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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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IPR-Based Sustainable Tourism: Comparative Analysis of Indonesia, Malaysia, and Thailand Hari Sutra Disemadi; Mimi Sintia Mohd Bajury; Nurlaily Nurlaily; Ratih Anggraini; Dame Afrina Sihombing
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 Norhasliza Ghapa; Noor Ashikin Hamid; Noraida Harun; Rusmilawati Windar; Iyllyana Che Rosli
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 Ahmad Siboy; Ilham Dwi Rafiqi
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 Zaenal Abidin; Azlinda Azman; Paramjit Singh Jamir Singh
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.
The Dialectics of TheoLogis and TheoLegis in the Meaning of Justice Sidik Sunaryo; Shinta Ayu Purnamawati; Ridwan Arifin
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.v34i1.44016

Abstract

This article examines the meaning of justice through the dialectical relationship between TheoLogis justice and TheoLegis justice as two epistemological horizons in shaping and enforcing law. The study seeks to clarify the interaction between transcendental moral values and comprehensive understanding of justice through legal reasoning within contemporary legal systems. TheoLogis justice is conceptualised as a value orientation grounded in divine revelation and moral theology, providing law with a transcendental ethical foundation. However, when detached from epistemic humility, TheoLogis justice may risk formalisation and authoritarian domination. By contrast, TheoLegis justice situates legal rationality, social experience, and human values as mediating instruments through which divine values are translated into rational, contextual, and publicly accountable legal norms. Using a legal philosophy and legal theology approach, this study demonstrates that justice does not emerge as a fixed or singular concept but as a dialectical process between text and context, between the universality of values and the plurality of social realities. Within the Indonesian context, TheoLegis synthesis acquires constitutional significance through Pancasila, which integrates divine values, humanity, and social justice without reducing law to either secular positivism or normative theocracy. The main contribution of this article is the formulation of the TheoLogis-TheoLegis framework as an alternative conceptual approach for interpreting justice in pluralistic legal systems. In this framework, TheoLegis justice functions as an epistemological bridge that translates transcendental values into rational legal reasoning, enabling law to operate not merely as a coercive instrument but as a form of practical wisdom oriented toward human dignity, social balance, and substantive justice.
The Legal Framework and Enforcement Issues of Religious Holiday Allowances Himawan Estu Bagijo; Alfan Bramantya; Sonya Claudia Siwu; Fitria Esfandiari
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.v34i1.42520

Abstract

This study examines the legal dilemma between workers’ rights to religious holiday allowances and enforcement challenges using a socio-legal approach integrating normative analysis and empirical data. Religious holiday allowances are mandated under Indonesia Government Regulation No. 36 of 2021 to guarantee workers’ wellbeing during religious festivities. However, enforcement remains problematic in East Java, leaving some gaps between legal provisions and implementation. Based on the data issued by East Java manpower and transmigration office, complaints rose from 23 cases (1,734 workers) in 2022 to 51 cases (5,666 workers) in 2023, then dipped to 27 cases (382 workers) in 2024. This figure climbed again to 36 cases (2,685 workers) in 2025. The 2023 spike and 2025 rebound highlight persistent systemic compliance issues within SMEs and the informal sector. Limited inspection resources, informal settlements, and low employer legal awareness continue to hinder enforcement. This study argues for strengthening institutional enforcement, monitoring systems, and legal literacy to improve religious holiday allowance compliance. This article contributes to labour rights enforcement discussions in Indonesia, illustrating tensions between legal ideals and practical realities within the labour system in Indonesia.

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