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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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Legal Protection of Women as Victims of Sexual Violence in Madadan Tana Toraja Amelinda, Ristia Desmonda; Suprobowati, Gayatri Dyah
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.v13i1.94729

Abstract

This research aims to find out and analyze how women are protected as victims of sexual violence in Madandan Tana Toraja. This is on the one hand because most victims of crimes against women, besides acts of violence, are sexual acts starting from acts of harassment (sexual harassment) to acts of sexual violence in the form of rape. Violence is any unlawful act with or without the use of physical and psychological means that poses a danger to life or body or results in the deprivation of a person's freedom. The Law No. 12 of 2022 Criminal Act of Sexual Violence (UU TPKS) as a whole reflects a progressive approach to dealing with sexual violence in Indonesia and is a significant step forward in efforts to prevent and handle sexual violence. This research is legal research, which examines it from a legal perspective using a normative juridical approach because the problem studied is closely related to law in books. Normative legal research is library research, namely research conducted from secondary data. The results of this research show that efforts to protect women as victims of sexual violence in Madandan Tana Toraja include each village having different traditional councils and rules regarding sexual violence. In fact, in this community, there is the highest customary sanction "ma'rambulangi" imposed on perpetrators and victims of crimes who are deemed to have polluted the traditional values that the local community upholds. If you look closely, especially for victims, apart from the psychological burden, the family also has to pay money for the victim's care costs, transportation costs during trials that are far away and the costs of the victim's psychological recovery.
Legal Protection of Traditional Medicines Against Biopiracy and Misappropriation: Ensuring Fair Benefit Sharing for Local Communities Yuliati, Yuliati; Widhiyanti, Hanif Nur; Pamungkas, Ayu Mustika
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.v14i1.104832

Abstract

Indonesia possesses rich traditional medicinal knowledge that has been transmitted across generations and constitutes an essential part of local communities’ cultural heritage. However, the modern commercial use of traditional medicines often occurs without fair benefit-sharing, leading to practices such as biopiracy and misappropriation. This research examines the adequacy of Indonesia’s legal framework in protecting traditional medicines against such exploitative practices. The findings demonstrate that despite Indonesia’s ratification of various international instruments—including the Convention on Biological Diversity, the TRIPs Agreement, and the Nagoya Protocol—legal protection for traditional medicinal knowledge remains fragmented and insufficient. Existing national regulations, particularly Law Number 36 of 2009 on Health and the Patent Law, provide only limited and indirect protection. Patent-based protection is difficult to apply due to the requirements of novelty and inventive steps, which are incompatible with the communal and hereditary nature of traditional knowledge. Although Article 26 of the Patent Law acknowledges traditional knowledge, it fails to offer comprehensive protection or ensure equitable benefit-sharing for local communities. This study concludes that Indonesia urgently requires a specific sui generis or umbrella legal framework to protect traditional medicines against biopiracy and misappropriation while ensuring justice, legal certainty, and fair distribution of benefits.
Restorative Justice Berbasis Kearifan Lokal dalam Penyelesaian Tindak Pidana Ringan di Era Digital Hasan, Yeti S.; Mooduto, Sarlis; Sholehah, Nur Lazimatul Hilma
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.v13i2.108339

Abstract

Restorative justice (RJ) has emerged as an alternative approach within the criminal justice system, particularly in resolving minor offenses. In Indonesia, RJ practices are closely intertwined with local wisdom that emphasizes consensus, reconciliation, and the restoration of social harmony. However, the digital era presents new challenges, as information technology not only accelerates case resolution but also raises issues of unequal access to justice. This study aims to analyze the practice of restorative justice, grounded in local wisdom, for handling minor criminal offenses and to examine its relevance within the context of legal digitalization in Indonesia. The research employed a qualitative method with a juridical-empirical approach, involving literature review, analysis of statutory regulations, and interviews with law enforcement officials and traditional leaders in Gorontalo. The findings reveal that local wisdom provides social legitimacy for RJ practices, thereby strengthening public acceptance of out-of-court settlements. Furthermore, legal digitalization, through e-justice and e-documentation systems, offers opportunities to expand access and transparency, although it still faces challenges related to infrastructure and digital literacy. This study underscores that integrating local wisdom with digital innovation is a strategic step to optimize the implementation of restorative justice in Indonesia. Therefore, it is crucial to formulate a digital legal framework that is adaptive to local values to promote substantive justice.
Analisis Dasar Kebijakan Menteri ATR/BPN dalam Penetapan Hak Pengelolaan Atas Tanah Ulayat Arthania, Yolva Febreight; Karjoko, Lego; Hermawan, Sapto
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.v14i1.116189

