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INDONESIA
Jurnal Ilmiah Hukum LEGALITY
Published by Universitas Muhammadiyah Malang
ISSN : 08546509     EISSN : 25494600     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Hukum Legality (JIHL) is a peer-reviewed open access Journal to publish the manuscripts of high quality research as well as conceptual analysis that studies in any fields of Law, such as criminal law, private law, bussiness law, constitutional law, administrative law, international law, islamic law, criminal justice system, and the others field of law as a forum to develop the science of Law. JIHL published by University of Muhammadiyah Malang twice in a year every March and September.
Arjuna Subject : -
Articles 15 Documents
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Search results for , issue "Vol. 34 No. 1 (2026): March" : 15 Documents clear
The Silent Sea: The Legal Lacuna of Sedentary Activities in the Archipelagic Sea Lanes under UNCLOS Mahardhika, Nur Gemilang; Kushay, Ahmad; Nasution, Arief Hasanul Husnan
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.41899

Abstract

This article maps the legal gap on provisions regarding sedentary activities on Archipelagic Sea Lanes (ASLs) under UNCLOS and subsequently charts the fairway of their governance. ASLs, already an almost uncharted regime of UNCLOS on its own, offers two freedoms for states users and archipelagic alike to enjoy: navigational rights and the consequent right to conduct sedentary activities those that are not in motion but maintain a static presence within the lanes. While the law of ASLs passage under UNCLOS is rather sufficiently defined, the Convention provides little guidance on how sedentary activities should be treated. This paper turns its attention to that silence. What will become of silent underwater activities, including cable-laying, surveillance, marine scientific research, or the unmoving presence of a submarine, which take place within these sea lanes, not as passage but as position? Article 53 of UNCLOS lies at the base of this inquiry, with its notable omission of non-navigational uses of ASLs. Through a close contextual reading of the Convention, reflected by state practice, the paper surfaces the following question: do sedentary activities fall within the scope of passage granted in ASLs, or are they subject to the sovereignty of the archipelagic state? Focusing on Indonesia, the world's largest archipelagic nation, the paper examines how sovereignty is asserted over both movement and stillness. It explores the legal lacuna in situations where the sea is not merely passed through but also silently dwelled within. The paper contributes to discussions surrounding ASLs by shedding light on them as stretches of maritime corridors where neither freedom of navigation nor sovereign control is properly articulated. This paper then concludes that this silent sea is where Indonesia is expected to take the helm in recasting the advancement of maritime law in three stanzas: devising its own domestic legal reform, regional cooperation, and international legal stratagem.
Restitution Mechanism for Rape Victims in Aceh: An Analysis of The Normative Shortcomings of Qanun Jinayat Widodo, Widodo; Tongat, Tongat
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42091

Abstract

This research examines the restitution mechanism for rape victims in Aceh. The rules on restitution for rape victims set out under Article 51 of Qanun Jinayat in Aceh are intended to protect the victims; however, they are deemed ineffective, given that the restitution implemented by the judges of Mahkamah Syar’iyah only covered 6% of the total victims, 9% of the prosecutions by prosecutors. The victims have no chance of recovering from the physical injuries, psychological trauma, and social trauma. This article was written based on the use of normative legal research methods. Legal materials comprise legislation, Qanun, Mahkamah Syar’iyah rulings, and district court rulings. The research results were analysed in light of the concepts of justice in Islamic criminal law and feminist legal theory. The research results reveal several points to ponder: (a) regulating the minimum uqubat for restitution at 250 grams of pure gold calculated according to the cost spent on recovering the victim, as well as the principles of justice and the maslahat (public benefit) in the context of Islamic criminal law; (b) regulating the obligations of Mahkamah Syar’iyah judges in determining the losses that the aggrieved parties have to take, particularly in terms of setting the amount of uqubat restitution according to the studies on victimology and the theory of feminist law that prioritises gender equality. If the defendant lives in poverty (gharim), the restitution status shifts to a compensation obligation to be paid by the state through baitul mal. However, the defendant must serve a jail sentence instead of probation. Rule amendments are consistent with the concept of justice and legal certainty in Islamic criminal law. The findings of this research should expand access to justice for victims, without restricting judges' freedom to decide cases or violating the human rights of defendants facing financial difficulties, thereby narrowing criminal disparities.
The Structure and Culture of Negotiating Child Victims’ Rights in Cases of Sexual Violence Mahfiana, Layyin; Masrukin, Masrukin; Zahro, Diana; Santoso, Lukman
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42348

