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All Journal Jurnal Ilmiah Hukum LEGALITY RechtIdee Journal of Law and Legal Reform
Souad Ezzerouali
College of Law, Dhofar University, Sultanate of Oman
Law, Crime, Criminology & Criminal Justice

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Sharia in Moroccan Law: a perpetual source and guiding reference Souad Ezzerouali; Mohamed Cheikh Banane; Brahim Hamdaoui
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 1 (2025): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i1.36744

Abstract

This study examines the role of Sharia in the Moroccan legal system, assessing whether it serves as a fundamental source of legislation or merely a reference. Morocco's legal framework uniquely combines Islamic principles with secular laws, reflecting its colonial history and modern reforms to preserve Islamic heritage while advancing legal modernization. This distinctive blend positions Morocco as a model for balancing tradition and contemporary legal requirements. The research adopts a critical analytical approach, analyzing constitutional and legal texts, judicial precedents, and practical applications. It also conducts a comparative analysis with Indonesia to explore different approaches to integrating Sharia. Morocco applies Sharia centrally, especially in personal status laws, while Indonesia uses it regionally, such as in Aceh, within a predominantly secular national framework. The study highlights how historical, social, and political contexts influence the role of Islamic law in both countries. Findings show that Sharia is a crucial source for personal status matters in Morocco and a supplementary reference in other legal areas, with the Commander of the Faithful (Amir al-Mu'minin) maintaining this balance. In contrast, Indonesia emphasizes the regional application of Sharia alongside national secular laws. The study provides insights into balancing religious identity with legal modernization, offering a framework for legal pluralism that can inform researchers and policymakers in diverse socio-political contexts.
Reflection of Child Protection on the Settlement of Child Sexual Violence In Indonesia: An Analysis of Court Decisions in 2019-2020 Rusmilawati Windari; Istianah Za; Souad Ezzerouali
RechtIdee Vol 20, No 2 (2025): DECEMBER
Publisher : Trunojoyo Madura University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21107/ri.v20i2.21183

Abstract

Protection of children from sexual violence is a shared responsibility of all parties, including the judiciary. One of the efforts to protect children by the judiciary is manifested in court decisions on cases of sexual violence against children. As a form of law enforcement in concreto, the study of this court decision will provide a signal for criminal law reform related to the regulation of sexual violence against children in Indonesia. This article aims to examine the reflection of child protection in the resolution of cases of sexual violence against children in Indonesia in 2019-2020. As normative research, a single issue is studied using a statutory, conceptual, and case approach and then analyzed using the descriptive qualitative method. A comprehensive synthesis of statutory analysis, doctrinal interpretation, and systematic case examination was concluded. The discussion shows that the majority of settlements of sexual violence cases against children have reflected the protection of children. However, 3 three limitations signaled criminal law reform: the absence of criminal law guidelines, the lack of specifically formulated minimum fines, and the absence of sanctions for victim-oriented treatment.
Personal Data Protection in Political Party Information Systems in the Organization of General Elections: Concept and Law Reform Recommendations Erman I. Rahim; Mohamad Afriyansyah Dukalang; Abdul Hamid Tome; Nuvazria Achir; Souad Ezzerouali
Journal of Law and Legal Reform Vol. 6 No. 3 (2025): July, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i3.12942

Abstract

Exploiting citizens’ personal data by political parties within the Political Party Information System (SIPOL) database during the 2024 General Election has adversely affected the public. This paper examines the exploitation of citizens’ personal data by political parties via identity fraud from a legal standpoint, while also suggesting a framework for personal data protection and legal change. The primary aim is to offer conceptual proposals for safeguarding people’s personal data inside SIPOL and to suggest legal revisions to the Election Law and Political Party Law, therefore integrating requirements for personal data protection into the Personal Data Protection Law. This study utilized normative legal research methodologies, including a statute, case, and conceptual approach, to address the legal issues under examination. The research findings indicated that the illicit utilization of citizens’ personal data for political party membership adversely affects the individuals involved and constitutes a legal infraction. This article provides a framework for safeguarding people’s personal data within the SIPOL, alongside legal revisions to the Election Law and Political Party Law, which policymakers can address.
Legal Reform in Village Law-Making Process Using Artificial Intelligence: Is It Necessary? Sholahuddin Al-Fatih; Ali Roziqin; Muhammad Dahlan Asyari; Souad Ezzerouali
Journal of Law and Legal Reform Vol. 6 No. 2 (2025): April, 2025
Publisher : Faculty of Law, Universitas Negeri Semarang, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.v6i2.21116

Abstract

This article aims to discuss how Village Regulation should be implemented in the digital age, whether using artificial intelligence or conventional methods. Indonesia is a big country with too many villages, such as the small Regency/City of Malang, which has almost 390 villages (with different terms, both desa and kelurahan). The problem was raised while those villages were drafting Village Regulation. By using a legal research method, this research examines how AI could help in the village law-making process. To do that, this article combines both normative and empirical studies by analyzing the norms and literature, as well as understanding the respondent answers spread out by Google Forms. As a result, this paper finds that some AIs are necessary for drafting village regulations, such as ChatGPT, Gemini, Scopus AI, and so on. However, those AI should be used responsibly, with an honest principle, an open mind, and the avoidance of plagiarism.
Co-Authors Abdul Hamid Tome Ali Roziqin Brahim Hamdaoui Erman I. Rahim Istianah Za Mohamad Afriyansyah Dukalang Mohamed Cheikh Banane Muhammad Dahlan Asyari Nuvazria Achir Rusmilawati Windari Sholahuddin Al-Fatih