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INDONESIA
DIKTUM: JURNAL SYARIAH DAN HUKUM
Published by Institut Agama Islam Negeri Parepare
ISSN : 16931777     EISSN : 25488414     DOI : https://doi.org/10.35905/diktum
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Family in Law, Islamic Law, Islamic Jurisprudence Studies, Islamic Economy Law, Islamic Political Jurisprudence, Islamic Comparative Law and Islamic Astronomy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 296 Documents
 26   27   28   29   30 
Seeking Alternative of Trademark Cancellation in Indonesia: From Trademark Law to Religious Ethical Corporative Theory Davinia, Sonya; Kansil, Christine S.T.
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.13036

Abstract

Background: Trademark disputes in Indonesia often arise due to similarity in principle (persamaan pada pokoknya) and bad faith registration, as regulated under Law No. 20 of 2016 on Trademarks and Geographical Indications. However, Indonesia’s legal framework lacks clarity in protecting famous marks, preventing dilution, and ensuring procedural fairness in cancellation cases. A comparative analysis with Germany’s Markengesetz (Trademark Act) and an ethical assessment through Religious ethical Corporative Theory reveal critical gaps in Indonesia’s approach Purpose: This study aims to analyze the legal, economic, and ethical implications of trademark cancellation in Indonesia, comparing its framework with Germany’s trademark system while incorporating Islamic corporate responsibility principles Methods: The research employs normative legal analysis, integrating statutory interpretation, comparative legal research, and doctrinal analysis. Primary sources include Indonesian and German trademark laws, while secondary sources consist of journal articles, case law, and intellectual property treaties. The study also applies Religious ethical Corporative Theory to examine the moral and reputational consequences of bad faith trademark practices. Results: The study finds that Indonesia’s trademark cancellation system lacks procedural safeguards, particularly in protecting famous marks against dilution and bad faith registration. Unlike Germany’s Markengesetz, which establishes strict criteria for likelihood of confusion and dilution, Indonesia's legal provisions remain vague, leading to inconsistent enforcement and potential legal exploitation by multinational corporations. Additionally, from an Islamic corporate ethics perspective, bad faith trademark registration is not only a legal violation but also a breach of business accountability (Mas’uliyyah tijariyyah), warranting both legal and ethical remedies. Implication: This study provides three key contributions: (1) A comparative legal analysis demonstrating the need for stronger trademark protection mechanisms in Indonesia; (2) Integration of Islamic corporate ethics, highlighting moral accountability beyond legal compliance; and (3) Policy recommendations, urging Indonesia to adopt clearer evidentiary standards, align with international trademark regimes, and implement ethical accountability frameworks. By bridging legal, economic, and ethical perspectives, this study offers a novel framework for analyzing trademark disputes in emerging markets. Originality: Integration of Islamic corporate ethics, highlighting moral accountability beyond legal compliance
Building Legal Identity: MUI South Tapanuli’s Advocacy for the Growth of Islamic Criminal Law in Indonesia Rita, Rita Defriza; Ade Arga Wahyudi; Ahmad Faisal
DIKTUM: Jurnal Syariah dan Hukum Vol 22 No 2 (2024): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v22i2.11435

Abstract

The discourse on the implementation of Islamic Criminal Law in Indonesia has been a subject of dynamic development, particularly as Islamic values gradually influence national legal frameworks. Against this background, this study aims to explore the perspectives of the Indonesian Ulama Council (MUI) in South Tapanuli regarding the application of Islamic Criminal Law and its relevance to the Islamic Criminal Law academic program. Employing a descriptive qualitative approach, the research captures and analyzes the views of MUI administrators across four regencies and one city in South Tapanuli, using interviews and documentation studies to reveal their perceptions. The findings demonstrate that although Islamic Criminal Law has not yet been fully codified into Indonesia’s positive law, it increasingly serves as a foundational reference in the evolution of the country's criminal legal system. The MUI of South Tapanuli unanimously supports the continuation and strengthening of the Islamic Criminal Law study program, emphasizing its strategic role in bridging Islamic legal principles with societal legal awareness. The study implies that academic institutions and policymakers must collaboratively promote integrative models that harmonize Islamic legal education with national legal development. The novelty of this research lies in its empirical focus on regional ulama perspectives as a grassroots reflection of the socio-legal integration process, offering a rare insight into the localized dynamics of Islamic law adaptation in Indonesia
Sociocultural Dynamics of Islamic Legal Reform Across Muslim-Majority Countries: A Comparative Perspective Ahmad, Mansur; Wathoni, Lalu Muhammad Nurul; Sainun; Saidah
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.13072

