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Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Published by Universitas Islam Negeri Profesor Kiai Haji Saifuddin Zuhri Purwokerto
ISSN : 2615174X     EISSN : 26155648     DOI : https://doi.org/10.24090/volksgeist
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi has published by Sharia Faculty of UIN Prof. K.H. Saifuddin Zuhri Purwokerto. Volksgeist has a focus in publishing the research, and conceptual ideas which specific in the sector of Law science. The topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Constitutional Law, Islamic Constitutional Law, Criminal Law, Islamic Law, Civil Law, International Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Civil Procedural Law, Adat Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 165 Documents
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Implementation of Prudential Banking Principles: State Responsibility in Combating Banking Crimes in Indonesia Sulistyandari, Sulistyandari; Afwa, Ulil; Sutrisno, Putri Ayu; Nordin, Rohaida
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i2.12132

Abstract

The primary function of banks is to gather public deposits and extend credit. While banks aim for profit, they also play a crucial role in enhancing societal welfare, which requires adherence to prudential principles. Unfortunately, banking crimes committed by managers often occur, adversely affecting both the institutions and the public. This study explores the application of prudential principles in banking as a state responsibility, the nature of violations associated with banking crimes, and the enforcement of Banking Law in Indonesia. The research analyzes court decisions related to banking crimes from 2015 to 2020, focusing on the relevant legal substances. Employing a judicial normative method that includes statutory, conceptual, and case analyses, the findings indicate that violations typically arise from managers with decision-making authority and access to internal data, leading to breaches of Banking Law and standard operating procedures (SOPs). Courts respond to these violations with criminal sanctions, while the Financial Services Authority (OJK) revokes licenses as necessary. Recommendations include appointing OJK supervisors with banking expertise and clarifying Article 49, paragraph (2), letter b of the Banking Law to prevent misinterpretation.
Islamic Environmental Stewardship: A Sociological Approach to Hadith and Legal Frameworks for Ecological Responsibility Salman, Abdul Matin bin; Asmanto, Eko
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 2 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i2.12205

Abstract

This research analyzes the approach of Islamic law to environmental management through the study of Hadith from a sociological approach. The environment is an essential issue in the modern world, with various challenges related to nature conservation. Islamic law, mainly through the Hadith, provides moral and legal guidance on human responsibility towards the environment. This study explores how the Hadiths provide the basis for balanced and sustainable environmental management and how these principles can be analyzed using a legal sociology approach: the interaction between law and society. Using a qualitative method that combines the study of Hadith texts with sociological analysis, the study found a unity between Islamic law and social norms that promote environmental sustainability. Hadith underscores the importance of individual and collective responsibility in maintaining the balance of nature. At the same time, legal sociology highlights the role of community and social structure in implementing environmental rules. The results of this research aim to gain a deeper insight into the relevance of Islamic teachings in dealing with global environmental issues and to become the basis for developing a more holistic and integrated policy to preserve nature.
Guaranteeing the Rights of Children and Women Post-Divorce: A Comparative Study Between Indonesia and Malaysia Musaddad, Endad; Ishom, Muhammad; Mat Hussin, Mohd Norhusairi; Jambunanda, Ahmad Jamaludin
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

The enforcement of court decisions regarding custody (hadanah) and alimony (nafkah) for children and ex-wives post-divorce is frequently inadequate, with many husbands failing to comply. Although decisions based on legal provisions (rechtsspraack naar wetboeken) should be effective according to the principle of the Effectiveness of Law, numerous children and women in Indonesia suffer from the ineffective execution of judges' rulings in alimony and custody cases. Ensuring the rights of children and women after divorce can be improved through proper implementation of laws in a preventive, curative, and supportive manner. In Indonesia, the E-Mosi Caper application has been developed in Bengkulu Province, in collaboration with the PTA Bengkulu and local government, to enhance the effectiveness of laws concerning custody and alimony. This application could serve as a model for other regions. In contrast, Malaysia has established a Family Support Division (BSK) tasked with overseeing maintenance payments to support children and ex-wives after divorce. This study employs a comparative legal method to examine the frameworks for ensuring the rights of children and women post-divorce in both countries. The findings aim to highlight the effectiveness of the existing systems and after recommendations for improving law enforcement and protecting post-divorce rights.
The State's Responsibility in Preserving Local Culture: A Constitutional Law Perspective on the Practice of Akapalumba Jarangk Sahajuddin, Sahajuddin; Reza Amarta Prayoga; Ansaar, Ansaar; Hafid, Abdul; Sritimuryati, Sritimuryati; Sutisna, Entis
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

