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INDONESIA
International Journal of Sociology and Law
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30471923     EISSN : 30470692     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Sosiologi dan Ilmu Politik
Articles 155 Documents
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Local Electoral Law, Law Enforcement, and Democratic Justice: An Islamic Criminal Law Perspective in Sungai Penuh, Jambi. Sampe Nababan; Bahrul Ulum; Hermanto Harun; Abdul Halim
International Journal of Sociology and Law Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i4.1045

Abstract

This study aims to analyze the implementation of the Regional Election Law in relation to law enforcement and local democratic justice from the perspective of Islamic criminal law in Sungai Penuh Municipality. The research examines the effectiveness of Law Number 10 of 2016 in addressing regional election violations, its impact on public participation and local democracy, and its relevance to Islamic criminal law principles, particularly justice (‘adālah), public benefit (maṣlaḥah), and the prevention of harm (dar’ al-mafsadah). This study employs a normative-empirical approach using qualitative methods. Data were collected through document analysis, observation, interviews, and examination of laws, legal decisions, and law enforcement practices related to regional elections. The findings indicate that the implementation of the Regional Election Law has not been fully effective in ensuring fair, honest, and democratic elections. Several challenges remain, including the suspension of vote counting at polling stations, allegations of sabotage and ballot burning, weak coordination among law enforcement institutions, and the suboptimal role of the Integrated Law Enforcement Center (Sentra Gakkumdu) in addressing election-related crimes. Geographical conditions, limited infrastructure, and local political culture also affect democratic quality. From the perspective of Islamic criminal law, existing election law enforcement practices have not fully reflected the principles of justice, public welfare, and prevention of social harm. Therefore, stronger regulations, improved institutional coordination, and broader political education are needed to support a more just, orderly, and dignified local democracy.
Islamic Public Policy and Welfare-Oriented Development: Evidence from the Dumisake Program in Jambi Province, Indonesia (2021–2024) Pahrudin HM; Sutri Destemi Elsi; Suhendri Suhendri; Samsuddin Samsuddin; Neng Ayu Saadah
International Journal of Sociology and Law Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i4.1055

Abstract

This study aims to examine the development policies of the Jambi Provincial Government under the leadership of Haris-Sani from the view of Islamic public policy. Public policy as a tool of Islamic governance aims to promote social justice (`adalah) and public welfare (maslahah `ammah) based on the objectives of maqasid al-shariah . The study seeks to assess how far the administration’s flagship program, the Dumisake Program, has contributed to welfare-oriented development and reflected Islamic public policy principles. A quantitative survey approach was employed involving 880 respondents selected through multistage random sampling from 11 regencies and municipalities in Jambi Province. The sample was determined using the Isaac and Michael formula with a 4% margin of error. Data were analyzed using SPSS and complemented by library research based on policy documents and welfare statistics from 2021–2024. The results demonstrate that the Dumisake Program is an effective attempt to put maqasid al-shariah into practice through programs in social assistance, education, healthcare, MSME empowerment, food security, religious support, and plantation growth. According to survey results, 70.60% of participants thought the initiative improved community wellbeing. However, Jambi's very low Human Development Index and ongoing poverty indicate that social fairness and sustainable wellbeing have not yet been fully realized. The study comes to the conclusion that in order to completely accomplish the goals of Islamic public policy and sustainable societal welfare, more inclusive development strategies, institutional accountability, and stronger policy effectiveness are required.
The Application of ‘Uqubat Ta’zir Imprisonment against Perpetrators of Child Sexual Abuse in the Decisions of the Suka Makmue Shari’a Court, Nagan Raya Regency Marsarahwati Rezki; Mohd. Din; Sulaiman Sulaiman
International Journal of Sociology and Law Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i4.1067

