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Dodik Setiawan Nur Heriyanto
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Prophetic Law Review
Published by Universitas Islam Indonesia
ISSN : 26862379     EISSN : 26863464     DOI : https://dx.doi.org/10.20885
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Prophetic Law Review is a law journal published by the Faculty of Law Universitas Islam Indonesia. The primary purpose of this journal is to disseminate research, conceptual analysis, and other writings of scientific nature on legal issues by integrating moral and ethical values. Articles published cover various topics on Islamic law, International law, Constitutional law, Private law, Criminal law, Administrative law, Procedural law, Comparative law, and other law-related issues either in Indonesia or other countries all over the world. This journal is designed to be an international law journal and intended as a forum for a legal scholarship which discusses ideas and insights from law professors, legal scholars, judges, and practitioners.
Arjuna Subject : Umum - Umum
Articles 75 Documents
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Indonesia-Singapore Realignment Agreement 2022: Quo Vadis Indonesia’s Air Sovereignty, Defense and Security? Putro, Yaries Mahardika; Felix Alexander Kurniawan; Britney Nathania Lielien Putrajaya; Sherren Laurencia
Prophetic Law Review Vol. 6 No. 2 December 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss2.art2

Abstract

In 2022, after a 76-year wait, Indonesia finally witnessed the fruition of the Agreement on the Realignment of the Jakarta Flight Information Region and the Singapore Flight Information Region. However, President Jokowi's statements created ambiguity, leading to widespread misconceptions that Indonesia's airspace sovereignty over the Riau Islands and Natuna was only established during his tenure through the FIR agreement in 2022. This research aims to evaluate the impact of the airspace adjustment agreement ratified in 2022 between Indonesia and Singapore on Indonesia's air sovereignty and explore potential legal remedies. The research methodology encompasses normative legal analysis, including statutory, conceptual, and historical approaches. From a sovereignty standpoint, the FIR agreement in 2022 has implications for violating Indonesia's airspace sovereignty. Past sovereignty violations resulting from the 1995 FIR agreement could resurface post-2022. Civil-military cooperation in air traffic management is needed to restore Indonesia's compromised airspace sovereignty fully. Moreover, the agreement's 25-year duration conflicts with Law Number 1 of 2009 on Aviation. To rectify this, a crucial legal step involves establishing a takeover agreement, rather than a mere realignment, of the FIR from Singapore, followed by ratification through legislation. The public can engage in a judicial review of Presidential Regulation No. 109 of 2022 at the Supreme Court. Additionally, it is imperative to advocate for creating an Airspace Management Bill to address these complex airspace sovereignty concerns.
The Paradigm of Science According to Thomas Kuhn and Prophetic Jurisprudence Bill Nope
Prophetic Law Review Vol. 6 No. 2 December 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss2.art3

Abstract

Prophetic Jurisprudence is a legal discipline based on the epistemological foundation of Islamic teachings derived from the Quran and Hadith. The framework of prophetic jurisprudence is built upon three prophetic ethical principles: humanization (‘amar ma’ruf), liberation (nahi munkar), and transcendence (tu’minuna billah). One relevant approach for reflecting prophetic Jurisprudence is the paradigm of science proposed by Thomas Kuhn. Kuhn argues that science revolves around five key terms or concepts: paradigm, scientific revolution, pre-paradigmatic stage, normal science, and anomaly. The research questions in this study are as follows: (1) How can prophetic jurisprudence be accepted as normal science when based on Thomas Kuhn's paradigm of science? and (2) How can prophetic jurisprudence be applied to Indonesian society based on the thinking of Thomas Kuhn? This normative legal research reveals that the process of prophetic jurisprudence becoming normal science is still faced with the challenge of positioning prophetic jurisprudence as a product that needs to be systematic, logical, and open. Prophetic jurisprudence still requires tools, resources, and methods to address legal issues in the empirical world. The paradigm of prophetic jurisprudence has provided tangible examples of scientific practices through thought and research within the tradition of scientific inquiry that underlies scientific practices during a specific period. Prophetic jurisprudence is confronted with Indonesian society, which is positivist, pluralistic, and liberal and requires fast, decisive, and concrete legal solutions accompanied by sanctions.
The Criminalization of Environmental Harm: Theoretical Perspectives in the European Union Krisztina Ficsor
Prophetic Law Review Vol. 6 No. 2 December 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss2.art1

