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Strata Law Review
Published by CV. Strata Persada Academia
ISSN : 29873185     EISSN : 29868114     DOI : https://doi.org/10.59631/slr.v1i2.73
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Strata Law Review (SLR) is a prestigious, influential peer-reviewed, open-access journal published Biannually in March and September by CV. Strata Persada Academia. The editorial board and Reviewers of the SLR consist of leading legal scholars and practitioners from diverse backgrounds and regions, who bring expertise and experience to the review process. The SLR follows a rigorous peer-review process to ensure the quality and originality of its published articles. SLR publishes new original research articles of the highest caliber across the full range of legal scholarship, which includes but is not limited to works in the law and history, legal philosophy, sociology of law, Socio-legal Studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Health Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law, and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 3 No. 2 (2025): September" : 6 Documents clear
Innovating Murabahah through Hybrid Contracts: A Normative Juridical Analysis of Sharia-Compliant Financial Practices and Governance in Islamic Banking Siregar, Muhammad Islah; Ikhsan, Muhammad Miftahul; Abdurrahman, Nana Herdiana; Setiawan, Iwan; Fadillah, M Rizki
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.135

Abstract

This study investigates the application of the hybrid contract concept in murabahah financing within Islamic banking, focusing on its legal validity, operational procedures, and compliance with Sharia principles. Hybrid contracts (al-‘uqud al-murakkabah), which integrate multiple contractual elements into a unified framework, have emerged as a significant innovation to address the limitations of conventional murabahah structures in meeting complex financing demands. Employing a normative juridical research design with a qualitative-descriptive approach, this research analyzes primary Islamic legal sources (Qur’an, Hadith, and classical fiqh), relevant regulations, and fatwas, particularly DSN-MUI Fatwa No. 04/DSN-MUI/IV/2000, alongside secondary literature on Islamic finance. The findings reveal that the hybrid contract model, particularly al-murabahah wa ar-rahn (murabahah with collateral), is legally permissible and aligns with the maqasid al-shariah when implemented with full asset ownership and risk assumption by the bank prior to contract execution. The study contributes to the discourse on Sharia-compliant financial innovation by proposing standardized governance protocols, enhanced transparency, and adaptive legal frameworks to strengthen hybrid murabahah financing practices.
Comparison of Bankruptcy Concepts and Procedures in Islamic Economic Law and Indonesian Bankruptcy Law Nursyamsudin, Febriyana; Mukhlas, Oyo Sunaryo; Sururie, Ramdani Wahyu
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.140

Abstract

This study examines and compares the concepts and procedures of bankruptcy in Islamic economic law (At-Taflis wal Hajr) and Indonesian Bankruptcy Law (Law No. 37/2004 on Bankruptcy and Suspension of Debt Payment Obligations). Utilizing a normative legal research design with a qualitative, descriptive-analytical approach, this study relies on secondary data derived from Islamic legal sources (Qur’an, Hadith, classical fiqh literature, and scholarly fatwas) and Indonesian statutory regulations. The analysis applies a comparative legal method supported by content analysis to identify similarities, differences, strengths, and limitations within both legal systems. Findings reveal that while both frameworks share the fundamental aim of resolving debt disputes, protecting creditor rights, and distributing debtor assets equitably under judicial supervision, they differ significantly in their normative underpinnings. Islamic law embeds moral and social dimensions, treating bankruptcy as a remedial mechanism aligned with communal responsibility, whereas Indonesian positive law prioritizes procedural certainty and institutional enforcement to ensure legal and economic order. The study suggests harmonization through integrating procedural clarity with ethical and social responsibility measures from Islamic jurisprudence to strengthen bankruptcy governance in Indonesia.
Safeguarding Educators: The Role of Restorative Justice in Teacher Professional Protection Labaka, Albri; Raharjo, Trisno
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.361

