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All Journal JURNAL HUKUM El-Mashlahah Pembaharuan Hukum Law Development Journal
Ahmed Kheir Osman
Somali National University
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Legal Security in Electronic Transactions to Protect Freedom of Speech: The Concept of Forming Legislation on Electronic Transactions Muhammad Junaidi; Hendro Widodo; Ahmed Kheir Osman
Jurnal Hukum Vol 40, No 2 (2024): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jh.v40i2.38101

Abstract

The main objective of this study is to conduct a comprehensive study of the rules in criminalization which is one of the last alternatives in the law enforcement process. The Law on the Formation of Legislation in Indonesia provides Limitations of norms for violations of each legal norm formed does not violate human rights. The method used in this study was a sociological legal approach. The results of the study indicate that the norms contained in the Electronic Transaction Law in Indonesia should be a tool for law enforcers to carry out social engineering which is not a means to legalize the interests of power in Indonesia. This finding highlights the need to change the law as a constructive social engineering tool, and not as a mechanism to serve personal interests. Strengthening general provisions and clarifying norms is essential to prevent and prioritize the protection of freedoms interpreted as fundamental human rights. This study underlines the importance of aligning law enforcement with democratic values in the digital era.
Legal Protection for Indonesian Informal Migrant Workers: Substantive and Comparative Justice Dwi Arie Isdiyanto; Zainal Arifin Hoesein; Ahmed Kheir Osman
Jurnal Pembaharuan Hukum Vol 13, No 1 (2026): Jurnal pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v13i1.48867

Abstract

This study analyzes the alignment of legal protection frameworks for informal migrant workers between Indonesia and destination countries and evaluates the effectiveness of government diplomacy and institutional roles in ensuring substantive and comparative justice. This research uses a normative juridical method with a comparative approach through a review of regulatory literature, institutional documents, and academic works. The analysis shows that Indonesia has relatively strong de jure protection; however, its de facto implementation remains weak due to differences in legal systems, inadequate oversight, unprocedural placement practices, and the kafala system. Malaysia and Singapore also exhibit regulatory limitations. Therefore, the protection of informal migrant workers requires harmonization of international law, strengthening of bilateral agreements, and optimization of diplomatic and institutional capacity to achieve sustainable substantive justice.
Rehabilitative Sentencing for Narcotics Addicts within the Framework of National Law and Maqasid Syari’ah Andri Winjaya Laksana; 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.
Ideal Formulation for Strengthening Mediation in Civil Dispute Resolution in Indonesia Danial Syah; Herlina Hanum Harahap; Andri Winjaya Laksana; Ahmed Kheir Osman
Law Development Journal Vol 8, No 2 (2026): June 2026
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.8.2.1108-1118

Abstract

Mediation as an alternative mechanism for resolving civil disputes in Indonesia still faces various challenges, despite having a strong legal foundation through Supreme Court Regulation (PERMA) Number 1 of 2016. This research analyzes the juridical, cultural, structural, and substantial aspects of civil dispute mediation and formulates an ideal model for strengthening its regulatory and institutional framework. The purpose of this study is to examine the legal basis, identify factors contributing to the low success rate, and propose an ideal formulation to strengthen mediation in civil dispute resolution in Indonesia. This research employs a doctrinal (normative legal) method and relies on secondary data obtained from literature sources. The findings indicate that mediation in civil dispute resolution in Indonesia has had a strong legal foundation since Article 130 of the Herzien Inlandsch Reglement (HIR) and has been reinforced through various Supreme Court regulations, including PERMA Number 1 of 2016. The low success rate of civil mediation in Indonesia is caused by a legal culture that prioritizes litigation, the uneven distribution of certified mediators, and the weak enforcement of sanctions under PERMA Number 1 of 2016 for parties acting in bad faith. The ideal formulation for strengthening mediation in Indonesia emphasizes revising PERMA Number 1 of 2016 to impose clearer and stricter sanctions for bad faith conduct, enhancing mediator capacity and public legal awareness, and optimizing electronic mediation (e-mediation) through PERMA Number 3 of 2022 to achieve an efficient, modern, and just dispute resolution system.
Co-Authors Ahmed Rabie Hassan Alwan Hadiyanto Andri Winjaya Laksana Danial Syah Dwi Arie Isdiyanto Hendro Widodo Herlina Hanum Harahap Ida Musofiana Muhammad Junaidi Zainal Arifin Hoesein