Abstract

Climate change poses a serious threat to the health and well-being of people and the environment and is one of the most pressing issues facing the European Union today. The damage caused by rising global temperatures, extreme weather events, and the resulting environmental degradation are not only ecological concerns but also directly impact human life. The greatest challenge for states worldwide is to find out how to combat climate change and its consequences with legislation. This situation demands a reevaluation of legal liability in the context of environmental harm. Traditional legal approaches often focus on punishing individual transgressions and direct harm, but climate change and environmental damage are collective and long-term problems that require a more systemic approach. The complexity of the problem comes from the fact that climate change and its serious consequences are the result of human action. However, most of these actions are legal. The special features of environmental harm and damage must encourage governments to reconsider the concept of legal liability and other general issues concerning the function of law.  With normative legal methodology, this essay elaborates on these issues from the perspective of European Criminal Law and the criminalization of environmental harm.
Islamic Law Reform: Achieving Grace through Tahlil & Tawasul Caswito; Yahya Zainul Muarif; Abdul Aziz
Prophetic Law Review Vol. 6 No. 2 December 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss2.art5

Abstract

The study's originality lies in its balanced approach to the highly debated practices of tahlil and tawasul within Indonesian society. Unlike previous works that often align strictly with these practices' legalistic critique or cultural defense, this research comprehensively explores these practices, integrating legal and societal perspectives. By employing a qualitative, descriptive exploratory method supported by an extensive literature review, the study goes beyond the surface-level debates to uncover the more profound cultural and social significance of tahlil and tawasul. The study fills a gap in the existing literature by addressing the lack of nuanced discourse on these practices, particularly regarding their evolution from religious rituals associated with death to broader expressions of local wisdom and community bonding. It offers a fresh perspective on how these practices can be understood as religious customs and vital elements of social cohesion and cultural identity in Indonesia. Furthermore, the study bridges the divide between opposing views by advocating for mutual respect and recognizing tahlil and tawasul as part of the rich tapestry of Islam in the country. This approach contributes to the ongoing conversation about the role of local traditions in Islamic practice, promoting a more inclusive understanding that acknowledges the diversity of religious expression within the Muslim community.
Legal Protection of Indonesian Citizens Who Are Victims of Human Trafficking in Myanmar Azalia, Vania; Fahrazi, Mahfud; Hariyana, Trinas Dewi
Prophetic Law Review Vol. 6 No. 2 December 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss2.art4

Abstract

This research examines the legal protections available to Indonesian citizens who are victims of human trafficking in Myanmar, focusing on the alignment of Indonesia's domestic laws with international standards. Specifically, it scrutinizes the harmonization of legal protection for witnesses and victims of human trafficking under Act Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons with the protocols established by United Nations Convention against Transnational Organized Crime, particularly its supplement, the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women, and Children. The study adopts a legal research methodology using a comparative law approach to analyze domestic and international legal frameworks. It investigates how well Act Number 21 of 2007 integrates the provisions of the UNTOC, noting areas of strong alignment and aspects that require further enhancement. The research finds that while Act Number 21 of 2007 is largely in sync with the UNTOC, it falls short in incorporating specific provisions for the special needs of trafficking victims, such as psychological support, housing, and rehabilitation services. The findings highlight significant steps taken by the Indonesian government to protect its citizens from human trafficking but also underscore the need for a more comprehensive approach that includes provisions for the unique needs of victims. The study advocates for amendments to the national legislation to fill these gaps and suggests a more robust framework for international cooperation to combat human trafficking in the region effectively.
Relationship Between Environmental Permitting Laws and Economic Development from the Perspective of Maqashid al-Shariah Achmad Muchsin
Prophetic Law Review Vol. 6 No. 2 December 2024
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol6.iss2.art6

