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Nusantara: Journal Of Law Studies
Published by PT. Islamic Research Publisher
ISSN : -     EISSN : 29643384     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Nusantara: Journal Of Law Studies is a double-blind peer-reviewed journal published by Islamic Research Publisher, Indonesia. The journal publishes research articles, conceptual articles, and book reviews of Law Studies (Aim and Scope). The articles of this journal are published tri-annually; March, July, and Desember. Aim and Scope Aim: Nusantara: Journal of Law Studies emphasize the concept and research papers on Law Studies, In particular, papers which consider the following general topics are invited but limited to Law Studies Scope: This Journal specializes in studying the theory and practice of Law, and is intended to express original researches and current issues. This journal welcomes the contributions of scholars from related fields warmly that consider the following general topics; Law Studies Islamic Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 128 Documents
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Calculating State Economic Losses Through GDP Indicators: Toward Severe Punishment Based on the Principle of Justice Ulil Amri; Amir Ilyas; M. Syukri Akub; Muhammad Mutawalli Mukhlis; Mohamed W. Abouyounes
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.172

Abstract

Corruption causing state economic losses in Indonesia has become increasingly systemic and has generated substantial disparities in criminal sentencing over the last five years. These disparities are closely related to the absence of measurable sentencing standards and to inconsistent judicial interpretations of the calculation of state economic losses, despite the Constitutional Court’s requirement that such losses be concrete and quantifiable. This study aims to analyze state economic losses in corruption cases through the perspective of economic analysis of law and to formulate a justice-oriented framework for severe punishment based on Gross Domestic Product (GDP) indicators. This research employs a normative juridical method, drawing on statutory, conceptual, and case approaches. Legal materials were obtained from legislation, court decisions, legal doctrines, and relevant economic theories. The data were analyzed qualitatively using an economic analysis of law framework emphasizing proportionality, deterrence, efficiency, and protection of public welfare. The results of this study indicate that sentencing disparities primarily stem from the lack of standardized economic parameters for assessing the broader impact of corruption on national development and social welfare. The study finds that judicial consideration has generally focused only on direct financial losses, while indirect economic consequences, including opportunity costs, disruption of public services, decline in investment, and multiplier effects on economic growth, remain insufficiently addressed. The results further demonstrate that integrating explicit and implicit economic losses through GDP indicators provides a more objective and proportional basis for determining criminal sanctions. This study formulates a GDP-based sentencing matrix by measuring the ratio between total state economic losses and annual GDP as an indicator of macroeconomic harm. The study concludes that corruption causing extraordinary economic disruption justifies severe punishment, including life imprisonment and capital punishment, under the principle of justice. 
Integrating Sharia Economic Law and the Green Economy in Nature-Based Ecotourism for Local Community Development Hidayat Darussalam; Yosy Arisandy; Dmytro Dronik; Nataliia Bilak; Volodymyr Shalimov
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.195

Abstract

This article aims to integrate the principles of Islamic economics and law with the green economy to manage nature-based ecotourism in Bengkulu Province, thereby generating economic benefits for surrounding communities while remaining within the framework of environmental conservation. The exploitative nature of nature-based tourism management in Bengkulu Province is evident in the utilization of protected forest and coastal areas, which often disregards the unique ecosystem capacity of Sumatra. The development of supporting infrastructure at strategic points, such as mountainous areas or coastal edges, is often carried out without in-depth environmental studies, leading to the degradation of native vegetation and increasing the risk of ecological disasters, such as landslides and abrasion. This study employs a qualitative case study approach to explore the integration of Sharia economic principles and the green economy within the development of ecotourism in Bengkulu Province. Data were gathered through in-depth interviews, field observations, and documentation involving relevant stakeholders. The findings demonstrate that this integration is firmly implemented in economic sustainability by allocating tourism profits to Islamic social finance instruments (Zakat, Infaq, and Alms/ZIS), which are managed transparently for village infrastructure development. Furthermore, the practical application of the green economy is manifested through the construction of eco-friendly facilities and integrated waste management systems that protect the biodiversity of the tropical rainforest, a unique identity of Bengkulu. Academically, this research contributes to the literature by bridging the gap between Sharia economic law and sustainability studies, particularly by positioning Maqāṣid al-Sharīʿah as a normative foundation for environmental governance in ecotourism. It also enriches the discourse on Islamic social finance by demonstrating its practical role in supporting community-based development within a green economy paradigm.
The Mechanism of Administrative and Legal Support for Ukraine’s Reconstruction: A Constitutional and Legal Model Maryna Susak; Volodymyr Dikhtiievskyi; Petro Dikhtiievskyi; Oleh Bilous; Nataliia Kantor
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.302

