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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 90 Documents
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The Role of Syariah Penal Code (Cap. 275) in Determining Criminal Responsibility for Minors in Brunei Darussalam Masum, Ahmad; Arowosaiye, Yusuf Ibrahim; Hj Awg Abd Aziz, Hjh Hanan; Aji, Rajali
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.v5i1.190

Abstract

This article examines the construction of criminal responsibility for minors under the Syariah Penal Code (Cap. 275) within Brunei Darussalam’s dual legal system, where civil and Syariah laws operate concurrently for Muslim citizens. The study aims to analyze how the Syariah framework conceptualizes juvenile accountability and to assess its compatibility with international child justice standards. Employing a doctrinal and comparative legal approach, the research systematically reviews statutory provisions in the Syariah Penal Code (Cap. 275), contrasts them with the Penal Code (Cap. 22), and evaluates their alignment with Article 40 of the United Nations Convention on the Rights of the Child (UNCRC). The findings reveal that, unlike the civil legal system, which primarily relies on chronological age thresholds, the Syariah Penal Code adopts a capacity-based model grounded in the concept of taklif. Criminal responsibility is determined by indicators such as discernment (tamyiz), puberty (bulugh), and ʿaql (mental capacity), enabling a more individualized assessment of culpability. This framework effectively excludes minors from the full application of hudud and qisas punishments, instead emphasizing mitigated or discretionary sanctions. However, the absence of a clearly defined minimum age of criminal responsibility poses significant challenges, including potential legal uncertainty, inconsistent judicial interpretation, and tension with international norms that prioritize clear age limits, diversion mechanisms, and detention as a last resort. Academically, this research contributes to the development of comparative Islamic criminal law by offering a nuanced analytical framework that bridges classical doctrines of taklif with contemporary human rights discourse. It enriches the scholarship on dual legal systems by demonstrating how normative tensions between religious and international legal standards can be constructively reconciled.
Foreign Legal Frameworks in Regulating the Maintenance of Public Safety and Public Order at the Regional Level Artem Kysko; Maksym Pochtovyi; Serhii Petrov; Andrii Korenev; Roman Mrochko
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.v5i1.260

Abstract

This article examines foreign legal frameworks governing the maintenance of public safety and public order at the regional level through a comparative legal approach. The study employs a normative juridical method combined with a comparative legal analysis, focusing on statutory regulations, institutional arrangements, and governance practices in selected European Union countries, particularly Germany and Spain. Data are analysed using a qualitative approach to identify patterns in the distribution of authority, coordination mechanisms, and the role of subnational actors in maintaining public order. The findings indicate that effective regulation of public safety at the regional level depends on an optimal balance between decentralisation and centralised coordination, supported by a clear delineation of competencies, a multi-level governance structure, and active public participation. The examined models demonstrate that systems integrating centralised strategic oversight with substantial regional autonomy are more adaptive and responsive to local security challenges. The devolution of powers to regional or autonomous governments enhances institutional flexibility and accelerates responses to public order disturbances. This study contributes to the academic discourse by providing a systematic comparative framework for understanding legal and institutional arrangements in public safety governance at the regional level. It also offers practical insights for policymakers by identifying transferable elements of foreign legal systems that can be adapted to strengthen national legislation and improve the effectiveness of public authorities in maintaining public safety and public order.
Integrating Fiqhiyyah Legal Maxims and Positive Law Principles in the Formation of Indonesia's New National Criminal Code Ahmad Agus Ramdlany; Ahmad Musadad; Hammis Syafaq; Maher Ali Ahmad Al-Khaldi; Saleem Asouli
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.v5i1.156

