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Legal Reform Perspectives on the Protection of Wives in Unregistered Marriages Pramidazzura Alifa Rifqi; Samsidar; Zulfiani
Ipso Jure Vol. 2 No. 12 (2026): Ipso Jure - January
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/25x2dw27

Unregistered marriage remains a prevalent practice in Indonesia and poses serious legal vulnerabilities for wives. Although Indonesian marriage law emphasizes compulsory registration to ensure legal order, it fails to provide substantive legal protection for wives when registration is not fulfilled. This normative gap places wives in unregistered marriages in a legally precarious position, depriving them of legal recognition, civil rights, and effective protection. This study employs a normative juridical method with statute, conceptual, and case approaches to analyze the weaknesses of legal protection for wives in unregistered marriages and to formulate legal reform perspectives. The findings indicate that the current legal framework prioritizes administrative legality over substantive justice, resulting in gender-based legal inequality. The absence of alternative protection mechanisms reinforces structural vulnerability and limits access to justice for wives. Therefore, legal reform is required to shift from a purely legal-formal paradigm toward substantive protection by recognizing and safeguarding certain civil rights of wives regardless of registration status. Strengthening the role of religious courts and integrating human rights and gender equality perspectives are essential to ensure fair and effective legal protection. Such reforms are necessary to align marriage law with constitutional guarantees of legal certainty, protection, and justice.

Corporate Social Responsibility (CSR) as an Instrument of Economic Justice Berilian Ayu Kusuma; Sri Wahyuni Jumadi; Pramidazzura Alifa Rifqi
Nomico Vol. 2 No. 9 (2025): Nomico - October
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/3znftz38

This study examines Corporate Social Responsibility (CSR) as a strategic instrument for achieving economic justice in the context of global corporate transformation. The research adopts a qualitative descriptive approach focusing on the economic institutional framework to analyze how CSR contributes to redistributive mechanisms, economic empowerment, and inclusive growth. Data were collected through semi-structured interviews with CSR managers from multinational companies in the energy, mining, and manufacturing sectors, complemented by secondary data from sustainability reports and global policy documents such as those by the OECD, UNDP, and GRI. The findings reveal that CSR has shifted from philanthropic activities toward a strategic economic mechanism capable of reducing inequality and fostering social inclusion. Firms that integrate CSR into their core economic strategy exhibit higher levels of supply chain resilience, stakeholder trust, and community welfare. The study also highlights that empowerment-based CSR programs, particularly those supporting local entrepreneurship and inclusive digitalization, significantly improve community income and business performance. Furthermore, CSR is found to drive long-term corporate transformation through sustainability-oriented innovation and stakeholder capitalism, aligning business profitability with distributive justice and institutional resilience. In conclusion, CSR functions not only as a moral obligation but also as a redistributive economic policy tool essential for achieving sustainable and equitable growth in the global economy.

Gender and Justice in Islamic Family Law: A Critical Analysis of Contemporary Discourse Pramidazzura Alifa Rifqi
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0f1dzj81

This article critically examines contemporary discourse on gender and justice in Islamic family law, focusing on the structural causes of persistent gender inequality within legally enforced family norms. Although Islamic law is normatively grounded in principles of justice and moral equality, prevailing interpretations of family law often reproduce patriarchal power relations through doctrines governing marriage, divorce, inheritance, and guardianship. This study identifies three core legal problems: normative ambiguity in defining gender justice within Islamic legal sources, interpretive dominance of formalistic classical fiqh over justice-oriented reasoning, and institutional resistance to gender-equitable reinterpretation. Employing a normative juridical method with statute, conceptual, and case approaches, the article analyzes codified Islamic family law, contemporary hermeneutical debates, and patterns of judicial reasoning. The analysis demonstrates that gender injustice persists not due to doctrinal necessity, but because ethical objectives of Islamic law are subordinated to hierarchical interpretive authority. This article argues for a prescriptive reconstruction of Islamic family law grounded in maqāṣid al-sharīʿah, emphasizing substantive justice rather than formal equality. It proposes recalibrating interpretive authority, reforming codified norms, and adopting gender-sensitive legal reasoning to restore the legitimacy and moral coherence of Islamic family law in contemporary societies.

