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Istinbath : Jurnal Hukum
Published by Institut Agama Islam Negeri Metro Lampung
ISSN : 18298117     EISSN : 25273973     DOI : https://doi.org/10.32332/istinbath.v17i1
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Istinbath : Jurnal Hukum is Open Journal of Law, a Journal that contains legal-based scientific papers. Published by Sharia Faculty of IAIN Metro. Ever applied for accreditation in 2016. It is published twice a year in Mei and November. Istinbath Journal Law is a periodical publication of scientific articles containing thematic laws with various approaches in the scope of positive law and Islamic law. Journals are published in print and online. Istinbath Journal of Law is published by the IAIN Metro Sharia Faculty. Istinbath Journal of Law is published as an attempt to socialize scientific studies in the form of literature review articles and research results related to the law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 300 Documents
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Justice for PLHIV Workers: Islamic and National Legal Approaches to Protecting Labor Rights Yoga Saputra; Andi Agung Mallongi; Mukhlisah Amin
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i01.10059

Abstract

Discrimination against individuals living with HIV/AIDS (PLHIV) in the workplace constitutes a grave violation of the principles of justice and non-discrimination upheld by both national and Islamic legal systems. This study examines the legal protection of PLHIV’s labor rights from the perspectives of national law and Islamic jurisprudence, and evaluates the extent to which the principle of justice is reflected in employment practices across Indonesia. Employing a normative juridical approach, this research collected data from a literature review of national regulations, human rights principles, and the objectives of Islamic law (maqāṣid al-sharī‘ah). The findings reveal that despite the existence of legal protection, its implementation remains insufficient. Discrimination resulting in recruitment rejections, employment terminations, and restricted career advancement persists. These conditions have been exacerbated by societal stigma and weak legal enforcement. From the perspective of Islamic law, the imperatives of ḥifẓ al-nafs (protection of life) and ḥifẓ al-‘ird (protection of dignity) underscore the necessity of equitable treatment for all individuals. The study recommends an integrative approach that combines national and Islamic legal frameworks to ensure more comprehensive and just protection for PLHIV workers. Reinforcing regulatory mechanisms, eliminating HIV-negative certification requirements in hiring processes, and conducting widespread public education are essential steps toward fostering a more inclusive, stigma-free work environment.
Legal Responsibility of the Penghulu in Same Sex Marriage Involving Fake Identity in Batam City Widarto, Muhammad; Rina S. Shahrullah; Elza Syarief
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v21i02.10099

Abstract

Marriage is a physical and emotional bond between a man and a woman that aims to build a happy, lasting family. Such a bond should be seen not only as a way of satisfying biological need, but also as the marriage’s purpose to produce offspring. This research aims to analyze the legal responsibility of the Head of the Religious Affairs Office (KUA) and the Penghulu in Sei Beduk Sub-district, Batam City, for same-sex marriage involving fake identities. Then, what is the legal status of such marriages, and what legal remedies can be pursued? This research uses a field study method with an empirical juridical approach. Primary data was obtained from the Head of KUA and Penghulu in Sei Beduk Sub-district, Batam City. Secondary data were obtained from relevant books, journal articles, theses, and dissertations. The data were collected through interviews and documentation and analyzed using a qualitative-inductive method. The results show that same-sex marriages are invalid in terms of religious norms, and do not fulfill the requirements of the applicable laws and regulations. In terms of culture and noble values that live in the soul of the Indonesian nation, similar marriages are also seen as contradictory. To demonstrate legal responsibility, the Head of KUA/Penghulu of Sei Beduk Subdistrict, Batam City, as an interested party, has applied to the Religious Court of Batam City for the annulment of the marriage after realizing that it was defective under Islamic law and national legislation. In the decision of the Batam City Religious Court No. 60/Pdt.G/2013/PA.Btm, the same-sex marriage that took place at the KUA of Sei Beduk Subdistrict, Batam City, was finally annulled, resulting in the status of the marriage being deemed nonexistent.
Legal Protection in Specified-Term Employment Contracts: Striking a Balance between Workers' Rights and Obligations Dahris Siregar
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i01.10252

Abstract

Specified-term employment contracts (PKWT) have been a common practice in modern employment schemes. However, this practice poses challenges in fulfilling the workers’ normative rights. This study evaluates the effectiveness of legal protection for workers bound by PKWT within the framework of Indonesian labor law, particularly following the enactment of the Job Creation Law. Using a legal-normative approach and analyzing regulations, court rulings, and labor law literature, this study maps the structural vulnerabilities faced by contract workers. The research findings indicate that PKWT is often inconsistently applied to permanent jobs, extended beyond the time limit, and sometimes includes unilateral clauses in contracts, which are detrimental to workers. Outsourcing practices further worsen workers' bargaining position, especially when combined with ill-defined PKWT schemes that create quasi-permanent employment status. Many workers face legal uncertainty, lack of social security, and no access to severance pay or maternity protection. Labor inspections have proven unreliable in preventing systemic violations, due to limited enforcement resources and overlapping regulations. On the other hand, the application of market flexibility logic that dominates the Job Creation Law actually weakens the principle of industrial relations justice. Therefore, a redesign of the PKWT legal protection system is essential to ensure it is more responsive to workers' structural vulnerabilities and to guarantee clarity in norms, effective oversight mechanisms, and collective protection through labor unions.
The Urgency of Village-Level Mediators in Reducing Divorce Rates on North Central Java Fadzlurrahman, Fadzlurrahman; A. Zaenurrosyid, A. Zaenurrosyid; Tali Tulab, Tali Tulab
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i01.10296