Abstract

This study uses a normative juridical approach that focuses on Law Number 14 of 2005 concerning Teachers and Lecturers to look at legal protection for teachers from potential criminalization. The results show a disharmony in regulations, especially between Law No. 23 of 2002 concerning Child Protection and Law No. 14 of 2005 concerning Teachers and Lecturers. This often creates legal uncertainty and allows for criminalizing pedagogical actions that should be protected. Because the restorative justice approach considers the purpose of the action, the social impact, and the relationship between the perpetrator, the victim, and the educational environment, it is considered more appropriate and equitable in these situations. According to the analysis, some of the policy recommendations are as follows: changes in regulations governing the roles and responsibilities of teachers; the application of the principle of restorative justice in the legal education curriculum; the establishment of educational mediation institutions at the local level; implementation of legal campaigns based on empathy and education; legal preventive protection for educators; and regular evaluation of its implementation.
Analysis of Under-the-Table Child Adoption Practices in the Perspective of Islamic Law and Law No. 23 of 2002 Concerning Child Protection Amaliah, Fitri; Sudrajat, Vickry Maulanna
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.364

Abstract

The persistence of informal or under-the-table child adoption practices in Indonesia poses a significant challenge to the protection of children’s rights and legal certainty. Although adoption is formally regulated under statutory law and Islamic legal principles, informal arrangements remain prevalent, particularly in Sumber Subdistrict, where they are often conducted through verbal agreements without judicial authorization. This study aims to analyze the underlying factors contributing to such practices and to evaluate them from the perspectives of Islamic law and Law No. 23 of 2002 concerning Child Protection. Employing a qualitative normative juridical-descriptive method, this research draws upon primary legal sources, including statutory provisions, Qur’anic verses, Hadith, and fatwas, as well as secondary literature, and applies the Miles and Huberman model of qualitative analysis. The findings reveal that socio-cultural traditions, limited legal awareness, procedural complexity, and the perception of greater psychological security for children are the main drivers of informal adoption. From the standpoint of Islamic law, severing lineage (nasab) is strictly prohibited, while positive law considers such practices unlawful and subject to civil and criminal sanctions, particularly when involving data falsification or exploitation. The study concludes that harmonizing customary practices with statutory frameworks requires legal literacy initiatives, simplified adoption procedures, and stronger institutional coordination to ensure child protection while respecting social and cultural contexts.
Analysis of Obstacles to Resolving Civil Service Disputes at the Yogyakarta Administrative Court Aufa, Muhammad Fikri; Widodo, Andrea Brilianto
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.406

Abstract

Following the enactment of Law Number 5 of 2014 concerning the State Civil Apparatus (ASN), the Yogyakarta State Administrative Court (PTUN) has become a forum for civil servants to defend their legal interests and seek justice. Under this law, a civil servant must first exhaust administrative channels as mandated by Article 129. Specifically, to file a lawsuit with the Yogyakarta PTUN, a civil servant must first file an administrative objection. This step is a prerequisite for the dispute to fall under the court's authority. This research employs a normative legal methodology, using legal analysis that treats law as a system of norms. This system includes principles, ethics, regulations from statutes, court decisions, agreements, and legal doctrines. The study identifies six factors that hinder the resolution of civil servant disputes at the Yogyakarta PTUN. It demonstrates that the challenges in settling these administrative conflicts are influenced not only by the parties involved but also by judges, the nature of the verdicts, and socio-cultural variables.
Reforming the Bureaucratic Frontiers: An Analysis of Legal Implications, Concepts and Challenges for Non-Civil Servant Employees in Indonesia Ramli, Verawati; Anwary, Ichsan; Suprapto, Suprapto; Erlina, Erlina
Strata Law Review Vol. 3 No. 2 (2025): September
Publisher : CV. Strata Persada Academia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59631/slr.v3i2.435

Abstract

The regulation of non-civil servant government employees (non-ASN) in Indonesia presents complex legal and administrative challenges amid ongoing bureaucratic reforms. The enactment of Law No. 20 of 2023 on State Civil Apparatus fundamentally redefines the status of non-ASN personnel by limiting the state apparatus to civil servants (PNS) and government employees with work agreements (PPPK), thereby mandating the transition of 2.42 million non-ASN employees into a formalized legal framework. This study employs normative legal research through statute, case, historical, comparative, and conceptual approaches to examine the legal implications of non-ASN management and to formulate a conceptual model for structuring their employment. Findings reveal that while the law introduces transformative elements such as merit-based recruitment, competence development, and digitalization, regulatory inconsistencies remain between statutory provisions and practical implementation. The research highlights the urgency of ensuring fairness, legal certainty, and transparent mechanisms to safeguard the rights of long-serving non-ASN employees. It concludes that sustainable bureaucratic reform requires a meritocratic system, inclusive governance, and continuous adaptation aligned with ethical values and technological advancements, thereby fostering professional and accountable public services.

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