Indonesian Journal of Islamic Economic Law
Vol. 3 No. 1 (2026): Indonesian Journal of Islamic Economic Law

The Resilience of Religious Courts and Economic Disruption: A Constitutional Law Perspective

Fitriciada Azhari, Aidul (Unknown)
Isman, Isman (Unknown)



Article Info

Publish Date
24 Dec 2024

Abstract

This study aims to analyze how the interaction between economic disruption, internal adaptation, and constitutional legitimacy, within the framework of path dependence, shapes the resilience of the Religious Courts in Indonesian law. This study employs a qualitative-juridical research approach, incorporating historical, socio-legal, and institutional analysis methods. Data were collected from literature archives, constitutional documents, legislation, court decisions, and judicial bureaucrats. The analysis used pattern-tracking techniques and circular causal models, based on Lev (1978) and Manan (2003), to identify the relationships among external pressures, adaptation mechanisms, and institutional stability. The results show that judicial resilience does not stem solely from constitutional norms, but from the ability of institutions to transduce economic pressures into new institutional legitimacy through ambivalent adaptation—both defensive and innovative. Digital disruption expands the space for substantive legitimacy, but also produces structural noise that weakens judicial independence. The novelty of this research lies in the construction of the constitutional-resilience cycle, a nonlinear model that explains how constitutional legitimacy functions as both an amplifier and a regressive filter in absorbing economic disruption, resulting in a dynamic pattern of resilience that classical path-dependence theory cannot explain.    

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Journal Info

Abbrev

ijoel

Publisher

Subject

Religion Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice

Description

Indonesian Journal of Islamic Economic Law is a peer-reviewed journal dedicated to publishing the scholarly study of the islamic economic law many different perspectives. Particular attention is paid to the works dealing with application of Islamic Finance: Islamic finance has been increasingly ...