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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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Inheritance System Mayorat on the Komering Tribe in Urf Perspective Muhamad Imam Muddin
Nusantara: Journal of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17391015

Abstract

Purpose in study this there are 2 ( two ) , viz for knowing how system distribution inheritance according to the customs of the Komeringdi tribe Buay Pemuka District Peliung East Oku Regency , South Sumatra Province and for knowing how review Urf about inheritance the customs of the Komeringdi tribe Buay Pemuka District Peliung East Oku Regency , South Sumatra Province . The research method used is normative sociology . Research type this is Field research ( research field ). Informant in study this is the party concerned , chief custom and society local . Based on results study could concluded namely : 1) Implementation inheritance Majority ethnic group Komering in Buay Pemuka District Peliung conducted when heir already died , that is inheritance fall down to child man oldest as expert responsible heir _ answer to his younger siblings as well as family replace role heir (father) as head family . If in a family the no have child man so son-in-law considered man _ or made successor name family the . 2) Review of Islamic Law against implementation system distribution heritage of the Komering Tribe in Buay Pemuka District Peliung East Oku Regency , South Sumatra Province, When reviewed from law inheritance system distribution treasure inheritance mayor ethnic group Komering no can enforced draft inheritance because many difference Among inheritance Islamic law with inheritance ethnic group Komering . In system his inheritance treasure inheritance more dominant inherited to child man whereas child woman get a third just
Child Playing Online Game in the Sadd al-Zari'ah's Perspective Muhammad Kurtubi
Nusantara: Journal of Law Studies Vol. 1 No. 1 (2022): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17390959

Abstract

Abstract: This study aims to find the sadd al-zari'ah review of children playing online games. This research is qualitative, and the approach taken is normative. The study results show that from the Perspective of sadd al -zari'ah, online games have an impact when children play them continuously, including negligence in time, unruly, declining health, leaving obligations, and reduced interest in learning. Some of these impacts are prohibited, even included in the illegitimate category. Therefore, in terms of sadd al -zari'ah, because the mafsada that is caused is greater than a grave sin, playing games is an act that is forbidden, and parents may even be obliged to prohibit their children from playing. Even so, if children play online games that do not have an impact that causes mafsada, such as setting time and not leaving obligations, parents may not forbid children from playing because playing is the right of children and online games are games that have permissible laws to play. Keywords: Children, Online Games, Sadd al-Zariah
Pancasila As A Philosophical Basis Of Law Formation In Indonesia Vincentius Setyawan
Nusantara: Journal of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17388726

Abstract

Abstract: The significance of legal philosophy in shaping Indonesian law is paramount, with Pancasila serving as the cornerstone of all legal foundations. Mandating that every Indonesian law must derive from Pancasila, it stands as the epitome of legal sources. As the bedrock of legislation and regulations in Indonesia, Pancasila emanates from the fundamental values ingrained in living law. Employing normative legal research methods and a conceptual legal approach, this article delves into the profound influence of Pancasila on the Indonesian legal framework. The findings underscore the colossal role of Pancasila as the philosophical underpinning of prevailing laws and regulations in Indonesia, exerting a substantial impact on the formulation of legal norms. Functioning as a spiritual principle within Indonesian law, Pancasila serves as the bedrock for constructing and shaping the entire Indonesian legal system. This study illuminates the pervasive influence of Pancasila, elucidating its intricate role in the intricate tapestry of Indonesia's legal landscape.    
Contextualization of Employment of Zakat Form The Perspective of Mafhum Muwafaqah Suwarjin
Nusantara: Journal of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17390121

Abstract

This study describes the contextualization of the utilization of zakat assets based on the current context so that zakat assets can be used as social instruments in overcoming various problems faced by modern Muslim society. The method used is the Mafhum Muwafaqah, which extends the meaning of a text from the explicit meaning to the implied meaning as long as the meaning is still correlated with the explicit meaning. No research results have explained this object using the understanding of the muwafaqah approach, so this research contains an element of novelty. This Article concluded that the eight ashnaf targets of zakat as mentioned in the verse in sura al-Maidah 63, are not limited in nature but can be expanded in the scope of meaning. Poor-poor Ashnaf can expand its scope to fund home renovations, pay mortgages/home loans, and pay BPJS Health and BPJS Employment contributions. Muallaf are not limited to people but can expand their reach to legal entities or social institutions, such as muallaf centres, efforts to stem Christianization, publishing books to enlighten people prone to apostasy and others. Freeing enslaved people can broaden the scope of its meaning by providing employment for migrant workers and providing legal assistance to migrant workers who are involved in legal problems in other countries. Gharimin can expand its scope to charitable and philanthropic institutions, Sabilillah can expand to strategic community projects, such as water pipe connections clean, and Ibnu Sabil can expand its reach to provide comfort to volunteers handling natural disasters
State Policy Towards Religious Moderation: A Review of the Strategy for Strengthening Religious Moderation in Indonesia Fauzan Fauzan
Nusantara: Journal of Law Studies Vol. 2 No. 1 (2023): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17390147

