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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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The Persistence of Victim Blaming in Child Rape Trials: A Victimological Analysis of the Banjarmasin High Court Acquittal Liantha Adam Nasution; Zul Fahmi; Sumardi Efendi; Ahmad Rozali; Maulana Muklis; Muhammad Asim Rafiq
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.18662151

Abstract

This study examines the extent to which victim blaming shapes judicial reasoning in child rape trials, focusing on the acquittal in Decision No. 42/PID/2017/PT Bjm and addressing a gap in systematic appellate-level analyses of PERMA No. 3 Tahun 2017 implementation. It employs doctrinal legal analysis combined with qualitative content analysis of two primary decisions—Decision No. 20/Pid.B/2017/PN Mrh and the aforementioned appellate ruling—and evaluates them against relevant normative frameworks, including the Criminal Code (KUHP), the Criminal Procedure Code (KUHAP), and Undang-Undang Tindak Pidana Kekerasan Seksual. The findings indicate that the appellate panel systematically shifted the evidentiary burden onto the child victim by privileging her conduct while discounting non-physical forms of coercion and psychiatric evidence of trauma. This pattern operationalises notions of victim precipitation and conflicts with procedural and protective norms, thereby producing secondary victimisation through courtroom rhetoric that denigrates victims. Conceptually, the article advances an integrated analytical framework that combines the ideal-victim construct, victim blaming, and secondary victimisation to interpret appellate reasoning, thereby refining the role of victimology as a trauma-informed evaluative lens for judicial texts. Juridically, the findings reveal a structural tension between appellate practice and KUHAP’s recognition of psychological harm as valid evidence, as well as PERMA No. 3 of 2017’s prohibition of victim-blaming conduct, with broader implications for child protection, judicial integrity, and public confidence in the justice system. The study therefore recommends targeted reforms: explicit statutory recognition of non-physical coercion and psychiatric evidence; enforceable ethical sanctions and monitoring mechanisms to ensure PERMA compliance; trauma-informed judicial training; and harmonised institutional measures that internalise child-protection principles, including the integration of Islamic law–informed recommendations within a broader institutional harmonisation framework to ensure alignment with national pro-victim legal reform.
Artificial Intelligence in Bangladesh’s Legal System: Pathways to Smart and Efficient Justice Mohammad Khabbab Taki
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.v5i1.158

Abstract

This study examines the integration of Artificial Intelligence (AI) into Bangladesh’s judicial system, aiming to identify pathways toward achieving Smart and Efficient Justice under the Smart Bangladesh Vision 2041. The escalating case backlog, which rose from approximately 3.68 million in 2021 to over 4.65 million by mid-2025, underscores the pressing need for timely, accessible, and efficient judicial services. The study employs a normative policy analysis combining document review and comparative literature, including the draft National Artificial Intelligence Policy (2024), the National Strategy for Artificial Intelligence (2020), and international benchmarks such as India’s e-Courts Project, the UK’s ethical AI guidelines, and Nepal’s e-justice initiatives. This approach evaluates institutional readiness and identifies gaps in policy, human resources, and technological infrastructure. Findings reveal a disconnect between ambitious AI policy frameworks and practical implementation, with key barriers including regulatory limitations, insufficient AI literacy among judicial actors, workforce shortages, and ethical concerns such as algorithmic bias, data privacy risks, and multilingual processing challenges. The study contributes a contextualized roadmap for AI adoption in Bangladesh’s judiciary, integrating global ethical standards, including UNESCO’s Recommendation on the Ethics of Artificial Intelligence, with local institutional realities. Recommendations encompass investment in multilingual AI systems, capacity-building programs, public–private partnerships, and robust governance mechanisms. These measures are expected to reduce case backlogs, enhance access for marginalized populations, and promote a more efficient, inclusive, and responsive judicial system, advancing Smart Justice in Bangladesh.
Securing Digital Trade: A Techno-Legal Analysis of E-Commerce Safeguards in Iraq’s Regulation No. 4/2025 Mahmood Alaloosh; Ali Shaker Mahmood; Sabir Hussien Eliwy
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.18452737

