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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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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 : PT. 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.
Ulayat Land Registration in Providing Legal Certainty through Certification Based on the Principle of Justice Nova Yarsina; Ari Budianto; Marsiansyahd; Dian Arfianto
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.v5i1.121

Abstract

The registration of ulayat (customary communal) land remains a critical issue in Indonesia’s agrarian governance, particularly in relation to ensuring legal certainty while respecting the rights of indigenous communities. This study aims to examine the legal framework and implementation of ulayat land registration as a mechanism for providing legal certainty through certification based on the principle of justice. The research employs a normative juridical approach combined with a socio-legal perspective by analysing statutory regulations, legal doctrines, and relevant case practices concerning customary land rights within the Indonesian land administration system. The findings reveal that although national land regulations formally recognise the existence of ulayat rights, their registration and certification processes remain limited due to normative ambiguities, administrative constraints, and inconsistencies in recognising customary communities. As a result, many indigenous communities experience difficulties in obtaining formal legal protection for their communal land. The study further shows that a justice-based certification model—one that integrates recognition of customary institutions, participatory mapping, and adaptive regulatory mechanisms—can strengthen legal certainty while safeguarding communal ownership values embedded in customary law. This research contributes to the development of agrarian law and socio-legal scholarship by proposing a justice-oriented framework for ulayat land registration that harmonises state land administration with customary legal principles. The study also offers policy recommendations for improving regulatory coherence and institutional coordination to enhance the protection of indigenous land rights and promote equitable land governance.
Reconstruction of Inmate Rehabilitation Regulations Based on Principles of Legal Justice Fri Hartono; Desy Kartika Caronina Sitepu; Anis Mashdurohatun; Debiantho; Mohamed Abdel Samad Mehanna
Nusantara: Journal of Law Studies Vol. 4 No. 2 (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.18357689

Abstract

This study examines the reconstruction of inmate rehabilitation regulations grounded in principles of legal justice to address normative inconsistencies and practical disparities in the implementation of correctional policies. The research aims to critically analyse the extent to which existing rehabilitation regulations reflect substantive, procedural, and distributive justice, and to formulate a justice-oriented regulatory framework for inmate rehabilitation. Employing a qualitative juridical-normative approach, this study analyses statutory instruments governing correctional institutions, judicial doctrines on justice, and relevant scholarly literature, complemented by conceptual and comparative legal analysis. The findings reveal that current inmate rehabilitation regulations tend to prioritise administrative compliance and institutional order, while inadequately accommodating principles of proportionality, equality before the law, and restorative justice. Such regulatory orientation often results in unequal access to rehabilitation programs and undermines the correctional system's reintegrative objectives. This study proposes a reconstructed regulatory model grounded in legal justice principles, emphasising rights-based rehabilitation, restorative mechanisms, and fair assessment criteria for inmates. The study contributes to the development of correctional law by offering a normative framework that integrates legal justice into rehabilitation regulations, thereby supporting a more humane, equitable, and effective correctional system aligned with contemporary justice paradigms.
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 : PT. 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.
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 : PT. 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.
Reconstruction of Legal Protection for Nurses in the Provision of Hospital Nursing Care Based on Restorative Justice Endro Haksara; Shohibul Hilmi; Elyani; Jaka Kusnanta; Henning Glaser
Nusantara: Journal of Law Studies Vol. 4 No. 2 (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.18357611

