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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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Navigating Legal Constraints in Asnaf Housing Development on Waqf Land in Malaysia Asiah Aqilah Abdul Ghani; Md Yazid Ahmad; Nurul Ilyana Muhd Adnan; Mohd Nasran Mohamad; Mustapha Sheikh; Salameh Mohammad Rida Al-Omari
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.218

Abstract

Zakat and waqf are Islamic social finance instruments with considerable potential to address the housing needs of the asnaf in Malaysia through a combination of immediate financial support and long-term asset-based provision. However, sustainable asnaf housing remains difficult to realise despite the increasing number of housing initiatives undertaken by zakat and waqf institutions under the State Islamic Religious Councils. This difficulty is not attributable solely to financial and administrative constraints, but also reflects structural legal and institutional issues, including regulatory fragmentation, the legal status of waqf land, institutional disharmony among State Islamic Religious Councils, and the absence of clear legal engineering mechanisms for integrating zakat and waqf in housing development. Existing studies have largely examined zakat and waqf separately, leaving a significant gap in the absence of an operational legal and institutional framework for their integration into asnaf housing development in Malaysia. Accordingly, this study aims to examine the theoretical foundations of zakat waqf integration and to analyse the principal challenges affecting asnaf housing and waqf land development. The study employed a qualitative narrative literature review supported by thematic content analysis of primary and secondary sources, including academic journals, research reports, books, and relevant legal materials. The findings show that asnaf housing problems are shaped by interrelated economic, governance, and legal factors, including limited access to adequate housing, financing constraints, weak waqf asset management, fragmented institutional practices, and unresolved legal issues that hinder the operational integration of zakat and waqf. This study contributes by demonstrating that the challenge of asnaf housing development is not merely a matter of welfare delivery or resource limitation. However, it reflects a structural gap in the legal and institutional construction of zakat and waqf governance within Malaysia’s multi-layered legal system. 
Reconstructing the Legal Enforcement Framework for Digital Activism in an Era of Technological Disruption Nibrosu Rohid; Rahma Sugihartati; Bagong Suyanto; Oleksandr Gotin; Nabrisi Rohid; Sukisno
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.236

Abstract

The rapid expansion of digital technologies has transformed civic engagement by enabling digital activism as a powerful medium for public participation, social advocacy, and democratic expression. While these developments strengthen citizen engagement, they also create significant legal challenges in balancing freedom of expression with the need to maintain public order and prevent digital misconduct. This study reconstructs the legal enforcement framework governing digital activism in the era of technological disruption by identifying regulatory deficiencies, evaluating current enforcement practices, and proposing a more adaptive and rights-based legal model. The research employs a qualitative normative legal methodology complemented by a socio-legal perspective. It analyzes statutory regulations, legal doctrines, judicial decisions, and policy frameworks concerning digital expression and online activism. Data were collected through a systematic review of legal documents, scholarly literature, and policy reports, then examined using conceptual and comparative legal analysis to identify structural weaknesses within existing enforcement mechanisms. The findings demonstrate that current enforcement remains largely rooted in conventional regulatory paradigms that inadequately address the complexity of digital activism. Ambiguous legal provisions, overlapping institutional authorities, and inconsistent enforcement practices generate legal uncertainty and increase the risk of over-criminalizing legitimate civic expression. Furthermore, the absence of clear legal standards governing digital advocacy, online mobilization, and algorithm-driven information dissemination complicates effective enforcement and weakens legal certainty. This study proposes a reconstructed enforcement framework grounded in the principles of proportionality, transparency, accountability, and digital rights protection. The framework emphasizes adaptive regulation, integrated digital governance, institutional capacity building, and clearer legal standards for technology-mediated civic participation. By bridging technological realities with constitutional safeguards, the proposed model contributes to contemporary legal scholarship on digital governance while offering practical policy recommendations for developing a more balanced, accountable, and responsive legal system capable of addressing the evolving challenges of the digital era.
Sustainability of Waqf Zurrī: Legal Analysis of Malaysia and Indonesia Noor Lizza Mohamed Said; Mohamad Mu'az Fakhri Aziz; Mahmood Shaker Abood Alaloosh
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.259