Abstract

Economic development is fundamentally aimed at fulfilling human needs. The ever-increasing human needs are inversely related to the environment's declining support and carrying capacity. This condition demands efforts to ensure that human needs are met while environmental sustainability is maintained. One legal instrument used to regulate the interaction between humans and the environment to fulfill human needs while preserving the environment is through environmental permitting laws. The essence of using the environmental permitting legal instrument to regulate the interaction between humans and the environment aligns with the basic principles of maqashid al-shariah, namely jalbul mashalih wa dar'u al mafasid (bringing benefits and avoiding harm/damage). This study seeks to answer the question, "How is the relationship between environmental permitting law and economic development from the perspective of maqashid al-shariah?" This is doctrinal legal research using legislative, conceptual, and philosophical approaches. Data collection was conducted using document studies, while data analysis was performed using qualitative data analysis techniques. The research findings indicate a relationship between environmental permitting law, economic development, and maqashid al-shariah. From the perspective of maqashid al-shariah, economic development aimed at fulfilling human needs and using environmental permitting legal instruments to regulate the interaction between humans and their environment is an implementation of jalbu al mashalih wa dar-u al mafasid.
The Appellate Body Crisis: Challenges and Reforms to the World Trade Organization Dispute Settlement Mechanism Hameed, Meeran; Sutrisno, Nandang; Duffy, Frances Annmarie
Prophetic Law Review Vol. 7 No. 1 June 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss1.art1

Abstract

The World Trade Organization’s Appellate Body—the keystone of the organization’s two-tier dispute settlement mechanism—has been immobilized since December 2019, when the United States repeatedly withheld consent for the appointment of new judges, thereby breaking the quorum required to hear appeals. This paralysis has triggered cascading operational, legal, and political consequences. Drawing on doctrinal analysis of WTO agreements and a focused case study of recent unresolved disputes, this article charts three interlinked effects of the gridlock. First, it has produced an expanding backlog of appeals and encouraged so-called “appeals into the void,” leaving panel reports in limbo and eroding legal certainty for traders and governments alike. Second, the impasse has incentivized members to experiment with ad hoc alternatives—most notably the Multi-Party Interim Appeal Arbitration Arrangement—risking fragmentation of jurisprudence and unequal access to justice across the membership. Third, the stalemate has weakened trust in the WTO’s ability to enforce multilateral rules at a moment of intensifying geopolitical rivalry, undermining incentives for future rule-making on issues such as digital trade and climate-related measures. This study argues that narrowly framed procedural fixes are insufficient; instead, a holistic reform package is required. Recommended measures include a time-bound and automatic judge-appointment process insulated from single-member vetoes, streamlined appellate procedures to curb excessive litigation delays, and a renewed political compact—possibly codified in a ministerial declaration—reaffirming shared commitments to an independent and binding dispute settlement system. Restoring a credible and predictable appellate function is indispensable for preserving the WTO’s centrality in global trade governance and for sustaining confidence in a rules-based international trading order
Press Freedom and Its Relevance to the Theory of People's Sovereignty In the Indonesian Legal Regime Syafriadi; Santri, Selvi Harvia
Prophetic Law Review Vol. 7 No. 1 June 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss1.art3

