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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 326 Documents
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The Silent Sea: The Legal Lacuna of Sedentary Activities in the Archipelagic Sea Lanes under UNCLOS Nur Gemilang Mahardhika; Ahmad Kushay; Arief Hasanul Husnan Nasution
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.
Balancing constitutional rights and institutional identity: Evidence from Muhammadiyah Universities in Eastern Indonesia Syamsul Arifin; Le Xuan Tung; Nur Kafid; Ahmad Zainul Hamdi; Khoirun Niam
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42108

Abstract

This study examines the relationship between constitutional rights and institutional religious identity through Islamic Religious Education (IRE) at Muhammadiyah universities in Eastern Indonesia, in which the majority of students are Christian. Although the law guarantees students’ rights to receive religious education in accordance with their beliefs, some Islamic higher education institutions pay insufficient attention to this provision. Through interviews, document analysis, and classroom observations, this study investigates how religious education at Muhammadiyah universities is managed to balance Muhammadiyah’s institutional educational identity with the legal requirements related to students’ constitutional rights to obtain religious education that corresponds to their respective religions. The findings show Muhammadiyah’s commitment to providing religious education that accommodates students' religious diversity through an instructional approach known as Multicultural AIK. Nevertheless, more inclusive steps remain necessary, including facilitating religious education that explicitly indicates that the instruction students receive aligns with the religion they adhere to.
Negotiating Women's Rights in Jordanian Electoral Law: Are they fulfilled? Saif Ziad Aljunidi; Farah Alshanik; Emad M. Alamaren
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42184

Abstract

The research analyses legal guarantees for politically empowering women from a comparative perspective and the factors that limit their effectiveness. The research findings show that the sustainability of women’s representation in Jordan’s Parliament depends heavily on the force of law. Women’s representation in Parliament is a temporary measure and is practically considered an alternative to competitive integration. Although those measures contributed to women's representation rising to 19.6% of the House of Representatives’ seats and went beyond formal (token) representation, the percentage remained below the effective “critical mass” of 30%. From a pluralism governance perspective, the study uncovered a severe weakness in youth representation in Parliament at 4.3%, although they represent 60% of the population. The paper highlights the socio-political challenges surrounding the effectiveness of women's empowerment legal guarantees, which are tribal elections, discriminatory practices, and electoral violence against women in the digital space. To handle those gaps, the research recommends legislative reformations such as redividing political districts, reengineering the quota system, adopting a gender alternation system (zipper system), modifying the financial support for the party-based level, while linking it to the percentage of women’s representation beyond the quota, and fostering transformation that supports women’s political participation.
The Structure and Culture of Negotiating Child Victims’ Rights in Cases of Sexual Violence Layyin Mahfiana; Masrukin Masrukin; Diana Zahro; Lukman Santoso
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.
In Search of Forfeited Fiduciary Assurance: A Justice Approach Novi Rizka Permatasari; Hartiwiningsih Hartiwiningsih; Pujiyono Suwadi
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42371

Abstract

This study examines the legal consequences and proposes a fair model of confiscation that balances the interests of creditors, debtors, and the state. The research employs a normative legal approach, integrating John Rawls’ theory of justice and progressive legal theory, and applies descriptive methods and deductive syllogistic analysis to examine relevant doctrines, legal principles, and judicial practices. The findings reveal significant gaps in current fiduciary regulations, particularly the absence of mechanisms to address the consequences of state confiscation, to provide compensation to affected parties, and to protect receivables rights in cases of loss or damage. In response, the study proposes a reconstructed legal framework that introduces a sanctioning scheme coupled with proportional compensation, explicitly incorporated into court judgments. This model upholds procedural justice and equality among parties, aligning with Rawls’ difference principle. The study concludes that revising fiduciary regulations to include explicit provisions for state confiscation and associated compensation mechanisms should enhance legal certainty, ensure proportional protection of all parties, and promote a fair and effective enforcement system.
Reforming Malaysia’s juvenile justice system: a critical analysis of pre-trial diversion within the framework of international standards Nor Aida Ab. Kadir; Aminuddin Mustaffa; Sholahuddin Al-Fatih; Nik Nur Nasyuha Nik Ahmad Rizal; Vita Mahardhika
Legality : Jurnal Ilmiah Hukum Vol. 33 No. 2 (2025): September
Publisher : Faculty of Law, University of Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/ljih.v33i2.42392

Abstract

This paper aims to scrutinise the Malaysian juvenile justice system and the negative consequences of the lack of pre-trial alternative measures in dealing with children. Juvenile delinquency is a social problem that has attracted numerous discussions from different quarters. One of the primary issues in this area is how to respond to complex, multifaceted problems involving children in conflict with the law. Through doctrinal analysis and comparative frameworks with international standards and legal practice in England and New Zealand, this study highlights the positive impact of diversionary approaches on recidivism, rehabilitation, and restorative justice. Malaysia’s heavy reliance on formal adjudication is inconsistent with several international standards. This paper advocates amending the Child Act 2001 and the Criminal Procedure Code to implement pre-trial diversion, with police and prosecutorial discretion to encourage restorative justice alternatives in minor and non-violent cases. This change would align Malaysia’s system with international norms, improve children's rights, and advance the justice system toward greater rehabilitation and restoration.
Ensuring the Safety of Hydraulic Structures in Central Asia: A Comparative Perspective Narzullaev Olim Kholmamatovich; Kholmuminov Jumanazar Toshtemirovich; Baratov Azim Shamsievich; Mamatqulov Rashid Pazilbekovich; Khamidov Bakhtiyorjon Khamidovich
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 Saud H. Alharthi; Hajed A. Alotaibi
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 Yassine Chami; Driss ed Dran
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.

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