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Mohammad Zainal Hamdy
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jamiah.duba@gmail.com
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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 47 Documents
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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; Zaenul Mahmudi; Musataklima Musataklima
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.
Assessing the Regulatory Impact of Community-Based Forest Management on Ecosystem Sustainability and Community Livelihoods Sukirno Sukirno
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.v4i1.798

Abstract

This study addresses the problem of whether the Community-Based Forest Management (CBFM) program effectively integrates ecosystem conservation with improving the welfare of local communities. Despite its participatory approach, challenges remain in governance, transparency, and policy coordination. The objective of this research is to evaluate the effectiveness of CBFM implementation in achieving ecosystem balance while enhancing community livelihoods. The study employs a qualitative case study design with a descriptive-analytical approach. Data were collected through in-depth interviews, field observations, and documentation to obtain comprehensive insights into program implementation. The findings reveal that CBFM has contributed significantly to increasing vegetation cover, maintaining water resource stability, and reducing illegal logging practices. In addition, the program has improved local incomes, particularly in the Purwokerto area, through diversification of livelihoods based on non-timber forest products and agroforestry systems. However, its effectiveness is constrained by limited participatory governance, unequal benefit distribution, and weak cross-sectoral policy integration. This study contributes to the development of legal and policy frameworks by emphasizing the need for strengthened governance, transparency, and integrated policies to ensure sustainable forest management and equitable community welfare.
The Legal Politics of Modern Retail Arrangement Based on Pancasila Values in the Protection of the People's Market Abdul Wahab; Yorman Yorman
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.v4i1.800

Abstract

he purpose of this research is to formulate a legal policy of modern retail structuring that is oriented towards the value of Pancasila in protecting the people's market and maintaining the sustainability of the local economy in Central Lombok Regency. This study uses a socio-legal empirical research design by integrating normative legal analysis and spatial empirical approaches based on Geographic Information System (GIS) as well as qualitative interviews. The normative analysis is focused on Central Lombok Regency Regional Regulation Number 7 of 2021 concerning the Arrangement and Development of People's Markets, Shopping Centers, and Supermarkets. Meanwhile, empirical analysis was carried out through mapping 139 modern retail outlets, measuring distance to the people's market, field observations, and interviews with 24 informants consisting of market traders, local government officials, and modern retail managers. The results of the study show that the distribution of modern retail is concentrated in sub-districts with economic activity, such as Praya and Pujut. Of the 139 outlets, as many as 63 outlets are within a radius of less than 1 kilometer from the people's market, and some are very close, which causes asymmetrical competition between large capital and small traders. The implementation of the Regional Regulation is still formal administrative and does not reflect substantive protection of the people's market. The values of Pancasila, especially social justice and the people, have not been operationally internalized in the zoning, licensing, and supervision systems. This study concludes that the legal politics of modern retail arrangements need to be reoriented through the establishment of buffer zones to protect the people's market, the evaluation of permits based on socio-economic impacts, and the involvement of traders in the policy process so that the modern retail arrangement truly reflects the values of Pancasila and maintains the sustainability of the local economy.
Environmental Governance under Decentralization: A Comparative Legal Analysis Shelvi Rusdiana; Hanifah Ghafila Romadona; Ampuan Situmeang; Mimi Sintia Mohd Bajury Bajury; Winda Fitri
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.v4i1.813

Abstract

Environmental governance in Southeast Asia continues to face serious challenges due to climate change, pollution, and the persistent tension between centralized authority and local autonomy. This study addresses the legal problem of whether decentralization frameworks in Indonesia, Thailand, and the Philippines adequately support environmental governance and the protection of the right to a healthy environment. The study aims to comparatively assess the normative structure of decentralization and environmental regulation in those three jurisdictions and to identify the legal implications of centralized tendencies within their governance systems. This research employs a doctrinal legal research method with a comparative approach, relying on primary legal sources and relevant secondary materials. The findings show that all three countries formally recognize local governmental roles in environmental management, yet substantial centralized control remains dominant. Indonesia and Thailand exhibit stronger top-down regulatory structures that constrain local autonomy, while the Philippines offers a relatively more participatory and comprehensive framework, though it remains highly fragmented. The study concludes that decentralization in ASEAN environmental governance has not yet fully ensured effective legal protection of the right to a healthy environment.
MUI Fatwa No. 10 of 2008 on Siri Marriage: An Interdisciplinary Study from the Perspective of Maqashid Sharia Kalijunjung Hasibuan; Syamruddin Nasution; Salmaini Yeli
Syura: Journal of Law Vol. 4 No. 2 (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.v4i2.817