Abstract

This paper analyses the legal and technical protections created in accordance with the 2025 E-Commerce Regulation in Iraq and evaluates their compatibility with international regulations considering the swift changes in the digital trade landscape. It claims that the regulation offers a potentially strong legal framework for digital market regulation, but its success depends on its enforcement capacity and on sufficient technical and administrative infrastructure. In the absence of these conditions, the sector will be susceptible to fraud, breach of consumer data and tax evasion. The study methodologically uses doctrinal legal analysis of the regulation and its connection to existing domestic legislation, specifically the consumer protection law. This is supplemented by a well-organised comparative analysis of global data privacy and e-commerce regulatory frameworks, and a descriptive-analytical evaluation of the e-commerce situation in Iraq based on national reports and sectoral statistics. A techno-legal framework is used to assess data security, encryption, and the governance of digital identity. The results show that the regulation presents primary safeguarding measures, such as vendor licensing, transparency requirements, personal information protection, tax and customs supervision, and oversight through an electronic licensing platform. These controls demonstrate partial compliance with widely recognised consumer and data protection principles. Nonetheless, it faces challenges such as infrastructural constraints, the growth of informal online trade, and poor technical literacy among stakeholders. In terms of academics, this research study contributes to the discussion of digital regulatory capacity in less developed economies by incorporating both legal analysis and the technical compliance aspect. It reveals an absence of regulatory design and enforcement preparedness and serves as a platform for evaluating techno-legal governance of emerging digital markets.
Legal and Sharia Analysis of Commercial Paper Discounting and Islamic Banking Finance Alternatives Tunis Abu Bakr Rahman; Widad Mahdi Jasim; Nooruldeen Mustafa Al-Gburi
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.18676735

Abstract

This research examines the legal and jurisprudential characterization of commercial paper discounting and explores Sharia-compliant alternatives within the framework of contemporary Islamic banking finance. The study reviews core legal and Fiqh debates surrounding this complex banking operation by analyzing statutory provisions under Iraqi commercial law alongside classical and contemporary Islamic jurisprudential opinions. From a legal perspective, commercial paper discounting is defined as a contractual arrangement whereby a bank advances the value of a commercial instrument prior to maturity in exchange for the transfer of its ownership, with the beneficiary remaining liable to reimburse the bank in the event of default by the original debtor. This characterization classifies discounting as a short-term credit transaction combining consensual contractual elements with endorsement mechanisms. Jurisprudential analysis, however, demonstrates that conventional discounting practices frequently involve prohibited forms of Riba, particularly Riba al-Fadl and Riba al-Nasi’ah, due to the discrepancy between the amount advanced and the nominal value collected at maturity. The study critically evaluates various Fiqh approaches that attempt to classify discounting as an interest-based loan, a sale, or a transfer of rights, highlighting the Sharia shortcomings inherent in each interpretation. As a result, the research proposes viable Sharia-compliant financing alternatives capable of fulfilling similar economic objectives, including Murabaha financing, organized Islamic Tawarruq, and Salam contracts. These alternatives provide lawful liquidity and credit solutions while adhering to Islamic legal principles, demonstrating the possibility of harmonizing modern banking practices with the objectives of Islamic jurisprudence in promoting economic justice and sustainable financial activity.
A Model for Preventing Domestic Violence Using an Early Warning System in Criminal Law Policy Hendro Widodo
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.v5i1.184

Abstract

Indonesia, as a law-based country that upholds the supremacy of law and the protection of human rights, considers domestic violence a constitutional violation with widespread physical, psychological, and social consequences. The prevalence of domestic violence continues to increase, driven by power imbalances, economic vulnerability, and entrenched patriarchal culture, which demonstrates that repressive legal measures alone are insufficient to address the problem effectively. This study aims to develop a preventive criminal law policy model based on an early warning system to detect risks of domestic violence at an early stage, integrate cross-institutional data, and enable timely interventions before escalation. This research employs a normative or doctrinal legal methodology, analyzing statutory provisions, judicial decisions, doctrinal literature, and principles of Islamic and comparative criminal law. The study identifies that an effective preventive approach requires a systemic, integrated framework that combines early detection instruments with the strengthening of family functions and multi-stakeholder collaboration. Such a framework facilitates education, awareness, and coordinated interventions at institutional and community levels to protect victims and disrupt cycles of violence. The findings demonstrate that the proposed model emphasizes proactive, participatory, and risk-based strategies, integrating legal, social, and familial dimensions. Its novelty lies in the formulation of a comprehensive domestic violence prevention model that bridges early warning mechanisms with family resilience programs and collaborative stakeholder networks. This approach not only provides a preventive legal tool but also contributes to the development of holistic criminal law policies that prioritize victim protection, social empowerment, and sustainable reduction of domestic violence. Academically, this study contributes to the field of criminal law by providing a conceptual and operational framework for preventive justice, expanding the discourse on early intervention mechanisms, and bridging doctrinal legal studies with practical, multidimensional prevention strategies.
Interpretation of Regulatory and Legal Acts in Contemporary Contexts: Foreign Experience, Comparative Perspectives, and Pathways for Regulatory Reform Yevhen Leheza; Oleksandr Kurakin; Olha Shapovalova; Kateryna Sokh; Artur Makarov
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.18727992

