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All Journal SAMARAH: Jurnal Hukum Keluarga dan Hukum Islam El-Usrah: Jurnal Hukum Keluarga Jurnal Kajian Ilmu Hukum
Anto, Irma Romi
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Law, Crime, Criminology & Criminal Justice Social Sciences

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CHILD EXPLOITATION AS A HUMAN RIGHTS VIOLATION: A JURIDICAL ANALYSIS IN THE CONTEXT OF NATIONAL AND INTERNATIONAL LAW IN INDONESIA Anto, Irma Romi
Jurnal Kajian Ilmu Hukum Vol. 4 No. 1 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i1.1406

Abstract

Child exploitation constitutes a grave violation of human rights, directly undermining the dignity, development, and future of children as the nation's next generation. This article presents a juridical analysis of how Indonesian national law and international legal instruments protect children from various forms of exploitation, including economic exploitation, sexual exploitation, and trafficking. Employing a normative legal approach, this study examines relevant Indonesian legislation-such as the Child Protection Act and provisions in the Criminal Code-alongside international frameworks, notably the United Nations Convention on the Rights of the Child (CRC). The findings indicate that despite Indonesia’s ratification of key international treaties and the existence of comprehensive domestic legal norms, significant challenges persist in enforcement, institutional coordination, and victim recovery processes. This paper argues for a more integrated and rights-based legal framework, improved law enforcement capacity, and stronger institutional mechanisms to ensure effective child protection. Strengthening these aspects is essential to align national practices with universally recognized human rights standards and to combat child exploitation more effectively
ULTIMUM REMEDIUM AND THE LEGAL POLITICS OF TAX CRIMINAL PROSECUTION IN INDONESIA Abduh, Arridho; Anto, Irma Romi; Abdulghani, Naser Ali
Jurnal Kajian Ilmu Hukum Vol. 4 No. 2 (2025): Jurnal Kajian Ilmu Hukum
Publisher : Yayasan Pendidikan Islam Almatani

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55583/jkih.v4i2.1700

Abstract

The enforcement of tax criminal law in Indonesia faces a structural dilemma between the principle of ultimum remedium, which emphasizes the recovery of state financial losses, and the tendency to apply primum remedium, which is punitive. This study uses a juridical-normative method with a statutory, conceptual, case-based, and comparative approach to analyze the normative construction of the KUP Law, law enforcement practices, and Supreme Court jurisprudence related to tax crimes. The results show that the ambiguity of the discretionary formulation of Article 44B of the KUP Law, as well as the inconsistency of the ratio decidendi in court decisions, have given rise to legal uncertainty and unequal treatment of taxpayers. As a novelty, this article deconstructs the binary paradigm of ultimum remedium–primum remedium and proposes the Integrative Justice Model as an alternative theoretical framework. This model is designed as a legal triage mechanism that classifies tax crimes based on the level of seriousness of the act and the degree of culpability (mens rea) of the perpetrator, thus allowing for proportional differentiation of settlement paths through: (1) administrative-restorative paths, (2) hybrid restorative-punitive paths, and (3) punitive-preventive paths. The Integrative Justice Model is offered as a normative solution to bridge the interests of state financial restoration with just, effective, and legal certainty-oriented criminal law enforcement.
Zakat, Technology, and Trust: Muzakki Participation Among Young Professionals in Islamic Philanthropy in Riau Maghfirah, Maghfirah; Anto, Irma Romi; Maulidizen, Ahmad; Syahrin, M. Alpi; Setiawan, Alfiandri
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol. 10 No. 2 (2026): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/fj4a8z24

Abstract

This study aims to analyze the role of trust in enhancing zakat participation in the digital era and to examine the ambivalence of digital technology in zakat management, particularly among young professionals as productive muzakki. The main problem addressed in this research lies in the gap between the vast potential of zakat and its relatively low institutional collection, which is not merely caused by economic factors but also by declining trust in zakat institutions and governance challenges. This study employs a qualitative, library-based approach by reviewing classical fiqh literature, contemporary Islamic economic thought, and recent interdisciplinary studies on digital Islamic philanthropy. The findings reveal that trust is a multidimensional construct consisting of cognitive, affective, and normative dimensions, which significantly influence muzakki decisions to channel zakat through formal institutions. Digital technology enhances efficiency, accessibility, and transparency; however, it also creates ambivalence by introducing risks related to data security, symbolic transparency, and the commodification of religious practices. This study concludes that digital technology alone cannot increase zakat participation without trust and ethical legitimacy. Trust functions as a mediating variable determining the effectiveness of digital transformation in zakat governance. The originality of this research lies in the development of an integrative conceptual framework based on maqāṣid al-sharīʿah that repositions zakat as an Islamic philanthropic and socio-ethical institution in modern governance.
Family Resilience and Zakat Management: Integrating Islamic Law and Social Finance in Pekanbaru, Indonesia Maghfirah, Maghfirah; Maulidizen, Ahmad; Anto, Irma Romi; Nelli, Jumni; Syahrin, M Alpi
El-Usrah: Jurnal Hukum Keluarga Vol. 9 No. 2 (2026): EL-Usrah: Jurnal Hukum Keluarga
Publisher : Universitas Islam Negeri Ar-Raniry Banda Aceh

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/ujhk.v9i2.36400

Abstract

This study examines the urgency of reconstructing zakat governance to strengthen the family resilience of the Muslim community by integrating the normative principles of Islamic Family Law and maqāṣid al-sharī'ah. Although Indonesia possesses a comprehensive legal and institutional framework for zakat management facilitated by the National Zakat Agency (BAZNAS) and Zakat Management Institutions (LAZ) existing governance remains dominated by an orientation toward administrative accountability, financial performance, and poverty alleviation, with relatively limited attention paid to family resilience as a strategic objective. This study aims to reconstruct zakat governance to enhance its effectiveness in sustainably improving family welfare, viewed through the perspective of Islamic Family Law and analyzed using maqāṣid al-sharī'ah theory. It employs an empirical legal approach, gathering data through interviews with regulators, zakat institution administrators, and Islamic Family Law experts, supported by an analysis of relevant legal documents and policies. The findings propose an integrated zakat governance model that positions the family as the primary unit of empowerment through family-based mustahik assessment, collaborative governance, sustainable empowerment programs, continuous mentoring, governance digitalization, and multidimensional performance evaluation. This model demonstrates that integrating Islamic Family Law and maqāṣid al-sharī'ah expands the orientation of zakat governance moving beyond mere management efficiency toward the protection of religion, life, intellect, lineage, and property thereby sustainably strengthening Muslim family resilience. The study contributes theoretically to the development of zakat law and Islamic social finance while offering practical recommendations for zakat governance reform in Indonesia.
Co-Authors Abduh, Arridho Abdulghani, Naser Ali Ahmad Maulidizen Jumni Nelli M. Alpi Syahrin Maghfirah Maghfirah Maghfirah Maghfirah Setiawan, Alfiandri Syahrin, M Alpi