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All Journal Novum : Jurnal Hukum PATTIMURA Legal Journal Borneo : Journal of Islamic Studies Kanun: Jurnal Ilmu Hukum Journal of Law and Legal Reform Jurnal Dinamika Hukum Indonesian Journal of Advocacy and Legal Services
Ezzerouali, Souad Ahmed
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Religion Law, Crime, Criminology & Criminal Justice

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LEGAL PLURALISM AND TEXTUALISM: CONTRASTING APPROACHES TO ISLAMIC INHERITANCE LAW IN INDONESIA AND OMAN Taufiq, Taufiq; Kunantiyorini, Anik; Soeharto, Achmad; Wibowo, Dwi Edi; Ezzerouali, Souad Ahmed
Kanun Jurnal Ilmu Hukum Vol 27, No 2: August 2025: Islam and Justice development in Indonesia
Publisher : Universitas Syiah Kuala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24815/kanun.v27i2.47546

Abstract

Islamic inheritance law highlights diverse approaches to its interpretation and implementation in Muslim-majority countries such as Indonesia and Oman. These differences arise from a legal gap between the universal principles outlined in the Qur'an and their application within national legal frameworks. In Indonesia, Islamic inheritance law functions within a pluralistic legal system, whereas in Oman, Sharia principles serve as the primary and integral foundation of the judiciary. This article examines how the foundational philosophy of Islamic inheritance law is understood and applied in Indonesia and Oman, two countries with contrasting legal systems, to identify both normative and practical challenges, as well as the implications of these differences for future legal development. Employing a normative and comparative legal approach, the study reviews relevant legislation, fatwas, and court decisions in both countries, alongside an analysis of classical and contemporary Islamic jurisprudence. The findings indicate that Indonesia adopts a conciliatory approach, balancing religious norms with modern social needs, while Oman tends to adhere to a more literal and textual interpretation of inheritance law. These differences reflect the dynamic nature of Islamic inheritance law philosophy in responding to each country's unique social, cultural, and political contexts. This contributes to the ongoing discourse on developing an adaptive and context-sensitive understanding of Islamic inheritance law within various national legal systems.
Geographical Indications and Trademarks Protection: Empowering MSMEs Through Advocacy, Legal Services in Indonesia, Oman, Philippines Kurniawan, I Gede Agus; Gorda, Anak Agung Ayu Ngurah Sri Rahayu; Ezzerouali, Souad Ahmed; Tee-anastacio, Princess Alyssa; Sutrisni, Ketut Elly
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 2 (2025): Contemporary Issues on Advocacy and Legal Services
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i2.29961

Abstract

The protection of geographical indications (GIs) and trademarks represents a crucial instrument within intellectual property law, serving not only as a mechanism of legal protection but also as a means of economic empowerment, particularly for micro, small, and medium enterprises (MSMEs). Nevertheless, the effectiveness of such protection is often constrained by limited access to legal services and advocacy. This study aims to analyze the ideal legal framework for the protection of GIs and trademarks in Indonesia, the Philippines, and Oman, emphasizing the importance of integrating legal services and advocacy to strengthen MSME empowerment. The research employs a normative juridical approach combined with comparative analysis, examining statutory provisions, institutional practices, and the legal cultures of each country. The findings reveal that the Philippines has developed a relatively ideal framework through the active role of the Intellectual Property Office of the Philippines (IPOPHL), which implements the IP Academy, Innovation and Technology Support Offices (ITSO), and the affirmative Juana Make a Mark initiative. By contrast, Indonesia and Oman continue to face challenges, as their regulatory structures remain heavily focused on administrative procedures without explicit provisions on legal advocacy. This study contributes by highlighting the necessity of embedding legal advocacy within substantive regulations and institutionalizing MSME support programs as a state obligation. It concludes that the protection of GIs and trademarks will be more effective if supported by structured and sustainable legal advocacy mechanisms. The key recommendation is for Indonesia and Oman to adopt the Philippines’ best practices, particularly the integration of advocacy and legal services into formal regulations, thereby strengthening MSME empowerment through the protection of geographical indications and trademarks.
Rethinking Legal Validity and Contractual Structures of Shariah-Compliant Credit Cards: A Study on DSN-MUI Fatwa Alfarisi, Muhammad Adib; Suhedi, Suhedi; Ezzerouali, Souad Ahmed; Andrianti, Dyah
Borneo : Journal of Islamic Studies Vol. 6 No. 1 (2025): BORNEO: Journal of Islamic Studies
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/borneo.v6i1.4321

