Article Per Year (5 Year)
p-Index From 2021 - 2026
2.357
P-Index
This Author published in this journals
All Journal Jurnal Hukum Progresif JURNAL SIPAKALEBBI Ekspose: Jurnal Penelitian Hukum dan Pendidikan Al-Adalah: Jurnal Hukum dan Politik Islam Al-Syakhshiyyah : Jurnal Hukum Keluarga Islam dan Kemanusiaan Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab Jurnal Al-Kharaj: Studi Ekonomi Syariah, Muamalah, dan Hukum Ekonomi Al-Aqwal : Jurnal Kajian Hukum Islam Jurnal Ar-Risalah Jurnal Kajian Hukum dan Sosial
Ansar, Lukman
Unknown Affiliation
Religion Humanities Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Social Sciences

Published : 14 Documents Claim Missing Document
Claim Missing Document
Check
Articles

Found 14 Documents
Search

 1   2 
Negotiating Legal Pluralism: Managing Tensions between Islamic Law and Customary Law in Muslim Marriage Practices in Papua, Indonesia Amri Amri; Lukman Ansar; Shofwan Al Jauhari; Mochammad Arifin; Ma'adul Yaqien Makkarateng
Justicia Islamica Vol 23 No 1 (2026)
Publisher : Faculty of Sharia UIN Kiai Ageng Muhammad Besari Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21154/justicia.v23i1.12404

Abstract

This research aims to describe the forms of conflict and negotiation that can arise between Islamic religious law and customary law in the practice of dowry (mahr) provision within Muslim Papuan marriages, to achieve a balanced coexistence. The primary focus of this study is to examine the forms of conflict and the conflict negotiation mechanisms that can be applied within the tradition of marriage dowry practices. This research employs a qualitative approach with a case study design focusing on Muslim communities of the Marind tribe in Merauke and the Dani tribe in Wamena, Papua, Indonesia. Data were collected through in-depth interviews, direct observation, and systematic documentation. After the research data were fully collected, they were processed and analysed using a descriptive contextual approach. The findings reveal that customary law is prioritised over religious law in determining marriage traditions. The continued existence and application of customary law have implications for tensions and conflicts with Islamic law. Therefore, marriage traditions, particularly the practice of dowry provision among Papuan Muslims, need to be reconstructed through negotiation in order to reconcile religious and customary law so that both may remain harmonious and coexist. Through restorative and normative–theological approaches, this study proposes a new model of negotiation that enables the continued practice of dowry provision based on customary rules without violating Islamic legal principles.
Agrarian Reform, Institutional Fragmentation and Land Justice in Indonesia Sulfian, A. Sultan; Ansar , Lukman; Firdaus; Aboalela, Nahi Hashim Fathi; Albarahmeh, Mohammad Yusuf Musa
Al-Adalah: Jurnal Hukum dan Politik Islam Vol. 11 No. 2 (2026)
Publisher : Program Studi Hukum Tata Negara, Fakultas Syariah dan Hukum Islam IAIN Bone

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30863/ajmpi.v11i2.10370

Abstract

This article examines the acceleration of agrarian reform in Indonesia as a strategic instrument for achieving justice in land ownership, with a focus on the implementation of Presidential Regulation No. 62 of 2023. Despite successive reform initiatives, persistent structural inequalities in land tenure continue to generate agrarian conflicts, social exclusion, and unequal economic access. Using a normative legal approach based on statutory, conceptual, and legal-theoretical analysis, the study evaluates the regulatory framework and its implementation within Indonesia’s land governance system. The findings indicate that Presidential Regulation No. 62 strengthens the institutional framework for agrarian reform, yet implementation remains constrained by overlapping sectoral regulations, fragmented land administration, incomplete land data, and limited institutional capacity. These barriers hinder equitable land redistribution and legal certainty for communities. The study argues that agrarian reform should be understood not merely as a redistributive policy, but as a transformative mechanism for promoting social justice, economic inclusion, and sustainable rural development. Effective reform thus requires regulatory harmonization, institutional strengthening, transparent monitoring, and meaningful community participation, providing insights for both legal scholarship and policy practice.
ENVIRONMENTAL CONSTITUTIONAL REGRESSION IN RISK-BASED INVESTMENT GOVERNANCE: RECONFIGURING ENVIRONMENTAL PROTECTION STRUCTURE IN INDONESIA Amir, Irfan; Setyawanta, Lazarus Tri; Diamantina, Amalia; Ansar, Lukman; Adelvia, Adelvia
Jurnal Hukum Progresif Vol 14, No 1 (2026): April 2026
Publisher : Doctoral of Law Program, Faculty of Law, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/jhp.14.1.167-200

