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All Journal Humanities, Society, and Community (HSC) Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan
Sariat Arifia
Universitas Al-Azhar Indonesia
Humanities Social Sciences

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The Impact of Family Status on the Enforcement of Gratification Laws in Indonesia Sariat Arifia; Bambang Aref Wibowo; Caskiman
Humanities, Society, and Community Vol. 2 No. 2 (2025): Humanities, Society, and Community
Publisher : Research Synergy Foundation Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31098/hsc.v2i2.3174

Abstract

This research examined the influence of family status on enforcing anti-gratification laws in Indonesia. This study aimed to identify how familial relationships affect legal processes, identify legal loopholes, and offer recommendations to enhance anti-gratification enforcement. The research analyzed recent cases involving high-ranking officials using a normative and descriptive-analytical approach. This study focused on the legal significance of family information recorded on the official Family Card (Kartu Keluarga) and its impact on case identification and prosecution. Findings revealed that family status played a significant role in tracking asset flows and establishing links between public officials and gratification sources. However, ambiguities in the legal definition of "family" often created loopholes that obstructed consistent legal action. The study also found that social media had become an unintentional yet powerful channel for exposing gratification cases, particularly through content shared by family members. While such public disclosures prompted official investigations, they also raised concerns about objectivity and legal consistency. The research concluded that comprehensive legal reform is essential to clarify familial definitions, close enforcement gaps, and ensure that digital disclosures are handled fairly. These findings strengthen Indonesia's legal framework for combating corruption-related gratification practices.
Beyond Reception: A Critical Reassessment of Snouck Hurgronje and the Formation of Islamic Legal Historiography in the Nusantara Archipelago (14th–16th Centuries) Sariat Arifia; Yusup Hidayat; Bambang Arif Wibowo
Jurnal Ilmiah Mizani: Wacana Hukum, Ekonomi Dan Keagamaan Vol 12, No 2 (2025): October
Publisher : Faculty of Sharia (Islamic Law) at Fatmawati Sukarno State Islamic University Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29300/mzn.v12i2.9644

Abstract

The Receptie Theory formulated by Christiaan Snouck Hurgronje has long occupied a central position in the study of Islamic law in the Nusantara, often treated as an objective explanatory framework for the relationship between Islamic law and customary law. However, this dominance has generated a historiographical problem by obscuring the pre-colonial legal realities of the region. This study critically reassesses the Receptie Theory by situating it within the broader context of colonial knowledge production and legal governance, arguing that it functioned not merely as an academic proposition but as an epistemic instrument of colonial power aimed at subordinating Islamic law. Methodologically, the research employs an interdisciplinary approach that integrates Critical Legal Studies, Postcolonial Theory, and Indo-Archaeo-Islamology. The analysis is grounded in extensive field research conducted over five years across more than fifty cities in four countries. Thousands of archaeological artifacts—particularly Islamic tombstones and epigraphic inscriptions dating from the fourteenth to the sixteenth centuries—are examined and treated as primary legal-historical sources. The findings demonstrate that Islamic law had already operated as an autonomous, authoritative, and socially institutionalized legal system in the Nusantara well before the advent of European colonial rule. These empirical data directly challenge the foundational assumption of the Receptie Theory, which posits that Islamic law applied only to the extent that it was accepted by customary law. Instead, the evidence reveals a complex legal order in which Islamic norms functioned as positive law within political, social, and judicial structures. This study makes an academic contribution by deconstructing a long-standing colonial paradigm and reconstructing a more integrative historiography of Islamic law in the Nusantara. It advances postcolonial legal studies by offering an empirically grounded model for decolonizing Islamic legal historiography and re-centering indigenous Islamic legal agency in Southeast Asian history
Co-Authors Bambang Aref Wibowo Bambang Arif Wibowo Caskiman Yusup Hidayat