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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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Jakarta- Bandung High-Speed Rail: A Critical Legal Analysis of Public Policy Formulation Ipik Permana; Mohamad Taufik Hidayat; Mukarto Siswoyo
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.v5i2.350

Abstract

The Jakarta–Bandung High-Speed Rail (KCJB), commercially known as WHOOSH, represents one of Indonesia’s largest strategic infrastructure projects and has generated significant legal and policy debates since its inception. While the project was intended to strengthen national connectivity and promote regional economic growth, its formulation and implementation have raised concerns regarding regulatory consistency, administrative accountability, transparency, public participation, environmental compliance, fiscal governance, and institutional oversight. This study critically examines the KCJB policy from the perspective of public policy formulation by integrating evidence-based policy, public value, policy ethics, and principles of legal governance. Employing a qualitative descriptive case study, the research analyses secondary data derived from legislation, government regulations, official reports, academic publications, judicial and administrative documents, and other authoritative sources. Data were analysed through qualitative content analysis supported by source triangulation. The findings indicate that the formulation of the KCJB policy demonstrates several legal shortcomings. First, the decision-making process reveals weaknesses in regulatory coherence and evidence-based assessment, as reflected in contested feasibility studies and significant project cost escalations that subsequently required changes in financing arrangements. Second, the policymaking process shows limited compliance with fundamental principles of good governance and administrative law, particularly transparency, legal certainty, proportionality, accountability, and meaningful public participation in strategic infrastructure decision-making. Third, the project exposes challenges in ensuring effective legal oversight of state financial commitments and environmental governance, thereby creating potential risks to fiscal accountability and public trust. These findings suggest that the legal legitimacy of strategic infrastructure policies should be evaluated not only in terms of economic efficiency but also through their conformity with constitutional principles, the rule of law, administrative legality, and democratic governance. This study contributes to contemporary legal and public policy scholarship by demonstrating that sustainable infrastructure development requires legal certainty, institutional accountability, and regulatory integrity throughout the policy formulation process.
Reconstructing Regulations on Compensation Payments in Corruption Cases Based on the Principles of Justice in Pancasila Anis Mashdurohatun; Salomo Saing; Surya Budi Darma; Sobrani Binzar; Denys Denyshchuk; B.A.S Faomasi Jaya Laia
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.v5i2.162

Abstract

This study examines the reconstruction of regulations governing compensation payments in corruption cases through the principles of justice embodied in Pancasila. The existing implementation of substitute money sanctions under Article 18(1)(b) of Indonesia’s Corruption Eradication Law has not yet achieved substantive justice, particularly in recovering state financial losses caused by corruption offenses. The study aims to identify the normative and institutional weaknesses within the current legal framework and formulate a justice-oriented reconstruction model grounded in Pancasila values. Using a socio-legal approach developed by Sabian Utsman, this research combines normative legal analysis with empirical examination of institutional practices and living law within Indonesian society. The findings reveal several structural deficiencies, including the absence of explicit asset tracing mechanisms, unclear enforcement timelines, weak coordination among enforcement agencies, and unequal treatment between individual and corporate offenders. These deficiencies allow certain perpetrators to conceal assets, evade financial accountability, and shift the punitive burden toward imprisonment rather than restitution of state losses. The fragmented coordination between the Corruption Eradication Commission, Prosecutor’s Office, Financial Transaction Reports and Analysis Center, and Ministry of Finance further weakens the effectiveness of compensation enforcement. This study proposes a reconstruction of Article 18(1)(b) by integrating comprehensive asset tracing procedures, interinstitutional coordination mechanisms, proportional sanctions, and restorative accountability principles. The reconstruction is philosophically grounded in the principles of divinity, humanity, unity, deliberation, and social justice contained in Pancasila. This research contributes to the development of progressive anti-corruption law by repositioning substitute money sanctions as an instrument of restorative state asset recovery and substantive justice rather than merely a complementary criminal punishment.
Children Are Not Criminals: Exposing Errors in Drug Law Enforcement and Reconstructing a Restorative Justice-Based Approach Andri Winjaya Laksana; Hendro Widodo; Dzaka Imtiyaz Iqbal; Dian Pramana; Vasyl Shevchenko
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.v5i2.164

