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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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DIGITAL CARTEL IN THE FINTECH P2P LENDING INDUSTRY: Review of KPPU Decision Number 05/KPPU-I/2025 and the Sufficiency of Article 5 of Law No. 5 of 1999 Sulung Nugroho; Setiyo Utomo; Deny Slamet Pribadi
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.21723880

Abstract

The digital economic transformation has driven the rapid growth of the peer-to-peer (P2P) lending fintech industry in Indonesia. However, alongside this growth, price-fixing coordination practices have emerged through the self-regulation mechanisms of industry associations, potentially violating competition law. This study examines the Business Competition Supervisory Commission (KPPU) Decision Number 05/KPPU-I/2025, which imposed sanctions on 97 P2P lending fintech companies for engaging in an interest rate-fixing cartel through the code of conduct of the Indonesian Joint Funding Fintech Association (AFPI). This research aims to construct these interest rate-fixing practices as a form of digital cartel and to assess the adequacy of Article 5 of Law Number 5 of 1999 in addressing digital cartel practices. This study employs normative legal research using a statutory approach and a case approach. The legal materials consist of primary legal sources, namely Law No. 5 of 1999 and KPPU Decision No. 05/KPPU-I/2025, as well as secondary legal sources including books, journals, articles, and antitrust doctrines. The analysis techniques applied are interpretive and argumentative, using legal reasoning. The results indicate that the interest rate-fixing practice through AFPI's self-regulation mechanism can be constructed as a digital cartel. This is because the association's code of conduct serves as a medium for price coordination among competitors, the interest rate ceiling aligns price expectations and strategies resulting in behavioral alignment, and the state action doctrine defense is applicable due to the absence of explicit delegation of authority and active state supervision. Furthermore, this study finds that Article 5 of Law No. 5 of 1999 has limitations in reaching digital cartel practices, particularly regarding the evidence of the "agreement" element, which is traditionally difficult to establish in coordination mediated by associations and self-regulation. Consequently, a reinterpretation of the price-fixing concept and a more adaptive legal reform tailored to digital market characteristics are required, including regulations concerning algorithmic collusion and the role of industry associations in price coordination.
THE DYNAMICS OF IMPLEMENTING THE SMALLHOLDER OIL PALM REPLANTING PROGRAM IN WEST PASAMAN REGENCY Annisa Zara; Rahmadani Yusran
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.21458326

Abstract

The Smallholder Oil Palm Replanting Program (PSR) in West Pasaman Regency is implemented amid a high demand for replanting aging smallholder oil palm plantations. However, from 2018 to 2024, the realization program accounted for only approximately 2% of the area's total smallholder plantation potential. This gap indicates that support for the program has not been fully translated into implementation achievement. This study aims to analyze the dynamics of PSR implementation in West Pasaman Regency. A qualitative descriptive approach was employed, with data collected through in-depth interviews and document analysis. Informants were purposively selected based on their involvement in program implementation and included local government officials, program facilitators, farmer group administrators, and farmers. The data were analyzed thematically and interpreted through Hill and Hupe's policy implementation perspective. The findings show that farmers' high demand for replanting, the dissemination of program information through multiple actors, and government financial support have generated strong acceptance of the program. Nevertheless, land legality issues, disparities in the institutional capacity of farmer groups, and repeated document revisions within a multi-level verification mechanism constrain farmers' ability to access the program. This study argues that policy support is a necessary but insufficient condition for implementation achievement when administrative frictions and institutional capacity gaps impede the process of translating policy acceptance into actual access to the program.
ENVIRONMENTAL SUPERVISION IN PALM OIL INDUSTRY WASTE MANAGEMENT IN PELALAWAN REGENCY Nahrin Zakiyah; Rahmadani Yusran
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.21465995

