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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 316 Documents
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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: 10.5281/zenodo.21212054

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.
From Fields to Festivities: Understanding the Cultural Essence of Pongal Dr. Shabir Ahmad Lone; Dr. Eugenia Vanina; Dr. Kulatunga Mudiyanselage Rohitha Dasanayaka; Dr. Alemayehu Erkihun Engida; Dr. Rawnaq Ara Parvin; Dr. R. Abida Begum; Dr. Javad Ahmad Mir; Dr. B. Sheela
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: 10.5281/zenodo.21215236

Abstract

Pongal is one of the most significant harvest festivals of South India, deeply rooted in agrarian life, cultural traditions, and spiritual gratitude. Celebrated mainly in Tamil Nadu, the festival marks the end of the harvest season and expresses thankfulness to nature, the Sun God, cattle, and the land that sustains life. This study explores the cultural essence of Pongal by tracing its journey from agricultural fields to vibrant festive rituals. The preparation of Pongal rice, community gatherings, traditional music, kolam designs, and cattle worship reflect a close relationship between humans and nature. Beyond its agricultural importance, Pongal serves as a symbol of social unity, shared labor, and collective joy, strengthening bonds within families and communities. The festival also highlights values of simplicity, sustainability, and respect for natural resources. By examining Pongal as both a cultural and social event, the study reveals how this harvest celebration continues to preserve South India’s cultural identity while adapting to modern social contexts.
UNFAIR BUSINESS PRACTICES TOWARDS CONSUMERS IN THE DIGITAL ERA: BETWEEN REGULATION AND REALITY Imelda Mardayanti
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

Abstract

The digital era has radically transformed the business landscape, creating an ecosystem that offers unprecedented transactional convenience alongside structural vulnerabilities for consumers. This journal critically analyzes the discrepancy between existing regulatory frameworks and the rapidly evolving reality of unfair business practices in Indonesia's digital space. Employing normative legal research methods and a critical approach, this study conducts horizontal and in-depth examinations of various forms of exploitative practices, including dark patterns, algorithmic bias, personalized dynamic pricing, review manipulation, and systematic violations of personal data. The research findings reveal that despite Indonesia's legal foundations such as Law Number 8 of 1999 concerning Consumer Protection, Law Number 19 of 2016 concerning Electronic Information and Transactions, and Law Number 27 of 2022 concerning Personal Data Protection, significant implementation gaps persist. Structural barriers include the pace of technological innovation outpacing legislative responses, information and technological asymmetry between businesses and regulators, technical difficulties in gathering evidence, low consumer digital literacy, and fragmentation among law enforcement institutions. This journal concludes that a more adaptive and proactive digital consumer protection paradigm is necessary. The proposed policy recommendations include: (1) more responsive and specific regulatory reform through the issuance of implementing technical regulations; (2) strengthening institutional capacity and inter-authority synergy through establishing integrated task forces; (3) consumer empowerment through digital literacy education and developing online dispute resolution (ODR) mechanisms; and (4) encouraging self-regulation and ethics by design principles among businesses. These findings contribute to the academic discourse on consumer law in the digital age and provide policymakers with a roadmap to bridge the gap between regulation and reality.
THE PARADOX OF CHILD SENTENCING IN MURDER CASES: CRITIQUING THE 'BEST INTERESTS OF THE CHILD' PRINCIPLE IN INDONESIAN COURTS. Denny Ardian Priambodo; Nurini Aprilianda; Milda Istiqomah
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: 10.5281/zenodo.21157721