Abstract

This study examines the mechanisms of administrative and legal support for the reconstruction of Ukraine during martial law and the post-war recovery period, with a particular focus on developing an effective public administration framework to ensure sustainable national reconstruction. The research aims to identify the institutional, regulatory, and governance mechanisms required to coordinate reconstruction policies, strengthen legal certainty, and enhance administrative effectiveness in crisis and post-conflict contexts. The study employs a comparative legal approach to analyze the experiences of several countries that successfully implemented large-scale post-war reconstruction, including Germany, Poland, Croatia, and Bosnia and Herzegovina. Through comparative analysis, the research evaluates the relevance and adaptability of foreign administrative and legal practices to the Ukrainian context. The findings demonstrate that effective post-war reconstruction depends on establishing an integrated administrative and legal system grounded in the principles of the rule of law, transparency, accountability, decentralization, and digital governance. The study identifies key challenges in institutional coordination, financial supervision, anti-corruption controls, strategic planning, and cooperation among state authorities, local governments, international partners, and civil society organizations. Furthermore, the research proposes a comprehensive institutional and legal reconstruction model consisting of regulatory, organizational, procedural, financial, digital, supervisory, and international coordination elements. The scientific contribution of this study lies in formulating a multidimensional administrative and legal framework that provides both theoretical and practical guidance for strengthening public governance mechanisms in post-conflict reconstruction and sustainable state recovery.
Bridging Istinbāṭī and Taṭbīqī: An Integrative Ijtihād Model for Halal Fatwa Governance and Regulatory Compliance Holis Holis; Umi Indasyah Zahro; Lailatul Maghfiroh; Hawa Gazani; Imamuddin; Wasif Naif Nahar Daqamseh
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.171

Abstract

This study investigates the integration of ijtihād istinbāṭī and ijtihād taṭbīqī in the formulation of halal fatwas for processed food products in Madura, Indonesia. The research addresses persistent reliance on fragmented fatwa methodologies, which have historically engendered legal ambiguity, interpretive divergence, and challenges to the legitimacy of religious authority. Employing a qualitative descriptive methodology, the study combines doctrinal analysis with field observations and in-depth interviews involving ulama, food industry stakeholders, and representatives of halal certification bodies. Findings demonstrate that halal fatwa determination in Madura is contingent upon the synergistic application of istinbāṭī ijtihād, which provides normative and doctrinal legitimacy, and taṭbīqī ijtihād, which facilitates the contextualization of Islamic legal norms within contemporary socio-technological and industrial frameworks. This unification produces an integrative ijtihād model in which Islamic law is dynamically aligned with empirical realities and public welfare considerations (maqāṣid al-sharī‘ah). Operationalization occurs through collaborative governance mechanisms involving regional MUI branches, Halal Inspection Agencies (LPH), pesantren networks, and academic institutions, yielding halal fatwas that are simultaneously legally authoritative and socially responsive. The study further suggests that adopting a unified ijtihād framework can enhance the coherence, legitimacy, and legal certainty of halal fatwa production, while concurrently strengthening national halal governance by harmonizing religious authority, regulatory institutions, and industrial practices. The findings contribute to contemporary Islamic legal scholarship by demonstrating how integrative jurisprudential methodologies can reconcile classical Sharīʿah principles with modern technological, socio-economic, and policy imperatives.
A Legal-Historical Study of Legal Institutions and Special Autonomy Policy in Papua Diana Gloria Wamafma; Juanda Nawawi; Nurlinah; Hashim Balas; Saleem Asouli
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.188