Abstract

This article discusses the structure and culture of negotiating children's rights in sexual violence in Surakarta. This study employed a qualitative research method, collecting data through interviews and document analysis. The research writing was structured by data reduction, data presentation, and conclusions. Empirical and legal-philosophical approaches were applied to analyse the data, revealing significant weaknesses that require further attention. The lack of protection, justice, and recovery for child victims remains an issue, which hampers the functions of law enforcers, including the police, the prosecutor's office, and the judicial system. Justice in the system is procedural and formalistic in the context of the burden of proof, overlooking the best interests of the child and leaving child victims without justice and fair access to justice and restitution, while being burdened by procedural formalities. As studied, the majority of people in Surakarta are not fully aware of this matter. Stigmatisation lays the blame on the victims, while inadequate psychosocial support for child victims silences them. Without properly addressing these issues, many children experience discrimination and pressure that only hinders their recovery. This study concludes that to provide the necessary protection for child victims of violence and neglect, different sectoral responses need to be coordinated more effectively. Key recommendations include developing child-sensitive skills among law enforcement officials and other agencies, increasing public understanding of children's rights, simplifying regulations to eliminate duplication, and improving integrated, community-based victim services.
Ensuring the Safety of Hydraulic Structures in Central Asia: A Comparative Perspective Kholmamatovich, Narzullaev Olim; Toshtemirovich, Kholmuminov Jumanazar; Shamsievich, Baratov Azim; Pazilbekovich, Mamatqulov Rashid; Khamidovich, Khamidov Bakhtiyorjon
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42508

Abstract

This study applies comparative legal and descriptive-analytical methods to analyse 30 interstate treaties (1992-2017), national legislation, and regulatory practice in Kazakhstan and Uzbekistan. The results demonstrate that although some neighbouring nations (Afghanistan and Tajikistan) have not ratified the conventions, they have been incorporated into their national laws. This hampers the effectiveness of emergency preparedness and risk prevention measures. Through the “Regional Hydrosecurity Concept,” which harmonises state competencies with international water law norms, this study offers a novel theoretical framework for hydrosecurity in Central Asia. Furthermore, the report proposes a “Model Law on the Safety of Hydraulic Structures” to standardise emergency response protocols, hazard classifications, and legal nomenclature at the regional level. These two approaches work together to produce a logical legal framework that addresses current sectoral issues. In particular, Uzbekistan's experience is of significant importance in this regard, as outdated hydraulic infrastructure further undermines the effectiveness of hydrosecurity governance. The study’s original scientific contribution lies in formulating a “Regional Hydrosecurity Concept” that harmonises state competences, international water law standards, and basin-level governance. The practical significance of the study lies in strengthening legal coherence and regional cooperation, while contributing to the implementation of UN Sustainable Development Goal 6 (Clean Water and Sanitation).
Harmonising Legal and Sharia Principles in Foreign Investment: The Regulatory Framework of Subsidiaries in Saudi Arabia Alharthi, Saud H.; Alotaibi, Hajed A.
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42145

Abstract

This paper examines how Saudi Arabia’s updated investment regime (2024-2025) and Sharia principles jointly shape the legal and economic environment for establishing subsidiaries. Using a mixed-methods research design, the study combines doctrinal analysis of primary legal sources: the investment laws of 2024 and the implementing regulations of 2025 the 2022 Companies Law. We also considered relevant macroeconomic determinants that inform the foreign direct investments and empirical assessments that adopted the time series data for the period 1960 to 2023. As a finding, this research found that the new Investment Law guarantees equal treatment for domestic and foreign investors and shifts most activities from a licensing model to a streamlined, registration-based entry system, while maintaining approval requirements for sensitive sectors. The 2022 Companies Law enhances structural flexibility by permitting single-member LLCs, modernising governance rules, and removing earlier constraints on shareholder numbers. These changes collectively support holding-company and subsidiary formation.
Divide and Choose as Dual Participatory Justice: A Comparative Framework for UAE Civil Disputes Chami, Yassine; Dran , Driss ed
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.42363

Abstract

This study introduces a novel conceptual model, "Dual Participatory Procedural Justice," as a theoretical legal framework for implementing the "Divide and Choose" principle in bilateral divisible disputes in private law, addressing contemporary challenges in civil and commercial dispute resolution. This system diverges from the mathematical idealism of Western theory and the fragmented applications of traditional Islamic jurisprudence by integrating the procedural precision of Game Theory with Islamic legal maxims, especially the principles of preventing harm and alleviating hardship. Employing a critical comparative methodology grounded in Natural Law jurisprudence, the study challenges the prevailing notion of symmetry in Western models and contextualises the mechanism within the historical operational frameworks of Islamic courts. The resulting framework establishes enforceable safeguards, including mandates for functional symmetry and expert intervention. The study primarily focuses on situating the proposal within the framework of UAE Civil Procedure Law and constitutional Sharia principles, while offering a comparative analysis of its applicability in Southeast Asian jurisdictions, particularly highlighting parallels with the Indonesian Musyawarah and Malaysian Sulh systems. The model is only for disputes that can be split into two and does not cover issues of child custody or public policy (ordre public). The results show that this participatory approach significantly reduces court backlogs and makes people in Arab and Southeast Asian countries happier with the law.
IPR-Based Sustainable Tourism: Comparative Analysis of Indonesia, Malaysia, and Thailand Disemadi, Hari Sutra; Bajury, Mimi Sintia Mohd; Nurlaily, Nurlaily; Anggraini, Ratih; Sihombing, Dame Afrina
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.43454