Abstract

Environmental monitoring is a crucial instrument for ensuring industrial compliance with waste management, particularly in areas with high palm oil industry activity. This study aims to analyze environmental monitoring in palm oil industrial waste management in Pelalawan Regency. The study employed a descriptive qualitative approach involving twelve informants from the Pelalawan Regency Environmental Agency, palm oil companies, and communities surrounding the industrial area. Data were collected through in-depth interviews and documentation, tested through source triangulation, and analyzed interactively through data reduction, data presentation, and conclusion drawing. The results indicate that environmental monitoring is implemented through a series of preventive and repressive measures that include company guidance, administrative compliance checks, land application , field inspections, public complaint handling, and corrective actions. These two forms of monitoring do not occur separately but are interconnected in the process of maintaining company compliance. This study found that the main problem with monitoring lies not primarily in the lack of instruments, but in the inconsistent interconnection between monitoring instruments. Limited inspection frequency impacts the verification and early detection functions, some community information is not yet connected to the government monitoring system, and the dominance of the coaching approach requires more consistent follow-up monitoring. This study emphasizes the importance of integrating compliance information, inspection results, corrective action history, and public complaints to strengthen ongoing environmental oversight.
LAW ENFORCEMENT AGAINST TAX AVOIDANCE BY TAXPAYERS THROUGH INFLATING BUSINESS EXPENSES IN TAX RETURNS UNDER THE CORETAX SYSTEM Daniel Budi Pratama; Femmy Silaswaty; Ismiyanto
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.21731690

Abstract

Tax avoidance practices through the manipulation of business expenses in tax returns (SPT) constitute a crucial issue in modern taxation systems, particularly with the implementation of the coretax system. Several cases in Indonesia and various court rulings demonstrate that business expense manipulations have been adjudicated as criminal acts. These include manipulation through management fee items, fictitious invoices used as tax-deductible expenses, inflated transfer pricing to affiliated companies, as well as expenses derived from sham transactions. The purpose of this research is to determine the legal enforcement against tax avoidance carried out by taxpayers by inflating business expenses in their tax returns. This study employs a normative legal research method. The results indicate that not all tax avoidance efforts conducted by taxpayers by means of inflating business expenses automatically constitute a criminal offense, provided that it is carried out in a lawful, complete, accurate, and clear manner, supported by legitimate and valid transaction evidence. Therefore, this research implies that not all tax avoidance actions involving the inflation of business expenses are invariably subject to tax criminal penalties, unless executed to the contrary or performed unlawfully and without valid and accurate transaction evidence.
MISUSE OF TAXPAYER DATA FOR PHISING SCAMS Nuradi Budi Prakoso; Hanuring Ayu; Hafid Zakaria
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.21853029

Abstract

The rapid development of Indonesia's digital taxation ecosystem has simultaneously introduced new vulnerabilities that were previously absent in conventional tax administration systems. This research examines the misuse of taxpayer data as the primary instrument in phishing schemes, a phenomenon that not only inflicts financial and psychological harm on individual victims, but also erodes public trust in tax institutions and undermines the broader success of digital government transformation. This study employs a juridical-empirical method with a descriptive-analytical character, integrating statutory and conceptual approaches. The research yields three principal findings. First, taxpayer data occupies a uniquely strategic position as information collected under legal obligation, simultaneously encompassing identity, financial, and asset data, making it a high-value target whose misuse erodes the public trust that underpins Indonesia's self-assessment taxation paradigm. Second, the misuse of taxpayer data in phishing practices occurs through five primary modes, namely counterfeit website creation, mass deceptive messaging, malicious application distribution, voice phishing, and spear phishing, all of which exploit a five-phase exploitation chain and employ psychological manipulation techniques grounded in institutional authority, artificial urgency, and data-driven personalization. Third, the effectiveness of existing regulations, including the Electronic Information and Transactions Law, Law Number 27 of 2022 on Personal Data Protection, and the General Tax Provisions Law, remains insufficient due to fragmentation of legal substance, limited institutional enforcement capacity, and low legal awareness among taxpayers. This research recommends the accelerated operationalization of the Personal Data Protection Authority, the establishment of an integrated cross-institutional phishing detection and response system, and the strengthening of international legal cooperation as integral components of a systemic and sustainable data protection strategy.
A MODEL FOR THE FUNCTIONAL HARMONIZATION OF MARKETPLACE RESPONSIBILITIES IN DIGITAL CONSUMER PROTECTION FOLLOWING THE 2024 AMENDMENTS TO THE ITE LAW Oscar Prasetyo Adhi
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.21731138

