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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 49 Documents
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Contemporary Reflections on Abuse of Authority in the Coastal Wall Project within the Framework of Sharia Economic Law lombo, Juliandre Lombo; Rungarun Boonsayan
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.17349677

Abstract

This study aims to analyse the case of abuse of authority in the coastal wall construction project in Tangerang, Banten, from the perspective of Sharia Economic Law. The case drew attention due to maladministration, document forgery, and the illegal issuance of land ownership and building use rights certificates, resulting in the loss of fishermen's access to their traditional fishing grounds and causing economic losses of up to IDR 24 billion. This study addresses two main questions: (1) What forms of authority abuse occurred in the project? Moreover, (2) How do the principles of Sharia Economic Law, such as trust (amanah), justice ('adil), and public benefit (maslahah), assess such actions? The research employs a qualitative approach, utilising a normative-juridical method and a comparative sharia perspective, which involves content analysis of legal documents, investigative reports from state institutions, and literature in fiqh muamalah. The findings show that the abuse of authority not only violates Indonesian positive law but also contradicts key principles of Sharia Economic Law. The absence of the sharia-based tenets in public governance contributes to social inequality, loss of public trust, and ethical decay in resource management. The study concludes that integrating the national legal system with the values of Sharia Economic Law is essential to prevent power abuse and enhance the accountability of public officials.This research presents an alternative framework based on maqāṣid al-sharī‘ah for the ethical evaluation of public policies, serving as an early reference for applying Sharia Economic Law in cases of authority abuse in infrastructure development.
Contemporary Challenges and Prospects of Mediation in Contested Divorce Cases in Indonesia Yangto; Sayehu; Nafan Tarihoran; Mustafa Ali Almagdub
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.17354688

Abstract

Contested divorce cases in Indonesia have increased significantly over the past decade, revealing deep social and gender tensions within the contemporary Islamic family law system. Although mandatory mediation is regulated under Supreme Court Regulation (PERMA) No. 1 of 2016, its implementation remains largely ineffective and inconsistent. This raises critical questions: to what extent does mediation serve as a genuine conflict resolution mechanism rather than a formal procedural requirement? How effective is it in reducing litigation, ensuring justice, and what institutional and socio-cultural barriers limit its success? This study employs a combined meta-analysis and systematic review using PRISMA 2020 guidelines, examining 41 verified scientific articles, empirical reports, and case studies published between 2010 and 2024 from Scopus, PubMed, Mendeley, and ScienceDirect. The main findings indicate: 1) mediation success rates remain below 20%, particularly in cases involving domestic violence, financial disputes, and high emotional conflict; 2) institutional gaps, including undertrained mediators and the absence of standardized practices, contribute to procedural inconsistencies; 3) structural issues, such as gender imbalances and low public trust in non-litigation processes, further weaken the potential of mediation. Comparative analysis with Malaysia, Morocco, and Egypt shows that mediation is more effective when grounded in religious legitimacy, gender equality, and cultural sensitivity. This study contributes to the contemporary Islamic family law literature by providing a fiqh siyasah-based framework for evaluating mediation and offers practical guidance for judges, policymakers, and scholars to develop fair, sustainable, and culturally informed mediation policies in Indonesia.
Kafa’ah in Contemporary Islamic Marriage: Insights from a Systematic and Meta-Analytical Review Fathullah; Sayehu; Nafan Tarihoran
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.17355035

Abstract

The concept of kafa’ah (marital compatibility) in Islamic marriage law has long served as a normative framework to ensure harmony between spouses based on factors such as lineage, wealth, profession, and religious commitment. However, contemporary societies face new realities—such as inter-ethnic marriages, higher levels of education, and socioeconomic diversity—that challenge traditional interpretations of kafa’ah. This study explores how the concept of kafa’ah is interpreted, debated, and applied within contemporary Islamic legal scholarship and systems across Muslim-majority communities. The primary objective is to systematically review the existing literature to identify dominant themes, research gaps, and developments in the application of kafa’ah in contemporary contexts. Using meta-analysis and the PRISMA framework, the researchers selected and analyzed 42 peer-reviewed articles published between 2000 and 2024 from databases including Scopus, ScienceDirect, and PubMed. The findings indicate that most studies on kafa’ah still adopt a normative-theological approach with limited empirical engagement, with the concept most frequently discussed in relation to social status, wealth, piety, and religious affiliation. However, an increasing number of studies reflect a shift in understanding kafa’ah toward mutual respect, shared values, and socioeconomic compatibility rather than rigid class or lineage standards. These findings underscore the necessity of a contemporary, contextual, and reform-oriented approach to kafa’ah, particularly within legal systems and religious fatwas that aim to strike a balance between tradition and social justice, as well as the realities of modern society. 
Rethinking Law and Justice: The Core Principles of Critical Legal Studies against Legal Formalism Setyawan, Vincentius; Bariah Safrut
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17332128

