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Contact Name
Rico Nur Ilham
Contact Email
radjapublika@gmail.com
Phone
+6281238426727
Journal Mail Official
radjapublika@gmail.com
Editorial Address
Jl. Cempaka Putih, Sp. Tiga Blang Rayeuk, Dsn. Angsana, Kelurahan Hagu Barat Laut, Kec. Banda Sakti, Lhokseumawe, Provinsi Aceh, 24315
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Kota lhokseumawe,
Aceh
INDONESIA
Journal of International Islamic Law, Human Right and Public Policy
ISSN : -     EISSN : 30312280     DOI : https://doi.org/10.59733/jishup
Core Subject : Religion, Social,
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
REFORMULATION OF TAX AND CYBER LAW: TOWARDS INTELLECTUAL PROPERTY-FRIENDLY DIGITAL TRANSACTION OVERSIGHT Irwansyah Tanjung; Misnan Al-Jawi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21731374

Abstract

This study analyzes the legal tension between data extraction authority within digital tax oversight in Indonesia and taxpayers' rights to trade secret protection. The implementation of the Core Tax Administration System (Coretax) and the Artificial Intelligence Compliance System (AICEco) proses risks of disclosing technological data and internal corporate financial information due to the absence of comprehensive technical regulations. Employing a normative legal research method coupled with a comparative approach, this study examines the tax and cyber legal frameworks in the United States, Germany, and Australia. The findings indicate that regulations in Indonesia lack integration regarding digital evidence management compared to the United States, which implements protective orders, and Germany, which aligns fiscal audits with the boundaries of the General Data Protection Regulation (GDPR). This study recommends the reformulation of national tax policy, encompassing the institutionalization of the Tax Control Framework (TCF), the adoption of protective order provisions within tax court procedural law, encryption standardization in third-party partnership system sandboxing, and the optimization of the dominus litis principle by the Public Prosecution Service to guarantee legal certainty and the protection of taxpayers' intellectual property rights.
CONSTITUTIONAL INTERPRETATION: THE CONSTITUTIONAL COURT'S PARADIGM SHIFT IN THE JUDICIAL REVIEW OF PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDACY THRESHOLD NORMS IN INDONESIA Ekho Pratama; Slamet Suhartono; Miftahul Munir
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21737760

Abstract

The presidential threshold provision under Article 222 of Law No. 7 of 2017 on General Elections has generated prolonged debate concerning the inclusivity of electoral competition and the integrity of the presidential system. For over a decade, the Constitutional Court consistently upheld this norm as an open legal policy of the legislature. However, a fundamental shift occurred through Decision No. 62/PUU-XXII/2024, which declared the provision unconstitutional. This study analyzes the structure of the Constitutional Court's legal arguments in its prior jurisprudence and examines the legal rationale underlying the paradigm shift in this recent decision. This is a normative legal study employing statutory, case, and conceptual approaches. The findings indicate that the earlier jurisprudence relied on judicial restraint to maintain government stability and promote the simplification of the political party system. In contrast, Decision No. 62/PUU-XXII/2024 applies the doctrine of responsive judicial review, emphasizing substantive justice, the restoration of popular sovereignty, equality among political parties participating in the current general election, and the determination of the framers' original intent. The invalidation of this norm creates a technical legal vacuum, requiring the legislature to restructure the regulatory framework through new constitutional engineering for the 2029 General Election. This restructuring must combine the guarantee of inclusive rights—free from percentage thresholds—with a mandatory nomination mechanism to preserve stable and democratic electoral management.
THE APPLICATION OF RESTORATIVE JUSTICE IN RESOLVING MINOR ASSAULT CRIMES WITHIN THE JURISDICTION OF THE SUKOHARJO POLICE Hernanda Fatchurrohman; Ariy Khaerudin; Yulian Dwi Nurwanti
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.21525732

Abstract

The application of restorative justice in resolving minor assault offenses is a law enforcement effort that prioritizes peace, accountability, and the restoration of social relations in the community. This study aims to analyze the implementation of restorative justice in resolving minor assault offenses within the jurisdiction of the Sukoharjo Police and to examine the effectiveness of its practice. The research applies an empirical legal method with a sociological-juridical approach through statutory review, literature study, police statistical data, and field-oriented analysis. The findings show that restorative justice at the Sukoharjo Police has been implemented relatively effectively, as reflected in the tendency toward case settlement through peace mechanisms and the reduction of prolonged conflict between victims and offenders. Restorative settlement provides faster legal certainty, supports direct recovery for victims, and creates more harmonious relations between the parties. Nevertheless, implementation still faces several obstacles, including limited public understanding of restorative justice and the need to strengthen mediation skills among police officers. Therefore, broader public outreach, improved professionalism of investigators, and stronger supervision over peace agreements are required to ensure that restorative justice is carried out transparently, objectively, and fairly.
ABUSE OF AUTHORITY IN GRANTING RELIEF ON MANAGEMENT RIGHTS LEVY (CASE STUDY OF CORRUPTION CRIMINAL ACTS IN SINGKAWANG CITY) Riyan; Femmy Silaswaty Faried; Muhammad Aziz Zaelani
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.21723405

