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All Journal Al-Istinbath: Jurnal Hukum Islam JLASA (Journal of Law and State Administration)
Septiana Rachman, Evy
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Religion Humanities Law, Crime, Criminology & Criminal Justice

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Law from the Perspective of Human Rights Protection in Indonesia Septiana Rachman, Evy
JLASA (Journal of Law and State Administration) Vol. 2 No. 1 (2024): JLASA (Journal of Law and State Administration)
Publisher : YHMM PUBLISHING

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56327/jlasa.v2i1.130

Abstract

As an instrument for regulating activities in cyberspace, the most fundamental threat to freedom of expression-currently-on the internet in Indonesia comes from Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). This article analyzes how the 2016 ITE Law still and continues to cause problems that violate the principles of freedom of expression and human rights. The research results show that this law still has the potential to suppress and limit the right to freedom of expression and silence criticism. This law causes the public to remain silent about the existing socio-political conditions for fear of being seen as insulting or defaming their good name and thus being sentenced to prison. Therefore, the need to improve several articles becomes very important. In Indonesia, it is also urgent to establish an independent regulatory body that has the authority to explain and limit the regulation of content on the Internet based on human rights principles.
Legal Pluralism and the Transformation of Islamic Inheritance Law: A Study of Sasak Customary Practices in Indonesia Yusmita, Yusmita; Sitorus, Iwan Romadhan; Shesa, Laras; Septiana Rachman, Evy; Lumatus Sa'adah, Sri
AL-ISTINBATH : Jurnal Hukum Islam Vol 10 No 2 (2025)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v10i2.12500

Abstract

This study examines the dynamics of legal pluralism and the transformation of Islamic inheritance law within the indigenous Sasak community of Indonesia. Its primary objective is to explore how the deeply entrenched patrilineal tradition, which privileges sons in the transmission of land and core family assets, interacts with the proportional distribution mandated by Islamic inheritance law (farā’iḍ), a system that explicitly recognizes the rights of female heirs. Employing a qualitative approach rooted in socio-legal empiricism, the research draws on in-depth interviews with customary leaders, Sasak community members, and scholars of Islamic jurisprudence, complemented by documentary analysis of national legal instruments and classical fiqh literature. Findings reveal that, although patrilineal practice remains predominant, a discernible shift in values is underway toward greater adherence to Islamic inheritance principles, particularly among younger generations and families with higher educational attainment. Socio-economic change, modernization, and growing awareness of gender justice have collectively fuelled this transformation, even as resistance persists among traditional elders who regard patrilineal inheritance as an indispensable marker of cultural identity. The study concludes that these developments exemplify the inherent dynamism of Islamic law through processes of renewal (tajdīd) and selective adaptation (takhayyur). Achieving a just, gender-inclusive inheritance system with broad social legitimacy in the Indonesian context ultimately requires thoughtful harmonization among Islamic inheritance norms, local customary traditions, and the national legal framework.
Co-Authors Lumatus Sa'adah, Sri Shesa, Laras Sitorus, Iwan Romadhan Yusmita, Yusmita