Abstract

The core idea of Critical Legal Studies is that law is not a neutral and objective system but is influenced by social, political, and economic factors. This perspective challenges the Legal Formalism doctrine, which holds that the law should be applied consistently in accordance with existing rules, without regard to social or political context. This article will explore the key ideas of Critical Legal Studies and its critique of the Legal Formalism school of thought. The article is written based on research using a normative legal research method with a philosophical approach. The research findings highlight that Critical Legal Studies' critique of Legal Formalism begins with the reality that its implementation leads to law enforcement that neglects the values of justice, equality, and equity in everyday life. Critical Legal Studies seeks to establish a legal system that is more just and responsive to the public's need for justice in their daily reality. This study contributes to legal theory by reaffirming that law cannot be separated from its socio-political and economic contexts. Through a normative legal research method with a philosophical approach, this article reconstructs the understanding of justice beyond the rigidity of Legal Formalism. It highlights that the Critical Legal Studies movement provides a transformative framework for developing a more contextual, equitable, and human-centered legal system, offering a significant alternative paradigm within contemporary legal philosophy.
Power and Ethics in State-Owned Enterprises: The Pertamax Adulteration Case through the Lens of Sharia Economic Law Lia Yuliana; Antoni Julian
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17340949

Abstract

This article analyzes the misuse of authority by officials of state-owned enterprises (BUMN) in the Pertamax fuel adulteration case from the perspective of Sharia Economic Law. The study employs a qualitative-descriptive method with a normative-juridical approach, drawing on primary and secondary legal materials, supported by documentation and literature analysis. The findings reveal that the act of fuel adulteration—mixing subsidized or lower-grade fuels with Pertamax for economic gain—is not only a violation of state regulations but also a breach of the amanah and maslahah principles in Islamic law. The abuse of authority by BUMN officials in this context indicates a failure to uphold public trust (al-amānah), justice (al-ʿadālah), and the public interest (al-maṣlaḥah al-ʿāmmah) as mandated by Sharia economic ethics. Such practices lead to market distortion, consumer losses, and potential macroeconomic instability, all of which are inconsistent with the maqāṣid al-sharīʿah framework. The study concludes that these actions should be categorized as gharar, khiyānah, and fasād, thereby necessitating systemic reform in the governance of BUMN and the energy sector. The academic contribution of this article lies in its comprehensive integration of modern legal-economic analysis with the principles of Islamic economic jurisprudence, offering a theoretical model for evaluating public sector violations through a Sharia lens. Furthermore, this study contributes to strengthening the legal and ethical foundations in the formulation of policies and regulations governing state-owned enterprises.
Realizing Public Welfare from the Nation's Kitchen: A Fiqh Siyasah Perspective on the Makan Bergizi Gratis (MBG) and Its Impact on the Muslim Community Ananda Bagus Pradita; Galih Sepwantoro; Vina Auliya; Imoh Emmanuel Uwem
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17341164

Abstract

The Makan Bergizi Gratis (MBG) program is a government social policy designed to enhance public welfare, particularly for low-income groups vulnerable to malnutrition and poverty. The program functions not only as food assistance but also as an instrument of economic redistribution and social solidarity at the grassroots level. From the perspective of fiqh siyasah (Islamic political jurisprudence), public policy must be based on the principles of justice (al-ʿadālah) and public welfare (al-maṣlaḥah al-ʿāmmah), ensuring equitable and sustainable prosperity for society. This research uses a qualitative field approach. Data were obtained through in-depth interviews with beneficiaries, school administrators, religious leaders, and local government officials involved in implementing the MBG program. Direct observations were conducted in several schools and Muslim communities to gain empirical insights into the program’s actual impact. Secondary sources, including policy documents, government regulations, and relevant scholarly literature, complemented primary data and strengthened analytical interpretation. The findings show that the MBG program has reduced the economic burden on low-income families, increased children’s school attendance, and encouraged stronger social cohesion. Nevertheless, problems remain, including distribution delays, limited budgets, and insufficient transparency in fund management. Based on a fiqh siyasah analysis, the success of public policy depends on integrity (amānah), accountability, and just governance. Therefore, participatory and transparent mechanisms are essential to ensure that the MBG program truly promotes maṣlaḥah in line with the maqāṣid al-sharī‘ah. The academic contribution of this study lies in its attempt to connect empirical evidence with the theoretical framework of fiqh siyasah.
From Jurisprudence to Algorithms: The Role of Artificial Intelligence in Contemporary Sharia Financial Decision-Making Edi Mulyono; Mahmoud Mohamed Ali Mahmoud Edris
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17341980