Abstract

Press freedom in Indonesia intersects closely with the doctrine of popular sovereignty, yet its boundaries vis-à-vis state authority remain contested. Adopting a normative-juridical methodology with qualitative descriptive analysis, the research reviews constitutional provisions, statutes, judicial decisions, and scholarly commentary. Findings show that Indonesia’s normative commitment to a free press resonates with Jean-Jacques Rousseau’s concept of popular sovereignty, under which the state may regulate public life without extinguishing civil liberty. Second, despite guarantees in Article 28F of the 1945 Constitution and Law No. 40 of 1999 on the Press, journalists face political intimidation, media-ownership concentration, and insufficient legal protection and conditions that chill independent reporting. Consequently, press freedom functions as a barometer of popular sovereignty; an informed populace can exercise self-government only when information circulates freely, objectively, and responsibly. To bridge the gap between constitutional promise and daily practice, the article recommends amending the Press Law to strengthen newsroom independence, define interference penalties, and expand the Press Council’s authority to enforce ethical standards and safeguard journalists. Such reforms are essential to balancing state regulation with citizens’ right to reliable information and reinforcing Indonesia’s status as a constitutional democracy rooted in the people's sovereignty.
Enforcement of Sharia Criminal Offences in Cyberspace: Challenges from Malaysian Legal Perspective Saifuddin, Suhaizad; Hashim, Fatimah Yusro; Zahir, Mohd Zamre Mohd; Halim, Asma Hakimah Ab
Prophetic Law Review Vol. 7 No. 1 June 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss1.art2

Abstract

The enforcement of Sharia criminal law in Malaysia faces substantial challenges in the digital era, where technological advancements have blurred traditional legal boundaries. Certain Sharia criminal offences committed in cyberspace remain difficult to prosecute due to jurisdictional limitations, evidentiary constraints, and the absence of specific legal provisions. These challenges underscore a growing disconnect between the enforcement of Sharia criminal law and the rapid evolution of digital technologies. This article examines the enforcement of Sharia criminal offences in cyberspace from the Malaysian legal perspective and proposes practical legal solutions to bridge the identified gaps. Employing a qualitative and doctrinal methodology, data were gathered through library-based research, statutory analysis, a review of reported cases, and relevant newspaper reports. The data were analysed using content analysis and descriptive methods. In addition, a comparative approach was adopted to assess the extent to which evidentiary and procedural frameworks from the common legal system in Malaysia could be adapted to enhance the effectiveness of Sharia criminal enforcement. In response, this article recommends targeted legislative reforms to enhance the Sharia legal system's capacity to address cyber-related offences, thereby ensuring that the enforcement of Sharia criminal law remains relevant and effective in the context of modern technological developments.
Legal Protection of Children's Rights Post-Divorce: A Study of Single Mothers in Malang Regency Fardindaputri, Fairuza ‘Alima; Hasanudin, Fuat
Prophetic Law Review Vol. 7 No. 1 June 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss1.art4

Abstract

This study critically examines the capacity of single mothers to enforce child support obligations against former husbands following divorce proceedings in Malang Regency, Indonesia. The research adopts a qualitative fieldwork approach, employing purposive (non-probability) sampling to select participants. Data were collected through in-depth interviews with divorced women who have legal custody of their children, specifically those whose children were minors at the time the divorce decree was issued. According to Article 41 of Law No. 1 of 1974 on Marriage and Article 156 of the Compilation of Islamic Law, the financial responsibility for the maintenance and welfare of children rests with the father until the child reaches the age of 21, marries, or becomes economically independent. However, the reality encountered by many single mothers deviates sharply from this legal expectation. Many ex-husbands fail to comply with child support obligations, leaving mothers to bear the full financial and emotional burden of child-rearing. Interviews revealed several contributing factors to this negligence, including the ex-husband’s lack of personal responsibility, economic incapacity, unknown whereabouts, and interference from third parties such as new spouses or family members. Although Indonesian law provides mechanisms for legal enforcement of child support, the findings indicate that very few single mothers pursue formal legal action. This reluctance is attributed to strained interpersonal relationships, concerns over the child’s psychological well-being, the complexity and cost of legal procedures, and a general lack of faith in the efficacy of the legal system. The study concludes that existing legal frameworks are insufficient to guarantee effective enforcement of child support, as there is no specialized legal policy tailored to the unique vulnerabilities faced by single mothers. This regulatory gap underscores the urgent need for legal reform that prioritizes the welfare of children and ensures compliance with parental responsibilities post-divorce.

Page 7 of 8 | Total Record : 75

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