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INDONESIA
Journal of Law, Society, and Islamic Civilization
Published by Universitas Sebelas Maret
ISSN : -     EISSN : 27762173     DOI : https://doi.org/10.20961/jolsic.v9i1.52836
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
The scope of the articles published in JoLSIC deal with a broad range of topics in the fields of law in general, but the main focus are in the Customary Law and Islamic Law provisions. The purpose of this journal is to promote research and studies on the topic of Islamic Law and Customary Law. JoLSIC provides a forum for academic researchers including students, as well as for practitioners of open legal publishing. Central topics of concern included, but not limited to a) Integration of Customary Law and Islamic Law b) Development of Islamic Law and Customaty Law c) Existance of Customary Law d) Islamic Economy Law Influnce e) Legal Pluralism f) Technical Challenges Faced in Corporating Islamic Law and Customary Law The Editorial Board invites the submission of essays, topical article, comments, critical reviews, which will be evaluated by an independent committee of referees on the basis of their quality of scholarship, originality, and contribution to reshaping legal views and perspectives.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 48 Documents
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Development of The Principle of Beneficial Ownership Identification of a Corporation and Their Implications for Tax Paying Obligation Tampubolon, Rizky Imanuel; Pati, Umi Khaerah
Journal of Law, Society, and Islamic Civilization Vol 12, No 1: April 2024
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v12i1.84480

Abstract

Business has a significant role in the Indonesian economy, contributing through tax revenue and foreign exchange. Nevertheless, violations such as manipulation and tax evasion by some companies can adversely affect economic growth. One strategy for tax avoidance is through Beneficial Ownership, especially with the treaty shopping scheme, which can result in significant losses in national tax revenue. The focus of this research is on the implementation of the "recognizing beneficial ownership" principle and increasing data transparency as a preventive measure against tax avoidance strategies. The aim of this study is to examine the implications of applying the principle of recognizing the beneficial ownership of corporations on tax payment obligations. This research uses a normative legal research method with a statutory approach. The implementation of rules related to beneficial ownership in Indonesia, especially after the enactment of Presidential Regulation No. 13 of 2018, is considered a key step in addressing tax avoidance. However, this study indicates that despite the regulations being in place, further preventive efforts are needed, such as the application of Limitation on Benefits and Principal Purpose Test, to prevent treaty shopping and ensure that transactions or agreements are not solely aimed at obtaining tax benefits.
Politik Hukum Pengadilan HAM Ad Hoc dalam Penegakan HAM di Indonesia Leksono, Avivah Firisqi; Fatimah, Siti; Alfarisi, Muhammad Adib
Journal of Law, Society, and Islamic Civilization Vol 13, No 2: Oktober 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i2.107662

Abstract

The Ad Hoc Human Rights Court was established under Law Number 26 of 2000 as a manifestation of the state’s responsibility to uphold justice for gross human rights violations in Indonesia. However, its effectiveness and judicial independence remain problematic due to the dominance of political interests. This study aims to analyze the legal politics of the Ad Hoc Human Rights Court through three dimensions: Ius Constitutum, Ius Operatum, and Ius Constituendum. The research employs a normative legal method with a juridical approach by examining positive legal norms, legal principles, and political dynamics that influence the court’s implementation. The findings reveal that in the Ius Constitutum dimension, the establishment mechanism requiring the approval of the House of Representatives (DPR) upon the President’s proposal opens room for political intervention and weakens judicial independence. In the Ius Operatum dimension, the court’s implementation shows low effectiveness due to weak evidentiary procedures, limited application of the command responsibility principle, and strong political interference. Meanwhile, the Ius Constituendum dimension highlights the need for legal and political reforms through regulatory revisions, institutional strengthening, and the creation of an independent mechanism to ensure substantive justice. Therefore, the legal politics of the Ad Hoc Human Rights Court remain elitist and symbolic, necessitating a reorientation to strengthen accountability, judicial independence, and the protection of victims’ rights in cases of gross human rights violations.
Analisis Yuridis Perselisihan dan Pertengkaran Sebagai Pemicu dalam Kasus Perceraian di Indonesia Janah, Miftah Agna Fin; Dewi, Ellys Kurnia; Lestari, Endah; Luthviati, Resti Dian
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.117040