Abstract

Background: Islamic law exists in a fluid and contentious realm inside modern Muslim-majority states, where its application embodies both theological beliefs and sociopolitical frameworks, as well as cultural perceptions. Purpose: This study seeks to evaluate the sociological elements affecting the implementation of Islamic law in Indonesia, Brunei Darussalam, and Saudi Arabia, emphasizing the roles of legal pluralism, state ideology, and religious authority in its enforcement Methods: The study employs a qualitative-comparative methodology, utilizing document analysis and secondary data review to examine the historical evolution, legal frameworks, and sociocultural contexts that support Islamic law in the three nations Results: The findings indicate that Brunei and Saudi Arabia implement Islamic law inside monarchical and theocratic structures, but Indonesia reconciles Islamic principles within a pluralistic legal framework shaped by democracy, adat, and secular constitutionalism Implication: This article theoretically enhances Islamic legal scholarship by contextualizing Islamic law within sociological and reception-focused frameworks, demonstrating that its legitimacy arises from intricate interactions among tradition, state, and society. The research provides insights for policymakers to formulate context-specific legal reforms that take into account normative Islamic ideals and varied sociocultural situations. Originality: Sociological perspective and cross-regional analysis, which transforms the discussion of Islamic law from strict doctrinarism to fluid social practice within the worldwide Muslim community
A Culturally Adaptive Model of Rehabilitative Justice across Secular and Islamic Approach Purnama Sari, Imma; Haiti, Diana; Nurunnisa
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.13131

Abstract

Background: Contemporary criminal justice systems are increasingly challenged to balance punitive measures with rehabilitative goals, particularly in culturally diverse and legally pluralistic societies. While secular models, such as those found in Norway, emphasize rights-based rehabilitation, Islamic-majority countries like Malaysia and Indonesia navigate complex intersections between religious ethics and secular legal frameworks. Purpose: This study aims to investigate how secular and Islamic approaches to rehabilitative justice are operationalized across three jurisdictions—Norway, Malaysia, and Indonesia—and to identify pathways for integrating ethical, institutional, and empirical insights into a cohesive, context-sensitive reform model Methods: Employing a qualitative-comparative design, the research combines normative legal analysis, socio-legal investigation, and thematic content analysis. Primary sources include national legal documents, prison policies, international reports, and expert interviews Results: Findings reveal that Norway’s secular rehabilitative system achieves strong empirical outcomes through individualized, rights-based practices; Malaysia partially integrates Islamic ethical principles into correctional programs with measurable, though uneven, success; while Indonesia’s fragmented legal system relies largely on grassroots religious initiatives without formal institutional integration, resulting in persistently high recidivism Implication: The study contributes both theoretically and practically by demonstrating that ethical pluralism—rather than creating fragmentation—can enrich rehabilitative justice if systematically integrated. For policymakers, the findings suggest the need to embed both secular human rights and religious ethical commitments into penal reform strategies, particularly in Muslim-majority and legally hybrid societies. Originality: This article advances the literature by offering one of the few cross-jurisdictional, empirically grounded comparative studies that bridge secular and Islamic rehabilitative frameworks, challenging binary understandings and proposing an integrative, ethically robust model for justice reform
Pre-Prosecution Efficiency and Islamic Justice: Revisiting the Role of Public Prosecutors in Indonesia Riyawan, Dara Puspita; Aji Lukman Ibrahim
DIKTUM: Jurnal Syariah dan Hukum Vol 22 No 2 (2024): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v22i2.13478

Abstract

This study examines the optimization of the pre-prosecution process in handling criminal cases by the Public Prosecutor at the Attorney General's Office of the Republic of Indonesia. Using normative legal research methods supported by interviews and direct observation, this study aims to identify obstacles in the pre-prosecution process and formulate efforts to resolve them. The results of the study indicate that there are seven main obstacles in the pre-prosecution process, namely: limited coordination between law enforcement agencies, limited time stipulated in the Criminal Procedure Code, incomplete case files, inability of investigators to fulfill the instructions of the public prosecutor, legal uncertainty in the process period, differences in legal interpretation between investigators and public prosecutors, and workload and limited human resources. This phenomenon is illustrated through a case study of the sea fence in the coastal area of ​​Tangerang which shows the complexity of the problems of coordination and legal interpretation in the criminal justice system. As an effort to resolve, this study identifies four main strategies that have been and need to be implemented, namely: the formation of an integrated coordination team, the implementation of joint case titles, the preparation of technical administrative guidelines, and periodic monitoring and evaluation. This study recommends strengthening inter-agency coordination mechanisms, revising criminal procedure law provisions related to time limits, increasing human resource capacity, developing information technology in case handling management, and strengthening internal and external supervision to optimize the pre-prosecution process in the Indonesian criminal justice system.
The Phenomenon of Legal Exception in Indonesian Legal Pluralism: Soi, Andi Bahri; Murdan, Murdan
DIKTUM: Jurnal Syariah dan Hukum Vol 23 No 2 (2025): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v23i2.13130