Abstract

Marital issues are complex and, therefore, require careful handling to prevent divorce. This research explores effective strategies for managing household conflicts in Indonesia, particularly in the northern coastal regions of Java, with a focus on the role of Modin (religious community leaders) and the influence of customary law and positive law as mediation. The method used in this research is an empirical juridical approach, which includes the collection of primary and secondary data, case studies, interviews, and policy analysis. The results of the study show that while customary law has provided solutions to many societal issues, globalization and technology have encouraged communities to lean more on positive law in conflict resolution, even in traditional societies. The Modin plays a crucial role in mediating family conflicts and maintaining peace, while village heads often act as intermediaries in divorce cases, which can affect the village's reputation. The study recommends that villages, through the Modin, conduct mediation as an initial step in addressing household conflicts to prevent divorce and improve conflict-resolution outcomes.
The Controversy of the Death Penalty for Narcotics Dealers: A Review of Indonesian Criminal Law and Islamic Criminal Law Harefa, Safaruddin
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i01.10346

Abstract

This study explores the application of the death penalty to narcotics traffickers within the frameworks of Indonesian national criminal law and Islamic criminal law. Under Law Number 35 of 2009 concerning Narcotics, the death penalty is imposed as a sanction for severe drug-related offences. In Islamic criminal law, punishment falls under ta’zir, which allows the state to impose discretionary penalties based on the gravity of the harm caused and the need to protect public welfare. Fatwas issued by the Indonesian Ulema Council (MUI) and the Council of Senior Scholars in Saudi Arabia affirm that capital punishment may be implemented under ta’zir to combat the growing threat of drug trafficking. This research aims to examine the legal foundation and implications of the death penalty in both legal systems, with an emphasis on justice, deterrence, and social protection. The study employs a normative juridical method and a comparative approach, analysing statutory laws and Islamic legal doctrines. Findings reveal that while both systems permit the death penalty, its application must consider broader dimensions such as prevention, rehabilitation, and social consequences. The study concludes that the death penalty, when implemented prudently and within the scope of legal and ethical standards, can function as a strategic instrument to address narcotics trafficking. The death penalty should not be viewed merely as a form of retribution, but rather as a comprehensive legal response aimed at preserving social order and public health.
The Urgency of Consumer Protection in Electronic Transactions in Online Gaming: Positive Law and Islamic Law Perspectives Muhammad Hishnul Islam; Aditia Prastyan Supriadi; Miftahul Huda
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i01.10625

Abstract

Electronic transactions in online games have been an issue in modern digital transactions. Consumers who purchase electronic balances, especially through third parties, often experience losses, while an effective legal protection mechanism is absent. This condition therefore creates legal uncertainty, injustice, and psychological risks for consumers. This study analyzes the urgency of consumer protection against problematic electronic transactions in online games, from both the perspective of positive law and that of the maqāṣid al-syarī‘ah. This study is categorized as normative juridical legal research, employing statutory and conceptual approaches. Primary legal materials were sourced from Law No. 8 of 1999 concerning Consumer Protection and Law No. 1 of 2024 concerning Electronic Information and Transactions, while secondary legal materials comprised literature, journals, and relevant articles. The results indicate that current regulations remain suboptimal in protecting digital consumers, particularly for intangible and cross-border transactions. From the perspective of maqāṣid al-syarī‘ah, the loss of electronic balance without clear accountability is a violation of the principles of property protection (hifẓ al-mal), protection of reason (hifẓ al-aql), and protection of life (hifẓ al-nafs). Therefore, regulatory reform to address the challenges of digital transaction development and the application of the principles of maqāṣid al-syarī‘ah is required to ensure justice, welfare, and stability for consumers.
Love Scam as a Manifestation of Online Gender-Based Violence: Aligning Legislation to Ensure Victim Protection Maulidia Mulyani
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i01.10739