Abstract

Although Indonesia is not formally constituted as an Islamic state, Islamic legal values have significantly influenced the development of its national legal system, particularly in the formation of modern legislation. This study aims to examine the integration of fiqhiyyah legal maxims into the foundational principles of Law No. 1 of 2023 concerning Indonesia's New National Criminal Code (KUHP). Employing a qualitative approach grounded in normative juridical methods, this research draws upon primary legal documents, classical fiqh literature, and contemporary legal scholarship. Data were collected through a systematic literature review and analysed using conceptual and statutory approaches to identify patterns of normative convergence and doctrinal alignment. The findings indicate that at least eight fiqhiyyah legal maxims are substantively embedded within the core principles of the KUHP. Notably, the maxim la jarimata wa la 'uqubata illa bi al-nass corresponds to the principle of legality as stipulated in Articles 1(1) and 2(1). The principle of non-retroactivity is reflected in la raj'iyyah fi al-tashri' al-jina'i, while the doctrine of limited retroactivity aligns with inna al-tashri' al-jina'i yajuzu an yakuna lahu atharun raji'un as reflected in Article 3(1). Furthermore, the maxim inna al-shari'ah al-islamiyyah tutabbaqu' ala kulli jarimah underpins the principles of active and passive nationality in Articles 5 and 8. This study contributes to the discourse on legal pluralism by demonstrating that Indonesia's criminal law reform embodies a substantive harmonisation between positive Law and Islamic legal reasoning. It highlights the epistemological relevance of fiqhiyyah maxims as a normative bridge in shaping a responsive, adaptive, and contextually grounded modern legal system in a pluralistic society.
Between Culture and Safety: The Paradox of Protecting Domestic Violence Victims in Mediation at the Batusangkar Religious Court, Indonesia Suryani, Irma; Warman, Arifki Budia; Husni, Alfi; Andiko; Azzahra, Revalina Fathiya
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.v5i1.168

Abstract

 Mediation is a mandatory procedural step in divorce cases before Indonesian religious courts, yet its effectiveness remains contested, particularly in cases involving domestic violence. This study examines the implementation of mediation and the incorporation of local wisdom in domestic violence-based divorce cases at the Batusangkar Religious Court, a socio-legal context shaped by Minangkabau society's matrilineal culture. Employing an empirical legal approach with qualitative methods, data were collected through in-depth interviews with judges, mediators, and disputing parties, non-participant observation of mediation sessions, and document analysis. The data were analysed using the Miles and Huberman interactive model, including data reduction, display, and verification. The findings reveal that mediation practices function as pragmatic adaptations to socio-economic and institutional constraints, often conducted in a single, time-compressed session and oriented toward managing post-divorce rights rather than reconciliation. The incorporation of local wisdom occurs implicitly through cultural expressions and moral narratives, while formal adat actors, such as ninik mamak, are excluded due to regulatory limitations and concerns about victim protection. An interplay of structural rigidity, cultural values, institutional capacity, psychological dynamics, and mediator competence shapes mediation effectiveness. This study contributes academically by advancing the discourse on legal pluralism through the concept of “functional coexistence” between state law and adat, and by theorising mediation as a form of street-level bureaucracy in religious courts. It also enriches socio-legal scholarship by integrating trauma-sensitive and culturally informed perspectives into mediation studies, offering a nuanced model for handling domestic violence cases in plural legal systems.
From Formal Halal Certification to Substantive Compliance: Integrating Maqāsid Al-Sharī’ah and Risk-Based Governance in SMEs Rizal; Sari, Chitra Indah; Firdaus, Nil; Shahmi, Mohammad Aliman; Yuliza Zen
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.v5i1.176

Abstract

The halal industry has evolved into a global economic regime that demands governance based not only on normative compliance but also on the ability to guarantee process integrity and business sustainability. However, in the small and medium enterprise (SME) sector, halal certification is still dominated by administrative compliance that has not been integrated into operational systems. This study aims to analyze the implementation of halal certification policies in SMEs by integrating the maqāsid al-sharī’ah (Islamic principles) and risk-based governance perspectives. This study employed a qualitative case study design and used document analysis, in-depth interviews, and observations in Padang Panjang City. The results revealed a structural gap between policy design and implementation practices. This gap is reflected in the low halal certification rate of 3.9% (520 out of 13,183 SMEs), the prevalence of self-declaration schemes (93.8%), and weak halal literacy and underdeveloped risk-based control systems in the production process. These conditions suggest that halal compliance remains largely symbolic and has yet to yield substantive outcomes in line with the maqāsid. This study contributes to the field by developing an integrative analytical framework that connects maqāsid, as the normative basis, with risk-based governance, as the operational mechanism. The framework emphasizes the need to shift from rule-based compliance to system-based governance in halal policy. This study introduces the Maqāsid-Based Risk Governance Index (MRGI), an integrative model that uses operational indicators such as safety, traceability, and transparency to measure the achievement of maqāsid outcomes.
Government Social Media Communication as a Political Public Relations Strategy for Advancing Social Welfare Muhammad Faisal; Andi Alimuddin Unde; Muhammad Farid; Mamoon Suliman Alsmadi; Mohamed W. Abouyounes
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.v5i1.215