Abstract

Important resources Management rights over customary landnare a resource for human life and community welfare. Human life and community welfare are management rights over customary land. This study looks atnthe role of the state innland management, relevant laws, and land management rights, over land and natural resources. relevant laws, and constitutional rights to landnand natural resources. The aim is to evaluate how well the current laws in place and support the interests ofnthe community. Protect andnrealize the interestsnof the community. Collected through literature studies and using a socio-legal research approach along with a conceptual and legal framework. The results of the study emphasize then need for the government to establish a complete and clear legislative framework for land management, as well as the recognition and defense of 'indigenous peoples' land rights. To address land inequality and ensure equitable and sustainable use and distribution of land resources, this study suggests agrarian reform.
Implementasi Hak Keistimewaan Yogyakarta dalam Pengelolaan & Pemanfaatan Tanah Pelungguh dan Tanah Pengarem-Arem Ramadhan, Taufiq
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.v12i1.81317

Abstract

This research aims to identify problems and find solutions in the Implementation of Land Rights in the Field of Land Management and Utilization, as outlined in the Special Region of Yogyakarta Governor Regulation Number 34 of 2017 regarding the use of village land, especially in relation to Pelungguh land and Pengarem-arem land from the perspective of customary law. This research uses an empirical and descriptive research method with a qualitative approach. The types and sources of data used in this research are primary and secondary data. Data collection techniques used in the research include field studies and literature reviews, with data analysis using a qualitative method employing inductive reasoning. Based on the results of the research that has been carried out, it can be concluded that the implementation of Privilege Rights in the Land sector in the use of village land, especially Pelungguh land and Pengarem-arem land in Yogyakarta, has resulted in problems related to social injustice, maladministration, and incompatibility of Village Regulations with Governor Regulation No. 34 of 2017. The complexity of legal recognition has ultimately been simplified to create a meeting point between the law in the community and the positive law in effect, renewed to effectively address the issues at hand. This problem can be overcome by conducting an in-depth study to reformulate sub-district regulations by regulating the division of Pelungguh land and Pengarem-arem land.
Optimization of Bank Prudential Principles on MSME Loans in Batam City Setyawan, Rahmad; Seroja, Triana Dewi; Disemadi, Hari Sutra
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.v13i1.89777

Abstract

The Micro, Small and Medium Enterprises (MSMEs) sector has a significant role in Indonesia's economic development and is considered the main pillar of the national economy. The legal umbrella has been formulated by the government to protect the existence of MSMEs in carrying out their activities such as the distribution of Micro Business Credit (KUM) and People's Business Credit (KUR). However, there are still obstacles such as bad credit or Non-Performing Loan (NPL) which is a challenge in itself, so that the principle of prudence in banking needs to be enforced to manage the risk of bad credit as regulated in Law Number 10 of 1998 concerning Banking and confirmed in Bank Indonesia Regulations in order to maintain banking system stability and realize economic justice. This research uses empirical legal research method where the main focus is to analyze the effectiveness of the implementation of prudential banking principles in the distribution of equitable MSME loans in Batam City. The result of the research shows that there is a high commitment from the banks in Batam City in implementing the prudential principle through thorough and continuous evaluation of the legality, financial capacity, and collateral of prospective debtors, as well as regular monitoring of the development of MSMEs. These measures help maintain the Non-Performing Loan (NPL) ratio and support the sustainability of MSMEs in Batam City.
Penerapan Asas Restitutio In Integrum Terhadap Pinjaman Online Ilegal Yang Merugikan Masyarakat Wisnu, Aditya; Tejomurti, Kukuh
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.v14i1.105158

Abstract

Peer-to-peer lending are one of the fintech services that can affect the stability of the financial system in Indonesia. However, it is ironic that the number of legal peer-to-peer lending lags far behind the number of illegal ones circulating in society. Illegal peer-to-peer lending causes the society to suffer various losses, such as reduced or lost assets due to high interest rates, disruption of personal life due to violations of privacy rights, and damage to the sense of security and protection due to threatening collection practices. According to the principle of restitutio in integrum, a person who suffers losses due to unlawful acts is entitled to restoration of the situation to its original state prior to the violation. In this case, the affected society is entitled to compensation for losses incurred due to illegal peer-to-peer lending activities. Therefore, this study was conducted to determine the liability of illegal peer-to-peer lending for these losses, based on the principle of restitutio in integrum. The research method used to analyze the legal issues is normative/doctrinal legal research, which is prescriptive and applied. This approach uses a statutory and conceptual method based on literature, such as regulations, books, articles, and other sources related to legal issues. According to Djojodirdjo, four elements must be met for this principle to apply: unlawful act (onrechtmatige daad), fault (schuld), damage (schade), and causal connection (oorzakelijk verband). Based on the findings, illegal peer-to-peer lending that detrimental to society may be subject to the principle of restitutio in integrum. The public may sue for compensation for losses incurred due to illegal peer-to-peer lending, in the form of nominal, compensatory, or punitive damages.
Tindak Pidana Cyberbullying oleh Anak dalam Perspektif Undang-Undang ITE dan Sistem Peradilan Pidana Anak Hadi, Adwi Mulyana
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.v13i2.106262

