Journal of Family Law and Islamic Court
Vol. 4 No. 2 (2026): Journal of Family Law and Islamic Court

Integrating Online Gender-Based Violence in Indonesia: Islamic Law to Positive Law

Luciana Anggraeni (Universitas Muhammadiyah Malang)
R. Tanzil Fawaiq Sayyaf (Universitas Muhammadiyah Malang)
Elif Aydin (Istanbul Sabahattin Zaim University)



Article Info

Publish Date
22 Sep 2026

Abstract

Online Gender-Based Violence (OGBV) in Indonesia , as evidenced by this doctrinal legal study analyzes the gaps and potential synergies between Indonesian positive law and Islamic law employing a qualitative juridical- normative methodology with a socio-legal analytical framework, data were collected through content analysis of maqāṣid al-sharīʿah principles. Using a qualitative doctrinal legal methodology with a socio-legal analytical framework, the study conducted a content analysis of statutory regulations, including the Electronic Information and Transactions Law (UU ITE), the Criminal Code (KUHP), the Domestic Violence Elimination Law (UU PKDRT), the Sexual Violence Crime Law (UU TPKS),  Islamic legal documents including the Indonesian Ulama Council (MUI) Fatwa No. 24 of 2017. The analysis reveals that current positive regulations are sectoral and predominantly punitive, lacking a comprehensive victim-centered approach, while Islamic fatwas remain ethically normative but operationally non-integrated into public policy. The research identifies  ḥifẓ al-ʿaql (protection of intellect) as robust normative foundations within maqāṣid al-sharīʿah that remain underutilized in policy formulation. Consequently, the study concludes that transformative regulatory integration is urgently required to bridge the gap between state enforcement and religious legitimacy, thereby strengthening the protection of women's rights in the digital sphere and advancing the objectives of Sustainable Development Goal 5 on gender equality.

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Journal Info

Abbrev

jflic

Publisher

Subject

Religion Law, Crime, Criminology & Criminal Justice

Description

Journal of Family Law and Islamic Court (ISSN: 2962-5963 (Print) 2962-5327 (Online)) is an national peer-reviewed open access journal that aims to spread conceptual thinking or ideas, review and the research findings obtained in Family Law and Islamic Courts. Journal of Family Law and Islamic Court ...