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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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The Urgency of Enacting the Asset Confiscation Bill for the Eradication of Corruption and Money Laundering in Indonesia Maulidah, Khilmatin; Sari, Ratna Kumala; Melissa, Aldisa; Fitryantica, Agnes
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.art5

Abstract

Corruption and money laundering are classified as extraordinary crimes due to their significant impact on state finances and their potential to destabilize the national economy. These crimes not only result in the direct loss of public funds but also undermine trust in state institutions, obstruct development programs, and damage Indonesia's international reputation. Given the magnitude of these threats, there is an urgent need for effective legal mechanisms to recover stolen assets swiftly and efficiently. This study explores the urgency of ratifying the Asset Confiscation Bill as a critical step in enhancing Indonesia’s legal framework for combating corruption and money laundering. Currently, Indonesia’s asset recovery mechanisms are limited by procedural constraints embedded in existing laws on corruption and money laundering. These laws generally require a court decision with permanent legal force before any assets can be confiscated. Such a requirement often hampers swift action and allows perpetrators to conceal or transfer illicit assets during lengthy legal processes. This study, which uses a normative legal research method, relies on an analysis of laws, legal doctrines, relevant literature, and legal dictionaries to assess the shortcomings of current asset confiscation regulations. The findings suggest that the Asset Confiscation Bill holds great potential to fill these legal gaps. If enacted, the bill could provide a legal basis for the non-conviction-based confiscation of assets, enabling law enforcement to act more decisively in reclaiming assets suspected to be linked to corruption or money laundering. Such a reform would significantly bolster Indonesia’s efforts to combat economic crimes and protect national financial integrity.
Copyright Infringement on Twitter: The Unauthorized Use of K-Pop Fan Photography by Fanfiction Author Azzamine Fairuzzaman, Fahmi; Almira, Sekar Diah Ayu
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.art6

Abstract

Photographic works shared publicly on social media platforms, particularly Twitter, are not exempt from legal disputes, especially concerning copyright infringement. This research focuses on two central issues: first, the extent of copyright protection granted to photographs taken and uploaded by K-Pop fans on Twitter; and second, the legal remedies available to the rightful owners when their photographic works are used without permission. Using a normative legal research methodology, the study adopts a statutory approach, analyzing relevant legal rules and norms that apply to copyright protection. The research relies primarily on secondary legal sources, including laws, legal doctrines, journal articles, and relevant case studies. The findings indicate that photographic works shared via Twitter are protected under copyright law, which includes both moral rights—such as the right of attribution and integrity—and economic rights, including the right to reproduce and distribute the work. When such works are used without authorization, the original creators or rights holders have the option to pursue both litigation and non-litigation paths. Litigation may involve filing a civil or criminal case in the Commercial Court. Meanwhile, non-litigation solutions include various forms of alternative dispute resolution (ADR), such as mediation, arbitration, negotiation, conciliation, and consultation. This study highlights the legal vulnerabilities surrounding fan-created content in online spaces and underscores the importance of respecting copyright protections, even within fan communities. It also emphasizes the available legal pathways to protect the rights of content creators in digital environments.
Constitutional Reinforcement of the Integration of Indonesian and Islamic Values Mahfud MD, Moh.; Heryansyah, Despan
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art2

Abstract

The importance of reaffirming the fundamental values of Indonesian arises from the emergence of issues such as radicalism, terrorism, intolerance, ethnicity, religious, racial, and intergroup-related conflicts, social and economic inequality, poor law enforcement and justice system, and many other social problems. This situation is further exacerbated by additional social, political, legal, and constitutional challenges. In addressing these issues, strengthening the rule of law based on the protection of human rights remains an imperative. However, reinforcing the fundamental values of Indonesian is equally crucial. Indonesian fundamental values are deeply rooted in and derived from the national identity of its people. This article focuses on three research questions. How to put religion and its values in the Indonesian fundamental values? How do Indonesian fundamental values deal with current political and legal turbulence? How does the implementation of Indonesian fundamental value pluralism in the legal system? This article is based on doctrinal research involving secondary data. This study found that Pancasila as the foundation of the state constitutes a modus vivendi or noble consensus, or mîtsâqon ghalîdzâ in a religious sense, so Indonesian Muslims should accept Pancasila as mîtsâqon ghalîdzâ. The strength of the national bond also stems from the commitment to the implementation of a unitary national law that is rooted in Pancasila, which generates hierarchical laws based on the 1945 Constitution of the Republic of Indonesia. As the state ideology, Pancasila constitutes the primary source of all legal sources. There should be no law conflicting with the precepts of Pancasila.
Reconciling Maṣlaḥah and the Rule of Distinction in the Yemen Conflict AL-Dafrawi, Ahmad Saad Ahmad; Yahya, Muhammad Tahir
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art3