Abstract

The advancement of information and communication technology has created a new space for acts of violence perpetrated by children, one of which is cyberbullying. This phenomenon is increasingly prevalent among adolescents, who generally lack a comprehensive understanding of legal boundaries in digital behavior. This study aims to analyze cyberbullying committed by minors from the perspective of Indonesian criminal law, particularly in relation to Law No. 1 of 2024 concerning the Second Amendment to Law No. 11 of 2008 on Electronic Information and Transactions (the ITE Law), and to examine the relevance of the restorative justice approach as stipulated in Law No. 11 of 2012 on the Juvenile Criminal Justice System (the SPPA Law). The research method employed is normative juridical with a statutory and case study approach. The findings indicate that cyberbullying acts committed by children may be classified as criminal offenses under Article 27 paragraph (3) and Article 28 paragraph (2) of the ITE Law. However, the imposition of criminal sanctions on minors must consider the principles of child protection and restorative justice as mandated by the SPPA Law. This study recommends the harmonization of the ITE Law and the SPPA Law, as well as the importance of digital legal education within families and schools to prevent the escalation of cyberbullying among minors. Accordingly, the legal approach to juvenile cyberbullying offenders should not solely focus on punishment but also emphasize rehabilitation and equitable social restoration.
Perkawinan Beda Agama Menurut Hukum Positif, Hukum Islam dan Hak Asasi Manusia di Indonesia Hermanto, Yunike Rahma
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.v12i1.85113

Abstract

Problems regarding marriage are becoming increasingly complex along with the development of Indonesian society. There are marriage cases that are worth debating because marriage is a legal action that has consequences for the married couple and the country where they live. One of them is interfaith marriage, which has become a current phenomenon. This kind of study is known as doctrinal or normative legal research. In addition to primary, secondary, and tertiary legal materials, this research will make use of secondary legal sources. The laws pertaining to interfaith weddings have been examined from a legal and human rights standpoint in order to conduct study into the fundamentals and systematics of law. The regulations in the marriage law do not clearly regulate interfaith marriages and do not explicitly state that interfaith marriages are prohibited. Customary law also does not provide an explicit explanation regarding interfaith marriages, there are customary laws that do not recognize interfaith marriages, and there are also customary laws that recognize them using several methods of recognition for orderly administration. However, in the Islamic context, interfaith marriages are considered absolutely haram and have the potential to cause controversy and disharmony in the household. Restrictions created by law regarding interfaith marriages do not violate human rights. Of course, if the law is made in accordance with morals, values, public order, security, and religious, it will not be considered a violation of human rights. Even though the Marriage Law and laws in Indonesia do not explicitly regulate interfaith marriages, in practice, people tend to follow existing religious and cultural norms, with the view that marriages should be between individuals who have the same religious beliefs.
Legal Politics of Zakat Empowerment in Indonesia (Dialectics of Islamic Fiqh Norms with Indonesian National Legal Policy) Hafidh, Ahmad
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.v13i1.101091

Abstract

This paper intends to reconstruct the shari'ah of zakat by opening the dialectic of shari'ah norms (fiqh) of zakat by optimizing the role of the Indonesian state in its law enforcement. Ushuly (philosophical) reasoning, especially the Maqashid as-Shari'ah approach, has an important role in this study, so as to produce a political solution to sharia law that is more empowering for efforts to realize Islam rahmatan lil'alamin. This research uses qualitative method with the object of analysis is the views of scholars who are concerned with fiqh zakat. The ideas they express, whether in the form of seminar papers, books, opinions, or others, will be used as primary data. The data that has been collected will be analyzed using discourse analysis, which emphasizes the elements of text, context and discourse. In this research, it is found that the effort to empower the sharia of zakat as an instrument to realize the welfare of Muslims has undergone various evolutions in its implementation in various regions of Muslim countries through ijtihad efforts both istinbathy (interpretative) and tathbiqy (applicative), as well as historical and philosophical studies, while still paying attention to the principles and normative provisions of fiqh in order to achieve the purpose of institutionalizing Islamic law (al maqashid ash-syari'ah).

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