Abstract

This study examines how the historical trajectory of Otsus and the evolution of its legal-institutional framework—particularly the roles of the Governor, the Regional People's Representative Council of Papua and Regency/City Councils (DPRP/DPRK), and the Papuan People's Assembly (Majelis Rakyat Papua/MRP)—have shaped the direction of legal politics concerning meaningful participation, affirmative representation for OAP, special fiscal arrangements, and the agenda of historical clarification and human rights protection. This research employs normative (doctrinal) legal methods with a legal-historical specification. It utilizes statutory, historical, and conceptual approaches, complemented where relevant by a limited case approach. Primary legal materials include Law No. 21 of 2001 and its subsequent amendments, particularly Law No. 2 of 2021, as well as key implementing regulations. Secondary materials consist of recent scholarly literature on Papua’s special autonomy framework. The analysis is conducted through regulatory inventory, historical periodization, before-and-after mapping of key legal norms, institutional analysis, and vertical and horizontal legal synchronization. The findings indicate that: (i) Otsus incorporates explicit mandates concerning OAP recognition, human rights protection, public participation, and the institutional role of the MRP; however, implementation and evaluation have often prioritized fiscal transfers and development programs without adequately addressing deficits of political legitimacy and unresolved human rights concerns; (ii) initiatives aimed at strengthening governance through village-oriented development and the provision of basic public services have not fully resolved accountability challenges; and (iii) several revisions introduced under the second phase of Special Autonomy (Otsus II) are perceived to diminish the significance of local-cultural representation in strategic decision-making processes and to weaken mechanisms for meaningful participation. This article contributes a legal-historical analytical framework that bridges critiques of existing law (ius constitutum) with reform-oriented perspectives (ius constituendum), thereby supporting more substantive participation, a strengthened role for the MRP, and a more credible accountability framework within Papua’s special autonomy governance.
Evaluating Digital Zakat Platforms: Usability, Technical Performance, and Maṣlaḥah in Indonesia and Malaysia Toto Andri Puspito; Zezen Zainul Ali; Ali Akram Kadhim; Essa Lafi Hassan Al Smadi; Hamdan Ghunemat
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.261

Abstract

Digital transformation has reshaped public services, including website-based zakat services, which have contributed to increased public participation in zakat payments. This study aims to evaluate the usability and technical performance of two zakat portals: basnaz.go.id (Indonesia) and zakat.com.my (Malaysia). This study offers a cross-national comparative approach by integrating the perspectives of usability, the right to religious information (ḥaqq al-maʿlūmāt), and maṣlaḥah (public benefit). This study uses a mixed-methods approach combining quantitative and qualitative methods, including testing website technical performance with GTMetrix and evaluating system usability with the System Usability Scale (SUS) among 10 respondents. The findings show that both portals achieved a 100% task success rate, indicating strong learnability in completing basic zakat-related tasks. However, the SUS results reveal different levels of perceived usability: baznas.go.id obtained an average SUS score of 68.25, indicating acceptable usability, while zakat.com.my obtained a score of 61.75, indicating marginal usability. In terms of efficiency, zakat.com.my showed a slightly higher Time-Based Efficiency score, whereas baznas.go.id demonstrated stronger technical performance, as indicated by GTMetrix metrics, particularly the performance score, structure score, Largest Contentful Paint, and Total Blocking Time. These findings show that digital zakat service quality cannot be assessed only through task success but must also consider user satisfaction, technical responsiveness, accessibility, and public benefit. From the perspective of maqāṣid al-sharīʿah, the digitization of zakat contributes to the realization of public benefit by facilitating zakat payments, increasing transparency and accountability in zakat fund management, and expanding access to services. This study contributes to Islamic digital governance scholarship by integrating usability testing, website performance evaluation, and maqāṣid al-sharīʿah analysis to assess digital zakat services as instruments of transparency, ḥaqq al-maʿlūmāt, and maṣlaḥah-oriented public services.
Development of Gatra Trigger National Resilience in Combating the Threat of Foreign Intelligence Covert Actions Pujo Widodo; Moh Khusaini; Alfi Haris Wanto; Panji Suwarno; Vasyl Maliyk
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.293

