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Wahyu Abdul Jafar
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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 80 Documents
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Revisiting Al-Ghazali’s Thought: Contemporary Integration of Islamic Spirituality and Economics for Community Development Nurlinda
NUSANTARA: Journal Of Law Studies Vol. 3 No. 1 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17373640

Abstract

This study revisits the thought of Imam Al-Ghazali to explore the contemporary integration of Islamic spirituality and economics as a comprehensive foundation for sustainable community development. Al-Ghazali’s intellectual legacy presents a holistic framework that harmonizes material welfare with spiritual growth, asserting that economic activity is an ethical and spiritual act oriented toward maslahah (public good) and taqwa (God-consciousness). Using a qualitative-descriptive method through a library-based and hermeneutic analysis, this research critically examines Al-Ghazali’s principal works—particularly Ihya’ ‘Ulum al-Din and al-Mustasfa—to reinterpret his economic and spiritual insights within the context of contemporary socio-economic challenges. The findings indicate that Al-Ghazali’s economic thought is anchored in the principles of maqasid al-shariah (the higher objectives of Islamic law), promoting balance between spiritual purification (tazkiyah al-nafs), justice (‘adl), and productive engagement (kasb). This integration reinforces the notion that the ultimate goal of economic development is not material accumulation, but the realization of human well-being (falah) through moral discipline and social equity. In the modern era, Al-Ghazali’s paradigm offers a transformative perspective to counteract moral decline, inequality, and materialism in global economic systems. Academically, this research contributes to the advancement of Islamic economic thought and spiritual ethics by reconstructing Al-Ghazali’s framework into a contemporary paradigm of integrative community development. It bridges classical Islamic scholarship with modern development discourse, offering a values-based model that aligns economic empowerment with ethical responsibility. Furthermore, the study provides a theoretical foundation for future interdisciplinary research linking Islamic spirituality, socio-economic justice, and sustainable development.
Ijtihad and the Dynamics of Islamic Legal Interpretation: An Epistemological Exploration in the Contemporary Context Bambang
NUSANTARA: Journal Of Law Studies Vol. 3 No. 1 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17373912

Abstract

This study examines the epistemological foundation of ijtihad and its dynamic role in interpreting Islamic law in the contemporary era. As an intellectual and methodological effort, ijtihad serves as a means for scholars to derive legal rulings from the Qur’an and Sunnah in response to emerging social realities. In today’s rapidly changing world—characterized by globalization, technological innovation, and cultural diversity—traditional frameworks of Islamic jurisprudence confront new challenges that necessitate a more flexible and contextual understanding of ijtihad. Through a qualitative-descriptive approach and library-based analysis, this research explores both classical and modern perspectives on ijtihad, tracing the evolution of its epistemological basis over time. The findings indicate that contemporary ijtihad should move beyond literal and rigid interpretations by embracing rational reflection (‘aql), ethical objectives (maqasid al-shariah), and contextual reasoning. Such an approach allows Islamic law to remain faithful to its foundational sources while also being responsive to modern social, political, and ethical issues. This study concludes that revitalizing the epistemology of ijtihad is essential for addressing complex challenges in areas such as governance, human rights, bioethics, and social justice. Academically, it contributes to the renewal of Islamic legal thought by positioning ijtihad as a dynamic framework that bridges classical jurisprudence with the needs of contemporary society—promoting a vision of Islamic law that is both authentic and transformative.
Tashwir Between Tradition and Modernity: Contemporary Debates in Hadith and Scholarly Thought Ramadan Subhi; Karnedi, Rozian; Abubakar Muhammad Jibril
NUSANTARA: Journal Of Law Studies Vol. 3 No. 02 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17382483

