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Ensuring the Rights of Indigenous Peoples: International Legal Standards and National Implementation Gusniarjo Mokodompit; Suprijati Sarib; Sabil Mokodenseho; Zulfikri Darwis; Madinah Mokobombang
The Easta Journal Law and Human Rights Vol. 1 No. 03 (2023): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v1i03.89

Abstract

This research explores the guarantee of indigenous peoples' rights in indigenous territories in West Java, focusing on international legal standards and their implementation at the national level. The research used a mixed-methods approach, combining qualitative and quantitative methods. Through document analysis, surveys and interviews with key stakeholders, the research examines the legal and policy framework, challenges and opportunities related to indigenous peoples' rights in the region. The findings highlight issues such as land rights, cultural preservation, and political participation. While there are legal provisions in place, their practical implementation faces challenges such as conflicting land tenure systems, limited recognition of customary land rights, and lack of consultation and participation of indigenous peoples. This research emphasizes the need for effective implementation of international legal standards, capacity building, and empowerment of indigenous peoples. The findings contribute to the understanding of indigenous peoples' rights in West Java and provide insights for policy makers, indigenous peoples, and other stakeholders involved in protecting indigenous peoples' rights.
Qualitative Study of the Role of Islamic Law in Shaping Muslim Identity and Business Ethics Suprijati Sarib; Koko Komaruddin; Madiha Dzakiyyah Chairunnisa; Ahmad Labib Majdi; Sabil Mokodenseho
Sanskara Hukum dan HAM Vol. 2 No. 01 (2023): Sanskara Hukum dan HAM (SHH)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/shh.v2i01.242

Abstract

This qualitative research explores the role of Islamic law in shaping the identity and business ethics of Muslims in West Java, Indonesia. This research investigates how Islamic principles and cultural norms interact to influence ethical decision-making and identity formation among Muslim business owners. Through semi-structured interviews and document analysis, this research uncovers themes of integration between Islamic teachings and local customs, the impact of Islamic ethics on business behavior, the relationship between adherence to Islamic principles and self-identity, and the challenges faced in aligning religious obligations with economic reality. The findings highlight the synergy between religion and culture, the ethical foundation provided by Islamic principles, and strategies used to deal with challenges. The implications of this research include both theoretical understanding and practical application, offering insights for policy makers, business people, and religious leaders in promoting ethical and culturally sensitive business practices.
The Role of Religious Law in Combating and Preventing Crime in Developing Nations Suprijati Sarib; Sabil Mokodenseho
West Science Law and Human Rights Vol. 1 No. 02 (2023): West Science Law and Human Rights
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wslhr.v1i02.63

Abstract

This research aims to explore the role of religious law in preventing and tackling crime in developing countries, focusing on the challenges and opportunities faced. The research method used is descriptive-qualitative, with data collection through interviews, observations, and document studies. The results showed that religious law has great potential in preventing and dealing with crime in developing countries, especially in terms of prevention through the formation of individual character and morals. However, the challenges faced are the conflict between religious law and secular law and the weak implementation of religious law. The opportunities exist through collaboration between religious law and secular law and strengthening the performance of religious law that can be done through education and training for law enforcers. This research is expected to contribute to developing legal policy and practice in developing countries, especially regarding crime handling.
Law Enforcement Against Religious Blasphemy on Social Media in Indonesia Suprijati Sarib; Rai Iqsandri; Sabil Mokodenseho
The Easta Journal Law and Human Rights Vol. 2 No. 01 (2023): The Easta Journal Law and Human Rights (ESLHR)
Publisher : Eastasouth Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/eslhr.v2i01.150

Abstract

This study looks into the complex legal environment surrounding blasphemy enforcement on social media platforms in Indonesia, a country known for its wide range of religious and cultural practices. Using a thorough mixed-methods approach, the study combines technology evaluations, legal analyses, and sociological surveys to give a comprehensive knowledge of the prospects and problems in reducing online blasphemy. The legal analysis delves into the complexities of the Blasphemy Law and the Electronic Information and Transactions (EIT) Law, exposing obstacles in its implementation in the ever-changing digital landscape. Different public perspectives are captured through societal surveys, which highlight the influence of religion on attitudes and the efficacy of existing legislative measures. Technological evaluations explore the complexity of algorithms used for content moderation and the cooperation between law enforcement and platforms. Through the cross-analysis of these aspects, inequalities and links are shown, encouraging a nuanced conversation on striking a balance between religious sensitivity and freedom of expression. The study's conclusions highlight the necessity for a flexible and culturally aware strategy in dealing with online blasphemy and offer recommendations for legislators, law enforcement organizations, and technology stakeholders.
Comparison Between Islamic Law and Positive Law in a Judicial Context Suprijati Sarib; Syarifuddin; Sabil Mokodenseho
West Science Islamic Studies Vol. 1 No. 01 (2023): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v1i01.284