Abstract

This article examines the theoretical and legal foundations of interpreting regulatory and legal acts in contemporary contexts, with particular emphasis on integrating foreign experience into the Ukrainian legal system. The study aims to identify methodological gaps in domestic interpretative practice and to formulate pathways for regulatory reform aligned with European standards. Employing a comparative legal methodology, the research analyses interpretative approaches across continental systems (Germany and France) and Anglo-Saxon systems (Great Britain and the United States), as well as the jurisprudence of supranational judicial institutions, notably the Court of Justice of the European Union and the European Court of Human Rights. The analysis combines doctrinal examination, case-law review, and systemic legal analysis. The findings demonstrate that the continental tradition ensures coherence, systematicity, and legal certainty, whereas the precedent-based model emphasises flexibility, judicial creativity, and practical justice. In contrast, interpretative practice in Ukraine remains predominantly formalistic, lacks methodological integration, and is insufficiently responsive to the dynamics of European integration. The study substantiates the feasibility of combining domestic legal traditions with advanced European interpretative methods, particularly teleological, systemic, and evolutionary approaches oriented toward the rule of law and human rights protection. It further argues for strengthening the Supreme Court's role in ensuring uniform judicial practice and fostering doctrinal development. The article contributes to comparative legal scholarship by proposing a structured model of interpretative reform that bridges continental and precedent-based traditions. Its practical significance lies in enhancing the quality of law enforcement, promoting harmonisation with European legal standards, and fostering a modern culture of legal interpretation responsive to contemporary regulatory challenges.
Development of Legislation on the Protection of Human Rights in the Field of Occupational Safety and Health Natalia Opolska; Liudmyla Kupina; Anna Politova; , Olena Fatkhutdinova; Oleh Morozov
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.18821048

Abstract

This study examines the development of legislation on the protection of human rights in the field of occupational safety and health (OSH) through a comprehensive comparative legal analysis, with particular emphasis on the adaptation of Ukrainian law to international and European standards. The research aims to identify the conceptual evolution of OSH regulation, assess the degree of compliance of national legislation with contemporary human rights requirements, and determine priority areas for further legal reform. The methodological framework combines general scientific methods with special legal approaches, including comparative-legal, formal-dogmatic, systemic-structural, and statistical analysis, enabling a multidimensional evaluation of normative content, institutional mechanisms, and law enforcement practices. The study analyzes key international instruments, particularly the conventions and recommendations of the International Labour Organization and the regulatory framework of the European Union, alongside selected European national models. The findings reveal a significant transformation in legal understanding, whereby occupational safety and health are increasingly recognized as integral components of the broader human rights system rather than solely elements of labor regulation. Although Ukrainian legislation formally reflects many European principles, substantial challenges persist in ensuring systematic coherence, preventive orientation, effective enforcement, and sufficient institutional capacity. Statistical data and comparative assessment confirm the necessity of comprehensive modernization focused on strengthening preventive supervision, enhancing compliance mechanisms, and expanding practical guarantees for workers’ rights. The study contributes to legal scholarship by substantiating a rights-based model of OSH regulation and proposing structured directions for legislative improvement in the context of European integration and contemporary socio-economic challenges, thereby enriching comparative labor law discourse and human rights studies.
Preventive Legislative Approaches to Child Protection in the Digital Environment: A Comparative Study of Australia, France, and Egypt Tarek El-Sayed Mahmod Abu Okeal; Hisham Alkasasbeh; Hanaa Ibrahiem Abdullah; Salaheldin Ragab Fathelbab
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.v5i1.222