Abstract

The prevailing discourse on armed conflict frequently asserts that the difficulty in safeguarding civilians does not arise from an absence of legal norms. Instead, it reflects the persistent failure of both state and non-state actors to comply with existing regulations, particularly those embedded in International Humanitarian Law (IHL). A closer examination, however, reveals that such non-compliance is often enabled by the strategic exploitation of ambiguities and structural weaknesses within the legal framework itself, regardless of the normative authority or humanitarian values these laws embody. The effectiveness of civilian-protection regimes therefore depends not only on the existence of legal provisions but also on their robust promotion, contextual legitimation, and implementation mechanisms that meaningfully engage and protect the intended beneficiaries. Against this backdrop, the present study conducts an in-depth exploration of the intersection between al-Maṣlaḥah (public interest) and the IHL principle of distinction within the specific context of Yemen’s protracted armed conflict. By adopting a case-study design supported by qualitative analysis of conflict documentation and reports, the research investigates how the synergy between al-Maṣlaḥah and the principle of distinction might inform more responsive and culturally grounded strategies to enhance civilian protection and reduce harm in complex and asymmetrical warfare settings. Drawing on Islamic jurisprudential thought, foundational IHL doctrines, and empirical evidence from Yemen, the study offers nuanced insights into both the structural challenges and latent opportunities for strengthening civilian-protection frameworks. Ultimately, it seeks to contribute to a more integrative and context-sensitive approach to civilian protection in contemporary armed conflicts.
Transforming Sharia Economic Dispute Resolution through E-Court for Simple, Fast, and Affordable Justice Asyiqin, Istianah Zainal; Fitriyanti, Fadia; Susila, M. Endriyo; Akbar, M. Fabian; Wirayudha, Dimas Putra
Prophetic Law Review Vol. 7 No. 2 December 2025
Publisher : Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/PLR.vol7.iss2.art1

Abstract

This study critically examines the implementation of the electronic court (e-Court) system in resolving Sharia economic disputes within Indonesia’s Religious Courts, focusing on selected jurisdictions in Jakarta, Yogyakarta, Central Java, and East Java. Introduced through Supreme Court Regulations No. 1 of 2019 and No. 7 of 2022, the e-Court system aims to modernize judicial processes and realize justice that is simple, fast, and affordable. Using a qualitative descriptive approach, the research draws on data from eight Religious Courts: East Jakarta, South Jakarta, Sleman, Wonosari, Sidoarjo, Surabaya, Pemalang, and Slawi, through interviews, observation, and document analysis. Findings show that while the e-Court system enhances administrative efficiency and transparency, its implementation remains uneven. Urban courts such as Jakarta and Surabaya demonstrate successful digital integration, whereas Wonosari, Pemalang, and Slawi face obstacles in infrastructure, internet access, and digital literacy. These disparities create hybrid practices and raise concerns about procedural validity and data security. From a prophetic law perspective, the e-Court reform embodies the moral ideals of humanization (amar ma’ruf), liberation (nahi munkar), and transcendence (tu’minuna billah). However, unequal access to digital justice contradicts these prophetic values. The study concludes that achieving ethical and inclusive digital transformation requires embedding prophetic legal principles into judicial policy to ensure that modernization serves humanity and justice, not merely administrative efficiency.

Page 8 of 8 | Total Record : 75

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