Abstract

This study explores Indonesia's complex legal system, which coexists with positive and Islamic law. The study examines how various legal systems apply justice and how people perceive it, using a quantitative research design. When survey data is combined with document analysis, subtle patterns and differences are revealed. The findings show that although positive law places more emphasis on procedural issues and the defense of individual rights, Islamic law views justice as being strongly related to moral and ethical principles. Different views of justice are influenced by differences in demographics. The discussion of these findings' implications within the framework of legal pluralism provides valuable perspectives for researchers, policymakers, and legal practitioners attempting to navigate the intricate legal landscape of Indonesia.
Analysis of Legal Protection of Children in Cases of Underage Divorce in Indramayu Suprijati Sarib; Arief Fahmi Lubis; Kalijunjung Hasibuan
West Science Interdisciplinary Studies Vol. 1 No. 11 (2023): West Science Interdisciplinary Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsis.v1i11.382

Abstract

This research investigates the legal protection of children in underage divorce cases in the context of Indramayu, Indonesia. Using a mixed methods approach, the research analyzed the legal framework, reviewed existing literature, and gathered insights through surveys with legal professionals, social workers, and individuals who have direct experience in underage divorce cases. The findings revealed nuances in the legal landscape, challenges in implementation, and the importance of cultural sensitivity. Recommendations emphasize alignment of legal standards, improved support services, interdisciplinary collaboration, compassionate legal processes, and community engagement.
Analysis of the Role of Zakat, Sadaqah, and Infaq in the Community Economy for Poverty Alleviation in Indonesia Suprijati Sarib; Feb Amni Hayati; Sabil Mokodenseho; Siti Madina Lantong; Magfira Mamonto
West Science Islamic Studies Vol. 2 No. 02 (2024): West Science Islamic Studies
Publisher : Westscience Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58812/wsiss.v2i02.820

Abstract

This qualitative study delves into the role of Zakat, Sadaqah, and Infaq (ZSI) within the Indonesian community economy for poverty alleviation. Through interviews with diverse stakeholders, including representatives from Islamic charitable organizations, government officials, community leaders, and beneficiaries, as well as document analysis, the research explores perceptions, practices, impacts, challenges, and opportunities associated with ZSI initiatives. The findings reveal that ZSI plays a crucial role in providing social safety nets, fostering sustainable livelihoods, and promoting social cohesion within Indonesian communities. Despite governance issues and logistical challenges, collaborative partnerships, technology integration, and capacity building offer promising avenues for enhancing the effectiveness and sustainability of ZSI initiatives. Overall, this research underscores the significance of ZSI as a tool for promoting social justice, economic empowerment, and community resilience in Indonesia.
LEGAL PROTECTION OF NON-MUSLIM WAKAF IN A MULTICULTURAL SOCIETY: AN ISLAMIC LEGAL PERSPECTIVE UTILIZING THE MASLAHAH APPROACH IN MANADO CITY Nenden Herawaty Suleman; Suprijati Sarib; Moh. Hidayatullah A.K Husein; Moh. Rafiq Soleman
Referensi Islamika: Jurnal Studi Islam Vol. 4 No. 3 (2026): JUNE
Publisher : Academic Bright Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66053/ri.v4i3.527

Abstract

This study aims to analyze legal protection for non-Muslim waqf practices in the multicultural community of Manado City through an Islamic legal perspective based on the principle of maslahah. This study also examines the role of the Waqf Deed Official (PPAIW) in the multicultural transformation of waqf land registration. This research uses a qualitative case study approach with juridical-normative and empirical methods. Data were collected through document analysis, in-depth interviews, participant observation, and focus group discussions involving PPAIW, nazhir (Islamic legal adviser), religious leaders, and land office officials in Manado. The research indicates that the principle of maslahah provides flexibility in interpreting non-Muslim waqf as a form of social contribution that supports public welfare and interfaith harmony. However, normative differences among Islamic scholars regarding the legality of non-Muslim waqf remain a challenge. The study also identified a significant gap between national waqf policy and local implementation, reflected in the low percentage of waqf land certified. Despite these limitations, PPAIW demonstrates adaptive capacity in bridging Islamic law, state regulations, and local cultural values. This research contributes to the development of a more adaptive and inclusive waqf legal framework in multicultural societies. However, this research is limited to the local context of Manado City and may not be fully representative of other multicultural regions in Indonesia. This study offers a new perspective on integrating the principle of maslahah with multicultural realities in waqf administration, highlighting the strategic role of PPAIW in promoting inclusive and socially responsive waqf governance in Indonesia.
Provision of Contraceptive Devices for School-Aged Children and Adolescents: a Comparison of Maqasid Al-Syariah and Positive Law Andi Muh. Taqiyuddin BN; Nursarah A. Conoras; Ahmad Arief; Suprijati Sarib; Muhammad Muhammad
QONUN: Jurnal Hukum Islam dan Perundang-undangan Vol. 9 No. 2 (2025)
Publisher : FASYA Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21093/qj.v9i2.11024

Abstract

This study aims to examine the criticism of Maqashid al-Syariah and Positive Law against Article 103 paragraph 4 of Government Regulation No. 28 of 2024. This is a qualitative study. The research design is a literature review. The findings of this study indicate that the regulation on the provision of contraceptives for school-age children and adolescents without clearly specifying the qualifications of recipients is only applicable to those who are married. This is considered contrary to the Child Protection Law and Maqasid al-Syariah. Furthermore, the regulation on the provision of contraceptives for school-age children and adolescents is inconsistent with Article 534 of the Criminal Code, which promotes contraceptives, and Article 408 of Law No. 1 of 2023, which prohibits the promotion of contraceptives to children, with the threat of a criminal fine.