Abstract

This study analyzes the abuse of authority in granting concessions on Management Rights (Hak Management/HPL) fees and identifies the factors causing deviations in the corruption case in Singkawang City. The research uses an empirical legal method supported by a normative approach through statutory, conceptual, and case-based analysis. Data were obtained from legislation, legal literature, case documents, media reports, and relevant institutional information. The results show that fee concessions may be legally justified when they are based on clear authority, objective parameters, written procedures, and accountable supervision. However, discretion becomes problematic when it is used without measurable standards, when the administrative process is incomplete, and when the decision reduces regional revenue or benefits for certain private parties. In the Singkawang case, the granting of a substantial reduction in HPL fees and the elimination of administrative penalties indicates the importance of distinguishing administrative error from corruption. The main causal factors include weak internal supervision, unclear limits on discretion, low transparency in regional asset management, weak compliance with legislation, and potential conflicts of interest. Strengthening preventive supervision, written technical guidelines, transparent documentation, and proportional law enforcement are therefore necessary to protect regional finances and support good governance.
PROTECTION OF DIGITAL PRIVACY RIGHTS AS A HUMAN RIGHT AGAINST PERSONAL DATA MISUSE IN INDONESIA Faisal Fachri; Ariy Khaerudin; Nourma Dewi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21853686

Abstract

The rapid development of information technology and internet usage has increased the risk of misuse of personal information in the digital space, in the form of data theft, dissemination, and utilization. This study aims to determine the form of protection of the right to privacy as a human right against misuse of personal data in Indonesia based on the Personal Data Protection Law. Using normative legal research with a legislative approach and a conceptual approach, the study results show that the Personal Data Protection Law has provided a legal basis for the rights of personal data subjects, the obligations of data controllers, and administrative and criminal sanctions for personal data violations. However, the implementation of the Personal Data Protection Law still faces various obstacles, such as low public awareness, weak supervision, and the persistently high number of personal data leaks. Therefore, it is necessary to strengthen supervision, law enforcement, and improve the digital literacy of the public to realize effective personal data protection in Indonesia.
A CONSTITUTIONAL-ETHICAL STUDY OF THE INDONESIAN CONSTITUTIONAL COURT DECISION NUMBER 62/PUU-XXII/2024 ON THE CONSTITUTIONALITY REVIEW OF THE PRESIDENTIAL THRESHOLD Cyrilius W.T. Lamataro; Vergilius Septyanto Lamabelawa; Jenny Ermalinda; Chatryen Megawati Dju Bire; Adhe Ismail Ananda
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21736827

Abstract

The Indonesian Constitutional Court Decision Number 62/PUU-XXII/2024 was not the first attempt by petitioners to challenge the constitutionality of the presidential threshold. From 2004 to 2023, the Court had examined at least 46 cases concerning the presidential threshold, most of which were declared inadmissible, rejected, partially granted, or withdrawn by the petitioners. This raises an important question: what considerations led the Court to change its constitutional stance on the presidential threshold? This study aims to examine the ratio decidendi of Constitutional Court Decision Number 62/PUU-XXII/2024 and to analyze its ethical-constitutional dimensions. This research employs normative legal research methods using statutory, case, and conceptual approaches. The findings show, first, that the ratio decidendi of the decision rests on the protection of the constitutional rights of political parties participating in elections, the guarantee of citizens’ political rights to vote and to be elected, and the purification of presidentialism through the strengthening of the checks and balances system in Indonesia. Second, the Court reconstructed its constitutional reasoning on the presidential threshold by taking into account the moral principles embedded in the Constitution. Its considerations regarding the political rights of citizens and political parties, as well as the logical fallacies underlying the presidential threshold, indicate that eliminating the threshold may strengthen rather than weaken Indonesia’s presidential system.
Rise Of Islam In Kashmir Valley Shabir Ahmad Lone; Mohammad Ishaq Lone
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.21483929

