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All Journal El-Mashlahah Nusantara: Journal Of Law Studies MILRev: Metro Islamic Law Review
Tetiana Kolomoiets
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Restorative Justice Principles in Banjar Customary Inheritance Disputes: A Normative Analysis of Out-of-Court Settlement Institutions through Adat Badamai Ahmad Sukris; Anwar Hafidzi; Nurul Listiyani; Tetiana Kolomoiets; Afif Khalid
El-Mashlahah Vol 15 No 2 (2025)
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.v15i2.10047

Abstract

Inheritance disputes in Banjar communities continue to increase as families confront controversies over unwritten norms, generational change, and rising land value, creating a growing need for culturally grounded solutions. These disputes reflect a broader trend in Indonesia where communities prefer non-court settlement when judicial rulings risk disrupting social cohesion. Within this plural legal landscape, families must navigate overlapping expectations from customary norms, Islamic law, and state regulations. This study addressed a key gap by examining how restorative justice principles operate within Banjar inheritance practices. Using a qualitative normative method, the research analyzed primary legal materials, documented customary procedures, court decisions, and academic literature. The findings showed that adat badamai integrated restorative values through open dialogue, inclusive deliberation, and relational repair among heirs. The study concluded that adat badamai provides an effective culturally rooted model of restorative justice and recommends stronger legal recognition and enhanced mediator training.
Preventing Corruption in Government Bodies Under the Laws of Muslim and European Countries in the Contemporary Era Tetiana Kolomoiets; Denys Chyzhov; Andriy Osaulenko; Serhii Kushnir; Vyacheslav Krahlevych
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.13201

Abstract

This study examines mechanisms for preventing corruption in contemporary governance through a comparative analysis of Islamic and European legal frameworks. The research aims to identify normative principles, institutional structures, and regulatory approaches that enhance anti-corruption effectiveness in state authorities, highlighting the influence of religious and secular legal norms. A comparative legal method was employed to analyse primary legal sources, institutional models, financial control systems, and sanctioning approaches. In Muslim countries, Sharia principles are integrated with national legislation to regulate anti-corruption measures, as seen in the United Arab Emirates, where strict criminal sanctions for bribery are reinforced by digital control of public services. In contrast, European countries, exemplified by France under the Sapin II Law (2016), implement mandatory corporate compliance programs within a secular legal framework and emphasise institutional transparency and accountability. Statistical indicators, including the Transparency International Corruption Perception Index for 2020–2025, were examined alongside the operational practices of specialised anti-corruption bodies. Findings reveal that the effectiveness of anti-corruption measures depends not only on sanction severity but also on the comprehensiveness of legal regulation, institutional independence, and societal intolerance for corruption. Muslim countries achieve notable results when religious principles are combined with modern management tools, while European countries excel through systematic preventive policies, transparency, and accountability mechanisms. The study highlights both commonalities and divergences between the two legal models and outlines opportunities to adapt selected elements of foreign anti-corruption practices to the Ukrainian context. This comparative approach contributes to the scholarly understanding of how legal, institutional, and cultural factors jointly shape corruption prevention, offering insights for policymakers seeking to strengthen governance frameworks in diverse socio-legal settings.
Legislation on the Use of Artificial Intelligence in European Union Countries Tetiana Kolomoiets; Maryna Velykanova; Marina Kravets; Hanna Blinova; Oleh Posykaliuk
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.233

Abstract

This study analyzes the legislative framework governing the use of artificial intelligence (AI) in the European Union, focusing on patterns of legal convergence and divergence, as well as the governance challenges arising from its implementation. The research aims to examine how the EU constructs a harmonized yet flexible regulatory regime capable of addressing the multifaceted risks of AI while promoting innovation. Methodologically, this study employs a qualitative approach through doctrinal legal analysis and policy review, drawing on primary legal instruments, including the EU AI Act, as well as secondary sources such as policy reports and academic literature. The findings indicate that the EU adopts a risk-based regulatory model that classifies AI systems into low, medium, and high-risk categories. While most AI applications fall into low- or medium-risk categories, high-risk systems—particularly those used in sensitive sectors such as healthcare, justice, employment, and finance—pose significant legal and ethical challenges. The study identifies key risks, including algorithmic bias, data privacy violations, and a lack of transparency, alongside broader concerns about accountability and the protection of fundamental rights. Furthermore, although legal convergence is evident in the establishment of uniform EU standards, divergence persists in national implementation, enforcement practices, and institutional readiness across member states. This study contributes to the existing literature by providing a comprehensive analysis of the interplay between harmonization and fragmentation in EU AI regulation. It also highlights the need for adaptive governance mechanisms that balance regulatory consistency with contextual flexibility. Ultimately, the research underscores that effective AI legislation must strengthen accountability, ensure ethical compliance, and foster public trust, thereby aligning technological development with the core values of the European Union.
Co-Authors Afif Khalid Ahmad Sukris Andriy Osaulenko Anwar Hafidzi Denys Chyzhov Hanna Blinova Marina Kravets Maryna Velykanova Nurul Listiyani Oleh Posykaliuk Serhii Kushnir Vyacheslav Krahlevych