Abstract

This journal discusses divorce in the legal context and the factors that trigger rifts in marriage. This journal aims to provide a deeper understanding of how domestic disputes and conflicts are positioned as legal grounds for divorce and how judges assess and consider them in judicial practice. This study employs a normative legal research method with a qualitative descriptive approach. The primary focus of this study is to examine law as norms, rules, principles, doctrines, and legal theories to address the legal issues raised. Data collected for this study through a literature review, which serves as the primary foundation of the research, includes an in-depth analysis of relevant information sources, literature reviews, and court decisions related to divorce. The main contributing factors include poor communication n, economic issues, domestic violence, and infidelity. The results of the analysis indicate that in some cases, irreconcilable disputes lead to divorce decisions motivated by the couple’s inability to live harmoniously. Persistent disputes demonstrate that a legal approach alone is insufficient. Synergy is required between preventive education to build harmonious families and maximum mediation within the judicial system to repair the rift before a final decision is reached.
Dialektika Pengangkatan Menteri Perspektif Al Mawardi dan Ibn Khaldun Hasim, Fuad; Maghfira, Saadatul
Journal of Law, Society, and Islamic Civilization Vol 12, No 1: April 2024
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v12i1.83758

Abstract

The appointment of ministers according to Imam Al-Mawardi and Ibn Khaldun is examined dialectically in this work. The issues found are how Imam Al-Mawardi defines the form of ministerial appointment, how Ibn Khaldun defines the form of ministerial appointment and how Imam Al-Mawardi and Ibn Khaldun argue about the form of ministerial appointment. This research, which is a library research using the Comparative Approach method, examines the dialog between Imam Al-Mawardi and Ibn Khaldun about the appointment of ministers. The findings of this study present a dialectical comparison between Imam Al-Mawardi and Ibn Khaldun regarding the review of Islamic constitutional law regarding the appointment of ministers. From the research results it is evident that Imam Al-Mawardi and Ibn Khaldun have very different perspectives on this issue, with Imam Al-Mawardi explaining in detail and clearly through his dialectic about how the legal requirements up to the appointment of a minister and the division of ministers in terms of their duties and responsibilities as servants of the caliph. Although what Ibn Khaldun says is obvious in this discussion of ministerial appointments, he provides an overview of the role of a minister in a state as well as the standards that govern ministerial appointments. Despite the variety of terminology used to express them, they all come to the same conclusion: set criteria and circumstances must be followed when a minister is nominated.
Analisis Yuridis Penyimpangan Prosedur Pengadaan Barang dan Jasa di PT Garuda Indonesia Fathullah, Abdusyahid Naufal; Islami, Edelweiss Aura; Salsabila, Khumaerastra Fika; Yuwono, Finda Pratiwi
Journal of Law, Society, and Islamic Civilization Vol 13, No 1: April 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i1.100856

Abstract

PT Garuda Indonesia is one of the leading state-owned enterprises (BUMN) in the aviation industry, expected to conduct procurement processes in accordance with the principles outlined in Presidential Regulation No. 16 of 2018 on Procurement of Goods/Services, as well as other relevant laws and government regulations governing BUMN. Given that procurement involves the use of state funds, improper management could result in financial losses for both the state and the company itself. In its procurement process, PT Garuda Indonesia implemented a limited tender method. However, in practice, distortions occurred to favor a predetermined winner, particularly in the procurement of Bombardier CRJ-1000 aircraft. This was achieved through manipulation of assessment criteria and leaking of information to specific parties, violating the fundamental principles of transparency, accountability, and responsibility, which should be upheld in every procurement process. This study aims to identify and analyze the modus operandi used in the aircraft procurement by PT Garuda Indonesia, as well as to examine the irregularities in the procurement of goods and services that may lead to corrupt practices within the company. The research method employed is normative legal research, which focuses on analyzing existing legal norms, including statutory regulations, legal doctrines, and fundamental legal principles, while also evaluating their implementation in practice.The corruption case involving the procurement of Bombardier CRJ-1000 aircraft by PT Garuda Indonesia (Persero) Tbk. (PT GIAA) and the procurement of ATR 72-600 aircraft at PT Citilink stands out as one of the most notorious cases in BUMN procurement history. This case significantly impacted state finances due to data manipulation, lack of transparency, and inconsistencies that deviated from the established criteria. Additionally, the irregularities in this procurement process have fueled public distrust toward Law Enforcement Officials (APH) in handling corruption cases within state-owned enterprises.
Is The Fate and Protection of Women as Domestic Workers are Responsibility of The State? Sasono, Satryo; Suprobowati, Gayatri Dyah; Septiano, Fatih Afrisal Bagus; Putri, Delasari Krisda
Journal of Law, Society, and Islamic Civilization Vol 13, No 2: Oktober 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i2.108522