Abstract

This study examines the sustainability of waqf zurrī through a statutory analysis of waqf zurrī legislation in Malaysia and Indonesia based on the views of classical jurists. Several Muslim-majority countries, such as Egypt, Tunisia, Libya, and the United Arab Emirates, have restricted and repealed waqf zurrī laws due to social, economic, and administrative factors, despite the absence of explicit Shariah prohibition. The main question is whether the legal frameworks in Malaysia and Indonesia contain sustainability elements capable of preventing the factors that led to the restriction and repeal of waqf zurrī in other Muslim countries. This study employs a qualitative doctrinal legal research design based on document analysis to evaluate sustainability elements within legal frameworks. The analysis focuses on Malaysian state waqf enactments, namely the Wakaf (Perak) Enactment 2015, the Wakaf (Terengganu) Enactment 2016, and the Wakaf (State of Selangor) Enactment 2015, as well as Indonesia’s Law of the Republic of Indonesia Number 41 of 2004 and Government Regulation of the Republic of Indonesia Number 42 of 2006, supported by fiqh analysis of juristic opinions. The findings indicate that sustainability elements within waqf zurrī legislation in Malaysia and Indonesia are reflected in statutory definitions, fundamental concepts of waqf zurrī, and governance mechanisms, including legal provisions, managerial competency, protection of family beneficiaries’ rights, continuity of benefits, protection of mawqūf from Improper Interference, and statutory authority for strengthening waqf zurrī. The study suggests that the statutory implementation of waqf zurrī in Malaysia and Indonesia can serve as a reference for other Muslim countries in ensuring the sustainability of waqf zurrī for the welfare of Muslim communities. This research contributes to contemporary fiqh discourse by discussing the sustainability elements reflected in waqf zurrī legislation in Malaysia and Indonesia based on the integration of Shariah principles and modern legal structures.
Contested Puberty: Judicial Discretion, Moral Regulation, and the Persistence of Child Marriage in Indonesia Y Sonafist; Azhar; Syukrawati; Nurjanah Nurjanah; Wail Abouabaid
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.278

Abstract

The 2019 revision of Indonesia's Marriage Law raised the minimum marriage age to 19, yet produced a striking paradox: rather than reducing child marriage, it precipitated a sharp increase in marriage dispensation applications in religious courts. This article argues that the reform displaced the site of legitimation for child marriage—shifting authorization from administrative registration to judicial approval through dispensation mechanisms—revealing not merely a failure of legal implementation, but a deeper process through which the state and judiciary actively reproduce the legal boundaries of adulthood and child protection. Drawing on a socio-legal framework, this study employs critical discourse analysis of two complementary sites: the normative constructions embedded in the Marriage Law—particularly the ambiguous phrase "urgent reasons"—and the judicial reasoning inscribed in religious court dispensation decisions. An empirical examination of trends in national post-reform dispensation supplements this dual-object analysis. Together, these methods trace a discursive struggle between two competing normative orders: state-led discourses of child protection and gender equality on one side, and moral-religious discourses mobilized by judges in interpreting puberty, social readiness, and family honor on the other. The findings reveal that broad judicial discretion functions as an institutional mechanism through which child marriage continues to obtain legal legitimacy despite the formally elevated minimum age, which this article terms the "judicial backdoor." Judges routinely authorize dispensations by invoking moral-religious considerations such as pregnancy, the imperative to prevent zina, and avoidance of social stigma, thereby subordinating child rights protections to communal moral norms. Without standardized criteria for "compelling grounds" and a child rights-based evaluative framework, legal reform risks functioning as a symbolic gesture that leaves the patriarchal structures underpinning child marriage substantively intact. This article contributes to broader debates on legal pluralism, judicial discretion, and the challenges of implementing gender-sensitive reform in socio-religious contexts.
Organ Transplantation in Saudi Arabia: Psychological Evaluation and Sharia-Legal Framework Hajed A. Alotaibi; Motaz T. Alotaibi
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.v5i1.329

