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All Journal Nusantara: Journal Of Law Studies Journal of Sharia and Legal Science Jurnal Hukum Keluarga
Zul Fahmi
Sekolah Tinggi Agama Islam Negeri Mandailing Natal, Indonesia
Religion Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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The Persistence of Victim Blaming in Child Rape Trials: A Victimological Analysis of the Banjarmasin High Court Acquittal Liantha Adam Nasution; Zul Fahmi; Sumardi Efendi; Ahmad Rozali; Maulana Muklis; Muhammad Asim Rafiq
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: 10.5281/zenodo.18662151

Abstract

This study examines the extent to which victim blaming shapes judicial reasoning in child rape trials, focusing on the acquittal in Decision No. 42/PID/2017/PT Bjm and addressing a gap in systematic appellate-level analyses of PERMA No. 3 Tahun 2017 implementation. It employs doctrinal legal analysis combined with qualitative content analysis of two primary decisions—Decision No. 20/Pid.B/2017/PN Mrh and the aforementioned appellate ruling—and evaluates them against relevant normative frameworks, including the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and Undang-Undang Tindak Pidana Kekerasan Seksual. The findings indicate that the appellate panel systematically shifted the evidentiary burden onto the child victim by privileging her conduct while discounting non-physical forms of coercion and psychiatric evidence of trauma. This pattern operationalises notions of victim precipitation and conflicts with procedural and protective norms, thereby producing secondary victimisation through courtroom rhetoric that denigrates victims. Conceptually, the article advances an integrated analytical framework that combines the ideal-victim construct, victim blaming, and secondary victimisation to interpret appellate reasoning, thereby refining the role of victimology as a trauma-informed evaluative lens for judicial texts. Juridically, the findings reveal a structural tension between appellate practice and KUHAP’s recognition of psychological harm as valid evidence, as well as PERMA No. 3 of 2017’s prohibition of victim-blaming conduct, with broader implications for child protection, judicial integrity, and public confidence in the justice system. The study therefore recommends targeted reforms: explicit statutory recognition of non-physical coercion and psychiatric evidence; enforceable ethical sanctions and monitoring mechanisms to ensure PERMA compliance; trauma-informed judicial training; and harmonised institutional measures that internalise child-protection principles, including the integration of Islamic law–informed recommendations within a broader institutional harmonisation framework to ensure alignment with national pro-victim legal reform.
Negotiating Mahr as a Woman’s Right in Islamic Marriage: A Normative–Comparative Study of Nigeria and Indonesia Hamza Naziru Zakari; Zul Fahmi; Muhammad Dirgantara; Rifky Mei Manda; Fadhlan Maulana
Jurnal Hukum Keluarga Vol. 2 No. 02 (2025): Hukum Keluarga
Publisher : PT. Ratu Bilqis Azzahira bekerjasama dengan Fakultas Syariah Universitas Islam Zainul Hasan Probolinggo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63731/jhk.v2i02.11

Abstract

Mahr (dowry) serves as a fundamental institution in Islamic marriage law and represents a legally recognized economic right of women, grounded in Qur’anic injunctions and Islamic Law. Despite sharing a common normative foundation, the regulation and practical enforcement of mahr vary considerably across Muslim societies, particularly those characterized by legal pluralism and differing levels of state codification. This article examines mahr as a women’s right within Islamic family law through a normative-comparative analysis of Nigeria and Indonesia. Employing doctrinal legal research and a comparative law approach, the study analyzes the concept of mahr in Islamic jurisprudence and its regulation within the respective Islamic family law frameworks of both countries. The findings reveal that both Nigeria and Indonesia recognize mahr as a mandatory obligation of the husband and the exclusive proprietary right of the wife. However, significant divergences emerge in terms of regulatory structure, institutional enforcement, and legal certainty. In Nigeria, Islamic family law operates within a plural legal system where Islamic law—predominantly influenced by the Maliki school—coexists with customary and statutory laws, resulting in fragmented enforcement and uneven protection of women’s mahr rights. By contrast, Indonesia has incorporated Islamic family law into a more unified statutory framework through Law No. 1 of 1974 on Marriage and the Compilation of Islamic Law, supported by the jurisdiction of Religious Courts, thereby providing relatively clearer mechanisms for legal enforcement, notwithstanding ongoing challenges related to customary practices and implementation. This comparative analysis demonstrates that legal codification, institutional coherence, and state involvement play a crucial role in enhancing legal certainty and strengthening the protection of women’s economic rights in marriage.
Etika Qur’ani dan Fiqh al-Bi’ah sebagai Landasan Kebijakan Ekologis: Pendekatan Normatif untuk Memperkuat Kesadaran Masyarakat Mandailing Natal Zul Fahmi; Affan Muhammad Hasibuan; Pebriyanti Pebriyanti; Rosdewi Pulungan; Asrofi Asrofi; Hamza Naziru Zakari
Journal of Sharia and Legal Science Vol. 4 No. 1 (2026): Journal of Sharia and Legal Science
Publisher : CV. Doki Course and Training

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61994/jsls.v4i1.1562

Abstract

This study examines the normative foundations of the Qur’an, fiqh al-bi’ah, and maqasid al-shari’ah as a basis for preventing destructive practices in Mandailing Natal (Madina) and evaluating the integration of Islamic norms with technical policies and remedial actions. This study uses a normative research method with a hermeneutic and fiqhiyyah approach, through reading the Qur’an and tafsir, as well as analyzing the principles of fiqh al-bi’ah and maqasid al-shari'ah. Data sources include scientific literature, regulations, MUI fatwas, field reports, and media archives, which are analyzed qualitatively-descriptively and triangulated with empirical evidence. The results show that Qur’anic and fiqhiyyah textual arguments affirm the normative obligation to maintain mizan and prevent fasad. Empirical findings confirm mercury pollution from Artisanal and Small-Scale Gold Mining (ASGM), coastal ecosystem degradation due to destructive fishing practices, and river waste accumulation that exacerbates health and livelihood vulnerabilities. This study also identifies gaps in the implementation of national policies at the local level, limited access to mercury-free technology, and weak regional operational regulations, which delay the internalization of ecological awareness. Based on these results, the study recommends strengthening policies based on maqasid al-shari’ah through district fatwa interventions and contextual regional regulations, thematic da'wah for behavioral change, adoption of mercury-free technology substitutes, and sharia financing mechanisms to support remediation and mitigation. This study is limited to normative and textual analysis without field testing, so further empirical research is recommended to assess the effectiveness of implementing Sharia-based ecological policies in Madina.
Co-Authors Affan Muhammad Hasibuan Ahmad Rozali Asrofi Asrofi Fadhlan Maulana Hamza Naziru Zakari Liantha Adam Nasution Maulana Muklis Muhammad Asim Rafiq Muhammad Dirgantara Pebriyanti Pebriyanti Rifky Mei Manda Rosdewi Pulungan Sumardi Efendi