Abstract

In the direction of state policy, religious moderation has been contained in the National Medium-Term Development Plan (RPJMN) for 2022-2024. The Ministry of Religion is one of the institutions explicitly given by the state to carry out government affairs in the field of religion, especially in strengthening religious moderation. This paper aims to analyze the indicators in implementing the strategy to strengthen the policy direction of religious moderation in the ministry of religion. The method uses library research based on analysis from various reference sources, both books and online journals. This paper concludes that strategies to strengthen the direction of religious moderation are grouped into four indicators: 1). national commitment; 2). Tolerance; 3) non-violence; 4) acceptance of local culture. This paper also shows that the strategy of strengthening moderation requires the participation of all parties. In this case, social agents, community leaders, and religious leaders are expected to play an active role in a moderate attitude toward religion
The Evolution of Islamic Civil Law in Indonesia: Developments, Contemporary Challenges, and Future Directions Dewi Fransiska Mamonto; Selfrinda Rezkita Mahmud; Risnawati Utina; Geya Sukmawati; Fahira Nadra Male
Nusantara: Journal of Law Studies Vol. 3 No. 02 (2024): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17385985

Abstract

This article explores the development of Islamic civil law in Indonesia, focusing on the areas of marriage and inheritance. It traces how Islamic legal norms have evolved during the reform era, examining both their practical implementation and the intellectual discussions that accompany them. The development of Islamic civil law reflects Indonesia’s ongoing efforts to harmonize Islamic legal values with the country’s plural legal system, which accommodates religious, customary, and state laws. The study uses a normative juridical method with a historical and conceptual approach. It analyzes primary and secondary legal materials, including statutory regulations, judicial decisions, and academic literature, to understand how Islamic civil law has been interpreted and adapted in the Indonesian context. Key issues discussed include the legal status of children born out of wedlock, marriage registration, polygamy, mandatory wills (wasiat wajibah), substitute heirs (ahli waris pengganti), and other aspects related to marriage and inheritance. The findings show that the development of Islamic civil law in Indonesia represents both continuity and change. While it maintains the essence of Islamic legal principles, it also responds to contemporary social realities, gender equality concerns, and the need for legal certainty. This adaptation demonstrates the dynamic nature of Islamic law and its capacity to evolve in line with societal transformation. Academically, this research contributes to the discourse on Islamic legal reform and legal pluralism by providing a comprehensive understanding of how Islamic civil law functions within Indonesia’s modern legal framework. 
The Contemporary Politics of Welfare and Anxiety: A Fiqh Siyasah Review of Indonesia’s 2045 Vision Amir; Akmal Adzharuz Dzaki; Sandi Prayoga; Aadil Ahmad Shairgojri
Nusantara: Journal of Law Studies Vol. 4 No. 01 (2025): Nusantara: Journal of Law Studies
Publisher : PT. Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17353871

Abstract

The Vision of Golden Indonesia 2045 represents a strategic national aspiration in celebrating a century of Indonesian independence. However, achieving this vision requires more than economic growth and infrastructure development; it also demands governance that is just, transparent, and grounded in the nation’s moral and spiritual values. This study aims to analyze the direction of government policies toward Golden Indonesia 2045 from the perspective of fiqh siyasah, focusing on how the principles of maṣlaḥah (public interest), ‘adālah (justice), shūrā (consultation), and amānah (trust) are reflected in current policymaking practices. This research employs a qualitative field approach, utilizing in-depth interviews with government officials, academics, and Muslim community leaders, supported by document analysis of national policy frameworks. The findings reveal that while national development plans are conceptually aligned with Islamic principles, their implementation remains weak in terms of distributive justice, public participation, and accountability. The gap between policy design and execution has resulted in unequal development outcomes, particularly affecting lower-income Muslim communities. This study contributes to the development of contemporary fiqh siyasah by integrating normative analysis with empirical field data. It proposes a maqāṣid al-sharī‘ah-based framework for assessing public policies to promote governance that is just, participatory, and oriented toward collective welfare in realizing Indonesia’s 2045 vision.
Bridging Law and Practice in Systematic Complete Land Registration (PTSL): A Juridical Analysis of the National Land Agency's Authority Zetria Erma; Said Rizal; Elvira Fitriyani Pakpahan; Heriyanti; Roswita Sitompul
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.v5i2.161