Abstract

The case of organ donation and transplantation in Saudi Arabia presents complex ethical issues concerning the protection of donors, patient welfare, and societal trust within an Islamic ethical system that emphasises the right to life, non-maleficence, and amānah. The Saudi Centre of Organ Transplantation (SCOT) coordinates governance in this area, while clinical evidence indicates that psychosocial factors—including coercion risk, mental health status, and family dynamics—significantly influence donor and recipient outcomes. This paper employs a doctrinal–normative–evidence synthesis drawing on official Saudi donor policies, Islamic jurisprudential foundations of necessity, harm prevention, and consent protection, as well as existing clinical literature on psychosocial considerations in both living and deceased donor contexts. The findings support a Saudi-proportional model of protective safeguarding, in which organ donation is deemed morally defensible when it is freely given, medically safe, and minimises harm through structured psychosocial screening, independent donor advocacy, and systematic follow-up. This Sharia–legal–psychological continuum strengthens vulnerability assessment, enhances donor protection, improves patient welfare, facilitates culturally sensitive family engagement without undermining donor autonomy, and aligns data governance with Saudi Arabia's digital transformation agenda. Other Muslim-majority jurisdictions may adopt this framework to develop comparable models that integrate Islamic ethics with contemporary transplantation regulatory standards. Academically, this paper contributes by proposing the first operationalised "proportional safeguarding" model that systematically integrates maqāṣid al-sharīʿah reasoning, Saudi transplant governance, and clinical psychosocial evidence into an auditable and practice-ready framework, thereby advancing the field beyond abstract permissibility rulings toward institutionally implementable donor protection standards.
AI-Driven Sharia Governance in Islamic Digital Payment Systems: Developing a Contemporary Islamic Law Framework for Ethical and Regulatory Compliance Muhammad Azam; Rawdah Abdul Karim Mohammad Pharaon; Elsoghair Mahdy; Manal Abdellatif Issa Albabili; Burhan Alsyouf; Bagdat Bagayev
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.339

Abstract

The rapid advancement of artificial intelligence (AI) and digital financial technologies has transformed the operational landscape of Islamic financial institutions, creating both new opportunities and significant challenges for Sharia governance. As Islamic digital payment systems increasingly rely on AI-driven tools for transaction monitoring, fraud detection, risk assessment, and compliance verification, important questions arise regarding their compatibility with the principles and objectives of Islamic law. This study examines the role of AI in strengthening Sharia governance within Islamic digital payment ecosystems and evaluates its effectiveness in identifying prohibited elements, including riba, gharar, and other forms of financial misconduct. Using a doctrinal legal research methodology supported by comparative analysis and qualitative content analysis, the study examines primary and secondary sources of Islamic law, including the Qur'an, Sunnah, classical fiqh literature, contemporary Sharia governance standards, and regulatory frameworks from selected Islamic finance jurisdictions. The findings suggest that AI can substantially enhance Sharia compliance through real-time monitoring, predictive analytics, and automated auditing mechanisms. However, concerns related to algorithmic transparency, explainability, accountability, and the inherent limitations of AI in performing ijtihad and issuing fatwa-based judgments prevent it from replacing human scholarly authority in Sharia decision-making. The study argues that AI should function as a decision-support tool rather than an autonomous Sharia decision-maker. To address the governance challenges associated with AI implementation, the article proposes a contemporary Islamic law framework built upon five interconnected pillars: Human-Centered Sharia Supervision, Explainable Artificial Intelligence (XAI), Maqasid al-Shariah Compliance, Continuous Sharia Auditing, and Regulatory Accountability. This framework aims to harmonize technological innovation with the ethical, legal, and jurisprudential foundations of Islamic law while ensuring responsible and trustworthy AI deployment in Islamic finance. The study contributes to the growing literature on Islamic FinTech and AI governance by offering a normative framework for regulating AI applications in Islamic digital payment systems.
Geographical Indications and Trademark Conflicts: A Comparative Study of Legal Protection and Judicial Enforcement Zeyad Tareq Al-Rawe; Khaled Abdelfatah Mohamed Khalil; Sahar Abdelsttar Emam Aly; Abdelraouf Hassan Abouelhadid; Moustafa Aboumandour Mousa Eisa
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.319

