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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 316 Documents
 28   29   30   31   32 
Pertanggungjawaban Hukum atas Pelanggaran Etika Bisnis oleh Pelaku Usaha dalam Perspektif Hukum Persaingan Usaha Zahira Zadine Azzahra Ghifarani; Putri Fahrani Fatah; Angela Merici Gandhi Dinda Perdana; Rosdian Elia Agustina
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.v24i1.15377

Abstract

Background: Indonesian Competition Law under Law No. 5 of 1999 formally regulates unfair competition, emerging digital strategies such as orchestrated reputational attacks and normalized product imitation reveal a deeper negotiation between market pragmatism and Islamic moral economy Aims: This article examines the interaction between lived Islamic market ethics and competition law in contemporary Indonesia through a socio-legal analysis of black campaign practices and dupe culture in the digital marketplace. Method: the research adopts a socio-legal approach that combines statutory analysis with normative Islamic legal reasoning grounded in fiqh al-muamalah and maqasid al-shariah, particularly the protection of wealth (hifz al-mal) and public interest (maslahah ammah). Findings: black campaign practices represent a contemporary form of informational deception that undermines market trust, while dupe culture reflects an anthropological shift in consumer ethics that challenges the boundaries between accessibility and moral responsibility. These practices illustrate a structural tension between regulatory enforcement by the Indonesian Competition Commission and the lived ethical commitments of market actors. Implication: The study contributes theoretically by demonstrating that competition law in Indonesia operates as a space of continuous negotiation between civil law traditions and Islamic moral norms, thereby affirming that legal accountability in market competition must be understood not only as administrative sanction, but as the integration of state regulation and lived Islamic market ethics aimed at sustaining market justice. Originality: This study argues that these phenomena are not merely violations of positive law, but manifestations of shifting socio-religious values within Muslim-majority commercial society, where principles of amanah, shiddiq, prohibition of ghish, and the doctrine of la darar wa la dirar are reinterpreted in competitive contexts.
Fidyah between Classical Fiqh and Institutional Governance: Social Welfare and Sustainable Justice in Contemporary Indonesia Aydi Syam; Salih Ahmad Abd Wahhab Abd Qawiy
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 2 (2026): 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.v24i2.16898

Abstract

Background:  The determination of fidyah for individuals unable to fast during Ramadan has traditionally been grounded in classical Islamic jurisprudence, which prescribes the provision of staple food to the poor as compensation. In contemporary Muslim societies, however, this obligation is increasingly mediated through institutional governance and monetary valuation Aims:  This article examines the transformation of fidyah between classical fiqh and institutional governance, focusing on how BAZNAS reframes fidyah from a food based juristic obligation into a monetary instrument of Islamic social welfare. This study analyzes it as a site of authority negotiation between juristic doctrine, state recognized religious institutions, local economic realities, and the lived legal practices of Muslim communities Method:   Methodologically, the study employs legal hermeneutics and thematic analysis of Qur’anic foundations, hadith reports, classical juristic interpretations, BAZNAS policy documents, and contemporary scholarship on Islamic social finance, maqasid al sharia, and legal pluralism Findings:  The findings reveal that while classical jurisprudence generally defines fidyah as one mud of staple food per day, the institutional determination of IDR 65,000 reflects a contextual adaptation based on contemporary food consumption patterns and economic conditions. This transformation produces a socio legal tension: monetary standardization may enhance the welfare of recipients and support food security, but it may also challenge local fiqh practices and burden economically vulnerable payers if regional economic differences are ignored. Implication:  The article argues that fidyah should be understood through a maqasid based framework in which hifz al nafs, hifz al mal, and human dignity guide the ethical governance of Islamic social finance. It also underscores the role of institutional interpretation in promoting sustainable justice by ensuring that fidyah remains responsive to the needs of vulnerable communities. Originality:   Its originality lies in repositioning fidyah from a marginal ritual topic into a lived legal mechanism of sustainable justice, where classical fiqh, institutional authority, and grassroots economic realities continuously negotiate one another in contemporary Indonesia  
Money Politics and Electoral Integrity in Local Democracy: A Case Study of Legislative Elections in Wajo Regency, South Sulawesi (2019–2024) Jumardin Jumardin; Sunardi Purwanda; Elvi Susanti Syam; Bakhtiar Tijjang; Kairuddin
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.v24i2.16227