Abstract

Legal protection for children involved in narcotics cases remains a critical issue within Indonesia’s criminal justice system, particularly when children who use or abuse narcotics continue to be processed as offenders and subjected to imprisonment. This study aims to analyze weaknesses in the current enforcement of narcotics law concerning children and to formulate a restorative justice-based reconstruction that prioritizes child protection and rehabilitation. The research employs a socio-legal approach by examining statutory regulations, legal principles, and the implementation of law enforcement practices concerning children in conflict with the law. The findings reveal that law enforcement practices continue to emphasize punitive and retributive measures, despite the Juvenile Criminal Justice System Law requiring deprivation of liberty to be used only as a last resort and mandating that the best interests of the child be prioritized. In practice, children who use narcotics are frequently positioned as perpetrators rather than as vulnerable individuals requiring medical and social rehabilitation, contrary to Article 54 of the Narcotics Law. Several factors—including ambiguities in the legal framework, the dominance of repressive law enforcement paradigms, limited rehabilitation facilities, inadequate institutional coordination, and low public legal awareness of children’s rights—contribute to the ineffectiveness of legal protection. This condition hinders the implementation of restorative justice and undermines the fulfillment of children’s rights as a vulnerable group. Accordingly, this study proposes reconstructing Article 79 paragraph (1) and Article 82 letter (i) of the relevant legal framework by incorporating mandatory rehabilitation measures and replacing the terminology “users and abusers” with “addicts and victims of drug abuse.” This reconstruction contributes to strengthening a child-centered criminal justice system oriented toward recovery, protection, and social reintegration.
Beyond Punishment: Reformulating Corruption Law Enforcement for State Loss Recovery Redy Handoko; Ikrar Demarkasi; Rudy Astanto; Slamet Haryadi; Viktoriya Melnykovych; Adi Sulistiyono
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.v5i2.165

Abstract

The enforcement of corruption criminal law in Indonesia has predominantly emphasized punitive measures rather than the effective recovery of state financial losses. This orientation has generated significant challenges in achieving restorative justice, particularly in ensuring the return of assets lost through corruption offenses. This study aims to analyze the weaknesses of corruption law enforcement in the framework of state loss recovery and to formulate a more justice-oriented reconstruction of financial sanctions within corruption cases. The research employs a sociological juridical method with a descriptive-analytical approach. Data were obtained from primary and secondary legal materials, including statutory regulations, legal doctrines, court decisions, and field interviews with law enforcement actors. Data collection techniques involved literature review and interviews, while qualitative analysis was applied to interpret the findings systematically. The results reveal that weaknesses in corruption law enforcement arise from three interrelated dimensions: legal structure, legal substance, and legal culture. Structurally, the police face limited transparency in corruption case handling, the Corruption Eradication Commission (KPK) experiences constraints in investigating state-loss-oriented cases due to insufficient personnel, prosecutors remain hesitant in executing replacement money sanctions, and judicial disparities persist regarding subsidiary imprisonment for unpaid replacement money. Substantively, ambiguities within Article 18 paragraphs (2) and (3) of Law Number 20 of 2001 have weakened the effectiveness of financial recovery mechanisms. Culturally, persistent justificatory attitudes toward corruption continue to undermine legal compliance. This study contributes to the development of progressive anti-corruption law by proposing a reconstruction of financial sanction regulations through extending the payment period for replacement money and establishing clearer subsidiary imprisonment provisions to strengthen state asset recovery and achieve substantive justice.
Reforming Islamic Family Justice: Integrating Legal and Psychological Perspectives in Handling Polygamy and Divorce Cases in Indonesia Farida Nurun Nazah; Wirda Garizahaq; Dwi Nur Fauziah Ahmad; Restia Gustiana; Hashim Balas
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.v5i2.290