Abstract

The development of electronic commerce has positioned marketplaces as central actors in Indonesia’s digital economy. Marketplaces no longer operate merely as passive intermediaries between sellers and consumers but also function as trade facilitators, Electronic System Providers, and Personal Data Controllers. Legal issues arise because marketplace liability remains dispersed across several regulatory regimes, including the Consumer Protection Law, the Electronic Information and Transactions Law, the Personal Data Protection Law, and implementing regulations on electronic system operation and electronic commerce. This study aims to analyze the legal liability of marketplaces, identify forms of regulatory disharmony, and formulate an ideal harmonization model for digital consumer protection. This research uses normative legal methods with statutory, conceptual, and comparative approaches. The findings show that disharmony in marketplace liability occurs in four main forms: disharmony in determining the liable legal subject, the basis of liability, the scope of responsibility, and dispute resolution mechanisms. This study proposes a Functional Harmonization Model of Marketplace Liability, which allocates responsibility based on the marketplace’s functions as a trade facilitator, Electronic System Provider, and Personal Data Controller. This model is expected to strengthen legal certainty and digital consumer protection in Indonesia.
LEGAL LIABILITY OF INFLUENCERS FOR MISLEADING PRODUCT INFORMATION IN DIGITAL CONSUMER PROTECTION IN ELECTRONIC TRANSACTIONS Ratih Manggar Sari; Ariy Khaerudin; Ismiyanto
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.21737545

Abstract

The rapid growth of social media has made influencers key actors in digital marketing, significantly affecting consumer purchasing decisions. However, misleading product information, exaggerated claims, and the failure to disclose paid partnerships have raised important legal concerns and weakened consumer protection. This study analyzes the legal status of influencers as subjects of legal liability, examines their responsibility for disseminating misleading information in electronic transactions, and compares Indonesia's legal framework with those of the United States and the European Union. Using normative legal research with statutory, conceptual, and comparative approaches, the study recommends stronger regulations, clearer disclosure obligations, and enhanced legal accountability for influencers.
CHILD GROOMING CRIMINAL REGULATIONS IN THE NATIONAL CRIMINAL CODE An’nissa Sukmaningrum; Lilis Suryani; Ardiyanti Aris; Kairuddin; Muhammad Darwis
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.21458214

Abstract

The development of information technology has transformed patterns of social interaction and digital communication, leading to the emergence of various forms of sexual crimes against children, one of which is child grooming. This crime is committed through a process of approaching, psychologically manipulating, and building trust with a child for sexual exploitation. This study aims to analyze the regulation of the criminal offense of child grooming under the national Criminal Code (KUHP) and to examine the limitations of its legal framework. This research is a normative legal study employing both statutory and conceptual approaches. The legal materials used consist of primary, secondary, and tertiary sources, which are analyzed qualitatively. The findings indicate that child grooming has not yet been explicitly regulated as a distinct criminal offense under the national Criminal Code. However, in substance, it has been implicitly accommodated through Article 417, which regulates acts of giving or promising gifts, abusing authority or influence, and deceiving a child for sexual purposes. The study also finds that this regulation remains limited because Article 417 is constructed as a material offense, does not fully address the characteristics of digital-based child grooming, and fails to accommodate the process of psychological manipulation at the initial stage before sexual exploitation occurs. Therefore, a more adaptive reform of criminal law is required to provide legal certainty regarding the criminal offense of child entrustment.
PROTECTION OF THE RIGHTS OF SUSPECTS DURING THE DETENTION PROCESS BASED ON THE CRIMINAL PROCEDURE CODE Nafilah Amalia; Ardiyanti Aris; Lilis Suryani; Sunardi Purwanda; Muhammad Darwis
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.21457774