Abstract

Nurses play a central role in the delivery of healthcare services in hospitals, yet they remain vulnerable to legal risks arising from nursing practices, including allegations of malpractice and professional misconduct. Existing legal protections for nurses tend to emphasise punitive and procedural approaches, often neglecting principles of fairness, proportionality, and relational justice. This study aims to reconstruct the legal protection framework for nurses in the provision of hospital nursing care, grounded in the restorative justice approach. Employing a normative juridical research method, this study analyses statutory regulations, professional standards, court decisions, and relevant legal doctrines concerning nursing practice and health services. The findings reveal that current regulatory frameworks inadequately accommodate restorative mechanisms, resulting in legal uncertainty and psychological vulnerability for nurses during professional practice. This study proposes a restorative justice–based regulatory reconstruction that prioritises dialogue, accountability, victim recovery, and professional rehabilitation while maintaining patient safety and public trust. The reconstruction model emphasises mediation, proportional responsibility, and institutional support mechanisms as integral components of legal protection for nurses. This study contributes academically by offering a conceptual and normative framework for integrating restorative justice into nursing law and, practically, by providing policy recommendations for more humane, balanced, and sustainable legal protection in hospital nursing care.
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 : PT. 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.
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 : PT. 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.
Harmonization of Islamic Law and Local Wisdom: A Methodological Reconstruction of Ijtihad in Family Law Based on Yusuf al-Qaradawi’s Istinbāṭ Approach Imam Syafi'i; Ramdan Wagianto; Hawa’ Hidayatul Hikmiyah; Irzak Yuliardy Nugroho; Syaikhoni
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: 10.5281/zenodo.18359276

Abstract

This article examines the harmonization of Islamic law and local wisdom in family law issues through the development of the ijtihad method from the perspective of Yusuf al-Qaradawi's istinbāṭ method. Given that contemporary Muslim family issues are increasingly complex, this study emphasizes the need for an istinbāṭ framework that maintains the authenticity of naṣṣ while being responsive to social realities. This study employs a qualitative-normative approach, using usul al-fiqh analysis, and examines al-Qaradawi's key concepts as instruments for integrating local wisdom. Data were collected from exploring library materials related to Yusuf al-Qaradawi's works within the framework of istinbāṭ that was developed. The results of this study show that Yusuf al-Qaradawi developed an istinbāṭ method called istinbāṭ at-taysīr with three types, namely intiqā’iy tarjīhiy, ibdā’iy insyāiy, and intiqā’iy insyā’iy. This method combines as-salafiy, which does not adhere to the opinions of the fiqh schools, and al-mażhabiy, which is guided by the opinions of the imams of the schools, by re-examining the various opinions of the scholars or conducting their own ijtihad and choosing the opinion that provides leniency, provides convenience, is in accordance with the conditions, and combines local wisdom, to realize the greater good. The contribution of this article lies in providing a methodological model to bridge the tension between textuality and contextuality in family law, while offering academics and policymakers a basis for formulating norms that are more just, relevant, and in line with the demands of modern society.
Stock Scalping and Shariah Legitimacy in Modern Capital Markets Nik Abdul Rahim Nik Abdul Ghani; Hanafi Nazri; Nurul Asikin Binti Abdul Razak
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: 10.5281/zenodo.18357939

Abstract

The rapid advancement of financial technology has led to the emergence of various stock trading strategies, including scalping. Scalping is a short-term trading technique in which traders seek to profit from small price movements over very brief timeframes. Due to its fast-paced nature, scalping is often perceived as a high-risk strategy and has raised concerns regarding its compatibility with Shariah principles, particularly in relation to gambling (maisir) and excessive uncertainty (gharar). This study aims to examine scalping practices among stock traders in Malaysia, analyze the associated Shariah issues, and formulate Shariah-compliant guidelines for their implementation. This research employs a qualitative approach, combining content analysis of classical and contemporary Islamic legal sources with field studies involving stock market practitioners in Malaysia. Primary data were collected through in-depth interviews and observations, while secondary data were obtained from scholarly literature, fatwas, and relevant regulatory documents in Islamic finance. The findings indicate that scalping does not inherently involve prohibited elements such as maisir or gharar, if trading decisions are based on adequate technical and fundamental analyses rather than speculative assumptions. The study also finds that profits generated through scalping arise from natural market price movements driven by supply and demand dynamics, which are permissible under Shariah principles. This study contributes to the discourse on Islamic finance and muʿāmalāt by clarifying the Shariah status of scalping practices and offering practical guidance to support Shariah-compliant stock trading in the Malaysian capital market.

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