Abstract

Developments in the global strategic environment indicate that threats to the state are no longer limited to conventional military conflicts but also encompass non-conventional threats, such as covert actions conducted by foreign intelligence agencies to influence a country's political, social, economic, and security stability. In this context, strengthening national resilience becomes a strategic instrument for identifying, anticipating, and addressing hidden and multidimensional threats. The analytical framework of national resilience in Indonesia employs the Astagatra approach, which consists of Trigatra (geography, natural resources, and demography) and Pancagatra (ideology, politics, economy, socio-culture, and defense and security) as the core elements shaping national resilience against various strategic threats. This research adopts a qualitative approach with a case study design. The findings reveal that the development of "gatra triggers" can strengthen the national early warning system by integrating counter-intelligence indicators, including prevention, detection, strategic deception, neutralization, counterespionage, and security measures across all aspects of Astagatra. This approach enables the identification of vulnerabilities in geography, natural resources, demography, ideology, politics, economy, socio-culture, and defense and security that foreign intelligence actors may exploit in conducting covert influence operations. At the same time, it enhances synergy among state institutions and strengthens the capacity of early detection systems in safeguarding national stability and interests. The academic contribution of this study lies in developing the "gatra trigger" concept as an integrated framework that bridges national resilience and counterintelligence studies, thereby reinforcing early warning systems and adaptive national security policies against covert foreign influence operations.
National Security Complex and Networked Securitization in Cognitive Warfare Alzaki Alzaki; Arfin Sudirman; R. Widya Setiabudi Sumadinata; Wawan Budi Darmawan; Ola Madallah Aljaafreh
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.296

Abstract

This article examines how cognitive warfare is securitized in Indonesia amid technological disruption and strategic competition in the Indo-Pacific region. Drawing on securitization theory, Just Securitization Theory, and Regional Security Complex Theory (RSCT), the study develops a multilevel analytical framework that connects global, regional, and domestic dynamics. Methodologically, it employs qualitative document analysis of defense policies, doctrinal publications, and relevant academic literature. The findings demonstrate that securitization in Indonesia is best understood as a networked and institutionally distributed process involving political leaders, military organizations, intelligence agencies, cybersecurity bodies, regulatory institutions, and societal actors. The study identifies an expansion of referent objects, extending beyond territorial sovereignty to include democracy, information sovereignty, social cohesion, and ideological stability. It further shows that cognitive warfare has shifted the primary battlespace toward perception, narrative construction, and psychological influence. As a key theoretical contribution, the article introduces the concept of the National Security Complex to capture intra-state dynamics of securitization. This framework reveals that securitization is not only multilevel but also multi-centered within the state apparatus. The study concludes that, although the securitization of cognitive threats is becoming increasingly institutionalized, it remains constrained by normative tensions concerning civil liberties and democratic accountability. By proposing the concept of the National Security Complex, this article also addresses a theoretical gap in RSCT, which has traditionally emphasized inter-state dynamics, thereby enabling a more structured understanding of security contestation at the domestic level.
From Administrative Correction to Criminal Prosecution: An Escalation Model for JKN Claim Fraud in Indonesia Risqilah; Iin Karita Sakharina; Abdul Razak; Anggreany Arief; Anton Smirnov
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.170