Abstract

Background: Money politics remains one of the most persistent challenges undermining democratic consolidation in Indonesia, particularly at the local level where patron–client relationships and economic vulnerability converge. Despite the introduction of electoral reforms and stricter legal frameworks, vote buying continues to shape the outcomes of legislative elections across many regions . Purpose: This study investigates the dynamics of money politics in the legislative elections of Wajo Regency, South Sulawesi, focusing on the continuity and transformation of practices between the 2019 and 2024 electoral cycles. Employing a qualitative case study design, the research explores the socio-economic, cultural, and institutional factors that sustain transactional politics in local elections . Methods: Data were collected through in-depth interviews, participant observation, focus group discussions, and document analysis involving candidates, campaign teams, voters, government officials, and election observers. The analysis is guided by the theoretical frameworks of patron–client relations, rational choice theory, and system theory to explain how individual behavior, institutional weaknesses, and socio-cultural norms interact to normalize money politics . Originality: By situating Wajo as a microcosm of Indonesia’s broader electoral challenges, this study contributes to the understanding of how informal political economies persist within formal democratic institutions and provides insights for developing culturally grounded strategies to strengthen electoral integrity in local governance for the customary law. Even though the legal plurality of Indonesian society is directly protected by the constitution.
Legal and Political Dynamics in the Village Head Election Dispute: A Socio-Legal Study of Parigi Village, Wajo Regency, Indonesia Aminah Aminah; Muhammad Sabir; Aksah; Sunardi Purwanda; Kairuddin
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 2 (2026): 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.v24i2.16231

Abstract

Background: Village head elections (Pilkades) represent the most direct form of local democracy in Indonesia, where legal frameworks and political practices intersect to shape leadership legitimacy. Purpose: This study examines the legal and political dynamics underlying the Pilkades dispute in Parigi Village, Takkalala District, Wajo Regency, South Sulawesi, focusing on how legal mechanisms interact with local political power. Methods: Employing a qualitative socio-legal case study approach, data were collected from February to July 2024 through interviews, participatory observation, and document analysis involving election officials, candidates, legal practitioners, and community figures. Originality: This research contributes to the understanding of how law and politics are interwoven in decentralized democracies, emphasizing the need for impartial legal mechanisms and stronger community-based oversight to safeguard substantive village democracy .
Mekanisme Perlindungan Dan Kepastian Hukum Bagi Tenaga Medis Dan Tenaga Kesehatan Terhadap Kekerasan Dalam Pelayanan Kesehatan Wahyu Nur Chalamsah Setiawan; Agam Sulaksono; Ahmad Heru Romadhon; Rahayu Sri Utami
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): 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.v25i1.16560

Abstract

Background:  Violence against medical personnel and healthcare workers in healthcare services has increased significantly, creating an urgent need for comprehensive legal protection. Although Indonesian legislation has established preventive and repressive legal protection mechanisms, their implementation requires a holistic approach that integrates positive law with the ethical values of Islamic law to ensure justice, dignity, and safety for healthcare workers. Purpose:    Normative legal research was conducted through statutory, conceptual, and Islamic legal-ethical approaches, using Indonesian health regulations, criminal law provisions, maqāṣid al-sharī‘ah, and Islamic legal maxims as analytical materials Methods:   This study employed normative legal research using statutory, conceptual, and analytical approaches. Primary, secondary, and tertiary legal materials were analyzed qualitatively to examine the legal framework governing the protection of healthcare workers and its compatibility with the principles of Islamic law. Results:  The study found that legal protection for medical personnel and healthcare workers is implemented through preventive and repressive mechanisms. Preventive protection includes the right to work in accordance with professional standards and standard operating procedures, the right to discontinue services when facing violence or degrading treatment, and the obligation of healthcare facilities to provide a safe working environment. Repressive protection is implemented through institutional dispute resolution, enforcement of professional ethics and discipline, legal assistance, and criminal law enforcement under the Indonesian Criminal Code when criminal elements are fulfilled. From the perspective of Islamic law, these mechanisms are consistent with the objectives of maqāṣid al-syarī‘ah, particularly ḥifẓ al-nafs (protection of life) and ḥifẓ al-‘irḍ (protection of human dignity), while the imposition of sanctions reflects the principles of ta‘zīr and siyāsah shar‘iyyah in safeguarding public welfare and preventing harm. Implication:   Strengthening legal protection for healthcare workers requires harmonization between statutory regulations, institutional governance, and effective law enforcement, while integrating Islamic ethical principles to promote a safe, dignified, and sustainable healthcare system. Originality:   This study contributes by integrating Indonesian positive law with Islamic legal principles in analyzing legal protection mechanisms for healthcare workers, demonstrating that preventive and repressive protection not only ensure legal certainty but also realize the objectives of maqāṣid al-syarī‘ah through the protection of life, dignity, and public welfare  
Penyelesaian Sengketa Medis Melalui Mekanisme Non Litigasi Oleh Dinas Kesehatan Kota Mataram Emirald Isfihan; Fajar Rachmad; Ahmad Heru Romadhon; Rahayu Sri Utami
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): 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.v25i1.16561