Abstract

Criminal offenses are no longer committed only by adults, but also by children, along with the development of technology and social dynamics. Indonesia, through Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, provides protection for children in conflict with the law. However, in practice there are still court decisions considered not to have fully applied the principle of the best interests of the child, such as the decision of the Penajam District Court imposing a 20-year sentence and the Lamongan District Court imposing an 11-year sentence. This research is a normative juridical study using a statutory and conceptual approach through library research. The results show that: (1) judges’ considerations are based on both juridical and non-juridical aspects; (2) the application of the best interests of the child principle has not been consistent and has not been fully oriented toward social reintegration; (3) sentencing that is not in accordance with the provisions of the Juvenile Criminal Justice System Law has the potential to damage the child’s future and hinder the fulfillment of the child’s rights, in line with Arif Gosita’s concept of child protection. By examining these two decisions, it becomes important to emphasize that it is recommended to optimize restorative justice, improve the quality of guidance and rehabilitation in Juvenile Development Institutions and Correctional Centers, and strengthen inter-agency collaboration, including the active involvement of child psychologists in court proceedings.
A Study Of Transcultural Convergence: The Influence Of North Indian Traditions On Tamil Nadu Balasubramani. S
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: 10.5281/zenodo.21213760

Abstract

The impact of North Indian traditions on the history of Tamil Nadu is a complex and multifaceted phenomenon that has evolved over centuries. It can be observed in various aspects of Tamil Nadu's culture, society, religion, and politics. The impact of North Indian traditions on Tamil Nadu's religious landscape is significant. The introduction of Hinduism and its various sects, including Shaivism, Vaishnavism, and Shakta traditions, has been influenced by North Indian religious practices and philosophies. Various North Indian dynasties, including the Cholas, Pallavas, and Chalukyas, played significant roles in the history of Tamil Nadu. The interactions and conflicts with North Indian rulers influenced the politics, administration, and culture of Tamil Nadu. Trade and commerce between North India and Tamil Nadu have led to cultural exchanges, the movement of people, and the spread of ideas, further influencing the region's history.
University Libraries in Research and Innovation: An Analytical Review Mr. Jagtar Singh; Dr. Manjeet Kaur
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: 10.5281/zenodo.21155697

Abstract

A paradigm shift is taking place in which the role of libraries at universities is changing towards being more than mere guardians of information and becomes more of a participant in the research and innovation process. In a digital scholarly age, with data heavy research and open science, libraries are crucial in underpinning the entire research pathway and developing an ecosystem of innovation in universities. This paper contains a more thorough review and study of the changing role of university libraries in the supporting research and innovation process. The study is based on a rich amount of global literature, policy frameworks, and best practices and explores the role of the library in contributing to research productivity, scholarly communication, research data management, interdisciplinary collaboration, and knowledge dissemination of innovation. The paper also recognises structural, financial, and professional issues that affect university libraries and gives future plans of how they can enhance their place in institutional research and innovation agenda. The review states that the re-branding of university libraries as active research and innovation partners is the key to improving the quality of academics, international presence, and influence on society.
Dr.J. Jayalalitha Excellence Leadership Quality: Shaping Regional and National Politics in India—A Comprehensive Study. E. Kaviyarasu; Shabir Ahmad Lone; S. Navaneethakrishnan
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: 10.5281/zenodo.21212479

Abstract

Dr.J.Jayalaitha, a prominent political leader in Tamil Nadu, is widely recognized for her transformative leadership and the significant impact of her welfare schemes, which aimed to improve the lives of her constituents. Notable initiatives, such as Amma Unavagam (low-cost canteens), the establishment of special police stations for women, and Amma Pharmacies offering affordable medicines, reflect her unwavering commitment to social welfare. This historical and descriptive article study examines the historic events and political success of Dr.J.Jayalaitha, focusing on the social welfare schemes she introduced. The paper assesses her leadership qualities through the lens of established leadership theories, demonstrating that her leadership was not only effective but transformative. The analysis also explores why the people of Tamil Nadu affectionately referred to Dr.J.Jayalaitha a as "Amma," a term meaning "mother," signifying her deep connection to the people and her role as a great leader.
UNDERSTANDING THE CHAK PERIOD IN THE HISTORY OF KASHMIR Dr. Shabir Ahmad Lone; Dr. Nusratul -Islam Itoo; Dr. R. Abida Begum; Dr. B. Sheela
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21447473