Abstract

The reform of the risk-based licensing system implemented through the Job Creation Law in Indonesia has had a significant impact on environmental protection. This shift, which replaces the precautionary-based preventive approach with risk management, has the potential to reduce ecological protection without explicitly changing constitutional norms. From a constitutional perspective, this change is considered environmental constitutional regression, referring to the decline in the legal system’s ability to ensure the environmental protection that was previously achieved. This article analyzes the impact of this transformation on the legal structure and investment governance in Indonesia. Environmental protection, which previously functioned as a constitutional instrument limiting the rationality of economic development, is now repositioned as an administrative component within the risk-based licensing framework. This shift occurs amid efforts to deregulate and simplify licensing to accelerate investment, but at the expense of the state’s obligation to ensure ecological sustainability. This reform affects various regulatory dimensions, including institutional structure, the role of law, public participation procedures, and environmental protection standards. The integration of environmental approval into the risk-based licensing system changes the paradigm from preventive control to administrative risk management. As a result, environmental protection mechanisms become dependent on risk assessments that do not always encompass the broader potential ecological damage. This study proposes the need for a progressive legal approach that reaffirms the state's obligation to uphold constitutional rights to a healthy and sustainable environment, while mitigating the negative impacts of regulatory reform on ecological justice and environmental sustainability. Thus, this research contributes to the understanding of the constitutional implications of risk-based regulatory restructuring, emphasizing the importance of ensuring that environmental protection remains a priority in development policy.
PEMBAGIAN HARTA WARISAN PERSPEKTIF KEADILAN GENDER: DIALEKTIKA PEMIKIRAN HUKUM ISLAM, ADAT, DAN KONTEMPORER Tarmizi, Tarmizi; Ansar, Lukman
JURNAL SIPAKALEBBI Vol 10 No 1 (2026): Juni
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/sipakalebbi.v10i1.66797

Abstract

Gender justice in the distribution of inherited assets continues to be a topic of discussion among various groups, despite existing provisions in inheritance law. The emergence of various perspectives advocating for gender-based justice in inheritance indicates a demand for equal rights between men and women without being bound by existing legal provisions. This study examines the dialectic of inheritance distribution based on gender justice through Islamic legal thought, customs developed within society, and contemporary paradigms advocating for gender equality. This study was conducted as a literature review using a conceptual approach and data collection through relevant key literature, which was then analyzed using descriptive qualitative methods. The results indicate a convergence of thought among Islamic law, customary law, and contemporary paradigms in proposing a concept of inheritance distribution grounded in gender equality. Conceptually, Islamic legal scholars have dared to propose an inheritance system with equal shares between men and women. From the perspective of customary law, the flexibility in determining shares based on agreement opens opportunities for female heirs to receive the same share as men. Similarly, contemporary paradigms pioneered through social and political movements and policy formulations advocate for gender equality on a global scale. This study offers a conceptual contribution regarding the importance of gender equality, including in the distribution of inherited assets, through various theoretical frameworks.
Co-Authors Aboalela, Nahi Hashim Fathi Adelvia, Adelvia Albarahmeh, Mohammad Yusuf Musa Amalia Diamantina Amir, Irfan Amri Amri Budi Firamulia, Muhammad Tryas Een Rizki Amaliyah Firdaus H, Hasmiyati Hasmiyati, Hasmiyati Lisma Ma'adul Yaqien Makkarateng Ma’adul Yaqien Makkarateng Mochammad Arifin Mursyid, Andi Miftahul Maulidil Podu, Sabar Ridwan P, Muh. Sari, Dewi Arnita Satriadi Setyawanta, Lazarus Tri Shofwan Al Jauhari Sulfian, A. Sultan Supriadi Supriadi Sylviah Syuaib, Nurul Aqarrah Tarmizi Wahyudin, Dandi Zulfadli Zulfadli Zulfadli