Abstract

  Background:  The increasing complexity of the relationship between patients and healthcare professionals has led to a higher potential for medical disputes, thereby requiring dispute resolution mechanisms that are effective, fair, and oriented toward restoring legal relationships between the parties. Law Number 17 of 2023 on Health mandates that medical disputes must be resolved through non-litigation mechanisms before judicial proceedings are pursued. This regulatory framework reflects a paradigm shift toward restorative and dialogical dispute resolution within the Indonesian healthcare legal system. Purpose:   This study aims to analyze the authority of the Mataram City Health Office in facilitating the non-litigation resolution of medical disputes and to evaluate the implementation of such mechanisms from the perspectives of legal certainty and legal protection for the parties involved. Methods: This study employs a socio-legal approach that combines empirical and normative legal analysis. Primary data were obtained through in-depth interviews with officials of the Mataram City Health Office, mediators, healthcare professionals, and other relevant stakeholders, supported by mediation documents and institutional records. Secondary data were collected from legislation, legal literature, and policy documents. Data were analyzed qualitatively using the perspectives of living law, legal pluralism, and restorative justice. Results: The findings demonstrate that the authority of the Mataram City Health Office possesses strong juridical legitimacy under Law Number 30 of 1999, Law Number 23 of 2014, and Article 310 of Law Number 17 of 2023. Empirical evidence further reveals that the MONALISA mediation mechanism has evolved into a socially accepted dispute resolution practice that reflects the principles of shūrā (deliberation), iṣlāḥ (reconciliation), and public welfare within Muslim society. The effectiveness of mediation is therefore supported not only by statutory regulation but also by the interaction of state law, professional ethics, local culture, and Islamic values, illustrating the operation of legal pluralism in medical dispute resolution. Implication:  The findings suggest that strengthening institutional mediation should involve not only regulatory reinforcement but also the incorporation of local social and religious values into healthcare dispute resolution policies. Such an approach may enhance public trust, expand access to justice, and promote ethical governance in healthcare services. Originality:  This study contributes to the socio-legal discourse on healthcare governance by demonstrating that the effectiveness of medical dispute resolution through the Mediation House and the MONALISA system is shaped by the interaction between legal authority, professional norms, and community-based dispute resolution practices.  
Reimagining Military Justice in Indonesia: Progressive Law, Islamic Legal Ethics, and the Governance of Soldier Punishment Budi Pramono; Asmuni
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): 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.v25i1.16563