Abstract

Geographical indications (GIs) have become an essential component of the international intellectual property regime, protecting products whose quality, reputation, and commercial value are intrinsically linked to their geographical origin. Nevertheless, conflicts between geographical indications and trademarks continue to create legal uncertainty because of divergent national approaches to ownership, priority, coexistence, and enforcement. This study aims to examine the legal relationship between geographical indications and trademarks comparatively, evaluate the effectiveness of judicial enforcement in resolving such conflicts, and develop an integrated legal protection framework to strengthen the economic competitiveness of GI products in international markets. The research adopts a normative legal methodology with a comparative law approach, analysing international legal instruments, including the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Geneva Act of the Lisbon Agreement, together with national legislation and landmark judicial decisions from the European Union, the United States, and selected Arab jurisdictions. The findings demonstrate that the effectiveness of GI protection depends not only on substantive legal provisions but also on the consistency of judicial enforcement and the institutional commitment to preserving the distinctiveness of geographical names. Comparative case analysis further reveals that effective judicial protection strengthens market exclusivity, enhances consumer confidence, and improves product competitiveness, whereas inconsistent enforcement facilitates the genericization of geographical names and diminishes the commercial value of geographical indications. The study concludes that balancing trademark rights and protection of geographical indications requires harmonized legal standards, coherent judicial interpretation, and stronger institutional coordination to prevent consumer confusion while safeguarding legitimate commercial interests. This research contributes to the advancement of comparative intellectual property scholarship by proposing an integrated framework for judicial enforcement that enhances legal certainty, promotes fair competition, preserves product authenticity, and supports the sustainable global competitiveness of geographical indication products.
Patent Protection for Artificial Intelligence: Contemporary Legal Challenges and Regulatory Perspectives Sarmad Dalaf Hanoosh; Ahmed Abed; Souria Mazouz; Aqeel Sarhan Fayyadh; Neamah Rashid Salih
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.322

Abstract

The rapid advancement of artificial intelligence (AI) technologies has created significant legal challenges within the framework of intellectual property law, particularly regarding the adequacy of patent protection for AI applications. Traditional patent systems were originally designed to regulate inventions created by human inventors, which has raised uncertainty concerning the legal status of AI-related innovations and their compliance with patentability requirements. This research examines the extent to which existing patent provisions can provide effective legal protection for artificial intelligence applications under Iraqi law in comparison with selected comparative legal systems. The study seeks to answer several questions, including whether AI applications may qualify as patentable inventions, whether traditional patent conditions remain sufficient to address AI technologies, and what legal implications arise from granting patent protection to such applications. The research adopts a doctrinal legal methodology based on descriptive, analytical, and comparative approaches. It relies on primary legal sources, including legislation, judicial decisions, and international agreements, as well as secondary academic sources on artificial intelligence and patent law. The study finds that although traditional patent rules face challenges in accommodating AI technologies, patent law remains one of the most appropriate legal mechanisms for protecting AI applications, particularly when they satisfy the requirements of novelty, inventive step, and industrial applicability. The research further concludes that current Iraqi patent legislation requires legislative reform to address the unique characteristics of AI technologies and to establish more flexible legal standards capable of responding to rapid technological development. The academic contribution of this study lies in clarifying the relationship between AI applications and patent protection and in proposing legal approaches that balance technological innovation with effective intellectual property protection.
Compensation for Loss of Opportunity in Electronic Transactions: A Comparative Analytical Study in Light of Contemporary Digital Developments Ibrahem Ali Hammadi; Salman Ali Humadi; Husham Hamed; Sameer Aboud Farhan; Kamil Sulaiman
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.324

