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INDONESIA
Journal of International Islamic Law, Human Right and Public Policy
Published by PT. RADJA INTERCONTINENTAL PUBLISHING
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice
This journal emphasizes specifics in the discourse of Islamic Law and Humanity, as well as communicating actual and contemporary research and problems related to Islamic studies. This journal openly accepts contributions from experts from related scientific disciplines. All articles published do not necessarily represent the views of the journal, or other institutions that have links to journal publications. This journal publishes articles with the following focus and scope: Islamic Law and Jurisprudence from various perspectives which emphasize aspects related to the study of Islamic Jurisprudence in the Indonesian and international context, with special reference to culture, diversity, norms and customs of life, politics , sociology, psychology, anthropology, economics, history, philosophy, Islamic astronomy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 11 Documents
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Search results for , issue "Vol. 4 No. 1 (2026): March" : 11 Documents clear
VALIDITY OF LAND RENTAL AGREEMENTS BETWEEN FOREIGN CITIZENS AND INDONESIAN CITIZENS WITH A TERM OF OVER 80 YEARS IN SUPREME COURT DECISION NUMBER 2785 K/PDT/2011 Shania Lorusso; Lego Karjoko; Rachma Indriyani
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.176

Abstract

This study examines the validity of land lease agreements with very long terms, even exceeding 80 years, between foreign nationals and Indonesian citizens as reflected in Supreme Court Decision Number 2785 K/Pdt/2011. The analysis focuses on how the principles of freedom of contract, the principle of justice, and the principle of legal certainty are applied when the structure of the lease clause substantively shifts the nature of the lease into long-term land ownership that resembles a disguised transfer of ownership rights. The study uses a normative juridical method with a statutory regulatory approach and a conceptual approach to the Civil Code, the Basic Agrarian Law, and the doctrine of contract law, which are then linked to the legal considerations of the Supreme Court in the case. The results of the study indicate that unreasonable lease terms, disproportionate rental prices, and unequal bargaining positions give rise to violations of the social function of land and the limits of legal propriety, while also emphasizing the importance of the role of notaries in preventing the emergence of exploitative contract clauses.
TRANSPARENCY OF BPI DANANTARA IN MANAGING THE DIVIDENDS OF STATE-OWNED ENTERPRISES Zita Humairoh; Reka Dewantara; Amelia Sri Kusuma Dewi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.178

Abstract

The transformation of Indonesian State-Owned Enterprises (SOEs) through the establishment of the Danantara Investment Management Agency (BPI Danantara) marks a paradigm shift toward a Sovereign Wealth Fund (SWF) model. This research aims to analyze the transparency mechanisms of dividend management under the framework of Law No. 16 of 2025 concerning SOEs, specifically in mitigating the risk of "financial contagion" caused by high-debt strategic projects such as the Jakarta-Bandung High-Speed Railway (Whoosh). Using a normative legal research method with a case study approach, this study examines the legal protections provided by the new regulation against the improper use of dividends to bail out distressed entities. The results of this study indicate that Law No. 16/2025 establishes a "legal firewall" that separates state-separated assets for investment purposes from public service obligations. The study concludes that BPI Danantara’s commitment to allocating dividends solely for productive reinvestment is a crucial manifestation of fiduciary duty. Furthermore, the adoption of international reporting standards, such as the Santiago Principles, is essential to ensure that SOE profits are utilized for long-term national capital accumulation rather than as a non-transparent instrument for debt restructuring of inefficient projects.
STRENGTHENING ELECTORAL INTEGRITY IN THE CONTEXT OF SPECIAL ECONOMIC ZONES: A LEGAL STUDY ON REGIONAL HEAD ELECTION GOVERNANCE IN BATAM CITY Erniyanti; Markus Gunawan; M. Tartib; Etty Sri Wahyuni
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.179

Abstract

This study examines the legal framework governing electoral integrity in regional head elections (Pilkada) in Batam City, a unique administrative region with dual status as both a Free Trade Zone (FTZ) and Special Economic Zone (SEZ). The research addresses the intersection of electoral law, decentralization policies, and special economic governance that creates distinctive challenges for democratic processes. Using normative legal research methodology with statutory, conceptual, and comparative approaches, this study analyzes how the overlapping regulatory frameworks between Law Number 7 of 2017 on General Elections, Law Number 10 of 2016 on Regional Elections, and Government Regulation Number 4 of 2025 on Batam FTZ affect electoral governance and integrity. The findings reveal that Batam faces unique electoral challenges stemming from its heterogeneous population composition, high labor mobility, complex institutional arrangements between Batam Concession Agency (BP Batam) and Batam City Government, and susceptibility to money politics due to economic disparities. This research proposes a legal framework for strengthening electoral integrity through enhanced voter registration mechanisms, improved election supervision coordination, and integrated governance between electoral management bodies and special zone authorities. The study contributes to the scholarly discourse on electoral democracy in special jurisdictions and offers policy recommendations for harmonizing economic zone governance with democratic electoral principles.
THE ROLE OF NOTARIAL DEEDS IN ENSURING LEGAL CERTAINTY FOR FOREIGN INVESTMENT IN BATAM FREE TRADE ZONE: A LEGAL FRAMEWORK ANALYSIS Maniah; Erniyanti; M. Tartib3
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.180