Abstract

Background: The legal exception in the study of legal pluralism revealed in this article is not in the context of procedural law. This study highlighted the use of “exception” term. Legal exception is defined as an exception or not included in one carriage of legal reasoning. Through the judge's court decision No. 089/Pdt.G/2010/PA.GM on the Application for Polygyny Permit. Purpose: This paper aimed to explore and analyze the legal exceptions on plurality legal context of Indonesia related to the issue of hypersexuality and gender justice in polygyny case of Sasaknese Muslim Mariage in Lombok West Nusa Tenggara. Methods: A qualitative normative approach is employed; departing from the legal facts spesifically in Giri Menang Religious Court, the analysis and discussion applyed in this paper are the reasoning, paradigm, approach, and flow of socio-legal studies in law and society issue. Results: The findings indicated that the partiality of the judge's reasoning by ignoring the term legal exception in the context of legal pluralism. The judge's decision on the polygamy permit was not based on real legal rationality, but due to the applicant experienced by hyper sexuality. The odd thing of judge's reasoning only considers State Law and Religion, and ignores the Customary Law of Sasak marriage. While the Indonesian marriage law, there is no law that permits a husband to engage in polygamy based on the hypersexuality or other suffers deseases of husband. However, the law allows a husband to be polygamous on the basis of an incurable disease of the wife. Implication: The serious implication of this study espoused the distortion of the existence of customary law due to the strongest hegemony of state and religious law. Therefore various further studies are needed to reveal the relevance of customary law to positive law in Indonesia. Originality: The novelty presented in this article are the response of religious court judges to the existence of legal plurality in Indonesia, namely State Law, Religious Law, and Customary Law. The court decision emphasized that judges obey only for state and religious law, and ignored for the customary law. Even though the legal plurality of Indonesian society is directly protected by the constitution
Evidentiary Strength of Electronic Evidence in Civil Disputes within the Framework of Bayyinah: A Case Study of Decision No. 22/PDT.G/2021/PN DGL Valentdava Wahyudi, Aurell; Winanti, Atik
DIKTUM: Jurnal Syariah dan Hukum Vol 24 No 1 (2026): DIKTUM: Jurnal Syariah dan Hukum (Inpress)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i1.14748

Abstract

Background: The advancement of information technology in the digital era has introduced new dimensions to legal proceedings, particularly through the emergence of electronic evidence. This includes screenshots of digital conversations, electronically produced documents, and other forms of digital records. These new evidentiary types have begun to play a significant role in civil litigation, including inheritance disputes. In the Indonesian legal system, the increasing reliance on electronic documents presents both opportunities and challenges. Questions arise concerning the admissibility, authenticity, and legal force of such evidence, especially in sensitive cases like inheritance, where traditional documentation is often favored. This paper specifically addresses the complexity surrounding the evaluation and use of electronic evidence in Indonesian civil courts, emphasizing its growing importance in delivering justice in the modern legal landscape. Purpose: This study examines the judicial assessment of electronic evidence in inheritance disputes through a case study of Decision No. 22/PDT.G/2021/PN DGL at the Donggala District Court. The research aims to analyze how electronic communications, particularly WhatsApp chats, are evaluated as valid proof under Indonesian civil procedural law and their relevance to the Islamic legal concept of bayyinah. Methods: Using a normative juridical approach with statute and case analysis, the study reviews primary legal sources, including the Civil Code, the Herziene Indonesisch Reglement (HIR), and the Electronic Information and Transactions (EIT) Law, complemented by secondary literature Results: The findings reveal that the court recognized electronic evidence as valid proof when it met formal requirements (printing, stamping, and verification) and material requirements (relevance and uncontested authenticity). The Defendants’ electronic submissions were deemed legally sufficient to prove the transfer of property during the decedent’s lifetime, whereas the Plaintiff’s evidence was rejected for lack of probative value. Implication: The study highlights the need for clearer judicial guidelines, enhanced digital forensic literacy among judges, and legal reforms such as digital notarization and certified e-filing systems to strengthen evidentiary reliability in line with Sharia principles. Originality: The novelty of this research lies in its integration of electronic evidence within the framework of Islamic procedural law, interpreting digital communications as a modern manifestation of bayyinah.
Diversity and Adaptation of Islamic Law in Indonesia: Pathways to Integration Kristinawati, Adjeng; Noviati Sri Racha; Neneng Nurhasanah
DIKTUM: Jurnal Syariah dan Hukum Vol 24 No 1 (2026): DIKTUM: Jurnal Syariah dan Hukum (Inpress)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i1.14208