The state holds a fundamental responsibility to protect the human rights of its citizens, including the right to safety, as outlined in national constitutions and international law. Despite this, violations of these rights are often perpetrated by both state entities and non-state actors. This study aims to examine the state's role in safeguarding citizens' right to security, particularly in the context of human rights violations in Indonesia. Utilizing a normative juridical methodology that incorporates both statutory and case law analyzes, complemented by literature review, the research findings indicate that while national and international legal frameworks mandate the state to ensure citizen safety, actual implementation is inadequate. This is characterized by limited accountability and insufficient restitution for victims. Therefore, there is a pressing need for enhanced legal protection mechanisms and institutional reforms to ensure that the state's responsibilities are met and that the right to security is upheld as a fundamental aspect of human rights.
Toward a Holistic Legal Framework for Effective Waqf Implementation: Integrating Islamic Socio-Economic Models Hadi, Muhammad; Rum, Jalaluddin; Maguni, Wahyudin; Radiamoda, Anwar M.
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

Waqf is crucial in the improvement of community welfare and the resolution of socio-economic challenges.  Nevertheless, its implementation in Indonesia is beset by various legal, institutional, and managerial obstacles, such as insufficient regulations, a lack of public awareness, and inefficient governance.  This research aims to evaluate the legal framework for the effective integration of the Islamic socio-economic model into the waqf process.  This normative legal study employs a regulatory-legislative approach, conceptualization, and Lawrence M. Friedman's legal system theory to evaluate the efficacy of regulations concerning waqf.  The research's findings suggest that Indonesia's waqf regulations continue to encounter legal challenges, particularly in conjunction with the discordant regulations in settlement and the lax rules regarding productive waqf.  The effectiveness of the waqf administration is impeded by the lack of professionalism of the nazhir and the weaknesses in the supervision of the Indonesian Waqf Board (BWI) regarding legal structure.  In the meantime, the legal culture demonstrates that the community's low legal awareness results in the inadequate documentation of numerous waqf assets, rendering them susceptible to protection and underutilization.  Consequently, it is imperative to enhance the professionalism of nazhir, revise regulations, and digitize waqf management to improve transparency and efficiency.  Community participation and more stringent supervision are also necessary for optimizing waqf as an economic and social instrument.
Risk-Based Mining Investment in the Framework of Fair Legal Certainty Suhartana, Lalu Wira Pria; Asikin, Zainal; Haq, L. Muh. Hayyanul; Azizah, Mabarroh
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

Investment requires a legal system that provides certainty and justice for the community because policy changes are not enough without a market-oriented legal system to attract more investors.This study aims to analyze risk-based mining investment, in order to increase legal certainty in the mining investment sector. The approach used is the legislative, conceptual, and historical approach, by conducting dogmatic, theoretical, and philosophical legal studies. From this study it shows that. The rapid growth of investment flows not only affects the business aspect itself, but also affects the regulatory aspect of the host country. Indonesia's investment policy is driven by several factors such as lack of capital, experience and technology to cultivate economic potential into real economic power, so the use of foreign capital needs to be utilized optimally to accelerate economic development and regions or sectors that cannot be overcome by capital itself. Specifically in the implementation of the mining business, a shift towards a permit-based system is needed to increase regulatory clarity and the need for clarity in the division of authority between the central and regional governments to encourage community involvement in resource management. Mining business permits must be viewed as a preventive instrument aimed at controlling increasingly uncontrolled mining activities, in addition it turns out that mining activities are based on changing policies so that they often cause uncertainty in their implementation.
Interrogating the Legal Foundations of Digital Transformation: Balancing Economic Growth and Social Welfare in the Era of Disruption Anggono, Bayu Dwi; Wahanisa, Rofi; Sari A.P, Aulia Oktarizka Vivi Puspita; Adiyatma, Septhian Eka
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

