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All Journal Pena Justisia: Media Komunikasi dan Kajian Hukum DIKTUM: JURNAL SYARIAH DAN HUKUM
Kristinawati, Adjeng
Unknown Affiliation
Humanities Law, Crime, Criminology & Criminal Justice

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Diversity and Adaptation of Islamic Law in Indonesia: Pathways to Integration Kristinawati, Adjeng; Noviati Sri Racha; Neneng Nurhasanah
DIKTUM: Jurnal Syariah dan Hukum Vol 24 No 1 (2026): DIKTUM: Jurnal Syariah dan Hukum (Inpress)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i1.14208

Abstract

Background: The development of Islamic law in Indonesia reflects a complex trajectory shaped by historical encounters, colonial interventions, and post-independence reforms. Its position within a plural legal system—where Islamic law coexists with state law and customary law—demonstrates both continuity and adaptation. Purpose: This study seeks to analyze how Islamic Diversity, influenced by cultural, organizational, and socio-political factors, shapes the pathways of Islamic law’s adaptation and integration in Indonesia’s national legal framework. Methods: The research applies a normative legal approach that combines historical, conceptual, and statutory analysis. Primary sources include statutory regulations and legal documents, supported by secondary materials such as scholarly literature, while tertiary sources provide definitional and contextual support. Data are analyzed qualitatively to assess the meaning and implications of legal developments. Findings: The findings reveal that Islamic law has gradually transformed from marginalization under colonial rule to significant recognition within national law through instruments such as the 1974 Marriage Law, the Compilation of Islamic Law, and Aceh’s Qanun. Ongoing debates—such as interfaith inheritance—illustrate the continuing challenges of legal pluralism and the necessity of contextual interpretation . Theoretical and Practical Implications: the study enriches scholarship on legal pluralism by demonstrating Indonesia’s unique model of integration. Practically, it highlights the maqāṣid al-sharīʿah approach as a normative tool to ensure justice, inclusivity, and responsiveness in policy and legal reform Originality/Novelty: This research contributes by integrating historical, normative, and sociological perspectives to show how Islamic Diversity can serve as a foundation for inclusive legal pluralism and sustainable legal reform in Indonesia
Human Rights Protection In The Distribution Of Humanitarian Aid To War Refugees kristinawati, adjeng; Nandang Sambas; Neni Ruhaeni
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6255

Abstract

The war in Syria has caused a major humanitarian crisis, causing millions of civilians to flee to various countries, especially in the Middle East. This condition demands a fast, equitable, and effective distribution of humanitarian aid. In the distribution process, the protection of human rights (HAM) is crucial so that all refugees gain access to aid fairly and without discrimination. This study aims to analyze the implementation of human rights protection in the distribution of humanitarian aid for Syrian refugees and identify the challenges faced. The method used is a normative and empirical legal approach with a case study in Jordan, a country with many Syrian refugees, and a strategic point for the distribution of international aid. Data were obtained from an analysis of global and national refugee law and the results of interviews and observations in the field. The findings show that although there are international legal instruments such as the 1949 Geneva Convention, Additional Protocols, and the UN Charter, their implementation in the field is still weak. Discrimination in access to aid, lack of transparency, and exploitation of vulnerable groups such as women and children were found. In addition, dependence on international organizations and weak coordination between humanitarian actors hamper distribution effectiveness. Strengthening monitoring mechanisms, increased coordination, and human rights-based policies are needed to make aid distribution more inclusive and equitable.
Co-Authors Hery Widijanto Nandang Sambas Neni Ruhaeni Noviati Sri Racha