Abstract

This article discusses the potential of IPR-based sustainable tourism in Indonesia, Malaysia, and Thailand, three Southeast Asian countries with immense cultural resources that can further develop the tourism industry. This analysis primarily assesses the adequacy of the relevant regulatory frameworks in bridging sustainability and tourism, particularly by utilising the relevant IPR regimes. Employing the normative legal research method, this study finds that all three countries are for the most part, normatively inadequate to adopt an IPR-based sustainable tourism system, due to the lack of emphasis on ‘social interests’ with regards to community development and its connection with the bigger and more urgent objective of environmental sustainability. However, the study also notes that Indonesia stands out as the country with the most comprehensive and locally sensitive IPR frameworks. These frameworks potentially facilitate a harmonious connection between the three domains through the perspective of Roscoe Pound’s Sociological Jurisprudence, specifically how law is viewed as an instrument for social engineering, which serves the objective of moving the tourism sector and its stakeholders towards a more sustainable approach.
A Comparative Study on the Position and Rights of Illegitimate Children in Malaysia and Indonesia Ghapa, Norhasliza; Hamid, Noor Ashikin; Harun, Noraida; Windar, Rusmilawati; Rosli, Iyllyana Che
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.43944

Abstract

This study is motivated by the pressing concern that illegitimate children often face legal and social disadvantages, especially in matters related to lineage (nasab), inheritance, and paternal affiliation. The core problem lies in reconciling classical Islamic jurisprudence with contemporary legal developments that seek to uphold children welfare and human dignity. This paper aims to conduct qualitative research by doctrinal approach and comparative analysis of the legal frameworks in Malaysia and Indonesia regarding the status and rights of illegitimate children. In Malaysia, the prevailing interpretation under the Syariah Court Enactments generally denies nasab and inheritance rights to such children, adhering to traditional fiqh doctrines. In contrast, Indonesia has adopted a more progressive stance, especially following the Constitutional Court’s landmark decision No. 46/PUU-VIII/2010, which allows children born out of wedlock to claim civil rights through biological linkage. Using a qualitative doctrinal and comparative legal methodology, the study evaluates how far these approaches align with the objectives of Islamic law (Maqasid al-Sharia), particularly in protecting the best interests of the children. The paper concludes by proposing harmonized legal reforms that uphold justice, child welfare, and the ethical principles of Islamic family law.
The Design to Limit Regulations Governing Regional Head Elections Siboy, Ahmad; Rafiqi, Ilham Dwi
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.43527

Abstract

This research seeks to elaborate on the urgency and the design offered to limit regulations governing regional head elections (Pilkada). The main problem identified is the distribution of regional election norms across various types of regulations, which causes anomalies, conflicting norms, and dualism of interpretation by judicial institutions, such as differences in decisions between the Supreme Court and the Constitutional Court. Using normative-juridical research methods and statutory, conceptual, historical, and case-based approaches, this research reveals that the limitation in question serves as the initial milestone in constructing fair, effective, and efficient legal frameworks to regulate Pilkada with legal certainty. Philosophically, limiting the proliferation of norms is necessary to maintain the integrity of the local democratic system through the dimensions of ontology, epistemology, and axiology. The results of the study indicate that the most ideal design for limiting regional election regulations consists of three levels: the 1945 Constitution of the Republic of Indonesia as the constitutional basis, the Law as the primary regulation, and the Regulation of the Election Organising Institution (especially the General Elections Commission) as the technical delegation regulation. This model is considered the most appropriate, as it covers everything from abstract norms to concrete technicalities, guarantees legal certainty, and minimizes the influence of elite political interests in shaping regulations. The implementation of this design is expected to realise a more democratic, accountable, and equitable regional election governance.
Beyond Charity: Study on Islamic Philanthropy Governance and the Implementation of Zakat Law Abidin, Zaenal; Azman, Azlinda; Singh, Paramjit Singh Jamir
Legality : Jurnal Ilmiah Hukum Vol. 34 No. 1 (2026): March
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v34i1.43623

Abstract

This study focuses on the implementation of Zakat Law No. 23 of 2011 in Indonesia, particularly by the Lazismu Representative Office of East Java Province. Through an empirical legal approach, this study intends to evaluate the governance and compliance of the Lazismu Representative Office of East Java Province with the provisions of applicable laws, as well as its contribution to the SDGs based on community empowerment as a policy framework. This case study obtained data through interviews, observations, and data analysis to assess the compliance of the Lazismu Representative Office of East Java Province with relevant zakat regulations and the utilisation of zakat funds. This study has found a disparity between the explicit normative expectations of the Zakat Law No. 23 of 2011 and its implementation, particularly in the aspects of distributing zakat, infaq, and shodaqoh for community empowerment whose impact is sustainable. More than 70% of the programs implemented and initiated by Lazismu have been in line with the achievement of the SDGs, especially SDG 1 (No Poverty) and SDG 4 (Quality Education). However, this study also shows that 80% of the zakat, infaq, and shodaqoh of Lazismu utilisation programs remain charitable in nature but do not adequately promote participatory and inclusive community empowerment. As highlighted in this study, in the policy framework of the Zakat Law No. 23 of 2011 and its derivative regulations, there have not been many operational standards for the implementation of zakat utilisation guided by the principles of community empowerment with a participatory, accountable, and substantive governance approach in the management of zakat.

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