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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 148 Documents
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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.
LEGAL ENTITIES IN CORPORATE CRIME AND ITS IMPLICATIONS FOR LEGAL CERTAINTY: A STUDY OF LAW ENFORCEMENT AGAINST BUSINESS ENTITIES Fadlan
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 3 (2025): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i3.184

Abstract

The abuse of legal personality in corporate crime has become an increasingly complex phenomenon in line with the development of the business sector and modern corporate structures. Legal entities, which are fundamentally established to facilitate economic activities and provide legal certainty, are in practice often misused as instruments to evade legal liability, whether through engineered business structures, artificial separation of assets, or the shifting of responsibility to specific individuals. Such conditions give rise to serious problems concerning legal certainty, particularly in the enforcement of law against business entities as subjects of law. This study aims to analyze the forms of abuse of legal personality in corporate crime and their implications for legal certainty within the law enforcement system in Indonesia. The research employs a normative legal research method with a statutory approach and a conceptual approach, supported by an examination of court decisions related to the enforcement of law against business entities. The data are analyzed qualitatively to assess the consistency in the application of the principles of corporate liability and the effectiveness of the sanctions imposed. The findings indicate that the abuse of legal personality in corporate crime remains difficult to address optimally due to weak interpretations of the concept of corporate liability and a law enforcement tendency that focuses primarily on individual perpetrators. This condition results in low legal certainty and the failure to achieve the objectives of justice and deterrence for corporations. Therefore, it is necessary to strengthen law enforcement through progressive legal interpretation, the application of the piercing the corporate veil principle, and the harmonization of regulations on corporate liability in order to ensure legal certainty and corporate accountability.
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.
TIME, PALS!; AN APPLICATION-BASED TOOL TO REDUCE ACADEMIC PROCRASTINATION AMONG LEARNERS. Raisha Anindra Raza; Indah Nuriman
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i4.186

Abstract

  Education is very important in shaping the quality of reliable Human Resources Development (HRD) who are ready to face future challenges. However, students often experience difficulties in managing their time, which can cause procrastination, a problem that hampers productivity and academic performance. Procrastination can increase stress levels and have a negative impact on academic achievement, with delayed tasks often completed with unsatisfactory results. With technological advances, mobile applications for time management such as 'Time, Pals!' offer a potential solution through features like a time table, to-do list, and school schedule that are designed using Python, Editor/IDE, and PostgreSQL. This application is designed and is hoped to help in organizing the tasks of students and it is hoped that with the existence of this application, students can reduce procrastination.
THE ROLE OF STATE ADMINISTRATIVE COURTS IN ENSURE PROTECTION OF CITIZENS' RIGHTS Agus Siagian
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 4 (2025): December
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59733/jishup.v3i4.189

Abstract

Study This aim For analyze role State Administrative Court (PTUN) in ensure protection right citizens towards​ decision administration government . Research This use approach law normative with method descriptive analytical , through studies literature from regulation legislation , PTUN decisions , and literature scientific latest (2020–2025). Research results show that the PTUN has function strategic as institution supervisor administration government that guarantees certainty law , justice , and accountability decision administration . PTUN handles various type dispute administration , starting from decision giving permits , sanctions administrative , up to policy public that impacts rights​ citizens . The effectiveness of the PTUN is influenced by several factors like certainty law , competence of judges, accessibility citizens , transparency institutions , mechanisms implementation decisions and support system administration government . Strategy for improving The role of the PTUN includes improvement literacy law community , transparency of court processes , training apparatus , as well as strengthening coordination with agency related . Research This confirm that the PTUN is not just a resolution forum dispute administrative , but also an instrument preventive measures that encourage good governance and protection right citizens in general effective .
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.

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