Abstract

Systematic Complete Land Registration (Pendaftaran Tanah Sistematis Lengkap/PTSL) constitutes a strategic legal instrument introduced by the Indonesian government to accelerate nationwide land registration while strengthening legal certainty, protecting property rights, and improving land governance. Despite its ambitious objectives, the implementation of PTSL continues to encounter institutional, administrative, and socio-legal challenges that affect the effectiveness of the National Land Agency's (Badan Pertanahan Nasional/BPN) authority in translating legal mandates into practice. This study aims to examine the legal authority of the National Land Agency in implementing PTSL, evaluate the gap between regulatory provisions and field implementation, and identify the principal factors influencing the effectiveness of the program. Employing an empirical juridical field research design with a socio-legal approach, this study collected primary data through semi-structured interviews with officials responsible for PTSL implementation within the National Land Agency, complemented by observations and document analysis. Secondary data were obtained from statutory regulations, government policies, scholarly literature, and relevant legal documents. Data were analyzed qualitatively using an interactive model involving data reduction, categorization, interpretation, and triangulation to ensure the validity and reliability of the findings. The results demonstrate that although the National Land Agency possesses a comprehensive legal mandate under the prevailing regulatory framework, practical implementation remains constrained by limited public awareness, financial burdens associated with taxation and administrative costs, inadequate boundary demarcation, low institutional trust, and insufficient budgetary support from both central and local governments. The study further reveals that inter-institutional coordination, community engagement, and adaptive public communication significantly enhance the effectiveness of PTSL implementation. This research contributes to the development of land law scholarship by bridging the normative framework of administrative authority with empirical implementation, offering recommendations for strengthening institutional governance, improving regulatory effectiveness, and promoting sustainable legal certainty in Indonesia's national land registration system.
Digital Democracy, Political Literacy, and Post-Truth Politics: A Systematic Literature Review of Their Influence on Generation Z's Political Engagement Agust Jovan Latuconsina; Fendy Suhariadi; Suparto Wijoyo
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.v5i2.336

Abstract

This study addresses the growing challenge of understanding how digital democracy, political literacy, and post-truth politics collectively influence Generation Z’s political engagement in Indonesia amid the rapid expansion of digital media and increasing exposure to misinformation. It seeks to answer the following research questions: (1) How have studies on digital democracy, political literacy, and post-truth politics evolved? (2) What are the dominant research themes and emerging trends in this field? Furthermore, (3) How do these factors shape Generation Z’s political participation in the Indonesian context? To address these questions, this study employs a systematic literature review based on the PRISMA framework combined with bibliometric analysis. A total of 1,382 publications published between 1979 and 2024 were analysed using Biblioshiny in RStudio to identify publication trends, thematic clusters, collaboration networks, and research gaps. The findings reveal that digital democracy has significantly expanded opportunities for Generation Z’s political participation by facilitating access to information, political expression, and civic engagement. However, these opportunities are accompanied by challenges, including the widespread dissemination of misinformation, limited political literacy, and the growing influence of emotional narratives characteristic of post-truth politics. The analysis further emphasises the importance of political literacy and civic education in strengthening young people's ability to evaluate political information and critically resist disinformation. This study contributes to the academic literature by integrating systematic literature review and bibliometric analysis to provide a comprehensive overview of research developments, identify underexplored areas, and propose a conceptual foundation for future studies on youth political engagement in the digital era. Furthermore, the findings offer practical implications for educators, policymakers, and digital platform regulators in designing evidence-based strategies to promote informed, resilient, and democratic political participation among Generation Z in Indonesia.
Reconceptualizing Presumed Consent in Emergency Health Services: Legal Status and Evidentiary Challenges Endang Sutrisno; Retno Citraning Asih
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.v5i2.348

Abstract

Emergency healthcare services often create legal dilemmas because healthcare professionals are obligated to provide immediate life-saving treatment, while high-risk medical procedures generally require prior informed consent. This situation creates legal uncertainty when patients are unconscious or otherwise incapable of providing consent, and no family members or legal representatives are available. Accordingly, this study addresses two research questions: (1) what is the legal status of presumptive consent in emergency healthcare services under Law Number 17 of 2023 on Health, and (2) what is its evidentiary value as a basis for legal protection of healthcare professionals in medical disputes? This study employs a normative legal research method using statutory and conceptual approaches, analyzing primary, secondary, and tertiary legal materials through descriptive-qualitative analysis. The findings reveal that Law Number 17 of 2023 provides an explicit legal basis for applying presumptive consent through Article 80 paragraph (3) and Article 293 paragraph (9) as an exception to the general requirement of informed consent in emergencies. However, its evidentiary value can only be established when medical actions are performed in accordance with professional standards and standard operating procedures, undertaken in good faith for the patient's best interests, and supported by complete and accurate medical records. This study contributes to the academic discourse by developing a legal framework that positions presumptive consent as both a doctrine of legal justification and an evidentiary instrument within Indonesia's health law following the enactment of Law Number 17 of 2023, thereby enriching the literature on legal protection for healthcare professionals in emergency medical services.

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