Abstract

Drawing, sculpture, and photography have evolved from mere artistic expressions into recognized academic disciplines, taught in universities worldwide, and even forming the basis of specialized faculties. Beyond aesthetics, these creative practices have become sources of livelihood and cultural identity in the modern era. However, their development raises profound theological and legal questions within Islamic discourse, particularly concerning the concept of taṣwīr as addressed in hadith and classical juristic thought. This study aims to explore the perspectives of hadith and Islamic scholars on taṣwīr, examining its legal, theological, and ethical dimensions. Employing a library research method, the study systematically analyzes textual sources from canonical hadith collections and the opinions of classical and contemporary scholars. The findings reveal that authentic hadiths contain stern warnings against image-making, primarily due to concerns about idolatry (shirk), imitation of divine creation, and the potential moral corruption (fitnah) associated with representational art. Scholars’ interpretations of these texts, however, vary significantly. Some jurists permit taṣwīr under specific contexts, viewing artistic representation as permissible so long as it does not promote polytheism or moral deviation. Others, predominantly from the Ḥanafī, Shāfiʿī, and Ḥanbalī schools, adopt a stricter stance, declaring all forms of image-making—whether two-dimensional or three-dimensional—as categorically prohibited, a position even regarded as ijmāʿ (consensus) by al-Nawawī, except for the Mālikī school. In contemporary discourse, this study contributes academically by bridging classical hadith interpretations with modern contexts of visual culture, including photography and digital media. 
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 : 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. 
Contemporary Anti-Gratification Frameworks in State Islamic Religious Colleges: Strategic Pathways for Building a Competitive Civilization Zulfahmi; Muhamad Hasan Sebyar; Mualimin Mochammad Sahid
NUSANTARA: Journal Of Law Studies Vol. 3 No. 02 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17382105

Abstract

State Islamic Religious Colleges (PTKIN) play a strategic role in building a competitive and ethical civilization through the application of integrity values and the prevention of gratification practices. This contemporary research aims to introduce and explore the dynamics of effective gratification prevention, with a primary focus on innovative and adaptive strategies in PTKIN. Employing a qualitative approach that integrates literature review and case study methods, this study seeks to construct a comprehensive framework for contemporary anti-gratification governance within Islamic higher education. The findings reveal that the innovation of anti-gratification frameworks has been effectively institutionalized across several PTKIN, producing significant impacts on institutional competitiveness, ethical culture, and sustainable academic development. Integrity and transparency within the academic environment serve not only as preventive mechanisms against corruption but also as foundational elements for shaping a generation of morally conscious and globally competitive scholars. The academic contribution of this study lies in its contextual integration of Islamic ethical principles with contemporary governance practices, offering a transformative model for anti-gratification policy implementation in higher education. Furthermore, PTKIN has operationalized anti-gratification initiatives through various strategic actions, including the establishment of dedicated Research Centers, the incorporation of Anticorruption Education into curricula, capacity-building programs, socialization for students and academic staff, and active collaboration with the Corruption Eradication Commission (KPK). These efforts collectively demonstrate PTKIN’s commitment to fostering integrity-based education as a cornerstone of contemporary Islamic civilization.
Revisiting the Principle of Legal Certainty: A Contemporary Analysis through the Lens of Legal Positivism Itok Dwi Kurniawan; Souad Ezzerouali
NUSANTARA: Journal Of Law Studies Vol. 3 No. 02 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17385496

Abstract

The principle of legal certainty, as formulated by Gustav Radbruch, is recognized as one of the essential values of law. It demands that legal rules be written clearly and systematically to avoid ambiguity in interpretation and application. This principle plays a crucial role in ensuring predictability, stability, and public confidence in the legal system. Within the framework of legal positivism—especially in the thoughts of John Austin and Hans Kelsen—clarity, hierarchy of norms, and the separation between law and morality serve as key foundations that strengthen the idea of legal certainty. This study adopts a normative juridical method using a conceptual and philosophical approach. It examines primary legal materials and classical theories of legal positivism to understand how the principle of legal certainty is constructed and justified within positivist reasoning. The findings show that legal certainty functions not only as a procedural guarantee to uphold the rule of law but also as a philosophical reflection of the autonomy and objectivity of the legal system. Furthermore, the study highlights that Radbruch’s theory of values enriches the positivist perspective by introducing a moral dimension to the discourse on legal certainty. The research contributes to the academic discussion by offering a theoretical synthesis between positivist and post-positivist views of legal certainty. This synthesis provides a broader understanding of law as both a normative structure and a moral framework, offering insights that can strengthen the legitimacy and consistency of modern legal systems.
Consumer Protection in the Digital Era: An Analysis of Consumer Protection in E-Commerce Ismawati; Suud Sarim Karimullah
NUSANTARA: Journal Of Law Studies Vol. 3 No. 02 (2024): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17376951