Abstract

This research examines the application of legal and psychological integration in polygamy and divorce cases at the Tigaraksa Religious Court, Indonesia. The focus of this study is to assess the extent to which the psychological considerations of the parties (wives and children) are accommodated in the case examination process and the judges' decisions. This study uses a socio-legal approach with data derived from an analysis of annotations of polygamy and divorce case rulings (2022–2024), interviews with judges and mediators, and documentation of laws and regulations. The analysis was conducted thematically to identify patterns of normative and psychological considerations. The results show that the case resolution process is still dominated by a legalistic normative approach, with the use of psychological aspects not yet institutionalized systematically. The psychological perspective is limited to the mediation stage and is not an integral part of judicial considerations in decisions. Consequently, the psychosocial welfare dimension of the family is often not a primary consideration. The novelty of this research lies in the formulation of a problem-solving, justice-based psychological law integration model in the context of the Religious Court by encouraging the application of structured psychological assessments as an instrument for judges' consideration in polygamy and divorce cases. The main contribution of this research is to provide a conceptual framework and practical recommendations for family court reform in Indonesia, particularly to improve the quality of case examination, ensure the protection of women and children, and realize substantive justice oriented towards the welfare of the family.
A Comparison of Sanctions for Non-Compliance with the Disclosure of Origin Requirement in Patent Law and Its Relevance to Shari'ah Principles Efridani Lubis; Sukamto Kusnadi; Winahyu Erwiningsih; Noor Nadher Zghair
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.v5i2.357

Abstract

This article analyses how India, Brazil, Switzerland, and Indonesia design sanctions for non-compliance with origin disclosure obligations under patent law and examines their implications for fairness, administrative feasibility, and benefit-sharing. It employs a normative-doctrinal legal approach using comparative analysis based on five indicators: legal basis, relationship with access and benefit-sharing regimes, types of sanctions, institutional design, and implications for patent validity. The findings show that differences among these countries lie not primarily in the existence of disclosure obligations, but in sanction design and its normative function: safeguarding patent validity, ensuring biodiversity compliance, or promoting administrative transparency. India represents a stringent patent-enforcement model; Brazil demonstrates an integrated biodiversity-compliance model; Switzerland emphasises administrative transparency; while Indonesia remains largely declarative, without a fully operational enforcement framework. From a Shari'ah perspective, these variations reflect different applications of justice ('adl), proportionality (al-tanāsub), and the appropriateness of sanctions to the offence (al-jazā' min jins al-'amal). Disclosure obligations embody the principles of honesty (ṣidq) and trustworthiness (amānah), while effective sanctions help prevent the illegitimate exploitation of genetic resources and traditional knowledge (ghasb) and promote the public interest (maṣlaḥah 'āmmah). Based on these findings, the article proposes a post-treaty hybrid enforcement model combining differentiated enforcement, inter-institutional verification, and graduated sanctions. This model offers a proportionate approach by avoiding both normative symbolism without coercive force and automatic patent revocation. The article contributes a comparative typology of sanction design and its institutional consequences, while extending origin-disclosure scholarship through a Shari'ah-based analysis of justice and equitable benefit-sharing across diverse legal systems.
Rethinking the Cyber Regulatory Framework for Data Access Consent: Legal Challenges and Reform in the Hashemite Kingdom of Jordan Mohammed Ali Khaled Al-Shurman; Wail Abouabaid; Hasan Jassam Ahmed; Maher Ali Ahmad Al-Khaldi; Jamal Awwad Alkharman; Hamdan Ghunemat
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.v5i2.367