Digital transformation has emerged as a crucial component of Indonesia’s national development strategy, recognized for its capacity to stimulate economic growth, enhance public services, and improve social welfare. However, the current approach tends to be technocratic, often overlooking vital legal, institutional, and justice-related issues. This study critically assesses examine the adequacy and coherence of Indonesia’s legal and institutional frameworks governing digital transformation to promote inclusive economic growth and social welfare. It identifies regulatory and institutional gaps and recommends strategic reforms for equitable digital governance. Employing a socio-legal methodology that merges doctrinal legal analysis with interdisciplinary insights from political science, economics, and sociology, this research evaluates key legal instruments and institutional practices, alongside global best practices, to determine Indonesia’s readiness for digital transformation. The findings indicate that Indonesia’s progress is hampered by fragmented and reactive legal frameworks, notable regulatory gaps—particularly in data protection and labor rights within the gig economy—and weak institutional coordination. These issues lead to policy inconsistencies, implementation delays, and the exacerbation of existing inequalities. To address these challenges, this study advocates for a systemic reconfiguration of digital governance grounded in democratic principles and inclusive participation. It proposes six strategic pillars: infrastructure, digital human capital, business climate and cybersecurity, research and innovation, funding and investment, and robust legal-regulatory frameworks, to ensure a just and sustainable digital transition.
Non-Judicial Activities of the Indonesian Constitutional Court: Do They Foster Judicial Reputation? Salman, Radian; Hamdi, M. Adib Akmal; Ristawati, Rosa; Hardt, Sascha
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

The Indonesian Constitutional Court is defined as a judicial body with specific competencies as stated in the 1945 Constitution. Given its significance and the heightened attention it receives from the public, the rulings of independent courts and impartial judges are vital for maintaining the reputation of the Indonesian judiciary and the public's confidence in its work. In addition to adjudicating cases, the Constitutional Court and its judges are involved in various non-judicial activities. This research article explores the reasons behind the Constitutional Court’s engagement in these activities, outlines the various types of non-judicial actions, and evaluates their effect on the court's reputation. The aim of this research is to establish a conceptual framework and assess the influence of non-judicial activities on judicial reputation by utilizing conceptual, statutory, and comparative frameworks, supported by empirical data from official documents.Top of Form The results show that the court participates in non-judicial activities to obtain benefits like increased popularity, public interest, visibility, preventing its decisions from being overturned by other judicial entities, and enhancing its reputation and influence. Often, these activities involve promoting the court's work to both local and international judicial communities to foster dialogue and connections with similar courts and stakeholders. Furthermore, non-judicial activities can influence public interest and engagement. While these initiatives benefit the institution, judges, and the public, they do not inherently improve the Constitutional Court's reputation, as its standing fundamentally relies on the quality of its decisions and its credible independence, impartiality, and integrity.
Enhancing Sustainable Development Efficiency Through a Single Smart City Platform: A Cost-Benefit Policy Perspective from Indonesia Amnesti, Sheila Kusuma Wardani; Adityo, Rayno Dwi; Zulaichah, Siti; Hariz, Hajar Salamah Salsabila; AllahRakha, Naeem
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

The issue of "application fatigue" among government agencies has led to a reluctance among user to download or engage with existing applications. The intent behind these applications is to digitalize government functions, particularly in enhancing public services. This article explores the application of cost-benefit analysis (CBA) regarding the development of smart city policies in Indonesia. Historically, smart city initiatives have often translated into the creation of new applications by both central and regional government entities. This study employs normative legal research, utilizing both a statutory and cost-benefit analysis approach to investigate smart city implementation. The findings that the current conditions for smart city development in Indonesia are regressing, primarily due to lack of central government regulations that serve as guidelines for these initiatives. The involvement of stakeholders is examined based on their authority and interests, which significantly influence the implementation of the single smart city platform. Furthermore, the cost-benefit analysis demonstrates the importance of establishing and implementing this single smart city platform as a means to enhance decision-making efficiency within government agencies. It is hoped that this article will serve as a recommendation for policymakers to conduct through analysis prior to program development to ensure feasibility and effectiveness.
The Design of Preventive Control on Local Delegated Legislation: A Case Study of Regional Head Regulations Siboy, Ahmad; Al-Fatih, Sholahuddin
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 1 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

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Abstract

This study aimed to map the urgency and design of preventive controls against Regional Head Regulations. Delegated legislations are regulations issued to carry out primary legislation. In the context of regional-level legislation, the Regional Head Regulation has a function as a delegated legislation for Regional Regulations (in bahasa well known as Peraturan Daerah (Perda)) so that it must be monitored and controlled to make it not deviate from its primary legislation or not conflict with higher statutory regulations. However, the form of control over delegated legislations at the regional level still needs to be regressive, not preventive. Preventive controls are needed to ensure the enactment of a Delegated legislation that does not harm the rights of citizens. The research problem in this study was to understand the control mechanism for the current and future local regulations, especially on regional head regulations. The results showed that preventive controls must support the repressive control that applies to regional delegated legislations to prevent the enactment of delegated legislations that can harm people’s rights, ultra vires, and others. The preventive control over regional delegated legislations can be in the form of preventive control conducted by the legislative, executive, and judiciary bodies.

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