; Syahriar, Irman
Awang Long Law Review Vol. 8 No. 3 (2026): Awang Long Law Review
Publisher : Sekolah Tinggi Ilmu Hukum Awang Long

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56301/awl.v8i3.2139

Abstract

This study examines the compliance of limited liability companies developing housing with the Detailed Spatial Planning (RDTR) at the land preparation stage within the framework of the risk-based business licensing regime following the Job Creation Law and Government Regulation 5/2021 and its updates through Government Regulation 28/2025. The RDTR is positioned as a central legal instrument and a tool for testing the material legality of spatial utilization, so that land preparation activities such as cut and fill, land clearing, and backfilling must be in line with established zoning and spatial function provisions. The research findings indicate that the risk-based licensing system through the OSS encourages formal document-based compliance (NIB, KKPR/PKKPR, and other basic requirements) rather than substantive compliance with physical actions in the field, resulting in a gap between administrative legality and material legality. By using normative legal research methods and analytical tools of Lawrence M. Friedman's Legal System Theory, Soerjono Soekanto's Legal Effectiveness Theory, Legal Compliance Theory, and Legal Protection Theory, this study found that compliance weaknesses stem from the disharmony between the orientation of accelerated investment and the demands of spatial planning prudence, the suboptimal integration of RDTR and spatial data in the OSS, and weak substantive supervision and compliance culture among developers. The study recommends strengthening the integration of RDTR in the OSS system, improving the quality of RDTR and spatial data infrastructure, enforcing consistent supervision and sanctions from the land preparation stage, and fostering a substantive compliance culture within the developer corporation environment so that the goals of sustainable spatial planning and protecting the interests of the community can be achieved more effectively.