Abstract

The issue of the protection of women and children in Indonesia is a strategic discussion considering the rampant cases of gender-based violence, domestic work as a profession that is mostly done by women and even children, and at the legal level, they must be protected by the state as mandated by the constitution to protect the entire community. The state is present as a mediator in this private sphere to protect children and women from the worst work, thus creating a socio-cultural society that cares about the slightest violence. What is needed is a legal construction that responds in terms of content, culture and structure. This paper uses a statutory approach, legal comparisons with several ASEAN countries and a conceptual approach. This research concludes that the legal vacuum for the protection of domestic workers gives the potential for wider gender violence even approaching TPPO (Trafficking in Persons), the Philippines is a good practice for the existence of the DW Bill and the establishment of a special monitoring unit for domestic workers facilitated by the state.
Enforcement of The Principle and Objective of Law Number 5 of Year 1999 on The Prohibition of Monopolistic and Unhealthy Business Competition Practices in Handling Business Competition Cases Widhiyanti, Hanif Nur
Journal of Law, Society, and Islamic Civilization Vol 12, No 1: April 2024
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v12i1.81743

Abstract

One of the cases that the KPPU had ruled on is the case of the suspected violation by PT. Indomarco Prismatama (KPPU Ruling Number 03/KPPU-L-I/2000). In the legal considerations, the KPPU used the principle and objective (Article 2 and Article 3 of Law No. 5 of Year 1999) as the juridical foundation. This situation appears to be special in the history of rulings made by a Council in Indonesia. Usually, violations are only considered to occur upon the execution of forbidden acts for which the elements of the acts have been stated clearly according to the article formulations of a certain Law. This research used the normative juridical approach. This research is a case study of KPPU Ruling Number 03/KPPU-L-I/2000 on the Suspected Violation of the Prohibition of Monopolistic and Unhealthy Business Competition Practices by PT. Indomarco Prismatama. From the research results, it can be concluded that there is a discrepancy with what is idealized (das sollen) by Law No. 5 of Year 1999, and thus the enforcement process for Law No. 5 of Year 1999 returns to the basic function of the formation of the Law, which is to unite ideal and real factors. Although textually the articles that are suspected to be committed by the Respondent cannot be proven, to achieve the ideals of Law No. 5 of Year 1999, the substance of Article 2 and Article 3 may become the foundation to evaluate whether the business activities conducted by the Respondent can be declared to violate Law No. 5 of Year 1999, whether by the concrete legal regulation or the principle and objective of formation of Law No. 5 of Year 1999. As the sanctions that are imposed by the KPPU must agree with the objective of the creation of Law No. 5 of Year 1999, in relation to the Indomaret case, the KPPU ruling is expected to be able to alter the behavior of the Respondent who did not pay sufficient attention to competitive balance, which is realized in the form of several kinds of sanctions as specified in the KPPU Ruling.
Pertimbangan Hakim dalam Perluasan Wasiat Wajibah di Luar Ketentuan Kompilasi Hukum Indonesia Puspantoro, Wikandaru Soni
Journal of Law, Society, and Islamic Civilization Vol 13, No 2: Oktober 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i2.109134