Abstract

Inspired by Marcus Garvey’s assertion that a people without knowledge of their past resemble a tree without roots, this study undertakes an exploration of the historical traditions of Kashmir, Jammu, and other regions associated with the Chak dynasty. For the inhabitants of Jammu and Kashmir, engagement with regional history is indispensable, as it forms the foundation of cultural awareness and identity. This work seeks to interpret the legacy of the Chak rulers within the broader historical narrative of Kashmir, often described metaphorically as an “ocean in a pot.” History, rather than ending, continually re-emerges, reflecting both human progress and regression. From prehistory—understood as the period before written records—to documented events, history encompasses the processes of recollection, collection, organization, and interpretation. Kashmir, popularly known as “heaven on earth,” has long attracted political ambition, a sentiment echoed in a Persian couplet attributed to Amir Khusrau. Following the establishment of Muslim rule in 1339 CE, the Chak dynasty governed Kashmir between 1561 and 1586. Despite limited treaty records, their administration largely preserved and strengthened existing institutions. This study examines the enduring political and administrative legacy of the Chak dynasty in Kashmir.
IMPLEMENTATION OF HALO CAPIL SERVICES IN POPULATION ADMINISTRATION SERVICES IN PADANG LAWAS REGENCY Yulia Rahmadani Hrp; Ti Aisyah; Risna Dewi; Muhammad Hasyem
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: 10.5281/zenodo.21134267

Abstract

Population services are crucial public services because they directly relate to the provision of citizens' civil rights. In an effort to improve the quality and effectiveness of services, the Population and Civil Registration Office of Padang Lawas Regency has launched the Halo Capil Service as a technology-based service innovation through the WhatsApp application. This service provides easy access to information and facilitates the submission of population documents such as Family Cards and birth certificates. However, its implementation has not been optimal, mainly due to a lack of clear information and minimal socialization, resulting in rural communities lacking understanding of the service's purpose and benefits. This study aims to describe the implementation of the Halo Capil Service in population services in Padang Lawas Regency. The research method used is descriptive qualitative with data collection techniques through interviews, observation, and documentation. The research analysis refers to the Edward III policy implementation model, which includes aspects of communication, resources, disposition, and bureaucratic structure. The results show that service implementation has not been optimal due to limited human resources, network constraints, and a lack of socialization and infrastructure support.
CRIMINAL LEGAL RESPONSIBILITY FOR THE USE OF NURSING PERSONNEL IN ANESTHESIA SERVICES: A LEGAL ANALYSIS FROM THE PERSPECTIVE OF LAW NUMBER 17 OF 2023 CONCERNING HEALTH Bahrun Sihotang; Moh. Lubsi Tuqo Romadhan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21534336

Abstract

The use of nursing staff in anesthesia services has become a common practice in various Indonesian healthcare facilities. However, the arrangement of authority between "Nurse Anesthesiologist" and "Anesthesia Administrator" creates legal ambiguity that has the potential to lead to criminal liability in the event of malpractice. The purpose of this study is to analyze the construction of criminal liability for nurses and healthcare institutions in anesthesia services based on Law No. 17/2023 and to examine the limits of clinical authority that form the basis of such liability. The research method used is a normative juridical method with a statutory and conceptual approach. Analysis was conducted on related sectoral regulations and court decisions. The results of the study show that Law No. 17/2023 provides a clear legal basis regarding the obligations, authority, and criminal sanctions for nursing staff in anesthesia services. Negligence in anesthesia practice is a form of legal error that can give rise to criminal liability. Criminal liability is personal in nature, but under certain conditions it can be extended to healthcare institutions. The integration between Law No. 17/2023 emphasizes the importance of professional, safe and effective health service management obey the law. The implications of the research results are that Law No. 17/2023 have provided a strong legal basis in regulating the practice of nursing personnel in anesthesia services, so that any negligence committed must be in accordance with the established authority. Negligence in anesthesia practice is not only seen as a professional error, but also as an unlawful act that can give rise to criminal liability both individually and under certain conditions on a procedural basis.

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