Abstract

The rapid evolution of Islamic financial products has raised critical questions about the legal validity and practical enforceability of Sharia credit cards within Indonesia’s dual legal system. This study seeks to rethink the legal validity of Sharia credit cards by moving beyond the fiqh-based legitimacy of Fatwa No. 54/DSN-MUI/X/2006 to examine their implementation under Indonesia’s positive law, regulatory oversight, and the objectives of maqāṣid al-sharī‘ah. Employing a qualitative legal content analysis, the research identifies six potentially relevant contracts kafālah, wakālah, ḥawālah, murābaḥah, qardh, and ijārah and critically assesses why the DSN-MUI ultimately operationalized only three: qardh, kafālah, and ijārah. The study argues that this tri-contract structure provides normative coherence but remains legally contingent on its harmonization with the Otoritas Jasa Keuangan (OJK) and Bank Indonesia (BI) regulations governing multi-contract products. Findings reveal that while the fatwa aligns with maqāṣid al-sharī‘ah protecting wealth (ḥifẓ al-māl) and promoting justice (‘adl) by eliminating riba its enforceability under civil contract law, particularly regarding ta‘wīḍ (compensation) and gharāmah (late penalty), remains ambiguous. Comparative insights from Malaysia and the Middle East underscore the need for a regulatory framework that integrates fatwa-based legality within codified financial law. Consequently, this “rethinking” offers a new analytical framework normative, structural, and positive legal validity to bridge the gap between Sharī‘ah doctrine and enforceable Islamic financial governance in Indonesia.
Advocating for Excellence: Legal Strategies in Shaping Higher Education as a World-Class Research and Education Hub (Case of Indonesia, Oman, and United Arab Emirates) Riyanto, R Benny; Fibrianti, Nurul; Irawaty, Irawaty; Ezzerouali, Souad Ahmed; Sarhan, Adnan Ibrahim
Indonesian Journal of Advocacy and Legal Services Vol. 7 No. 2 (2025): Contemporary Issues on Advocacy and Legal Services
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijals.v7i2.35080

Abstract

This paper explores the role of legal strategies and advocacy in shaping higher education institutions into world-class research and education hubs, with a comparative focus on Universitas Negeri Semarang (UNNES) in Indonesia, Dhofar University in Oman, and the University of Sharjah in the United Arab Emirates. Central to this analysis is the development of Centers of Excellence (CoEs) as catalysts for academic innovation, international collaboration, and institutional prestige. The study investigates how legal frameworks—ranging from national laws to internal university policies—facilitate or hinder the strategic growth of CoEs in each context. It highlights how legal advocacy can drive policy reform, secure essential resources, safeguard intellectual property, and promote academic freedom and international accreditation. By examining case studies from the three institutions, the paper underscores the importance of legal professionals not only as compliance officers but as key actors in institutional transformation. Ultimately, the research demonstrates that a robust, forward-thinking legal strategy is essential to advancing the global aspirations of universities in emerging knowledge economies.
Political Interests Versus the Supremacy of Law: A Critical Review of Constitutional Law Regarding the Abolition of Tom Lembong and Amnesty for Hasto Kristiyanto Amin, Fakhry; Ezzerouali, Souad Ahmed
PATTIMURA Legal Journal Vol 4 No 3 (2025): December 2025 PATTIMURA Legal Journal
Publisher : Postgraduate Program Doctoral in Law, Universitas Pattimura

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47268/pela.v4i3.21292

Abstract

Introduction: The President's authority to grant amnesty and abolition is a constitutional prerogative that provides flexibility in resolving legal issues with political and social implications, such as reconciliation and conflict resolution. Purposes of the Research: This research aims to provide a critical analysis regarding the granting of amnesty to Hasto Kristiyanto and the abolition granted to Tom Lembong from the perspective of constitutional law. Methods of the Research: This research is a normative legal study with a conceptual and legislative approach. Results Main Findings of the Research: The constitutional authority of the President to grant amnesty and abolition is a prerogative right that provides flexibility and special power to resolve legal issues related to political and social dimensions, such as reconciliation and conflict resolution. The case of granting amnesty to Hasto Kristiyanto and abolition to Tom Lembong has sparked a debate about the balance between the supremacy of law and political interests, where the decision has the potential to mature the subordination of law to political interests, thus demanding transparency and accountability so that the President's prerogative is not misused for short-term political gain. Therefore, a checks and balances mechanism involving the House of Representatives and high transparency must be implemented so that the President's authority can be exercised in an accountable manner and in favor of the people's interests as a whole.
Election Supervisory Board as the Constitutional Watchdog: Ensuring Human Rights and Electoral Neutrality in Indonesia Tinambunan, Wahyu Donri; Nurdin, Maharani; Silalahi, Adi Kristian; Ezzerouali, Souad Ahmed
Jurnal Dinamika Hukum Vol 25 No 3 (2025)
Publisher : Faculty of Law Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2025.25.3.16582