Abstract

Child sexual abuse is a criminal offense that can cause physical, psychological, and social suffering, and therefore requires a response oriented toward the protection of victims. In the cases examined, Article 47 of Aceh Qanun Number 6 of 2014 on Jinayat Law provides alternative ‘uqubat ta’zir in the form of caning, a fine, or imprisonment. Meanwhile, Supreme Court Circular Letter (SEMA) Number 10 of 2020 affirms the imposition of imprisonment in sexual abuse cases involving child victims in order to ensure child protection. These provisions give rise to questions regarding the reasons for imposing imprisonment, the judges’ considerations in choosing and determining the length of the sentence, and the adequacy of imprisonment in protecting victims. These issues are found in the decisions of the Suka Makmue Shari’a Court, Nagan Raya Regency, which imposed prison sentences of differing durations and contained forms of victim protection that were not uniform. The purpose of this study is to explain the application of imprisonment as ‘uqubat ta’zir against perpetrators of child sexual abuse. The research method used is normative juridical, employing a statutory approach and a case approach. The results show that the application of imprisonment is based on the offender’s accountability, the need for deterrence, restriction of the offender’s access to the victim, and rehabilitative objectives. However, the success of rehabilitation and the prevention of reoffending after the offender’s release cannot be determined from the court decisions alone.
Tailoring Restitution for Child Victims of Criminal Offenses: Strengthening the Best Interests of the Child in Indonesian Criminal Justice Yulianto Dwi Putra; Fenty U. Puluhulawa; Suwitno Yutye Imran
International Journal of Sociology and Law Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i4.1068

Abstract

Restitution constitutes an important instrument for restoring the rights of children who become victims of criminal offenses. Nevertheless, the fulfillment of restitution cannot be reduced to the determination of a monetary amount because the consequences of criminal offenses against children vary according to the victim's age, psychological condition, family circumstances, educational needs, and prospects for future development. This study aims to analyze the concept of individualized restitution for child victims of criminal offenses and examine the integration of the best interests of the child principle into judicial consideration of restitution in Indonesia. This study employs normative juridical research using a statutory approach and a conceptual approach. Legal materials were obtained through legislation, judicial regulations, legal doctrines, and relevant scholarly literature and were analyzed qualitatively using descriptive-prescriptive analysis. The results demonstrate that the Indonesian legal framework has provided a relatively comprehensive basis for restitution through the Child Protection Law, the Witness and Victim Protection Law, Government Regulation Number 43 of 2017, the Sexual Violence Crimes Law, and Supreme Court Regulation Number 1 of 2022. However, the existing framework still requires a stronger child-centered interpretation because restitution tends to be approached primarily as compensation for measurable losses. Individualized restitution requires judges to consider the concrete circumstances of each child, including material losses, psychological suffering, medical and psychological treatment, educational disruption, future needs, and other consequences directly attributable to the offense. Integrating the best interests of the child into judicial reasoning would transform restitution from a merely compensatory mechanism into a victim-centered instrument of recovery and restorative justice.
Neutralising Impediments: Obligatory Bequests for Non-Muslim Heirs and the Civil Relationship of Children Born out of Wedlock as the Silent Secularisation of Islamic Civil Law in Indonesia Ismed Batubara; Diana Lubis; Zamalluddin Sembiring; Dhani Hasibuan; Nurasiah Harahap; Dikko Amar
International Journal of Sociology and Law Vol. 3 No. 4 (2026): November: International Journal of Sociology and Law
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijsl.v3i4.1076

Abstract

Debates on legal secularisation in Indonesia largely concern criminal and constitutional law, although Islamic civil law may undergo similar changes through judicial interpretation. This article examines two developments: Supreme Court jurisprudence extending obligatory bequests (wasiat wajibah) to non-Muslim heirs, beginning with Decision No. 368 K/AG/1995, and Constitutional Court Decision No. 46/PUU-VIII/2010 concerning civil relationships between children born outside marriage and their biological fathers. Using normative legal research with statutory, case, conceptual, and philosophical approaches, the study applies a Three-Question Test addressing legal purpose, the nature of norms, and sources of legitimacy. The analysis finds that both developments only partially satisfy the purpose criterion and fail the normative-character criterion. Although religious difference and illicit sexual relations remain recognised impediments, their legal consequences are redirected through alternative mechanisms, described as the neutralisation of mani'. The article argues that judicial reasoning increasingly draws legitimacy from justice, pluralism, biological relationships, and non-discrimination rather than exclusively from revelation. It also identifies an expanded function of obligatory bequests, asymmetrical legal outcomes, and tensions surrounding the recognition of paternal relationships. Philosophically, these developments are interpreted as shifting lineage toward biological evidence and reshaping inheritance through judicial intervention. The study characterises this process as silent secularisation of Islamic civil law. It recommends codifying obligatory bequests with explicit limits and distinguishing paternal maintenance obligations from questions of lineage and inheritance, while retaining safeguards against discriminatory or inconsistent judicial application.

Page 16 of 16 | Total Record : 155

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