Abstract

This study analyzes judicial considerations in expanding the mandatory bequest (wasiat wajibah) beyond Article 209 of the Compilation of Islamic Law (KHI), which limits it to adoptive children or parents, through a case study of Religious Court Decision No. 375/Pdt.P/2023/PA.Gtlo, issued September 8, 2023, by Judge Drs. Syufudin Mohamad, MH. The ruling designates the deceased Yusuf Jantu bin Njdjulu Jantu's (died July 15, 2023) wife as primary heir, sibling descendants as substitutes, and Applicants 2 (Yeni Yantu), 7 (Olin Yantu), and 8 (Citra Dewi Kau) as recipients based on significant social-moral ties, verified by witness testimony under Article 173 KHI. The research addresses key issues: how judicial considerations influence wasiat wajibah application, the legal bases employed, and implications for legal certainty and justice in Islamic inheritance law.Using normative legal research with qualitative analysis, statute and case approaches, primary sources (court decision, KHI), and secondary literature, results show judges use flexible ijtihad to accommodate modern family dynamics and administrative asset management without disputes. Legal bases include Articles 174 and 209 KHI, Supreme Court Circular No. 03/2015, jurisprudence like No. 10K/Pdt/2016, and fiqh references such as Bughyatul Mustarsyidin, aligning with precedents (e.g., Nos. 368K/AG/1995, 489K/AG/2011, 2/Pdt.G/2011/PA-Kbj, 268/Pdt.P/2020/PA.Amb) handling religious pluralism and non-conventional ties, capped at one-third of assets. This expansion ensures justice Aristotelian distributive (proportional to contributions), Rawlsian (protecting disadvantaged without harming primaries), Al-Attas' 'adl (harmonious fitrah placement preventing zulm), and maqasid shariah (hifz al-mal and hifz al-nasl for welfare) fostering social harmony in pluralistic Indonesia. However, unclear criteria risk inconsistency and uncertainty, relating directly to the queried issues by highlighting progressive innovation alongside needs for KHI revisions (inclusive emotional/economic bonds), judicial training, public education, and digital verification to sustain procedural, distributive, and sharia justice.
Peran Visum et Repertum Psychiatricum dalam Implikasi Pembuktian terhadap Kasus Kekerasan Seksual di Perguruan Tinggi Atiyatunnajah, Megawati; Apriandhini, Megafury; Rajasa, Alvien Okta
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.117421

Abstract

Sexual violence is a form of Human Rights violation, particularly in the context of higher education, which has become a prominent issue. With numerous reports from victims, it can disrupt the educational process and the mental well-being of those affected. This research is important to understand the role of visum et repertum psychiatricum as evidence in cases of sexual violence in higher education, where this issue is increasingly urgent to address. The aim of this study is to analyze how visum et repertum psychiatricum can contribute to the evidentiary process and law enforcement against perpetrators of sexual violence. The methodology used in this research is a qualitative approach, involving document analysis and interviews with legal and psychological experts. The findings indicate that visum et repertum psychiatricum holds significant power in supporting victims' claims, providing objective evidence regarding the psychological impact experienced, and assisting judges in making fair decisions. The conclusion of this study emphasizes that the integration of visum et repertum psychiatricum in legal processes is crucial to enhance the effectiveness of handling sexual violence cases in higher education and to provide better protection for victims.
Perbuatan Melawan Hukum terhadap Sengketa Kepemilikan Hak Atas Tanah Masyarakat Adat Yusriyyah, Ririh Titis; Adlhiyati, Zakki
Journal of Law, Society, and Islamic Civilization Vol 12, No 1: April 2024
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v12i1.83655

Abstract

This article analyzes the tort of dispute over ownership of land rights located on customary land. The purpose of this article is to determine the unlawful acts against the law on disputes over ownership of land rights of indigenous peoples by examining the Decision of the Judge of the Kolaka District Court Number 31/Pdt.G/2021/PN Kka. The research method used is doctrinal or normative legal research. This research is descriptive in nature. The method of collecting legal materials by means of library research or document studies and legal materials used are primary and secondary legal materials. The results of this study discuss the customary law of land tenure in the Tolaki-mekongga indigenous community based on clearing forests, inheriting (Tiari), gifts or gifts of people (Pomboweehinotono), expiration (Puta), legal purchase (Mo'oli). Land tenure without these five methods is illegal because it has violated applicable customary law. Based on the results of research and discussion to answer the problem, it can be concluded that the unlawful act in the Kolaka District Court Decision Number 31/Pdt.G/2021/PN Kka regarding unlawful acts related to ownership of Kolaka customary land is a unlawful act categorized as unlawful acts against decency.

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