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All Journal Istinbath: Jurnal Hukum dan Ekonomi Islam TATOHI: Jurnal Ilmu Hukum Indonesian Journal of Shariah and Justice
Vitalia, Filda
Unknown Affiliation
Religion Arts Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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LEGAL OPPORTUNITIES AND CHALLENGES IN INDONESIA’S SHARIA ECONOMY POST COVID-19: A FOCUS ON DIGITALISATION AND REGULATION Febrianty, Yenny; Vitalia, Filda; Arzuna, Pit; Ode, Haruni
istinbath Vol. 24 No. 1 (2025): June
Publisher : Universitas Islam Negeri Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20414/ijhi.v24i1.958

Abstract

This study aims to analyse the implementation of the sharia economy in post-pandemic Indonesia by highlighting the opportunities and legal challenges faced. The main focus of this study is on aspects of legal certainty, regulatory effectiveness, and policy adaptation to the development of Islamic economic digitalisation. The study also discussed the impact of the COVID-19 pandemic on the Islamic financial sector and the halal industry as well as recovery measures that have been implemented by the government and related authorities. The method used in this study is a normative legal research method with a statutory approach (statute approach) and a conceptual approach (conceptual approach). A study was done on several Sharia economic laws, such as Law No. 21 of 2008 on Sharia banking, Law No. 33 of 2014 on Halal Product Guarantee, and fatwas issued by the National Sharia Council of the Indonesian Ulema Council (DSN-MUI). In addition, this study also examines the principles of Islamic economics and how they are applied in the national legal system. The results showed that although the Islamic economy experienced positive growth after the pandemic, there are still various challenges, especially in the aspects of regulatory harmonisation, legal protection for businesses and consumers, and strengthening digital infrastructure in the Islamic financial ecosystem. Sharia Fintech is one of the fastest-growing sectors, but its regulation is still in the adjustment stage to remain in accordance with Sharia principles. Sharia financial literacy is still low among the public, which is also an inhibiting factor in optimising this sector. Digitalisation and innovation of Islamic finance must be balanced with regulations that provide legal certainty and protection for all parties. In addition, increasing Islamic financial literacy is an important aspect of strengthening an inclusive and competitive Islamic economic ecosystem at the global level.
Dissecting the Differences between Crown Witnesses and Justice Collaborators Munawar, Kukun Abdul Syakur; Vitalia, Filda
TATOHI: Jurnal Ilmu Hukum Volume 5 Issue 8, October 2025
Publisher : Faculty of Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/tatohi.v5i8.3304

Abstract

Introduction: This paper thoroughly examines the conceptual and legal distinctions between crown witnesses and justice collaborators within the Indonesian criminal law framework, as well as their ramifications for the concepts of fair trial and the human rights of defendants.Purposes of the Research: This paper aims to thoroughly analyze the legal status, normative foundation, and implications of using these two groups of witnesses within the framework of procedural justice for defendants.Methods of the Research: This research employs normative legal methodologies, utilizing an analytical approach to positive law, Supreme Court jurisprudence, and relevant human rights concepts.Findings of the Research: The research indicates that the crown witness, stemming from prosecution case-splitting, often violates the principle of non-self-incrimination and undermines the rights of the accused. Conversely, justice collaborators, governed by Supreme Court Circular Letter Number 4 of 2011, adhere to due process of law by voluntary collaboration and a precise legislative framework. The study's novelty is in its comparative analysis that distinctly differentiates these two often-confused processes by including doctrinal interpretation and human rights views. This study addresses a deficiency in previous research, which has seldom investigated their normative convergence, and advocates for a more cohesive, rights-based framework for managing offenders within Indonesia's criminal justice system.
RESACRALIZATION OF CHILD CUSTODY AFTER DIVORCE IN ISLAMIC FAMILY LAW: BETWEEN THE PRINCIPLE OF MAṢLAḤAH AND THE CO-PARENTING TREND Suharto, Mukhamad; Abdul Syakur Munawar, Kukun; Vitalia, Filda; Ilham, Muhammad Sadiq
Indonesian Journal of Shariah and Justice Vol. 5 No. 2 (2025)
Publisher : Program Studi Hukum Keluarga dan Hukum Ekonomi Syariah, Program Pascasarjana Institut Agama Islam Negeri (IAIN) Ternate

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46339/ijsj.v5i2.207

Abstract

This article examines the resacralization of child custody (ḥaḍānah) in Islamic family law post-divorce, employing the principle of maṣlaḥah and the emerging global trend of co-parenting as complementary frameworks for reconstructing parental relations beyond marital dissolution. Classical Islamic jurisprudence tends to determine custody based on rigid biological and procedural norms, whereas contemporary social contexts increasingly acknowledge a child’s psychosocial and spiritual need for the presence of both parents. This study aims to explore how maṣlaḥah can serve as a normative basis to reformulate custody law in a child-centered and context-responsive manner, and to assess the potential incorporation of co-parenting within the Islamic legal system in Indonesia. Using a qualitative normative approach and analyses of religious court decisions, the findings suggest that restoring the sacred dimension of post-divorce parenting promotes not only spiritual values, but also expands justice for children. This research contributes to the development of progressive Islamic family law that prioritizes child welfare within both religious and legal paradigms.
Co-Authors Abdul Syakur Munawar, Kukun Arzuna, Pit Haruni Ode Ilham, Muhammad Sadiq Munawar, Kukun Abdul Syakur Suharto, Mukhamad Yenny Febrianty