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Beyond the Streets: Rethinking Legal Protection for Exploited Street Children in Indonesia Musofiana, Ida; Ahmed Kheir Osman
Jurnal Ius Constituendum Vol. 10 No. 3 (2025): OCTOBER
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i3.10526

Abstract

This study investigates the urgency of providing legal protection for street children who are victims of exploitation amid the increasing number of reported cases and weak law enforcement responses. Employing a normative juridical method with a descriptive–analytical approach, the research integrates primary and secondary legal materials to evaluate the effectiveness of existing protection mechanisms. The findings reveal that poverty, limited social supervision, and the absence of deterrent sanctions are the dominant factors driving child exploitation. The consequences are multidimensional, adversely affecting the children’s physical health, education, psychological stability, and long-term socioeconomic prospects. The novelty of this research lies in its interdisciplinary integration of legal, social, economic, educational, and health perspectives to formulate a responsive and applicable model of protection. The study concludes that combating the exploitation of street children requires more than normative regulations; it demands a coordinated cross-sectoral framework involving legal institutions, social welfare agencies, and community participation to ensure effective and sustainable protection.
Contemporary Legal Accountability Reform in Public Procurement: A Framework Integrating Ethical Norms and Anti-Corruption Mechanisms Jawade Hafidz; Muhammad Dias Saktiawan; Agus Prasetia Wiranto; Aditya Noviyansyah; Ahmed Kheir Osman
MILRev: Metro Islamic Law Review Vol. 4 No. 1 (2025): MILRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, IAIN Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v4i1.10664

Abstract

Government procurement of goods and services is a strategic sector that is vulnerable to irregularities and corruption. Therefore, reforming legal accountability in this area is crucial to creating governance that is clean, transparent, and has integrity. This study offers an alternative approach to public procurement reform by integrating Islamic principles as an ethical and normative foundation for building a sound governance system and an anti-corruption framework. This research uses a normative-qualitative method, analyzing various legal documents, Islamic literature, and modern governance theories. It focuses on fundamental Islamic values such as ʿadalah (justice), amanah (honesty and responsibility), maslahah (public welfare), and hisbah (social oversight). These values are highly relevant for addressing accountability challenges in public procurement. The findings show that applying these principles can strengthen the ethical dimension of procurement regulations, improve transparency in the tender process, and clarify public accountability mechanisms. The integration of Islamic values is not intended to replace existing positive law but to enrich and complement the legal framework with a moral and spiritual approach rooted in Islamic legal tradition. Academically, this study contributes by providing a new conceptual framework that combines Islamic ethical norms with public governance and anti-corruption law. This approach creates space for dialogue between Islamic legal tradition and modern legal practice, offering a more holistic solution to corruption issues in public procurement. 
Rehabilitative Sentencing for Narcotics Addicts within the Framework of National Law and Maqasid Syari’ah Winjaya Laksana, Andri; Ida Musofiana; Alwan Hadiyanto; Ahmed Kheir Osman; Ahmed Rabie Hassan
El-Mashlahah Vol 16 No 1 (2026)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v15i2.10409

Abstract

Narcotics-related crimes are classified as extraordinary crimes that threaten not only individual lives but also the broader fabric of society. Narcotics addicts, while legally considered offenders, are in fact self-victimizing individuals whose behavior is driven by dependency and loss of self-control. Rehabilitative sentencing offers a progressive alternative to punitive approaches by prioritizing treatment, recovery, and reintegration over retribution. This study aimed to critically examine the implementation of rehabilitative sentencing for narcotics addicts within Indonesia’s legal framework, while simultaneously analyzing its compatibility with the higher objectives of Islamic law (maqasid syari’ah).  moreover, this study adopts a socio-legal (juridical-sociological) approach, combining normative legal analysis with empirical insights from social behavior and community responses. It explores how rehabilitative sentencing is implemented within Indonesia’s legal framework and assessed through the lens of Islamic criminal law. Indonesian Law No. 35 of 2009 on Narcotics, along with supporting regulations, formally provides mechanisms for rehabilitation. However, sociological findings reveal persistent challenges in practice, including legal stigma, institutional capacity gaps, and public skepticism toward non-custodial measures. Meanwhile, Islamic criminal law, through the taʿzir framework, supports rehabilitation as a form of moral and social correction, rooted in the higher objectives of Islamic law (maqasid syari’ah), particularly the protection of life (hifz al-nafs), intellect (hifz al-‘aql), and public welfare (hifz al-maslahah al-‘ammah). The study concludes that successful implementation of rehabilitative sentencing requires not only regulatory readiness but also societal acceptance and alignment with ethical-legal values grounded in both national and Islamic legal traditions.