Islamic Criminal Law in Contemporary Academic Discourse: Conceptual and Implementation Challenges Pramidazzura Alifa Rifqi
Journal of Nafaqah Vol. 2 No. 2 (2025): JON-DECEMBER
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/7qsmxd57

Islamic criminal law remains one of the most contested areas within contemporary legal and academic discourse, particularly regarding its conceptual foundations and feasibility of implementation in modern legal systems. This article examines the conceptual ambiguity and structural challenges surrounding Islamic criminal law by employing a normative juridical approach with statute, conceptual, and case analyses. The study finds that contemporary debates frequently reduce Islamic criminal law to its punitive dimensions, neglecting its jurisprudential foundations rooted in ethical objectives, interpretive reasoning, and procedural restraint. Such reductionism contributes to fragmented academic discourse and directly influences implementation failures in modern state systems. Experiences from jurisdictions such as Aceh and Malaysia demonstrate that the incorporation of Islamic criminal law without methodological adaptation generates legal inconsistency, selective enforcement, and normative conflict. This article argues that the crisis of Islamic criminal law is fundamentally methodological rather than doctrinal. It proposes a prescriptive reconstruction framework grounded in maqāṣid al-sharīʿah, contextual ijtihād, and restorative justice principles to reconcile Islamic criminal law with contemporary legal standards. By repositioning Islamic criminal law as a dynamic and ethically grounded legal tradition, this study contributes to a more coherent and sustainable model of criminal justice reform

The Political Life of Civil Law: How Power Shapes Private Legal Relations Pramidazzura Alifa Rifqi
Leges Privatae Vol. 2 No. 4 (2025): DECEMBER-JOY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/jkj62q88

Civil law is doctrinally positioned as a neutral legal domain governing private relations among legal subjects. In practice, however, the formation and application of civil law are inseparable from political, economic, and institutional power relations. Legislative interventions, state policies, and judicial decisions demonstrate that civil law operates as an instrument of legal policy through which public interests are articulated and enforced within private legal relations. This article examines the political dimension of civil law and its juridical implications for private autonomy in the Indonesian legal system. Employing normative legal research with statute, conceptual, and case approaches, the study identifies normative ambiguity in positive law concerning the limits of state power over private relations, the legitimacy of using civil law as a policy tool, and the criteria for restricting private autonomy on public interest grounds. The analysis shows that such ambiguity undermines legal certainty, reduces autonomy of will, and creates the risk of unaccountable state intervention. This article argues for a normative reconstruction that treats private autonomy as a conditional principle subject to proportionate, transparent, and accountable state intervention, in order to balance individual protection with public objectives within civil law.

Governing through Penal Policy: Criminal Law and State Control Mechanisms Henny Saida Flora; Pramidazzura Alifa Rifqi
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/k0n6rc71

Contemporary criminal law increasingly functions not only as an instrument for addressing crime but also as a mechanism of state control. The phenomenon of governing through penal policy reflects a shift in the role of criminal law from ultimum remedium toward a regulatory tool used to manage social behavior and political stability. This article examines the normative ambiguity surrounding the legitimacy of penal policy as a means of governance and its implications for the rule of law and human rights protection. Employing a normative juridical approach with critical and prescriptive analysis, the study reveals that the expansion of criminalization often lacks clear normative parameters, leading to overcriminalization, erosion of civil liberties, and legal uncertainty. Such developments risk undermining the legitimacy of criminal law and transforming it into an instrument of power rather than justice. The article argues for the necessity of normative limits on penal policy through the reaffirmation of the ultimum remedium principle, proportionality, and constitutional review mechanisms to safeguard democratic legal order and human rights.

