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Mawaddah: Jurnal Hukum Keluarga Islam
Published by Universitas Muhammadiyah Bandung
ISSN : -     EISSN : 30266076     DOI : https://doi.org/10.52496/mjhki.v1i1.7
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
Mawaddah: Journal of Islamic Family Law, an electronic journal that provides a forum for publishing research articles, literature reviews, field research and or book reviews on Islamic family law. The scope is as follows: 1. Marriage 2. Divorce 3. Joint Property 4. Child Custody 5. Inheritance 6. Waqf 7. Grant 8. Falak Science 9. Islam and Gender 10. Current Issues in Family Law 11. Islamic Law 12. Civil Law 13. Criminal Law 14. Customary Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 73 Documents
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Needs Analysis For The Utilization of Artificial Intelligence In The Drafting of Regional Legal Products In Indonesia: A Case Study In The Provinces of West Java, Central Java, and East Java Nassaruddin, Ende Hasbi; Gumelar, Dian Rachmat; Anggayudha, Zaihan Harmaen; Rafsanjani, Jody Imam; Wahyudi, Wahyudi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.78

Abstract

In an increasingly advanced digital era, the use of Artificial Intelligence (AI) in the legislative process and the creation of legal products has become a significant innovation worth attention, especially for enhancing efficiency and accuracy. This study aims to analyze the use of AI from a siyasah dusturiyah perspective and analyze the need for AI utilization in the preparation of regional legal products in three main provinces of Indonesia: West Java, Central Java, and East Java. This research uses a qualitative method with a case study approach, involving secondary data analysis and interviews with policymakers and legal experts. The study findings indicate that the use of AI from a siyasah dusturiyah fiqh perspective can be understood as part of the development of contemporary ijtihad. In addition, the implementation of AI has great potential to reduce administrative burdens, accelerate the legislative process, and improve the quality of regulations. However, several challenges remain, such as the readiness of technological infrastructure, AI-related regulations, and resistance from several stakeholders. These findings provide recommendations for strategic steps that regional governments can take to optimize the use of AI in the preparation of legal products.
Normative Critique of Passive Money Laundering Formulation in Indonesian Criminal Law: An Islamic Proportionality Perspective Wiguna Sanjaya, Aditya; Kristanto, Kiki; Mohamed, Nabilaa; Firmanto, Taufik; Achsoni, Rudhi
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.82

Abstract

Money laundering crimes are generally classified into active and passive forms. In the Indonesian context, passive money laundering based on Article 607 paragraph (1) letter (c) of the Criminal Code adopts the pro parte dolus pro parte culpa model which equates criminal liability between intentional acts and those committed due to negligence. This approach raises normative issues related to the principle of proportionality which requires differentiating sanctions based on the degree of error. This study aims to analyze the principle of proportionality in Islamic criminal law and evaluate the suitability of the formulation through a comparative approach. This study uses normative legal methods with legislative, conceptual, and comparative approaches. The analysis was carried out on the provisions of Indonesian criminal law, Islamic criminal law principles, and several relevant foreign legal systems. The results of the study show that Islamic criminal law expressly distinguishes the level of error in the imposition of sanctions, as reflected in the concepts of qisas and diyat. This principle is also in line with a number of modern legal systems that separate intentional crimes (dolus) and negligent crimes (culpa) with different criminal consequences. On the other hand, the pro parte dolus pro parte culpa model in the Criminal Code has the potential to obscure these differences by imposing equivalent sanctions, thereby weakening the principle of proportionality and risking substantive injustice. This research contributes theoretically through strengthening the study of comparative criminal law based on the integration of Islamic law perspectives, as well as practically by recommending the reformulation of criminal policies to ensure more optimal proportionality and justice.
Socioeconomic Inequality and Judicial Disparities In Drug Sentencing: A Mixed-Methods Study on Rehabilitation vs Imprisonment In Indonesia Rinaldi, Kasmanto; Susanti, Heni; Ladiqi, Suyatno; Adni, Dita Fisdian
Mawaddah: Jurnal Hukum Keluarga Islam Vol 4 No 1 (2026): Mei
Publisher : Universitas Muhammadiyah Bandung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52496/mjhki.v4i1.87

Abstract

Drug-related arrests in Indonesia frequently result in disparate legal outcomes influenced by extralegal determinants, raising concerns about fairness and consistency within the national drug policy framework. This study examines the factors shaping judicial decisions between rehabilitation and imprisonment within the Indonesian legal system. Employing a mixed-methods design, the research integrates quantitative analysis of secondary data derived from judicial decisions and reports of the National Narcotics Agency (BNN) covering the period 2019–2024, with qualitative insights obtained through in-depth interviews, analyzed using NVivo 12. The analysis is grounded in critical criminology and Islamic legal principles, particularly maqāṣid al-sharī‘ah. Within this framework, “systemic bias” is operationalized as patterned disparities in sentencing outcomes associated with extralegal factors, including socioeconomic status and drug type. The findings indicate that individuals from lower socioeconomic backgrounds and those involved with synthetic drugs are significantly more likely to receive custodial sentences, whereas defendants from higher socioeconomic groups or associated with traditional substances are more frequently directed toward rehabilitation programs. These disparities reflect structural inequalities that undermine both legal rationality and the normative objectives of justice, including the protection of life, intellect, and social welfare as emphasized in maqāṣid al-sharī‘ah. To address these issues, the study advocates for comprehensive legal reforms, including the standardization of sentencing guidelines, expanded access to rehabilitation services, strengthened inter-agency coordination, and a shift toward a harm-reduction approach to promote a more equitable system of drug law enforcement in Indonesia.

Page 8 of 8 | Total Record : 73

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