Abstract

The rapid expansion of digital technologies and cross-border data flows has fundamentally transformed the ways in which personal data are accessed, processed, and exchanged, creating new challenges for cyber regulation and individual data rights. In the Hashemite Kingdom of Jordan, the development of data protection regulations has not yet fully addressed the legal complexities associated with data access consent, technological transformation, and emerging forms of digital exploitation. This study aims to critically examine Jordan’s cyber regulatory framework governing personal data access and consent by evaluating its conceptual foundations, legislative coherence, enforcement capacity, and responsiveness to contemporary technological developments. The study employs a descriptive-analytical legal approach to examine statutory provisions, regulatory instruments, and relevant legal principles governing personal data, consent, privacy, intellectual property, and cybersecurity. A comparative approach is also employed selectively to identify regulatory practices from contemporary data protection frameworks that may inform legal reform in Jordan. The findings demonstrate a persistent regulatory gap between the pace of technological innovation and the capacity of existing legal mechanisms to provide effective and enforceable protection. Particular weaknesses emerge in the regulation of informed consent, personal data rights, data-related intellectual property interests, institutional enforcement, and cross-border data transfers. The study further finds that consent-based regulation can serve as a central mechanism for reconciling individual autonomy, data protection, and legitimate access to personal data, provided that consent is transparent, informed, specific, and effectively enforceable. Scientifically, this study contributes a reform-oriented framework for strengthening Jordan’s cyber regulatory architecture through legislative modernization, clearer institutional responsibilities, stronger cross-border cooperation, accountable data-consent platforms, technological safeguards, and enhanced public legal awareness. These reforms are essential for developing a rights-based and technologically responsive data governance regime in Jordan.
Islamic Legal Hermeneutics and Scientific Knowledge: Reinterpreting Classical Qur’anic Exegesis in Contemporary Contexts Mohamad Yusuf Ahmad Hasyim; Muhammad Azam; Kefah Kamel Ahmad Abuhannoud; Houthefa Salah Abdol Fattah Al Khalidi; Mohammad Ahmad Taher Ghuzlan; Yousef Ahmad Moh’d Badawi
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.v5i2.371

Abstract

This study examines the relationship between classical Qur’anic exegesis (tafsīr) and contemporary scientific knowledge by developing an Islamic legal-hermeneutical framework that reconciles inherited exegetical interpretations with established scientific findings without compromising the normative authority of the Qur’an. Existing scholarship has predominantly relied on scientific miracle (iʿjāz ʿilmī) narratives or broad harmonisation approaches, yet has offered limited methodological guidance grounded in the principles of uṣūl al-fiqh and uṣūl al-tafsīr. Accordingly, this research aims to formulate a systematic interpretive model capable of addressing scientific developments while maintaining textual fidelity, linguistic coherence, and juristic consistency. The study employs qualitative doctrinal legal research using an Islamic legal-hermeneutical approach. Primary sources include the Qur’an, authoritative classical tafsīr literature, foundational works of uṣūl al-fiqh and uṣūl al-tafsīr, together with contemporary scientific scholarship. Data are analysed through textual, contextual, comparative, thematic, and linguistic-semantic methods to evaluate the interaction between scriptural interpretation and scientific knowledge. The findings reveal that most apparent contradictions between classical exegesis and contemporary science originate from historically conditioned human interpretations rather than from the Qur’anic text itself. By integrating contextual interpretation (siyāq), reconciliation (jamʿ), legal preference (tarjīḥ), and semantic analysis, the proposed framework enables reinterpretation of scientifically related verses in ways that remain faithful to Islamic legal methodology while accommodating validated scientific knowledge. The study further demonstrates that Islamic legal hermeneutics provides a more balanced and methodologically rigorous alternative to both literalist and purely scientistic readings of the Qur’an. Its principal contribution lies in establishing a comprehensive interpretive model that integrates uṣūl al-fiqh and uṣūl al-tafsīr into a coherent framework for religion–science dialogue, strengthening contemporary Islamic legal theory and offering practical methodological guidance for fatwā institutions in addressing emerging scientific and technological issues.

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