Abstract

As a nation governed by the rule of law, Indonesia has an obligation to guarantee the protection of human rights for every citizen, including those facing criminal proceedings, particularly during the detention phase, which constitutes the most intrusive form of coercion against individual liberty. This study aims to examine the regulations governing the rights of suspects during the detention process as specified in the Criminal Procedure Code and to analyze the forms of legal protection provided for these rights. This study employs a normative legal research method using both a statutory and a conceptual approach, with primary legal sources consisting of Law No. 20 of 2025 on the Criminal Procedure Code, the 1945 Constitution of the Republic of Indonesia, Law no. 48 of 2009 on Judicial Power, and the International Covenant on Civil and Political Rights. The research findings indicate that the New Criminal Procedure Code comprehensively regulates the rights of suspects in Article 142, covering the right to legal counsel from the arrest and detention stages, the right to contact family members, the right to health care, and the right to file a pretrial motion—the scope of which (both in terms of subject matter and eligible parties) has been significantly expanded—accompanied by stricter detention requirements through three cumulative conditions: objective, subjective, and formal criteria, including the mandatory appointment of a Preliminary Examination Judge. As for the forms of legal protection for the rights of suspects based on Philipus M. Hadjon's theory, they encompass two dimensions: preventive protection, realized through the mandatory appointment of a Preliminary Examination Judge, the guarantee of legal aid from the outset of the investigation, an absolute prohibition on torture as a non-derogable right, and a multi-layered oversight system through internal and external channels, as well as repressive protection realized through the strengthening of pretrial proceedings—whose scope of application has been significantly expanded—and mechanisms for compensation and rehabilitation, which are now regulated in a separate chapter. Collectively, these reflect a paradigm shift in Indonesia's criminal justice system toward one that genuinely upholds the protection of suspects' human rights.
CONSTITUTIONAL PROTECTION OF FREEDOM OF EXPRESSION IN THE DIGITAL SPACE IN CRITICISM OF THE IMPLEMENTATION OF THE CORETAX SYSTEM Purwanto; Hanuring Ayu; Ariy Khaerudin
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.21736326

Abstract

The implementation of the Coretax System as part of Indonesia's tax administration digital transformation has generated extensive public responses through digital platforms. Public criticism of this policy constitutes a form of participation protected as a constitutional right; however, its exercise often intersects with legal restrictions aimed at safeguarding public order and the rights of others. This study examines the constitutional status of freedom of expression in relation to public criticism of the Coretax System, the legal protection afforded to such expression, and the constitutional limitations governing its exercise in the digital sphere. This research employs a normative legal method using statutory, conceptual, and case approaches. Legal materials were analyzed qualitatively through the interpretation of the 1945 Constitution of the Republic of Indonesia, statutory regulations, Constitutional Court decisions, and international human rights instruments. The findings indicate that criticism of the implementation of the Coretax System constitutes constitutionally protected freedom of expression provided that it is exercised responsibly and does not infringe upon the rights of others. Restrictions on freedom of expression are constitutionally permissible only when prescribed by law, pursue legitimate objectives, and satisfy the principles of legality, necessity, and proportionality as reflected in Article 28J of the 1945 Constitution, Article 19 of the International Covenant on Civil and Political Rights (ICCPR), Constitutional Court Decision Number 50/PUU-VI/2008, and Constitutional Court Decision Number 115/PUU-XXII/2024. This study proposes constitutional parameters for distinguishing protected public criticism from expressions that may legitimately be restricted within a democratic rule of law.

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