Abstract

This study investigates the implementation of MUI Fatwa No. 10 of 2008 concerning underhand marriage (nikah siri) in Padang Lawas Regency through an interdisciplinary maqāṣid al-syarī‘ah perspective. The persistence of underhand marriage remains a significant legal and social problem because many communities regard it as religiously valid despite the absence of formal state recognition, resulting in legal vulnerabilities for women and children. This study aims to examine the implementation of the fatwa, identify legal and social obstacles, explore the effectiveness of an interdisciplinary approach in addressing family law issues, and analyze the phenomenon through the framework of maqāṣid al-syarī‘ah. Employing a qualitative field research design, data were collected through interviews, observations, and documentation, and analyzed using a phenomenological approach involving epoche, phenomenological reduction, meaning categorization, textual and structural descriptions, and synthesis of meaning. The findings reveal that the implementation of the fatwa has not been fully effective due to weak legal enforcement, limited public legal awareness, cultural traditions, and economic considerations. The study further demonstrates that integrating legal, religious, social, cultural, and economic perspectives provides a more comprehensive understanding of underhand marriage. This research contributes to the development of interdisciplinary Islamic family law studies by strengthening the application of maqāṣid al-syarī‘ah as a holistic framework for resolving contemporary family law challenges in Muslim societies.
A Critical Analysis of the Regulatory Framework and Evidentiary Practices under Law No. 12 of 2022 on Sexual Violence Crimes Irpan Suriadiata; Janou Willems
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.v4i1.831

Abstract

Law No. 12 of 2022 on Sexual Violence Crimes was enacted as a specific legal instrument to strengthen the protection of victims of sexual violence in Indonesia. However, the evidentiary provisions contained in the law raise significant legal concerns regarding the balance between victim protection and the protection of suspects' rights, particularly in relation to the presumption of innocence and due process of law. This study aims to analyze the regulation and application of evidentiary practices in sexual violence cases, examine the legal challenges in balancing victim protection with the rights of suspects, and assess the legal implications of disparities in protection between both parties under Law No. 12 of 2022. This research employs a normative legal method using statutory, case law, and conceptual approaches. The data sources consist of legislation, judicial decisions, legal doctrines, and relevant scholarly literature. The findings reveal that the evidentiary framework under the Sexual Violence Crimes Law potentially weakens the presumption of innocence due to the tendency to rely on victim and psychologist testimony without sufficient objective corroborative evidence. Furthermore, there is a shift in the standard of proof from the principle of beyond a reasonable doubt toward emotional justification, which may threaten both procedural and substantive justice. This study contributes a critical legal analysis of evidentiary practices under the Sexual Violence Crimes Law and proposes strengthening the balance between victim protection and the constitutional rights of suspects within Indonesia’s criminal justice system.
Mens Rea in Anti-Corruption Law: Challenges and Approaches in Regional Legal Frameworks Triana Dewi Seroja; Emiliya Febriyani; Vicko Taniady; Febri Jaya; Antony Antony
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.v4i1.864

Abstract

This study examines the implications of mens rea in anti-corruption laws across Indonesia, Thailand, and the Philippines, focusing on the philosophical basis behind corruption as a breach of the social contract. The objective is to assess how the mens rea concept in these countries' legal frameworks impacts the effectiveness of anti-corruption enforcement. Through normative legal research, the study analyzes key legal norms, particularly focusing on inconsistencies in mens rea provisions that may hinder the full potential of anti-corruption laws. The findings reveal that while Indonesia’s framework incorporates severe penalties and reverse burden of proof, its inconsistency in defining corrupt intent weakens its deterrence power. Thailand’s legal framework, although more consistent, lacks provisions for willful blindness, while the Philippines suffers from fragmented laws and ambiguous mens rea standards. The study highlights the need for a more coherent mens rea framework to strengthen anti-corruption enforcement and align legal systems with public expectations for government integrity and accountability.
Reconstructing the Principle of Propriety: Towards Legal Certainty in Indonesia Contracts Law Ariyanto Ariyanto
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.v4i1.808

Abstract

This study examines the regulation and implementation of the propriety principle in Indonesian contract law, addressing the continuing uncertainty surrounding its criteria and judicial application. Although the principle is recognized in legislation and court practice, the absence of clear standards has led to inconsistent interpretations, potentially affecting legal certainty and fairness in contractual relationships. The research aims to evaluate whether the existing criteria for the propriety principle require further clarification and reinforcement within the Indonesian legal framework. Employing a normative legal research method, the study analyses statutory regulations, court decisions with permanent legal force, and relevant legal theories proposed by Van Dunne, Arthur L. Corbin, Robin Kar, and Bertram Lomfeld. The findings indicate that the propriety principle should be interpreted in close relation to the doctrine of good faith and the concepts of contract as deliberation and contract as empowerment. Moreover, the meeting of minds between contracting parties is identified as the fundamental mechanism through which propriety is realized in contractual agreements. This study contributes to the development of Indonesian contract law by offering a more coherent theoretical framework and practical guidance for judges, legal practitioners, and policymakers in interpreting and applying the propriety principle consistently

Page 4 of 5 | Total Record : 47

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