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All Journal LAW REFORM DE JURE Khazanah Hukum
Abdullah, Mohd Kamarulnizam
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Law, Crime, Criminology & Criminal Justice

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Reforming Indonesia’s Correctional System: The Role of Maqāṣid Al-Syarīʿah in Ensuring Justice and Rehabilitation Bunyamin, Bunyamin; Arifin, Firdaus; Maarif, Ihsanul; Bahri, Robi Assadul; Abdullah, Mohd Kamarulnizam
De Jure: Jurnal Hukum dan Syari'ah Vol 17, No 1 (2025)
Publisher : Shariah Faculty UIN Maulana Malik Ibrahim Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j-fsh.v17i1.29258

Abstract

The correctional system in Indonesia faces significant challenges, including overcapacity, low effectiveness of rehabilitation, and a lack of integration of spiritual values. This research aims to explore the application of maqāṣid al-syarīʿah as a value foundation in the reform of the correctional system to enhance the effectiveness of rehabilitation and reintegration of inmates. This research employs a qualitative method with a normative-empirical approach, encompassing an analysis of regulatory frameworks, particularly Law Number 22 of 2022 concerning Corrections and observational techniques. The research results show that maqāṣid al-syarīʿah, with principles such as the protection of life (hifz an-nafs), intellect (hifz al-aql), spirituality (hifz ad-din), lineage (hifz an-nasl), and property (hifz al-māl) provide a holistic framework to support the rehabilitation of prisoners. Programs based on religious values and practical skills have proven capable of supporting individual moral and economic changes, while community involvement through community mentors strengthens social reintegration. However, challenges such as limited resources, cultural resistance to religious-based approaches, and the lack of oversight based on maqāṣid al-syarīʿah indicators hinder optimal implementation. Therefore, this research recommends a revision of more specific regulations, including the provision of religious-based facilities, officer training, and the strengthening of technology-based evaluations. This research includes formulating more humane and inclusive correctional policies in line with Islamic values and universal human rights. By integrating maqāṣid al-syarīʿah, the correctional system in Indonesia can transform into an instrument that is punitive and rehabilitative, creating sustainable social harmony.
Recognition of Customary Norms Within the Framework of Indonesian Legal Positivism Arifin, Firdaus; Astawa, I Gde Pantja; Maarif, Ihsanul; Sulastri, Dewi; Abdullah, Mohd Kamarulnizam
Khazanah Hukum Vol. 7 No. 1 (2025): Khazanah Hukum
Publisher : UIN Sunan Gunung Djati

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15575/kh.v7i1.39409

Abstract

The recognition of customary norms within Indonesia’s legal system continues to face challenges due to the dominance of legal positivism, which emphasizes legal certainty through codified regulations. Although Article 18B (2) of the 1945 Constitution acknowledges the existence of indigenous legal communities, its implementation within the national legal system remains limited and conditional, leading to legal uncertainty for indigenous groups. This study aims to analyze how customary norms are recognized within Indonesia’s positive legal system and to identify the challenges and opportunities in harmonizing these two legal frameworks. This research employs a normative legal method with a conceptual and statutory approach, analyzed qualitatively using a descriptive-analytical framework. The findings reveal that customary law remains marginalized within the national legal system due to inconsistencies in regulations and court rulings, as well as the absence of a clear harmonization mechanism. The implications of this study emphasize the need for more inclusive legal reforms, enhanced capacity-building for law enforcement officials, and a stronger role for Indigenous communities in legal policymaking. These measures are expected to strengthen the recognition of customary law within the national legal system, contributing to greater substantive justice for Indigenous communities.
Evaluating the Election Law in Indonesia for Strengthening Democracy and Ensuring Honest and Fair Elections Huda, Uu Nurul; Arifin, Firdaus; Susanto, Anthon F; Abdullah, Mohd Kamarulnizam
LAW REFORM Vol 21, No 2 (2025): Law Reform
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v21i2.66848

Abstract

Indonesia’s electoral law established the framework to uphold democracy through free and fair elections. However, its implementation faces structural and procedural weaknesses that undermine effectiveness and public trust. This study employs a legal approach to examine these weaknesses, problems, and propose corresponding reforms. Key issues include overlapping authority among the General Elections Commission, the Election Supervisory Agency, and the Election Organizer Ethics Council; weak campaign oversight due to limited resources; unclear legal definitions; lenient sanctions for violations; and challenges in enforcing strict reporting deadlines. Additionally, systemic problems such as the open-list proportional system and the presidential threshold restrict political competition and foster transactional politics. To address these, the study recommends legal and institutional reforms: clarifying institutional roles, enhancing inter-agency coordination, strengthening campaign finance regulation with digital transparency systems, and improving enforcement mechanisms and sanctions. Further, revising the electoral system and threshold requirements, alongside introducing merit-based recruitment and whistleblower protections, are proposed to ensure inclusiveness, accountability, and democratic integrity. These measures aim to create a transparent, fair, and credible electoral process that reinforces democratic principles in Indonesia.
Co-Authors Bahri, Robi Assadul Bunyamin Bunyamin Firdaus Arifin, Firdaus I Gde Pantja Astawa Maarif, Ihsanul Sulastri, Dewi Susanto, Anthon F Uu Nurul Huda, Uu Nurul