Abstract

The rapid expansion of electronic commerce and digital technologies has generated new forms of civil liability, particularly concerning compensation for the loss of opportunity arising from electronic transactions. Existing legal frameworks, primarily developed for conventional contractual and tortious relationships, often fail to adequately address damages arising from technical failures, cybersecurity incidents, system disruptions, delayed electronic performance, and other digital risks. This study aims to examine the legal nature of compensation for loss of opportunity in electronic transactions, identify the legal requirements for establishing liability, analyse the evidentiary standards applicable to digital harm, and evaluate the principles governing the assessment of compensation. The research employs a comparative analytical methodology to examine legal doctrines, statutory provisions, and judicial precedents across the French, Egyptian, and selected Arab legal systems, particularly those of the United Arab Emirates and Jordan. The findings reveal that loss of opportunity constitutes an independent and legally compensable category of damage whenever a genuine and substantial probability of obtaining a benefit or avoiding a loss is interrupted by an electronically attributable fault. The study further demonstrates that compensation should be calculated based on the objective value of the lost opportunity rather than the total anticipated benefit, thereby preserving the proportionality between the interests of injured parties and the limits of civil liability. Moreover, the increasing reliance on digital evidence, electronic records, cybersecurity documentation, and technical expert testimony significantly strengthens the determination of causation and the assessment of damages in electronic transactions. This study contributes to the advancement of comparative civil liability scholarship by clarifying the legal framework governing compensation for digital loss of opportunity and by proposing a contemporary legal approach that enhances legal certainty, reinforces judicial consistency, strengthens consumer and commercial protection, and promotes greater confidence in electronic commerce amid the ongoing digital transformation.
Reconstructing Legal Protection for Construction Service Providers in Construction Contracts Based on Pancasila Justice Syamsiar Nurhayadi; Muhammad Ridwan Lubis; Dzaka Imtiyaz Iqbal; Andi Aina Ilmih; Naavi'u Emal Maaliki; Mahmoud Ali Al-Sobh
Nusantara: Journal of Law Studies Vol. 5 No. 2 (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.v5i2.355

Abstract

Legal protection for construction service providers in construction contracts remains inadequate despite the enactment of Law Number 2 of 2017 on Construction Services. The existing regulatory framework imposes extensive obligations on service providers while failing to establish effective legal consequences for service users who delay contractual payments, thereby creating an imbalance of rights and obligations. This study aims to examine the regulatory weaknesses in the legal protection of construction service providers and to propose a reconstruction of the legal framework grounded in the principles of Pancasila justice. Employing a normative legal research method, the study analyzes statutory regulations, legal doctrines, judicial principles, and conceptual approaches to identify inconsistencies within the current legal regime. The findings reveal that the existing framework does not adequately ensure equitable contractual protection, as Article 47 lacks explicit provisions imposing sanctions on service users for late payments. These deficiencies are reflected in three interrelated dimensions: legal substance, which fails to provide balanced sanction mechanisms; legal structure, characterized by the absence of an independent and competent construction contract audit institution; and legal culture, where procurement practices continue to prioritize the lowest bid over fairness, professionalism, and service quality. To address these shortcomings, this study proposes a reconstruction of Article 47 by introducing mandatory payment obligations within agreed contractual periods, accompanied by enforceable sanctions in the form of material and immaterial compensation for unjustified payment delays. The proposed reconstruction integrates the values of Pancasila justice, emphasizing balance, proportionality, good faith, and social justice as fundamental principles of contractual relations. The study contributes to the development of construction contract law by offering a justice-oriented regulatory model that strengthens legal certainty, enhances contractual fairness, protects construction service providers, and promotes a more equitable legal system in Indonesia's construction services sector

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