Abstract

Background: The Indonesian National Armed Forces personnel’s criminal penalty is still mostly governed by the Dutch colonial law, the Military Criminal Code. It creates a vacuum between military criminal law and the present Indonesian legal order, especially following the enactment of Law No. 1 of 2023 about the Indonesian Criminal Code. The problem is not merely doctrinal but also socio-legal, because military punishment operates within military hierarchy, institutional culture, and broader public expectations of justice, because the military punishment works within the military hierarchy, institutional culture, public expectations of justice, and Islamic legal norms as a living legal system in Indonesian Muslim society.   Purpose:  This study reconceptualizes military punishment in Indonesia by examining the relationship between progressive law, Islamic legal ethics, and the institutional governance of soldier punishment   Methods: This study employs doctrinal legal research informed by socio-legal and interdisciplinary perspectives. It adopts a legislative, conceptual and socio-legal approach. Legal materials used to study the interplay between legal norms, military institutions and lived Islamic values include primary, secondary and non-legal materials that interpret, systematize and assess.   Results: The study indicates that military punishment should not be confined to retribution or institutional discipline. It is to be legal correction, moral instruction, rehabilitation, and public protection.  The study proposes a framework that integrates substantive justice, Islamic ethical evaluation, institutional accountability, and judicial independence in soldier punishment   Implication:  Military criminal law reform should be directed to a paradigm of sustainable justice, which reconciles military discipline and ethical accountability, legal certainty and social legitimacy, state power and Islamic lived values. Originality:   This study provides a socio-legal paradigm to connect progressive legislation, military ethics, Islamic lived law, and responsive government in improving Indonesian military punishment  
Between Adat, Religion, and the State: Normative Tensions in the Civil Rights of Children Born Out of Wedlock in Bugis-Makassar Society Andi Tenri Padang; Sofyan; Andi Muhammad Taqiyuddin BN; La Ode Ismail Ahmad; Abd. Bashir Fatmal
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 2 (2026): 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.v24i2.16567

Abstract

Background:  Marriage in Indonesia is a legal, religious, and cultural institution simultaneously regulated by national law, Islamic law, and Bugis–Makassar customary norms. Divergent interpretations among these systems create legal uncertainty for children born outside legally recognized marriages, often resulting in stigma and limited civil rights. Purpose:   This study examines how the interaction of national law, Islamic law, and Bugis–Makassar customary law shapes the civil rights of out-of-wedlock children and assesses the influence of local cultural values on their legal recognition and protection. Methods:  This research adopts a socio-legal and legal anthropological approach to analyze the normative tensions between adat, religion, and state law in determining the civil rights of children born out of wedlock in Bugis-Makassar society. The study examines legal texts and judicial decisions alongside the social practices, cultural values, and communal understandings that influence the recognition of children’s status and rights. By situating legal norms within their social context, the research highlights how individuals and communities navigate competing normative frameworks and negotiate legal legitimacy in everyday life. Results:    The findings reveal that the civil rights of children born out of wedlock are shaped through ongoing negotiations between state law, Islamic norms, and Bugis-Makassar customary values. While national law provides formal legal recognition, the realization of these rights is often mediated by social legitimacy, customary mechanisms, and cultural notions of siri’ (honor) and lineage. Children and their families actively navigate these overlapping normative orders to mitigate stigma, secure social acceptance, and gain access to inheritance and family rights. The study highlights a gap between formal legal guarantees and lived social realities, demonstrating that legal recognition is not merely a juridical matter but also a process of negotiating identity and belonging within a plural legal and cultural landscape. Implication:   The study highlights the necessity of ethical governance grounded in legal pluralism and transformative justice. Rather than privileging a single legal system, legal policies should facilitate constructive engagement among state law, Islamic law, and customary norms to ensure substantive justice, protect the dignity and rights of children born out of wedlock, and promote socially inclusive and culturally sensitive forms of legal recognition. Originality:  This study integrates national law, Islamic law, and Bugis–Makassar customary law within a single framework, positioning customary law as an active living system that shapes children’s civil rights in a plural legal society  
Akibat Hukum Atas Tindakan Medis Oleh Klinik Kecantikan Yang Merugikan Pasien Tanpa Adanya Suatu Kesepakatan Maya Pramudita
DIKTUM: Jurnal Syariah dan Hukum Vol. 25 No. 1 (2027): 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