Abstract

This study examines how the regional head of East Kalimantan, following the 2024 regional election, leveraged social media as a political public relations strategy to enhance social welfare. It focuses on three key dimensions: communication mechanisms, the nature of disseminated content, and patterns of interaction between government and citizens in the digital sphere. Employing a descriptive qualitative design with a case study approach, the research draws on multiple data sources, including content analysis of official government social media accounts, in-depth interviews with key stakeholders, and participatory observation of public engagement. Data were analyzed thematically to identify recurring communication patterns, strategic orientations, and their implications for public perception and welfare outreach. The findings indicate that social media functions not merely as a tool for information dissemination but as a strategic platform for constructing an image of transparent, responsive, and participatory leadership. The regional head systematically used digital platforms to communicate about social welfare programs, foster dialogic engagement, and mobilize community participation through structured, consistent campaigns. Interactive and socially oriented communication practices were found to significantly strengthen public trust, expand policy visibility, and improve accessibility to welfare initiatives. Moreover, integrating feedback mechanisms enabled more adaptive, citizen-centered governance. This study contributes to the growing body of literature on digital political communication by offering empirical insights into the role of social media in local governance contexts. It advances understanding of political public relations as a dynamic, participatory process in the digital era. Practically, the findings guide policymakers and public officials in designing communication strategies that are not only effective but also socially impactful. The study also opens avenues for future research on the integration of digital platforms into public policy processes and innovative models of government communication management.
Legal Construction of Adaptive Resilience of MSMEs in Emerging Markets: The Interaction of Financial Regulation, Organisational Governance, and Local Cultural Dynamics Yuli Agustina; Sumiati; Siti Aisjah; Risna Wijayanti; Olena Bulhakova
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.v5i1.225

Abstract

This study examines the legal construction of adaptive resilience among Micro, Small, and Medium Enterprises (MSMEs) in emerging markets by analysing the interaction between financial regulation, organisational governance, and local cultural dynamics. It aims to demonstrate how legal frameworks extend beyond compliance to actively shape MSMEs’ capacity to adapt, survive, and transform amid economic uncertainty, market volatility, and structural constraints. Using a socio-legal perspective, the study argues that MSME sustainability is not determined solely by economic factors, but also by how law operates within institutional practices and culturally embedded business environments. The research employs a qualitative socio-legal design that integrates normative legal analysis with empirical inquiry. Normative analysis focuses on financial and MSME regulatory frameworks, particularly their coherence, flexibility, and responsiveness. Empirical data are collected through semi-structured interviews with MSME actors, regulators, and stakeholders, supported by limited field observations. Data analysis follows an interactive model involving reduction, thematic categorisation, and interpretative synthesis, while triangulation ensures validity and analytical rigour. The findings reveal that three interconnected dimensions shape adaptive resilience. First, regulatory design—especially flexibility, proportionality, and access to financial instruments—determines the adaptive space available to MSMEs. Second, internal organisational governance, including risk management capacity and strategic leadership, influences how regulatory opportunities are translated into practical resilience strategies. Third, local cultural dynamics, such as trust-based networks, communal solidarity, and informal norms, mediate the implementation of both regulatory and governance practices. These findings confirm that resilience is not merely a market outcome, but a legally and socially embedded process. The study contributes to socio-legal scholarship by proposing an integrated framework that conceptualises adaptive resilience as a product of regulatory structures, governance mechanisms, and cultural contexts, while offering practical insights for policymakers to design more responsive legal systems that enhance MSME sustainability.
The Legal Regime of Joint Ownership in Management as a Tool for Enhancing State Investment Attractiveness Prostybozhenko, Oleh; Chabanenko, Mykola; Voloshanivska, Tetiana; Fedorchenko, Nataliia; Diektiarov , Viktor
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.v5i1.267