Abstract

The Batam Free Trade Zone (FTZ) has emerged as one of Indonesia's most strategic economic corridors, attracting substantial foreign direct investment due to its geographical proximity to Singapore and Malaysia, as well as favorable fiscal incentives. However, the rapid influx of investment necessitates robust legal mechanisms to ensure transactional certainty and protect the rights of all parties involved. This research examines the pivotal role of notarial deeds in providing legal certainty for foreign investment activities within the Batam FTZ. Employing normative juridical methodology with statutory, conceptual, and comparative approaches, this study analyzes the intersection between notarial law frameworks under Law Number 2 of 2014 concerning Notarial Position (UUJN) and the specific regulatory requirements governing the Batam FTZ under Government Regulation Number 62 of 2019. The findings reveal that notarial deeds serve as indispensable instruments for establishing legal certainty through their authentic evidentiary power (volledig en bindende bewijskracht), which provides conclusive proof of legal transactions. However, several challenges persist, including regulatory fragmentation between national notarial standards and local FTZ requirements, inadequate harmonization of land rights documentation, and procedural complexities in cross-border transactions. This research proposes regulatory recommendations to strengthen the notarial framework within the Batam FTZ, thereby enhancing investor confidence and facilitating sustainable economic development in accordance with Gustav Radbruch's triadic legal values of justice, utility, and certainty.
TRANSFER PRICING IN THE PERSPECTIVE OF INTERNATIONAL BUSINESS LAW AND ETHICS Mahrum Maini; Noorzilah; Taufik Ismail Harahap; Yeltriana; Ismed Batubara
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.181

Abstract

Transfer Pricing is currently widely carried out by multinational companies with the aim of avoiding taxes because the company wants a large amount of profit, Tax avoidance activities result in bad risks for the company related to the company's reputation in the wider community but in fact taxes are very important income in the country, because the tax revenue is used to finance all forms of national development for the welfare of the people. This research is motivated by government complaints about transfer pricing actions carried out by multinational manufacturing companies or other large companies which are considered very contrary to the state system of the Republic of Indonesia, The formulation of the problem in this study is how the process of transfer pricing occurs and its relationship to state revenues to the tax sector in Indonesia and how according to the views of international business law and ethics related to the application of transfer pricing in a company. This research is an empirical juridical research with a descriptive analytical approach.
Islamic Governance and Inclusive Harmony: A Study of Minority Rights and Justice Javad Ahmad Mir; Iqbal Malik; Shabir Ahmad Lone
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.182

Abstract

This paper explores the complex issue of social equality in Islamic states, with special focus on the role of minority rights in building peaceful and inclusive societies. Drawing on Islamic teachings, the study examines how different identities can coexist within a single social framework while maintaining justice and harmony. It engages with the ideas of scholars such as Abdul Aziz Sachedina, Beyza Tekin, and Abdullah Saeed, who have written extensively on justice, inclusion, and minority rights in Islam. The concept of “inclusive harmony” is presented as a social balance in which minority rights are not seen as favors, but as a natural and essential part of a just society. Using legal, philosophical, and sociological perspectives, the research analyzes laws, policies, and social attitudes in Islamic countries. Insights from Abdullah Ahmed An-Na’im on Islam and the secular state further help explain the challenges and possibilities of applying Islamic principles in modern governance. Overall, the study aims to offer a balanced understanding of diversity, justice, and inclusivity in Islamic societies.
THE MYSTICAL LANDSCAPE OF TUJJAR SHARIEF: A STUDY OF ZIYARAT MAQDOOMI SAHIB Shabir Ahmad Lone; Rifat Shabir
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.183

Abstract

Ziyarat Maqdoomi Sahib, situated at Tujjar Sharief in the Sopore–Zaingeer region of north Kashmir, is one of the most respected Sufi shrines of the area. It is associated with Hazrat Sheikh Hamza Makhdoom (RA), popularly known as Maqdoomi Sahib, and reflects the strong Sufi traditions and shared cultural values of Kashmir. Since medieval times, the shrine has served not only as a place of prayer but also as a centre for spiritual learning, moral teachings, and social unity. Devotees from different parts of Kashmir visit the shrine regularly, regardless of their social or economic background. Daily prayers and annual religious gatherings highlight the living Sufi spirit of humility, devotion, and compassion. The calm natural surroundings and simple architecture add to its peaceful and spiritual environment. Culturally and socially, the shrine has helped preserve local traditions, oral stories, and devotional practices, while promoting communal harmony. Today, it also holds potential for pilgrimage and cultural tourism if developed carefully, ensuring that its spiritual character is protected. This paper examines the historical background and legacy of Ziyarat Maqdoomi sahib, a famous shrine in the Tujjar Sharief Zaingeer, Sopore Baramulla District of Kashmir Valley.
IMPLEMENTATION OF RISK-BASED BUSINESS LICENSING REGULATIONS FOR MSMES IN INDONESIA Lenny Mutiara Ambarita
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.185

