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All Journal Indonesian Journal of Islamic Law (IJIL) Al-battar: Jurnal Pamungkas Hukum
Boumpa, Anna
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Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other

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State Recognition and Islamic Legal Authority: Repositioning the Mufti Institution in Greece Paralikas, Apostolos G.; Boumpa, Anna
Indonesian Journal of Islamic Law Vol. 9 No. 1 (2026): Indonesian Journal of Islamic Law
Publisher : Postgraduate Programme of UIN Kiai Haji Achmad Siddiq Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/1gpqja79

Abstract

This article analyses the transformation of Islamic personal status law for the Muslim minority in Thrace within the Greek legal order. Historically grounded in obligations under the Treaty of Lausanne, Sharia jurisdiction functioned as a state-administered system that generated persistent tensions between minority protection, constitutional equality, and individual autonomy. Through an integrated doctrinal approach combining treaty interpretation, statutory analysis, and jurisprudential review—centred on the landmark judgment in Molla Sali v. Greece before the European Court of Human Rights—the study demonstrates how supranational human rights scrutiny destabilised identity-based legal pluralism. The Court’s rejection of compulsory Sharia inheritance rules prompted legislative reforms in 2018 and 2022 that redefined the Mufti’s jurisdiction as conditional upon explicit consent and enhanced judicial oversight. The article argues that these reforms do not abolish religious jurisdiction but recalibrate it within a constitutional framework centred on verified voluntariness, equality, and procedural safeguards. The Greek experience thus illustrates a model of conditional legal pluralism in which religious adjudication remains legitimate only when embedded within effective state supervision and individual choice. By situating the Greek case within broader European human rights debates, the study clarifies a normative threshold for reconciling minority protection with constitutional democracy.
Optimizing Asset Recovery in Corruption Cases: Evaluating Indonesia’s Legal Framework and the Need for Non-Conviction Based Forfeiture Samosir, Marlina; Loin, Raymundus; Farid, Diana; Hanafi, Hanira; Boumpa, Anna
al-Battar: Jurnal Pamungkas Hukum Vol. 3 No. 1 (2026): April
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v3i1.463

Abstract

Corruption is categorized as an extraordinary crime that causes great losses to state finances, so it is not enough to overcome it only through corporate criminalization, but must also be oriented towards asset recovery. This study aims to analyze the effectiveness of the asset forfeiture mechanism in corruption crimes based on laws and regulations in Indonesia and identify the urgency of legal reform to increase the optimization of asset returns. This research uses a normative legal method with a statute approach and a conceptual approach. The data used is secondary data consisting of primary legal materials in the form of laws and regulations, such as the Criminal Code, Law Number 31 of 1999 jo. Law Number 20 of 2001, as well as Law Number 1 of 2023, and secondary legal materials in the form of scientific literature and legal doctrine. Data analysis was carried out qualitatively by examining the conformity of legal norms with the principle of effectiveness in recovering state losses. The results of the study show that the asset forfeiture mechanism in Indonesia's positive law is still dominated by the conviction based forfeiture model which depends on the main criminal verdict. This condition creates various limitations, such as a high burden of proof, a long process, and a legal loophole for perpetrators to hide or transfer assets resulting from corruption. As a result, the effectiveness of recovering state losses has not been optimal. Thus, legal reform is needed through strengthening asset forfeiture regulations, including the development of a non-conviction based asset forfeiture mechanism, in order to increase the effectiveness of asset recovery and strengthen efforts to eradicate corruption in Indonesia.
Co-Authors Farid, Diana Hanafi, Hanira Loin, Raymundus Paralikas, Apostolos G. Samosir, Marlina