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Mohammad Zainal Hamdy
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Jl. PP. Darul Ulum Banyuanyar Poto'an Daya Palengaan Pamekasan Madura Jawa Timur 69362, Indonesia
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Syura: Journal of Law
Published by Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan
ISSN : -     EISSN : 29865670     DOI : https://doi.org/10.58223/syura.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Syura is a journal of Law, published biannually: on Februari and August by Constitutional Law Department, Sekolah Tinggi Agama Islam Darul Ulum Banyuanyar Pamekasan, Indonesia. The objective of Syura is to offer the highest quality research to the broadest possible audience. The Editorial aims to offer an academic platform for cross-border legal research. It includes but is not limited to various fields such as philosophy and theory of law, comparative law, sociology of law, international law, constitutional law, private law, economic law, environmental law, criminal law, administrative law, cyber law, human rights law, Islamic Law and agrarian law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 3 Documents
 1 
Search results for , issue "Vol. 4 No. 1 (2026)" : 3 Documents clear
Mediation of Divorce Disputes by the Village Government: The Perspective of Progressive Legal Theory and Maqasid Syariah Jasser Auda Mawardi Mawardi; Roibin Roibin; Musleh Harry
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.793

Abstract

The increasing rate of divorce in Indonesia indicates that marital conflicts are no longer merely private matters but have evolved into broader social issues affecting community stability. In addition to litigation through religious courts, community-based alternative dispute resolution mechanisms emphasizing deliberation and local wisdom have developed, one of which is mediation conducted by village governments. This study aims to analyze the effectiveness of divorce dispute mediation carried out by the Village Government of Banra’as, Sumenep Regency, and to examine the practice from the perspectives of progressive legal theory and maqasid al-sharia as proposed by Jasser Auda. This research employs an empirical legal method with a qualitative approach. Data were collected through field observations, interviews with village officials and relevant stakeholders, as well as documentation studies, and were analyzed using descriptive-analytical techniques. The findings reveal that village mediation plays a significant role in reducing domestic conflicts and encouraging reconciliation between spouses before cases are brought to the religious court. From the perspective of progressive law, this practice reflects a humanistic, flexible, and substantively just legal approach. Meanwhile, from the perspective of maqasid al-sharia, village mediation represents an effort to preserve family welfare (hifz al-nasl), maintain social stability, and promote holistic societal well-being. Therefore, mediation conducted by village governments can be regarded as an effective and contextual dispute resolution model that aligns with both legal values and socio-religious norms.
Unregulated Self-Preferencing in ASEAN Digital Platform Ecosystems Lu Sudirman; David Tan; Windi Afdal; Nur Fatihah; Rufinus Hotmaulana Hutauruk
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.810

Abstract

The rapid expansion of digital platforms in Southeast Asia has intensified concerns regarding self-preferencing practices within vertically integrated ecosystems, which often operate in opaque and difficult-to-detect forms. This study examines the inadequacy of existing antitrust frameworks in Indonesia, the Philippines, and Vietnam in addressing such anti-competitive conduct. The research aims to assess the normative sufficiency of these legal systems and identify regulatory gaps in tackling self-preferencing in digital markets. This study employs a doctrinal legal research method combined with a comparative approach. The findings reveal that all three jurisdictions face significant limitations, particularly due to the absence of explicit prohibitions on self-preferencing mechanisms to address algorithmic bias, particularly in its early stage. Indonesia demonstrates the most substantial deficiencies, while the Philippines and Vietnam offer relatively more flexible interpretative tools, albeit still insufficient in addressing the complexities of digital ecosystems. The study concludes that the current, primarily ex-post approach in the relevant frameworks needs to be supported by an ex-ante mechanism, which leads the study to recommend the introduction of explicit legal recognition of self-preferencing and expansion of vertical integration provisions, along with other safeguards to prevent further competitive damage from self-preferencing.
Regulatory Gaps in Data Protection and Proportionality in Digital Banking: Legal Issues in ASEAN Agustianto Agustianto; Michael T. Sacramed; Winda Fitri; Nadia Carolina Weley; Hari Sutra Disemadi
Syura: Journal of Law Vol. 4 No. 1 (2026)
Publisher : Sekolah Tinggi Agama Islam (STAI) Darul Ulum Banyuanyar Pamekasan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58223/syura.v4i1.811

Abstract

This study examines the legal gaps in regulating data proportionality in ASEAN digital banking, particularly in Indonesia, the Philippines, and Malaysia. The main legal issue lies in the absence of clear standards governing the limitation, justification, and classification of personal data, which leads to excessive and potentially invasive data processing practices in digital banking systems. This research aims to examine the concept of data proportionality in digital banking and to assess the adequacy of legal frameworks governing data proportionality in Indonesia, the Philippines, and Malaysia in order to identify existing regulatory gaps. This study employs a normative legal research method with a comparative approach. The findings reveal that although all three countries have established data protection frameworks, none comprehensively integrate data proportionality into digital banking regulations, resulting in fragmented and ineffective legal protection. Indonesia lacks detailed standards and risk-based mechanisms, while the Philippines and Malaysia show regulatory gaps in governing conventional digital banking services. These weaknesses contribute to increased risks of privacy violations and legal uncertainty. Therefore, this study suggests the need for regulatory reform, including clearer data classification, proportionality standards, and mandatory risk assessments, to ensure a balance between digital banking innovation and the protection of consumer privacy rights.

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