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Collaborative Counterterrorism Governance and Islamic Criminal Law: Evidence from Jambi, Indonesia Nadi Chaidir; Ahmad Syukri; Yuliatin Yuliatin; Abdul Halim
International Journal of Sociology and Law Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i4.1044

Abstract

This study aims to analyze differing perceptions of terrorism between Islamic criminal law and Indonesian positive law and their implications for inter-institutional collaboration in Jambi, identify barriers to coordination between security and religious institutions, and examine the tension between repressive and deradicalization approaches. This research employs an empirical-juridical approach with qualitative methods. Primary data were obtained through in-depth interviews with the Jambi Regional Police, Densus 88, BNPT Jambi, FKPT Jambi, the Ministry of Religious Affairs, MUI, NU, Muhammadiyah, and Islamic boarding school leaders, supported by participatory observation. Secondary data included the Qur'an, Hadith, legislation, particularly Law No. 5 of 2018, classical jinayah texts, MUI fatwas, and academic literature. The analysis applies jarīmah ḥirābah, maqāṣid al-sharī'ah, particularly ḥifẓ al-nafs and ḥifẓ al-dīn, and siyāsah shar'iyyah. The findings show that divergent legal perceptions weaken collaboration, as Islamic criminal law emphasizes reconciliation (islāh) and repentance (taubat), while positive law prioritizes repression. Coordination remains suboptimal due to differing mandates, weak program synchronization, limited resources, and social stigma. The dominance of repression also limits policy effectiveness by neglecting ideological roots. Therefore, an integrative maqāṣid al-sharī'ah-based model combining law enforcement, prevention, and socio-religious rehabilitation is needed. The novelty lies in developing a local collaborative governance model integrating security and religious authorities functionally, normatively, and culturally.
Criminal Law Policy Against Perpetrators of Hoarding of Basic Commodities from the Perspective of Indonesian Legislation and Islamic Law Padri Zelvian; Ruslan Abd Gani; Rahmi Hidayati; Abdul Halim; Ahmad Syukri
International Journal of Religion Education and Law Vol. 4 No. 2 (2025): August 2025
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/ijrael.v4i2.6941

Abstract

This study examines the legal policy regarding criminal sanctions against perpetrators of staple food hoarding in Indonesia, viewed from the perspective of national legislation and Islamic law. Staple food hoarding—defined as the act of storing goods in unreasonable quantities to create artificial scarcity and profit from price surges—is a serious threat to public welfare and market stability. In the Indonesian legal context, hoarding is regulated under Law Number 7 of 2014 on Trade, the Criminal Code (KUHP), and supporting regulations, which impose criminal sanctions in the form of imprisonment and substantial fines. However, the enforcement of these sanctions faces practical challenges in terms of monitoring, proving intent, and preventing repeat violations. From the Islamic legal perspective, hoarding, known as ihtikār, is explicitly prohibited as it violates the principles of justice and public interest (maslahah). The Prophet Muhammad condemned hoarding, and Islamic jurisprudence empowers authorities to impose discretionary punishments (taʿzīr) to prevent social harm. The findings indicate a significant convergence between the objectives of national and Islamic law in protecting economic justice and consumer rights, though their normative foundations and enforcement mechanisms differ. This paper concludes that an integrative approach—combining formal criminal law enforcement with the ethical and moral values of Islam—can enhance the effectiveness of anti-hoarding policies. Recommendations include stronger market supervision, public education on ethical business conduct, collaboration with religious institutions, and consistent law enforcement.