Abstract

Background: Medical procedures performed by aesthetic clinics without valid informed consent raise significant legal concerns in Indonesia, particularly when they result in patient harm. Informed consent is a fundamental legal requirement that safeguards patient autonomy, personal integrity, and the right to health. From the perspective of maqāṣid al-sharī‘ah, such protection also reflects the principle of ḥifẓ al-nafs (preservation of life), which requires medical interventions to respect human dignity and prevent harm to patients. The increasing commercialization of aesthetic medical services further underscores the need for clear legal standards and effective accountability mechanisms to ensure patient safety and protect both the right to health and the preservation of life. Purpose: This study aims to analyze the legal regulation of medical procedures in aesthetic clinics performed without informed consent and to examine the forms of legal liability that may be imposed on clinics and medical professionals for patient harm under Indonesian law. Methods: This study employs normative juridical legal research using a statutory and conceptual approach. Results: The findings demonstrate that, under Indonesia’s latest legal framework following the enactment of Law No. 17 of 2023 on Health, informed consent constitutes a fundamental legal requirement for medical procedures, including aesthetic interventions. This study provides an updated legal analysis of informed consent in aesthetic medical practice within the post-2023 Health Law regulatory framework, highlighting its significance in determining the legality of medical interventions. The absence of valid informed consent may render medical procedures legally defective and expose aesthetic clinics and medical professionals to multiple forms of liability, including administrative sanctions, civil liability based on breach of contract or tort, consumer protection claims, and, under certain circumstances, criminal liability where negligence or intentional conduct causes serious harm. These findings confirm that informed consent is not merely an administrative formality but a substantive legal safeguard for patient autonomy and a critical basis for determining professional accountability. Implication: This study underscores the need to strengthen informed consent in aesthetic medical services beyond procedural and administrative compliance by integrating professional ethical standards and moral integrity into clinical practice. Informed consent should reflect not only legal obligations but also physicians’ ethical commitment to honesty, transparency, respect for patient autonomy, and professional responsibility. Strengthening the standardization and enforcement of consent procedures alongside integrity-based professional ethics may enhance legal certainty, protect patients’ rights, reinforce professional accountability, reduce the risk of disputes, and strengthen public trust in aesthetic healthcare services. Originality:  This research integrates constitutional, civil, consumer, health, and criminal law perspectives into a unified analysis of informed consent in aesthetic medical practice. It offers a systematic examination of multi-dimensional legal liability within Indonesia’s updated health and criminal law framework, contributing to the development of legal scholarship on medical accountability in the rapidly expanding aesthetic healthcare sector
State Recognition of Islamic Marriage in Indonesia: Religious Administrative Authority, Legal Pluralism, and Citizens’ Civil Rights M. Zamroni
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 2 (2026): 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.v24i2.16605

Abstract

Background:   Marriage registration in Indonesia has generally been discussed within the framework of Islamic family law, especially in relation to the validity of marriage, civil consequences, and the protection of women and children. Such studies are important, yet they tend to overlook the fact that marriage registration is also a government administrative action performed by public officials and producing direct legal consequences for citizens’ civil status. In a plural legal system such as Indonesia, where religious validity and state recognition operate through different but interrelated legal regimes, marriage registration becomes a crucial site for examining the interaction between Islamic law, public administration, and citizens’ rights. Purpose: This study aims to analyze marriage registration as a form of state recognition of Islamic marriage through government administrative action. It examines how the principle of legality underpins the validity of marriage registration and how the Office of Religious Affairs exercises attribution authority in registering marriages for Muslim citizens. Methods: This research uses normative legal analysis with socio-legal sensitivity. It combines statute, conceptual, philosophical, and historical approaches to examine marriage registration not only as a formal legal procedure, but also as an institutional practice that connects religious marriage, administrative authority, and access to civil rights. Primary legal materials include Indonesian regulations on marriage, population administration, and government administration. Secondary materials include scholarly works on Islamic family law, state administrative law, legal pluralism, civil registration, and public governance. Results: The study shows that marriage registration qualifies as a government administrative action because it is carried out by authorized officials, produces authentic legal documents, and determines citizens’ access to population documents and public services. The principle of legality functions as the main normative foundation for ensuring that the action of registration is based on lawful authority, proper procedure, and accountability. The authority of the Office of Religious Affairs in registering marriages for Muslim citizens is best understood as attribution authority because it originates directly from statutory provisions and is attached to the institution by law. Implication: This article argues that marriage registration should not be viewed merely as a technical administrative formality or as a secondary issue after religious validity. Rather, it is a mechanism through which religiously valid marriage is transformed into state-recognized civil status. This construction strengthens administrative accountability, prevents institutional overlap, and protects citizens’ administrative rights. Originality: repositioning marriage registration as a site of legal pluralism and ethical governance in a Muslim-majority legal system. It contributes to broader debates on how the state recognizes religious marital status through administrative authority, legality-based governance, and civil rights protection  

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