Abstract

The integrity of Indonesia’s democratic elections depends on the impartial enforcement of electoral laws and the protection of citizens’ political rights. The Election Supervisory Board (Bawaslu), although not explicitly established in the Constitution, serves as a key institution mandated by statutory law to oversee electoral neutrality and protect the fairness of electoral processes. Its supervisory mandate intersects with broader constitutional principles and human rights norms, particularly in addressing violations of political neutrality by state officials and safeguarding the right to political participation. This study aims to critically analyze the extent to which Bawaslu incorporates constitutional oversight and human rights considerations into its supervisory practices and how these frameworks influence its effectiveness. Using a normative legal research method with statutory, conceptual, and comparative approaches, the study evaluates national legal instruments, Bawaslu regulations, and selected case studies. Findings indicate that Bawaslu’s oversight capacity is constrained by gaps in legal clarity, inconsistent inter-institutional coordination, and the absence of explicit constitutional grounding for its human rights obligations. Strengthening its institutional independence, refining the legal framework, and aligning domestic electoral oversight with international human rights standards are crucial steps for enhancing both electoral integrity and political neutrality. Beyond the Indonesian context, this study contributes to the global discourse on the role of non-constitutional electoral oversight bodies in consolidating democratic governance, offering comparative insights relevant to emerging democracies worldwide.
Ius Constituendum Regulation of Gambling in Indonesia: A Perspective of the Philosophy of Law Volkgeist Friedrich Carl von Savigny Faisol; Akbar, Rizky; Ezzerouali, Souad Ahmed
NOVUM : JURNAL HUKUM Vol. 11 No. 02 (2024): Novum : Jurnal Hukum
Publisher : Universitas Negeri Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.2674/novum.v11i02.72401

Abstract

This article discusses the phenomenon of gambling in Indonesia from the perspective of the Volkgeist legal philosophy of Friedrich Carl von Savigny, which asserts that law is not merely a product of formal legislation, but rather an expression of the collective spirit of a society living within local traditions and culture. Although gambling is prohibited in positive law, traditional gambling practices that are ingrained in the cultural identity of various ethnic groups indicate a tension between formal law and customary law rooted in the Volkgeist. Therefore, law enforcement against gambling needs to accommodate cultural values and local wisdom so that legal policies can be accepted and effective, as well as and maintain social harmonysocial harmony can be maintained. Future gambling regulations should be based on the understanding that the law reflects the collective spirit of society, with an approach that integrates formal legal aspects and respect for tradition, supported by cross-institutional collaboration and public education to effectively combat online gamblingto combat online gambling effectively. This holistic approach is expected to create a balance betweenbalance the supremacy of law and the preservation oflaw supremacy and preserve local values for sustainable justice and social order in Indonesia.
Legal Protection and Certainty of Land Ownership in Post-Disaster Recovery: Evidence from Indonesia, Spain, and Oman Maisa, Maisa; Nafri , Muh; Amri, Amriana; Alejandro, Sergi Fernandez; Ezzerouali, Souad Ahmed
Journal of Law and Legal Reform Vol. 7 No. 1 (2026): January, 2026
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v7i1.19431

Abstract

This study investigates the legal protection and certainty of land ownership in post-disaster recovery, with a comparative focus on Indonesia, Spain, and Oman. It particularly examines the aftermath of the 2018 earthquake, tsunami, and liquefaction in Central Sulawesi, Indonesia, and contrasts it with recovery efforts in Spain and Oman. Using a descriptive empirical legal approach, the study explores the legal protections for disaster victims, the restoration of land ownership, and challenges in rebuilding. In Indonesia, the 2018 disaster in Petobo Village is analyzed through Governor Regulation No. 10 of 2019, which governs post-disaster rehabilitation and reconstruction. The law stipulates the rights to land restitution and housing reconstruction; however, delays in permanent housing construction have hindered the realization of victims’ rights. In Spain, the recovery from the 2011 earthquake in Lorca is examined under the Royal Decree 307/2005, which regulates compensation for victims of natural disasters. Despite the law’s aim to safeguard land rights and accelerate recovery, significant delays occurred in land restitution and compensation for affected property owners. In Oman, the Land Expropriation Law (Royal Decree No. 6/2008) and Cyclone Gonu Recovery Law provide mechanisms for land distribution and compensation, but challenges arose due to incomplete property registration and inconsistent enforcement, which delayed recovery efforts. By comparing these legal frameworks, the study highlights the differences in land governance and proposes recommendations for strengthening legal protections and ensuring faster, more efficient recovery in post-disaster contexts.
Co-Authors Achmad Soeharto Akbar, Rizky Alejandro, Sergi Fernandez Alfarisi, Muhammad Adib Amin, Fakhry Amri, Amriana Andrianti, Dyah Anik Kunantiyorini Dwi Edi Wibowo Faisol Gorda, A.A.A. Ngr Sri Rahayu I Gede Agus Kurniawan Irawaty Irawaty Maisa Maisa, Maisa Nafri , Muh Ni Ketut Elly Sutrisni, Ni Ketut Elly Nurdin, Maharani Nurul Fibrianti Riyanto, R Benny Sarhan, Adnan Ibrahim Silalahi, Adi Kristian Suhedi, Suhedi Taufiq Taufiq Tee-anastacio, Princess Alyssa Tinambunan, Wahyu Donri