Abstract

Kashmiri Muslims are ethnic Kashmiris who practice Islam and are native to the Kashmir Valley in Indian-administered Kashmir.Sunni Muslims represent almost all of Kashmiri Muslims. They call themselves "Koshur" in their own tongue. The Kashmir Valley was converted to Islam in large numbers in the fourteenth century. Mir Sayyid Ali Hamadani, a Persian Sufi mystic from Hamedan in western Iran, spurred this by reaching Kashmir three times in the 1370s and 1380s with hundreds of pupils, many of whom settled in Kashmir. Invasion of Islam began in the 12th and 13th centuries. The first Quran in Kashmir was calligraphed in 1237 AD by Fateh Ullah Kashmiri, who is understood to have been an Islamic scholar in Kashmir at the time. Bulbul Shah, also known as Syed Sharaf-ud-Din Abdur Rahman Suhrawardi, was the first Muslim missionary to set foot in Kashmir. The current essay emphasizes the expansion of Islam in Kashmir Valley and the significance of renowned Islamic scholars who spread its teachings there.
Social Status Of Women In Kashmir Valley Shabir Ahmad Lone; Dr. E. Ravi
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.5281/zenodo.21853511

Abstract

Life patterns in Kashmir, particularly women's cosmologies, have been shaped by geopolitical, historical, religious, and socioeconomic influences. Women have endured a torturous, protracted journey through many phases, experiencing a range of highs and lows. Women are exalted in historical accounts that date all the way back to the 13th century A.D. In ancient periods, several queens served as independent sovereigns, queen-regents, or military leaders. However, a detailed examination of these narratives reveals the inherent prejudices and discrimination against women in the prehistoric social system. There is no way to defend them or even consider them honourable. This paper makes a modest attempt to examine the social status of women in the past as well as in the present .In the past, women were treated with decency and respect. During this time, there were female rishis who were well-respected. In royal homes, women were respected and had a significant influence on administrative and decision-making processes. They had a solid education across the board and were active in politics. There is no indication of women being hidden or covered up in Kashmir, and she goes around freely, mirroring the glittering, free-flowing waters of her nation's springs. By this period, women had transitioned from the domestic to the political sphere .in the present era women are showing remarkable performance in every aspect and are contributing very much towards the development of the society.
THE ROLE OF EARLY MORNING WORSHIP IN DEVELOPING SPIRITUAL INTELLIGENCE AMONG THIRD-YEAR FEMALE STUDENTS AT AKPER BETHESDA SERUKAM Noldy Gosal
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.20930450

Abstract

Spiritual intelligence refers to an individual's ability to understand the meaning of life, cultivate a relationship with God, and apply moral values in everyday conduct. Bible reading as a component of early morning worship is believed to support students' spiritual development. This study aimed to explore the role of Bible reading during early morning worship in enhancing the spiritual intelligence of Class XXI students residing at the Women's Dormitory of Akper Bethesda Serukam. A qualitative research design with a descriptive phenomenological approach was employed. Six participants were selected through purposive sampling. Data were gathered via in-depth interviews and analyzed using the Colaizzi method. Four main themes emerged from the findings: (1) Bible reading during early morning worship strengthens students' spirituality; (2) Bible reading shapes positive character; (3) laziness and excessive smartphone use constitute major barriers to Bible reading; and (4) Bible reading encourages attitudes of love, forgiveness, and prayer for others. The results indicate that regular Bible reading positively contributes to spiritual intelligence through faith growth, character transformation, and the strengthening of social relationships. It is concluded that Bible reading during early morning worship plays a significant role in fostering students' spiritual intelligence. Accordingly, spiritual formation programs should be continually developed to sustain and enhance students' spiritual growth.
Effect of Suryanamaskar Practice on Selected Physical Fitness Variables Among Male District-Level Volleyball Players of Kashmir Towheed Ahmad Wagay; Dr. Chanderkant Dhiman
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.21722933

Abstract

The purpose of the present study was to examine the effect of Suryanamaskar practice on selected physical fitness variables among male district-level (Bandipora) volleyball players of Kashmir. Fifteen male volleyball players aged between 15 and 20 years were selected through simple random sampling. The study employed a single-group pre-test and post-test research design. The selected participants underwent a structured Suryanamaskar training programme for six weeks, five days per week, with each session lasting 30–45 minutes. The dependent variables selected for the study were speed, agility, and flexibility. Speed was measured using the 50-Meter Dash Test, agility through the Shuttle Run Test, and flexibility through the Sit-and-Reach Test. Descriptive statistics, including mean and standard deviation, were computed, while a dependent-samples t-test was used to determine the significance of differences between pre-test and post-test scores at the 0.05 level of significance. The results revealed a significant improvement in agility (t = 3.25, p < 0.05) and flexibility (t = 7.95, p < 0.05) following the Suryanamaskar intervention. However, the improvement in speed was not statistically significant (t = 0.46, p > 0.05). The findings indicate that regular Suryanamaskar practice effectively enhances agility and flexibility among volleyball players but has limited influence on speed performance. Therefore, Suryanamaskar may be incorporated as a supplementary training modality in volleyball conditioning programmes to improve selected components of physical fitness. The study concludes that traditional yogic practices can serve as cost-effective and scientifically supported methods for enhancing athletic performance and physical fitness.