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Fraud in the Sale and Purchase of Processed Wood in the Jambi Jurisdiction: Analysis of Positive Law and Islamic Criminal Law Kemas Edy Haryanto; Rahmi Hidayati Al Idrusiah; Husin Bafadhal; Muhammad Farhan HR
Journal of Progressive Law and Legal Studies Том 4 № 01 (2026): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v4i01.2215

Abstract

The practice of buying and selling processed wood in the Jambi jurisdiction plays a strategic role in supporting community economic activity. However, over time, this practice has been plagued by various legal irregularities, particularly fraud, resulting in economic losses, social conflict, and legal uncertainty. This study aims to analyze the obstacles and efforts to resolve fraudulent cases in the sale of processed wood, and to examine these acts from the perspective of Islamic criminal law. This study employed a qualitative approach with empirical juridical research. Data were obtained through interviews with law enforcement officials, processed wood business actors, and parties involved in the dispute. A literature review of laws and Islamic legal literature supported them. The results indicate that resolving fraud cases faces various obstacles, including blurred boundaries between civil breach of contract and criminal fraud, weak evidence of deception, a lack of written agreements, and low public legal literacy. Efforts to resolve these cases have been pursued through penal and non-penal channels, but neither is fully effective without proportional sanctions and ongoing prevention efforts. From an Islamic criminal law perspective, fraud in the sale and purchase of processed wood falls under the category of ta'zir crimes, which balance punishment, restitution for the victim's losses, and prevention of social harm. This research confirms that integrating Islamic criminal law values with positive law can strengthen substantive justice and property protection in community business practices.
Resolution of Adultery Offenses through the Mbasuh Dusun Mechanism: A Study of Legal Pluralism Maidani Maidani; Rahmi Hidayati Al Idrusiah; Ruslan Abdul Gani; Muhammad Farhan HR
Journal of Progressive Law and Legal Studies Том 4 № 02 (2026): Journal of Progressive Law and Legal Studies
Publisher : PT. Riset Press International

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59653/jplls.v4i02.2543

Abstract

This study examines the resolution of adultery-related offenses through the Mbasuh Dusun mechanism in Muko-Muko Bathin VII District, Bungo Regency, identifies the challenges encountered in its implementation, and analyzes the harmonization of customary law, Islamic law, and national law in the settlement of adultery cases. The research adopts an empirical juridical approach employing a descriptive qualitative method. Data were collected through interviews, field observations, and document analysis involving customary leaders, religious figures, village officials, and members of the local community. The findings indicate that the Mbasuh Dusun mechanism represents a customary law–based dispute-resolution model that emphasizes deliberation, restoration of social equilibrium, and the preservation of communal harmony. The settlement process involves customary institutions, religious leaders, village authorities, offenders’ families, and community representatives in determining forms of resolution perceived as fair and socially acceptable. Major challenges in implementing this mechanism include legal dualism between customary law and national law, social transformation driven by modernization, declining customary legitimacy, and issues concerning the effectiveness of enforcing customary sanctions. The study further reveals that harmonization among customary law, Islamic law, and national law may be developed through a restorative justice framework emphasizing dialogue, offender accountability, restoration of social relationships, and the strengthening of customary institutions. The study contributes that the Mbasuh Dusun mechanism demonstrates the continuing relevance of customary law as a local wisdom–based dispute-resolution instrument within Indonesia’s plural legal system.