Abstract

This study examines the legal regime of joint ownership in management and its impact on a state’s investment attractiveness, focusing on the Ukrainian context. It aims to assess how joint ownership structures affect the efficiency of civil transactions and the reliability of property rights protection, both of which are key determinants of investor confidence. The research applies a doctrinal legal approach, combining the dialectical method to uncover structural contradictions within joint ownership and the formal-legal method to analyze existing legislative norms. Empirical evidence is drawn from aggregated statistical data on property disputes in Ukrainian courts, as well as indicators of investment activity and international investment rankings. The findings show that joint ownership, while economically rational for resource consolidation, generates significant legal and practical inefficiencies. Statistical analysis indicates that disputes related to joint ownership—particularly property division and determination of usage order—consistently constitute one of the largest categories of civil cases, confirming the systemic and recurring nature of the problem. These disputes are not incidental but reflect structural weaknesses in legal regulation, especially the absence of clear, accessible, and efficient procedures for terminating joint ownership. As a result, co-owners frequently face prolonged litigation, increased transaction costs, and legal uncertainty. This condition directly reduces asset liquidity, limits their marketability, and disrupts the smooth functioning of civil turnover. Furthermore, investment data demonstrate a strong correlation between the effectiveness of property rights enforcement and investor sensitivity, where legal uncertainty in ownership regimes negatively influences investment decisions and risk assessments. This study contributes by empirically demonstrating the linkage between deficiencies in joint ownership regulation and reduced investment attractiveness. It highlights the urgency of reforming legal mechanisms governing ownership termination and management to enhance legal certainty, minimize disputes, and strengthen the overall investment climate.
Sustainable Development of Intellectual Property Legislation as a Component of National Security Yuliia Leheza; Tsyhanov, Oleh; Halunko, Vira; Boyko, Andriy; Buha, Volodymyr
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.v5i1.269

Abstract

The article examines the role of legislation in intellectual property as an important element in ensuring the state’s national security. Analysis of the current state of intellectual property legislation indicates its gradual alignment with international standards, driven by European integration and the development of the innovative economy. At the same time, despite positive trends, several significant problems remain, including ineffective law enforcement, gaps in legal regulation, especially in the context of digitalisation, and a high level of intellectual property rights violations. This situation indicates the need to improve legislation further, taking into account modern challenges and threats. The study’s practical aspect confirms that violations of intellectual property rights can directly affect the state’s national security. In particular, the use of unlicensed software in state bodies or enterprises of strategic importance creates a risk of confidential information leakage and increases vulnerability to cyber threats. In addition, illegal copying or transfer of technologies, including in the military sphere, can lead to the loss of technological advantage and weakening of the state’s defense capabilities. The main threats associated with insufficient legal protection of intellectual property are identified, along with directions for improving legislative regulation in this area. The need for harmonisation of national legislation with international standards is substantiated (WIPO Treaties, WIPO Copyright Treaty (WCT), WIPO Performances and Phonograms Treaty (WPPT), Madrid System for the International Registration of Trademarks, Hague System for the International Registration of Industrial Designs, Patent Cooperation Treaty (PCT).
Artificial Intelligence and Wage Justice in Indonesian Labour Law:  Balancing Living Wage Standards and Corporate Capacity Agusmidah; Titik Triwulan Tutik; Anna Maslova
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.v5i1.270

Abstract

This article examines the implications of artificial intelligence (AI) in wage determination within Indonesian labour law, focusing on the tension between workers’ entitlement to a living wage and employers’ economic capacity. The study aims to analyse how AI-driven systems may reshape the concept of wage justice and to assess the adequacy of existing legal frameworks in responding to such technological developments. Employing a normative juridical method combined with conceptual and policy analysis, this research draws upon statutory regulations, legal doctrines, and comparative insights from international practices on algorithmic governance. The findings indicate that AI has the potential to enhance efficiency, consistency, and data-driven objectivity in wage-setting processes. However, its application also introduces significant challenges, including algorithmic bias, lack of transparency, and the risk of reinforcing distributive inequality. Indonesian labour law, which remains predominantly anchored in minimum wage mechanisms and macroeconomic indicators, is not yet equipped to regulate AI-based wage determination. As a result, integrating AI without a robust legal framework may undermine both substantive and procedural justice. This article argues that AI should be positioned as a supportive instrument rather than a decision-making authority in wage policies. It proposes a normative framework grounded in principles of transparency, accountability, human oversight, and fairness, while incorporating distributive justice theory and global standards on ethical AI governance. The study contributes to the advancement of labour law scholarship by offering a context-sensitive model for regulating AI in wage determination, particularly relevant for developing legal systems navigating the intersection of technological innovation and social justice.

Page 9 of 9 | Total Record : 90

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