Abstract

The development of Artificial Intelligence (AI) has had a profound impact on the modern financial system, including the Islamic finance sector. Today, AI is utilized to support risk analysis, financing decision-making, and the management of Sharia-based investment portfolios. However, the application of AI in Islamic finance also raises several legal and ethical issues that require in-depth examination from the perspective of contemporary fiqh muamalah. This study aims to analyze the compatibility of AI implementation in Islamic financial decision-making with the principles of maqāṣid al-syarī‘ah, justice, and human responsibility (taklīf). This research employs a qualitative method with a normative-theological approach and descriptive-analytical analysis. Primary data were obtained from the study of fatwas, regulations, and practices of Islamic financial institutions that have adopted AI, while secondary data were derived from academic literature, scholarly journals, and contemporary Islamic legal writings. The analysis was conducted through the stages of reduction, classification, and normative interpretation to assess the harmony between Sharia principles and technological innovation. The findings suggest that the application of AI in Islamic finance is permissible as long as it does not contravene the principles of honesty and justice, and continues to prioritize humans as moral supervisors and legal subjects. Academically, this study enriches contemporary fiqh muamalah discourse by providing a normative framework for developing AI-related regulations and ethics that align with the maqāṣid al-sharī'ah. It also encourages an interdisciplinary dialogue between Islamic law, technology ethics, and the digital economy toward an adaptive and sustainable Sharia financial system.
Negotiating Tradition and Modernity: The Practice of Prohibiting Marriage in the Month of Suro among Javanese Muslims in South Lampung Supriyadi; Nik Abdul Rahim Nik Abdul Ghani
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17340470

Abstract

This study aims to explain the practice of prohibiting marriage in the month of Suro within Javanese customs, a tradition deeply rooted in cultural beliefs and social values. The research employs a combination of field study and library research to obtain both empirical and theoretical perspectives. Data collection techniques include interviews, observations, and documentation, allowing for a comprehensive understanding of the phenomenon. Primary data were gathered from local respondents, while secondary data were obtained from relevant literature and historical sources. To ensure data validity and authenticity, the study utilized source triangulation, and data were analyzed using the Miles and Huberman interactive model. The findings reveal that most villagers, particularly the older generation, continue to uphold the prohibition of marriage in Suro as part of their collective cultural identity. They regard this practice as a symbol of respect for ancestral traditions that must be preserved. Conversely, the younger generation demonstrates a gradual shift in perception. Many young couples view the prohibition as merely a myth without rational or religious justification, reflecting a shift in cultural values influenced by education, modernization, and changing social structures. Academically, this study contributes to enriching interdisciplinary discourse among law, culture, and religion in Indonesia. It provides a critical lens for understanding how local wisdom interacts with contemporary rationality, offering insights into the dynamic negotiation between cultural preservation and modernization. This research also serves as a reference for future studies exploring the adaptation of traditional customs within modern social realities.
Revisiting the Concept of Nusyūz: A Recontextualised Understanding in Contemporary Marital Life Hamza Abed Al-Karim Hammad
NUSANTARA: Journal Of Law Studies Vol. 4 No. 2 (2025): Nusantara: Journal of Law Studies
Publisher : Islamic Research Publiser

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.17345680

Abstract

The meaning of the concept of Nusyúz in society often differs from its true meaning in Islamic law. Many people still assume that Nusyúz can only be committed by a wife, while Islamic teachings actually provide a more balanced perspective. This field study was conducted in Jordan to explore how the concept of Nusyúz is understood and practised among Muslim families in contemporary society. The research aims to uncover both the factual realities and the doctrinal meanings of Nusyúz as interpreted within Jordanian social and religious contexts. Using a qualitative approach, data were collected through interviews, observations, and document analysis, while triangulation was employed to ensure data validity. The findings reveal that the concept of Nusyúz is often interpreted narrowly as the wife's disobedience, whereas Islamic law recognises that Nusyúz may also apply to husbands who neglect their responsibilities toward their wives. A wife's Nusyúz refers to her disobedience or resistance to her husband, while a husband's Nusyúz occurs when he neglects his material duties, such as providing sustenance, or his immaterial duties, such as showing affection and kindness (mu‘āsyarah bi al-ma'rūf). The academic contribution of this study lies in offering empirical insights into how Nusyúz is understood in Jordan, fostering a more equitable interpretation of marital relations that aligns with the maqāṣid al-sharī‘ah and supports family harmony.

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