Screenshots, Chats, and Voice Notes: Rethinking Evidence in Criminal Trials Pramidazzura Alifa Rifqi; Samsidar; Harly Clifford Jonas Salmon
Journal of Strafvordering Indonesian Vol. 2 No. 6 (2026): JOSI - JANUARY
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/0hb7ee97

The increasing reliance on screenshots, chats, and voice notes in Indonesian criminal proceedings reflects a significant shift in evidentiary practices driven by digital communication technologies. However, this development has not been followed by adequate normative adaptation within criminal procedural law. Article 184 of the Criminal Procedure Code does not explicitly accommodate micro-digital evidence, while the Electronic Information and Transactions Law merely provides general recognition without specifying procedural standards for authentication and evidentiary weight. This condition creates normative ambiguity regarding the legal status, admissibility, and probative value of screenshots, chats, and voice notes, resulting in inconsistent judicial practices and potential violations of fair trial principles. This study employs normative legal research using statute, conceptual, and case approaches to analyze the position of micro-digital evidence in Indonesian criminal trials. The findings demonstrate that unverified digital evidence risks eroding the presumption of innocence, shifting the burden of proof to defendants, and undermining legal certainty. This article argues that criminal procedural law must be reformed to explicitly regulate the classification, authentication, and corroboration of micro-digital evidence in order to ensure technological adaptation without compromising due process of law and fair trial guarantees.

Customary Law and the Challenges of Modern Investment: Strategies for Maintaining a Balance between Traditional Values and Economic Growth Pramidazzura Alifa Rifqi
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/s8etbs76

This article examines the challenges posed by modern investment to customary law and proposes legal strategies to maintain a balance between traditional values and economic growth. While investment is promoted as a key driver of development, its implementation in customary territories often generates normative conflicts arising from divergent conceptions of land, consent, and economic relations. This study identifies three central legal issues: normative ambiguity regarding the position of customary law in investment governance, a legal vacuum in the binding recognition of customary consent, and conflicts of norms between market-oriented investment regimes and communal legal systems. Employing a normative juridical method with statute, conceptual, and case approaches, the article analyzes constitutional recognition of indigenous rights, investment-related legal frameworks, and comparative doctrinal perspectives. The analysis demonstrates that customary law should not be treated as an obstacle to investment, but as a normative constraint and enabler that can enhance social legitimacy, reduce conflict, and support sustainable economic growth. The article argues that investment governance which marginalizes customary norms ultimately undermines legal certainty and long-term economic stability. It proposes prescriptive legal strategies, including strengthening the legal status of customary consent, integrating customary norms into impact assessments, institutional coordination with customary authorities, and pluralistic judicial interpretation. Integrating customary law into investment regulation is essential to reconcile economic development with social justice and legal coherence.

The Contribution of Customary Law to Sustainable Development: Social and Environmental Perspectives Pramidazzura Alifa Rifqi
Journal of Adat Recht Vol. 2 No. 5 (2026): JANUARY - JOAR
Publisher : PT. Anagata Sembagi Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62872/sx38qz74

This article analyzes the contribution of customary law to sustainable development from social and environmental perspectives within Indonesia’s plural legal system. Although sustainable development is formally embedded in national legal and policy frameworks, its implementation remains predominantly state-centric and technocratic, often marginalizing customary legal systems that have long regulated land use, natural resource management, and social relations. This study identifies three central legal issues: normative ambiguity in positioning customary law within sustainable development governance, a legal vacuum regarding the formal role of customary institutions in environmental regulation, and conflicts of norms between customary law and sectoral development-oriented legislation. Employing a normative juridical method with statute, conceptual, and case approaches, this article examines constitutional provisions, environmental and natural resource laws, and legal doctrines on sustainable development and legal pluralism. The analysis demonstrates that customary law embodies normative principles aligned with sustainability, including ecological balance, communal responsibility, and intergenerational justice. However, these principles remain underutilized due to the absence of explicit legal integration mechanisms. This article argues that the marginalization of customary law weakens both social and environmental dimensions of sustainable development. It proposes a prescriptive framework for integrating customary law into sustainable development governance through statutory clarification, administrative incorporation, and pluralistic judicial interpretation, aimed at enhancing legal certainty, social justice, and environmental protection.

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