Abstract

Background: The development of Islamic law in Indonesia reflects a complex trajectory shaped by historical encounters, colonial interventions, and post-independence reforms. Its position within a plural legal system—where Islamic law coexists with state law and customary law—demonstrates both continuity and adaptation. Purpose: This study seeks to analyze how Islamic Diversity, influenced by cultural, organizational, and socio-political factors, shapes the pathways of Islamic law’s adaptation and integration in Indonesia’s national legal framework. Methods: The research applies a normative legal approach that combines historical, conceptual, and statutory analysis. Primary sources include statutory regulations and legal documents, supported by secondary materials such as scholarly literature, while tertiary sources provide definitional and contextual support. Data are analyzed qualitatively to assess the meaning and implications of legal developments. Findings: The findings reveal that Islamic law has gradually transformed from marginalization under colonial rule to significant recognition within national law through instruments such as the 1974 Marriage Law, the Compilation of Islamic Law, and Aceh’s Qanun. Ongoing debates—such as interfaith inheritance—illustrate the continuing challenges of legal pluralism and the necessity of contextual interpretation . Theoretical and Practical Implications: the study enriches scholarship on legal pluralism by demonstrating Indonesia’s unique model of integration. Practically, it highlights the maqāṣid al-sharīʿah approach as a normative tool to ensure justice, inclusivity, and responsiveness in policy and legal reform Originality/Novelty: This research contributes by integrating historical, normative, and sociological perspectives to show how Islamic Diversity can serve as a foundation for inclusive legal pluralism and sustainable legal reform in Indonesia
Corporate Liability in Environmental Crimes: A Comparative Study of Indonesian and Islamic Criminal Law Rodia, Harahap; Ramadani
DIKTUM: Jurnal Syariah dan Hukum Vol 24 No 1 (2026): DIKTUM: Jurnal Syariah dan Hukum (Inpress)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i1.14331

Abstract

Background: Environmental degradation resulting from corporate and individual actions remains a persistent legal challenge in Indonesia. Despite the existence of regulatory frameworks such as Law No. 32/2009 on Environmental Protection and Management (as amended), enforcement remains weak—particularly in corporate-related crimes, as exemplified by the H₂S gas leak incident in Mandailing Natal.. Purpose: This study investigates criminal liability for environmental crimes from the perspectives of Indonesian positive law and Islamic criminal law.. Methods: Using a normative legal research method supported by comparative and case approaches, the study examines legal texts, jurisprudence, and relevant Islamic legal doctrines within the framework of maqāṣid al-sharī‘ah. Results: Findings suggest that while Indonesian law provides sufficient formal basis for corporate prosecution, its implementation lacks consistency. In contrast, Islamic criminal law, through ta‘zīr principles, offers a moral-ethical framework emphasizing justice, deterrence, and ecological responsibility. Implication: The study highlights the urgency of integrating ethical-legal principles from Islamic jurisprudence into the existing legal system to ensure more equitable environmental justice. Originality: This paper’s novelty lies in its contextual application of maqāṣid-based reasoning to corporate environmental crimes
Legal and Religious Controversies in Eliminating Female Khitan (Circumcision) Al Fahrezi, Ahmad Fikri; Muhibbussabry
DIKTUM: Jurnal Syariah dan Hukum Vol 24 No 1 (2026): DIKTUM: Jurnal Syariah dan Hukum (Inpress)
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i1.14629

Abstract

Background: The Indonesian Government Regulation No. 28/2024, particularly Article 102, has sparked national debate due to its prohibition of female circumcision—a practice that remains prevalent in several Muslim communities. While global health institutions classify it as female genital mutilation (FGM), many Islamic scholars continue to defend it as a religiously mandated act. Purpose: This study aims to explore the responses of local religious leaders to this policy change, with a particular focus on how legal, theological, and cultural arguments shape their resistance or acceptance. Methods: A qualitative method with a normative juridical approach was employed. Data were collected through semi-structured interviews with four prominent religious leaders in Pamatang Simalungun Village, complemented by document analysis of fatwas and official religious statements. Thematic analysis was used to identify key discourses and legal-religious justifications. Results: The findings reveal a strong resistance among religious leaders, primarily based on classical Shafi’i jurisprudence that considers female circumcision mandatory. Participants argued that the policy undermines religious authority and fails to accommodate socio-cultural contexts. Health risks were downplayed in favor of scriptural interpretations. Implication: The study demonstrates a significant epistemological gap between public health policy and religious reasoning. Originality: A more dialogical policy model that incorporates religious leaders into the legislative process to bridge legal legitimacy and religious compliance.

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