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All Journal Al-Ahkam Jambura Law Review Indonesian Comparative Law Review Lampung Journal of International Law (LaJIL) Prophetic Law Review Indonesia Private Law Review Constitutionale Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Media of Law and Sharia Lex Scientia Law Review JILS (Journal of Indonesian Legal Studies)
Akbar, M. Fabian
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Discursive Contestations Beyond Parliament Shaping Indonesia’s Sexual Violence Criminal Bill: Dynamics, Actors, and Legitimacy Fajar, Habib Ferian; Semadaria, Kharisma Ratuprima; Wicaksono, Rifki Alfian; Meryadinata, Geofani Lingga; Latuconsina, Naimah; Akbar, M. Fabian
Media of Law and Sharia Vol. 7 No. 1 (2026)
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/mls.v7i1.451

Abstract

Law Number 12 of 2022 on Sexual Violence Crimes (TPKS Law) emerged as a response to the increasing number of sexual violence cases and the inadequacy of previous legal frameworks in providing justice and protection for victims. The enactment of this law signifies the urgency of ensuring legal certainty grounded in justice, public benefit, and respect for human rights. This study examines the debate and the state’s response during the legislative process, reflecting the tension between human rights and religious morality paradigms. It highlights three main aspects: the role and interaction of various actors in shaping the debate, the construction of morality and human rights within the socio-political framework, and the juridical-political significance of the TPKS Law in forming responsive legal norms. Using a normative legal approach and theoretical analysis, the findings show that the law represents a convergence between human rights and religious morality, producing a compromise between legal and political interests. This dynamic marks a transition from repressive to responsive lawmaking, emphasizing civil society participation and legislative commitment. Ultimately, the TPKS Law stands as both a legal achievement and a product of political contestation that strengthens victim protection and upholds human dignity.
RECONCILING OWNERSHIP RISK UNDER ISLAMIC ECONOMIC LAW: COMPARATIVE ANALYSIS OF INDONESIAN AND MALAYSIAN CONTRACTS Asyiqin, Istianah Zainal; Akbar, M. Fabian; Wirayudha, Dimas Putra; Abul Hisyam, Ayesha
Indonesia Private Law Review Vol. 6 No. 2 (2025)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/iplr.v6i2.4545

Abstract

Ownership risk (daman milkiyyah) is a core doctrine in Islamic contract law, as it determines the lawful transfer of liability and entitlement to profit in financial transactions, and its misallocation may result in products that are formally Sharia compliant but substantively deficient. This study aims to (1) clarify the juristic foundations of daman milkiyyah and (2) assess its implementation in contemporary Islamic banking products in Indonesia and Malaysia. Using a normative and comparative legal methodology, the research examines statutory and regulatory frameworks, Sharia rulings and fatwas, including those of DSN MUI and Malaysian Sharia governance bodies, classical and contemporary fiqh literature, documented banking practices, and maqasid al sharia as an evaluative lens. The findings reveal differences in regulatory architecture and product implementation between the two jurisdictions, which affect the consistency of ownership risk allocation across instruments such as murabaha, ijara, and asset based financing. These divergences indicate areas where governance standards and operational practices can be strengthened, and the study concludes that clearer ownership risk criteria aligned with maqasid al sharia are necessary to enhance transparency, ensure equitable risk distribution, and support the integrity and resilience of Islamic finance.
Co-Authors Abul Hisyam, Ayesha Akbar Napitupulu, Ichwan Rizki Akbar Napitupulu, Ichwan Rizky Ani Yunita Asyiqin, Istianah Zainal Beltrán Genovés, Manuel Corral, Eva Ferrer Fajar, Habib Ferian Farid, Adriana Maisarah binti Mohd Fitriyanti, Fadia Hardyanthi, Try Latuconsina, Naimah Lingganingrum, Laras Mareto, Irvan Meryadinata, Geofani Lingga Nirwana, Nia Prilia Onielda, Muhammad Daffa Auliarizky Pei-Fen, Tsai Semadaria, Kharisma Ratuprima Susila, M. Endriyo Wicaksono, Rifki Alfian Wirayudha, Dimas Putra Yasmin, Shaffa Aulia Yordan Gunawan