Abstract

Indonesia’s National Health Insurance (JKN) reflects the constitutional commitment of the Indonesian welfare state to guarantee the right to health. Nevertheless, the program’s sustainability faces growing fiscal pressures, particularly due to healthcare fraud and abuses of authority in hospital-level fund management. This study aims to examine the available legal enforcement mechanisms for addressing abuses of authority in JKN governance and to formulate an ideal regulatory and enforcement design capable of strengthening accountability while safeguarding the sustainability of the health insurance system. This research employs a normative–empirical legal method. Normative analysis is conducted through a systematic and purposive interpretation of statutory regulations, judicial decisions, and relevant legal doctrines concerning health financing, administrative law, and anti-corruption law. Empirical data are obtained from a hospital-level case study and institutional observations to identify patterns of deviation, institutional roles, and coordination gaps among enforcement agencies. The findings reveal that enforcement currently operates through three principal pathways: administrative enforcement, criminal enforcement, and preventive governance mechanisms. Administrative enforcement includes sanctions by BPJS Kesehatan, audits by the Financial and Development Supervisory Agency (BPKP), and litigation before the Administrative Court (PTUN). Criminal enforcement is pursued through corruption proceedings before the Corruption Court (Tipikor) by the Prosecutor’s Office or the Corruption Eradication Commission (KPK), while preventive enforcement focuses on governance strengthening, digital monitoring, and compliance education. However, overlapping institutional mandates, weak inter-agency coordination, and the blurred distinction between administrative misconduct and criminal corruption significantly hinder effective enforcement. This study proposes an integrated, risk-based enforcement ladder that combines preventive, corrective, and repressive measures in proportion to risk. The article contributes theoretically by offering a clearer demarcation framework for administrative and criminal liability in healthcare fund governance, and practically by providing a tiered enforcement model to improve healthcare fraud control and preserve the long-term sustainability of JKN.
Electoral Integrity and Criminal Policy: Addressing Regional Election Offences in Democratic Governance Bayu Arjunah; Syamsul Bachri; Aswanto; Khaleel Suliman Khaleel Alrahamnah; Mohammed Jasim Mohammed; Ruslan Renggong
Nusantara: Journal of Law Studies Vol. 5 No. 1 (2026): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66325/nusantaralaw.v5i1.207

Abstract

Electoral integrity constitutes a fundamental prerequisite for democratic governance, yet regional elections (pilkada) in Indonesia continue to face persistent challenges arising from electoral offences, including money politics, intimidation, abuse of authority, and administrative manipulation. This study aims to examine the construction of criminal provisions governing regional election offences under Law Number 10 of 2016 and to formulate a criminal policy framework capable of preventing violations throughout the electoral cycle. Employing normative legal research, this study adopts a statutory, conceptual, and case-based approach. Primary legal materials consist of the 1945 Constitution of the Republic of Indonesia, regional election legislation, electoral regulations, and implementing rules issued by the General Election Commission (KPU) and the Election Supervisory Agency (Bawaslu). Secondary materials include legal doctrines, scholarly books, and peer-reviewed journal articles. The collected materials are analyzed through qualitative legal reasoning to identify normative inconsistencies and evaluate the effectiveness of existing enforcement mechanisms. The findings reveal that regional election offenses are fragmented across multiple regulatory provisions, predominantly characterized as formal offenses, and enforced within restrictive procedural timelines that depend heavily on inter-institutional coordination within the Integrated Law Enforcement Center (Gakkumdu). Consequently, criminal sanctions function primarily as a reactive instrument rather than an effective mechanism for electoral prevention and integrity protection. This study proposes a reorientation of criminal policy through the strengthening of core electoral offences, particularly those related to money politics, intimidation, administrative falsification, and abuse of public office; the integration of administrative and criminal sanctions; the simplification of evidentiary requirements; and the institutionalization of preventive measures based on campaign finance transparency, participatory oversight, and electoral risk management. These findings contribute to the development of electoral criminal law scholarship by advancing a preventive-oriented criminal policy model that reinforces electoral integrity and democratic accountability in regional governance.

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