Abstract

Love scams, increasingly prevalent in Indonesia, represent a new form of gender-based violence in the digital world. This study aims to trace the history of love scams as a manifestation of online gender-based violence, identify the patterns of manipulation used, and assess the adequacy of legal protection for victims within the framework of applicable regulations. Using a legal-normative approach and qualitative content analysis, this research examines secondary data consisting of legal regulations, court rulings, and actual case studies involving victims. Findings show that love scams not only have financial consequences but also leave deep psychological trauma due to emotional manipulation in fictitious relationships. This pattern of violence is formed through five stages: creating an attractive identity, seduction, requests for money, online sexual harassment, and the revelation of lies. However, the three main legal instruments in Indonesia—the TPKS Law, the ITE Law, and the Penal Code—do not explicitly regulate love scams as digital gender-based violence, leaving legal loopholes that harm victims. This study emphasizes the importance of harmonizing regulations with the principle of responsive law, so that legal protection is more adaptive to technological developments and the complexity of gender-based violence in cyberspace.
Law Enforcement against Children as Perpetrators of Victim Blaming in Sexual Violence Cases Pinta Prasetyaning Darma Fitri; Rini Fathonah; Gidayani; Fristia Berdian Tamza
Istinbath : Jurnal Hukum Vol 22 No 01 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i01.10569

Abstract

This study critically examines the phenomenon of children as perpetrators of victim blaming in cases of sexual violence. This dimension has received only a small portion of attention in legal and child protection policy studies. Using an empirical legal approach that combines normative analysis, case studies, and conceptual analysis, this study evaluates the effectiveness of the law enforcement system against children involved in blaming victims of sexual violence. The findings show that although there is a fairly progressive legal framework through Law Number 11 of 2012 concerning the Criminal Justice System for Children, its implementation has not substantively addressed the symbolic aspects of violence. First, legal narratives tend to place children as perpetrators in general, without considering the socio-cultural context behind victim blaming. Second, the penal system remains textual and lacks a rehabilitative approach consistent with restorative justice principles. Third, diversion mechanisms have not been optimized to address child perpetrators in cases of victim blaming as non-physical violence. Fourth, the weak literacy of law enforcement officials regarding the psychosocial and symbolic dimensions of violence results in responses that are procedural and non-transformative. This study suggests reinforcing legal interventions based on moral education, social recovery, and cross-sectoral involvement to prevent the replication of symbolic violence by children in their social spaces.
The Social and Philosophical Values of the Positivization of Islamic and Customary Law in Indonesia Nur Alifah; Roibin
Istinbath : Jurnal Hukum Vol 22 No 02 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i02.10590

Abstract

The complexity of the positivization of Islamic and customary law in Indonesia’s national legal system is not merely normative. However, it is also significantly influenced by social, political, and ideological factors. Although Islamic and customary law have considerable potential to contribute to the development of the national legal system, their integration often fluctuates depending on the prevailing political-legal configuration. This inconsistency underscores the importance of a socio-philosophical approach to understanding how moral values, cultural norms, and socio-political interests shape a national legal system that is both just and contextually relevant. This article explores the socio-philosophical dynamics of positivizing Islamic and customary law within Indonesia's national legal framework. Employing a qualitative approach and literature-based research method, this study focuses on three main issues: first, the position of Islamic and customary law in the development of national law; second, the process of their positivization; and third, a socio-philosophical analysis of that process. The socio-philosophical approach examines how moral values, cultural traditions, and socio-political interests influence legal positivization. The study finds that Islamic and customary laws interact constructively in developing the national legal system. However, the positivization process remains fluid and contingent on the prevailing political and legal climate. Furthermore, the socio-philosophical perspective reveals that incorporating Islamic and customary law reflects the nation's social structure, divine values and cultural identity. This approach is essential for understanding legal development holistically, ensuring that national law is not only formally just but also socially and culturally relevant.
Regulating Digital Privacy in Indonesia: The Practice of Data Subject Rights and Controller Duties in the FotoYu App Dwita Tarisa Putri
Istinbath : Jurnal Hukum Vol 22 No 02 (2025): Istinbath: Jurnal Hukum
Publisher : Universitas Islam Negeri (UIN) Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v22i02.11448

Abstract

The practice of personal data protection in artificial intelligence (AI)-based marketplace applications that utilize facial recognition technology (FRT) in Indonesia has not been comprehensively studied. This study analyzes the implementation of data subject rights and the fulfillment of data controller obligations by FotoYu under Law Number 27 of 2022 concerning Personal Data Protection (PDP Law). This study employs a normative juridical method, utilizing primary legal sources such as legislation, secondary sources including scholarly literature and doctrine, and tertiary materials as supporting references. The findings indicate that FotoYu and its Creators have not fully met the core obligations of data controllers, particularly regarding explicit consent, transparency, and effective data deletion mechanisms. Additional challenges arise from inaccurate FRT performance, limited regulatory frameworks on FRT and AI, the absence of implementing regulations for the PDP Law, and a lack of a dedicated data protection authority. This study contributes by providing a normative interpretation of PDP Law provisions in the context of AI-based FRT platforms and offers policy recommendations, including strengthening regulations specific to FRT and AI, accelerating PDP Law implementation regulations, and establishing an independent data protection authority to ensure effective oversight and law enforcement in Indonesia.

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