Abstract

The rapid expansion of the digital environment has significantly increased children’s exposure to various online risks, including sexual exploitation, cyberbullying, digital extortion, and violations of privacy and image rights. This study examines the effectiveness of preventive legislative frameworks in protecting minors in the digital sphere by comparing regulatory approaches in Australia, France, and Egypt. Specifically, it aims to analyse how preventive legal models in Australia and France address digital harms affecting children and to evaluate the extent to which these models can inform legislative reform within the Egyptian legal system. The research employs a qualitative approach using descriptive–analytical and comparative legal methods, focusing on statutory provisions, regulatory mechanisms, and institutional enforcement structures across the three jurisdictions. The findings reveal that Australia and France have gradually shifted from reactive criminalisation toward a proactive preventive governance model. These frameworks impose legally binding obligations on digital platforms, including age verification systems, algorithmic accountability, enhanced content moderation, and digital literacy initiatives to strengthen child safety online. Australia prioritises strict minimum-age requirements and corporate liability mechanisms, while France adopts a dual-track model combining technological verification, parental consent, and preventive educational policies alongside criminal sanctions. In contrast, Egypt’s legal framework remains predominantly reactive, with regulatory provisions dispersed across the Child Law and the Cybercrime Law, and lacking comprehensive preventive obligations for digital platforms. This study contributes to the literature by providing an early comparative analysis of recent preventive legislative reforms (2024–2026) and by identifying structural gaps in Egypt’s digital child protection regime. It further proposes policy-oriented recommendations for developing a modernised preventive framework aligned with international standards, thereby strengthening the protection of children’s rights in an increasingly digitalised society.
Legal regulation of social security principles in the countries of the European Union and Ukraine Bohdan Torokhtii; Larysa Nalyvaiko; Volodymyr Horbalinskyi; Nataliia Obushenko; Oleg Bolgar
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.v5i1.227

Abstract

The purpose of the article is a comprehensive analysis of the legal regulation of social security principles in the countries of the European Union and Ukraine. The application of the comparative law method can serve as an analysis of the principle of solidarity in the social security systems of Ukraine and the European Union. In Germany, the social insurance system is built on mandatory contributions from employees and employers with a clearly defined balance of responsibility of the parties. In France, along with the insurance principle, state budget financing plays a significant role, which strengthens the guarantee nature of social payments. In Ukraine, the principle of solidarity is also enshrined at the legislative level, but its implementation is complicated by demographic factors and the deficit of the Pension Fund. Comparative analysis allows us to establish that the effectiveness of the implementation of the principle of solidarity depends not only on regulatory consolidation, but also on the stability of the financial and economic system of the state. The normative sources that define the fundamental principles of social protection, in particular the principles of solidarity, universality, subsidiarity, equality and non-discrimination, are studied. The influence of European Union law on the formation of national models of social security is considered, as well as the prospects for harmonizing Ukrainian legislation in the context of European integration processes. Directions for improving Ukrainian legislation taking into account European standards are proposed. Ukrainian legislation contains the basic principles of social security, but requires further systematization and harmonization with European standards.
Legislation on the Use of Artificial Intelligence in European Union Countries Tetiana Kolomoiets; Maryna Velykanova; Marina Kravets; Hanna Blinova; Oleh Posykaliuk
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.v5i1.233

Abstract

This study analyzes the legislative framework governing the use of artificial intelligence (AI) in the European Union, focusing on patterns of legal convergence and divergence, as well as the governance challenges arising from its implementation. The research aims to examine how the EU constructs a harmonized yet flexible regulatory regime capable of addressing the multifaceted risks of AI while promoting innovation. Methodologically, this study employs a qualitative approach through doctrinal legal analysis and policy review, drawing on primary legal instruments, including the EU AI Act, as well as secondary sources such as policy reports and academic literature. The findings indicate that the EU adopts a risk-based regulatory model that classifies AI systems into low, medium, and high-risk categories. While most AI applications fall into low- or medium-risk categories, high-risk systems—particularly those used in sensitive sectors such as healthcare, justice, employment, and finance—pose significant legal and ethical challenges. The study identifies key risks, including algorithmic bias, data privacy violations, and a lack of transparency, alongside broader concerns about accountability and the protection of fundamental rights. Furthermore, although legal convergence is evident in the establishment of uniform EU standards, divergence persists in national implementation, enforcement practices, and institutional readiness across member states. This study contributes to the existing literature by providing a comprehensive analysis of the interplay between harmonization and fragmentation in EU AI regulation. It also highlights the need for adaptive governance mechanisms that balance regulatory consistency with contextual flexibility. Ultimately, the research underscores that effective AI legislation must strengthen accountability, ensure ethical compliance, and foster public trust, thereby aligning technological development with the core values of the European Union.

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