Abstract

The digital revolution has fundamentally reshaped the way consumers interact with the marketplace. The emergence of e-commerce platforms has accelerated economic transactions while simultaneously introducing complex legal challenges, particularly regarding consumer protection. This study critically examines the effectiveness of consumer protection mechanisms in the digital era, with a focus on e-commerce practices in both domestic and cross-border contexts. Using a normative, juridical, and qualitative approach, the research examines the implementation of consumer protection principles in online transactions, with a specific focus on transparency, data privacy, unfair contract terms, and the accessibility of dispute resolution channels. The findings indicate that although several legal frameworks—such as electronic transaction laws and consumer protection statutes—have adapted to digital developments, their enforcement remains inconsistent and fragmented. Many consumers are unaware of their rights in digital transactions, while existing regulations often struggle to keep pace with the rapid pace of technological innovation. The study also reveals that dispute resolution in e-commerce is still dominated by platform-based mechanisms, which tend to prioritize business interests over consumer rights. Furthermore, cross-border transactions often create jurisdictional ambiguities that weaken consumer protection. This research makes an academic contribution by presenting a conceptual model of adaptive consumer protection, which integrates technological responsiveness, legal flexibility, and ethical accountability. It extends the theoretical discourse on digital consumer law by proposing the harmonization of international standards and the establishment of collaborative enforcement mechanisms between states and digital platforms. 
Judicial Pardon in Contemporary Criminal Verdicts: Balancing Justice, Legal Certainty, and the Utility of Law Gregorius Widiartana; Sajjad Hussain
NUSANTARA: Journal Of Law Studies Vol. 4 No. 01 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17346796

Abstract

The authority of judges to grant judicial pardon—namely, the discretionary power to reduce or mitigate criminal sanctions—raises fundamental legal concerns in Indonesia's criminal justice system. While judicial discretion aims to humanise the law and consider individual circumstances of offenders, its unstructured and inconsistent application often undermines the core objectives of criminal punishment: justice, legal certainty, and legal utility. This article explores the main research questions: To what extent does judicial pardon align with the philosophical objectives of criminal sentencing? How does this practice affect legal certainty and the perception of justice in society? Employing a normative legal research method that draws on statutory, conceptual, and case-based approaches, this study critically analyses judicial decisions in which leniency or mitigation was granted under the banner of judicial pardon. The findings reveal that while judicial pardon is rooted in compassionate justice, its inconsistent use without clear normative guidelines leads to sentencing disparities, erodes public trust, and potentially weakens the deterrent effect of criminal law. Nonetheless, the study also finds that judicial pardon may serve rehabilitative and restorative aims when applied judiciously, particularly in cases involving vulnerable offenders or minor crimes. This research calls for a more transparent doctrinal framework and judicial standards to ensure that judicial pardons meaningfully contribute to the balance among justice, legal certainty, and the broader utility of law in criminal adjudication.
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 : 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.
The Contemporary Three-Kilogram LPG Gas Restriction Policy from a Fiqh Siyasah Perspective: Its Impact and Influence on the Welfare of Muslim Communities Audyna Putri Kaslam; Didik Revo Wiratama; Muhammad Roby Zen; Muhammad Fadly Roby; Amjad Hamad Abdullah
NUSANTARA: Journal Of Law Studies Vol. 4 No. 01 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17350809

Abstract

This article examines the contemporary policy of restricting the distribution of three-kilogram LPG gas by the Indonesian government through the lens of Fiqh Siyasah. The policy has generated widespread public response due to its direct impact on poor and vulnerable groups, particularly Muslim communities who depend on subsidized LPG for their daily energy needs. Using a descriptive-analytical qualitative approach, this study explores how Fiqh Siyasah principles—such as public interest (maṣlaḥah), justice (‘adl), and the protection of fundamental rights (maqāṣid al-sharī‘ah)—serve as normative instruments for assessing the legitimacy and ethical foundation of public policy. The findings reveal that restricting three-kilogram LPG gas without participatory mechanisms and social sensitivity causes greater mafsadah (harm) to impoverished communities. However, the government’s responsive actions, such as reactivating local distributors, reflect the Islamic principles of leadership flexibility and adaptability. The academic contribution of this study lies in extending the application of Fiqh Siyasah to contemporary public policy, particularly in the management of economic resources and social protection. It offers a normative framework grounded in Sharia values for evaluating and formulating public policies that promote justice, welfare, and responsiveness to the needs of Muslim communities in the modern era.

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