Abstract

This study discusses the implementation of risk-based business licensing regulations for Micro, Small, and Medium Enterprises (MSMEs) in Indonesia through the Online Single Submission Risk-Based Approach (OSS-RBA) system. This policy is part of the business licensing reform aimed at simplifying procedures, increasing business formality, and strengthening MSME competitiveness. The research method used is a descriptive qualitative approach with data collection techniques through literature studies, policy documentation, and analysis of various relevant official sources. The results show that risk-based licensing provides significant convenience for MSMEs, especially in the issuance of Business Identification Numbers (NIB) for low-risk businesses. However, the implementation of the policy still faces several obstacles, such as low digital literacy among MSMEs, limited internet access, difficulties in selecting KBLI (Indonesian Business Identification Number), minimal socialization, and technical constraints in the OSS-RBA system. The central and regional governments have an important role in supporting the success of implementation through system improvements, mentoring, socialization, and strengthening licensing services at the regional level. This study concludes that the effectiveness of the policy is quite visible in increasing the formality of MSMEs, but still requires further policy support so that the benefits of business legality have an impact on the sustainable development of MSMEs.
LEGAL PROGRESSIVENESS TOWARDS THE RIGHTS OF VICTIMS OF SEXUAL VIOLENCE Febi Karina; Nurini Aprilianda; Lucky Endrawati
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.187

Abstract

Legal protection for victims of sexual violence is a crucial element in a modern criminal justice system focused on substantive justice and victim recovery. Law Number 12 of 2022 concerning Sexual Violence Crimes has introduced the strengthening of victims' rights through restitution mechanisms and the Victim Assistance Fund as a form of accountability for perpetrators and the state. However, in criminal justice practice, problems persist when requests for restitution are not submitted by investigators or public prosecutors, thus limiting judges' ability to fulfill victims' rights. This study aims to analyze the rights and authorities of law enforcement officers in submitting restitution requests and to examine the mechanisms and procedural law for fulfilling victims' restitution rights that are not submitted in court. The research method used is normative legal research with a statutory and conceptual approach. The results show that although the normative framework for restitution is regulated in the TPKS Law and Government Regulation Number 29 of 2025, the procedural law is still not comprehensive. However, Supreme Court Regulation Number 1 of 2022 provides space for an active and progressive role for judges in ensuring the fulfillment of victims' restitution rights. This research emphasizes the urgency of harmonizing regulations and strengthening the role of the state in the recovery of victims of sexual violence.
SANCTIONS ON MUZAKKI IN THE COMPILATION OF SHARIA ECONOMIC LAW IN THE REVIEW OF MAQASHID SYARIAH JASSER AUDA Dzaky Adam Thamrin; Nur Chanifah; Siti Rohmah
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 1 (2026): March
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v4i1.191

Abstract

This research is based on the existence of Article 684 of the Supreme Court Regulation (Perma) Number 2 of 2008 concerning the Compilation of Sharia Economic Law (KHES) which regulates sanctions for muzakki who do not pay zakat, this provision is not implemented in practice. This condition indicates the incompleteness of the regulation of zakat sanctions resulting in its implementation in Indonesia tending to be understood as a voluntary moral obligation. This phenomenon is reviewed using the framework of the six elements of maqashid sharia proposed by Jasser Auda, namely cognitions, holism, openness and self-renewal, interrelated hierarchy, multi-dimensionality, and purposefulness which are the measures of benefit in Islamic law. The aim is to reveal the problems that exist in the regulation of sanctions for muzakki in Article 684 KHES so that the regulation is not implemented. The method used in this normative legal research is a statutory approach and analyzed descriptively analytically. The results of this study indicate that there are deficiencies in the rules of sanctions for muzakki who do not pay zakat in Article 684 of the KHES, so that the article cannot be implemented. Among them are the inconsistency of norms with fiqh, unfair imposition of sanctions, traditions of how to pay zakat which are factors in the inability of sanctions to be implemented, incomplete formal legal rules in enforcing zakat sanctions, inconsistencies with existing legal realities, ambiguity in the composition of articles which causes confusion in interpreting articles, as well as the non-recognition of KHES sanctions in the hierarchy of laws and regulations, and the unavailability of adequate formal law to realize the benefit.

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