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Rico Nur Ilham
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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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ASPECTS ACTION CRIMINAL IN ENCROACHMENT EX HGU LAND BY THE COMMUNITY Abdul Azis Manurung; Alfiandi Wisudawansyah Nasution; Syafrizal; Ismail; Sofian
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

Abstract

Encroachment land former Right to Cultivate (HGU) is problem complex laws​ Because involving aspect law criminal law​ agrarian , administration land , as well as conflict social between society , companies , and government . Research This aim For analyze aspects action criminal in control and encroachment land former HGU by the community in the Regency Asahan , North Sumatra, and identify form accountability criminal offenses that can be applied . Research use method law juridical normatively supported​ approach empirical . Data obtained through studies to regulation legislation , documents land , decision court , as well as interview with apparatus enforcer law , agency land , government areas and communities that control land former HGU. Research results show that mastery land former HGU not in a way automatic can qualified as action criminal encroachment land . Determination element criminal must based on the clarity of the rights status on land , expiry of HGU validity period , return process land to the state, the existence of right other legitimate parties , as well as element intent and action oppose law . Form action potential criminal offenses happen covering enter or control land without permit , forgery document land , destruction , threats , violence and actions obstruct implementation decision or policy government . However , the use of law criminal must done in a way carefully and placed as effort final Because part conflict sourced from ambiguity administration , inequality mastery land , and demands redistribution land by the community . Completion case need coordination between government area , office land , apparatus enforcer law , companies and society through land status verification , mediation , reform agrarian , as well as enforcement the law that provides certainty , justice and protection for all over party .
A CRIMINAL LAW REVIEW OF CYBERBULLYING AS A FORM OF DIGITAL CRIME Giannini Oktobellini Henrik; Ardiyanti Aris; Lilis Suryani; Sunardi Purwanda; Phirer
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.21656955

Abstract

This study aims to analyze the qualifications of cyberbullying as a criminal act within the digital crime family and examine the effectiveness of positive legal regulations in Indonesia in ensnaring perpetrators. The research method used is a normative one with a statute approach and a conceptual approach. The data used is secondary data sourced from primary and secondary legal materials, which are then analyzed qualitatively. The results of the study indicate that cyberbullying has fulfilled the elements of a digital crime (cybercrime) and is regulated in several regulations, particularly the Electronic Information and Transactions Law (UU ITE) and the Criminal Code (KUHP). However, law enforcement still faces normative challenges, such as the interpretation of certain articles (rubber articles) and complex digital evidence. Regulation harmonization and a more specific formulation of crimes regarding cyberbullying are needed to provide legal certainty and optimal protection for victims.
THE JUST REGULATION OF IMMATERIAL LOSSES IN SHARIA ECONOMIC DISPUTES: RECONSTRUCTION OF TA'WID BASED ON MAQASID AL-SYARI'AH Tiya Ulfa; Sukarmi; Nur Chanifah
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.21853263

Abstract

This article examines the regulation of immaterial losses in sharia economic disputes and proposes a reconstruction through maqashid al-syariah as an analytical tool. The normative basis for compensation has been recognized through the concepts of ta'wid and daman in the Compilation of Sharia Economic Law (KHES) and the DSN-MUI fatwa, but this formulation stops at the principle and interprets "real losses" primarily as nominal costs. This study uses normative legal research methods with statutory, conceptual, and historical approaches. The first finding shows that a narrow reading of the term "real" is not a neutral stance, but rather creates a double maqashid deficit: on the one hand, the law only restores hifz al-mal and ignores hifz al-nafs , hifz al-'aql , and hifz al-'ird ; on the other hand, the lack of norms encourages judges to borrow general civil law without a sharia filter, thereby opening up the risk of gharar and unlawful enrichment. The second finding offers an ideal regulatory model that redefines “real” functionally, recognizes immaterial losses in a limited and measurable manner within the paradigm of recovery ( jabr al-darar ), maps four categories of losses to the maqashid they protect, establishes thresholds based on the hierarchy of darurriyyat–hajiyyat–tashiniyyat and the principle of proportionality, and designs layered evidence and guided discretion. The novelty of this article lies in providing an operative framework for immaterial losses guided by maqashid, which has not been provided by KHES, fatwas, or previous studies. The most realistic update is carried out through strengthening KHES within the framework of PERMA, affirmation of DSN-MUI, and the Supreme Court's technical guidelines for Religious Court judges.
RECOGNITION OF COMMUNAL LAND RIGHTS IN SUSTAINABLE DEVELOPMENT AND ENVIRONMENTAL PROTECTION Gloria Gita Putri Ginting; Henry Aspan; Mhd. Azhali Siregar; Ayu Kurnia Sari
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.21731741

Abstract

This research aims to analyze the recognition of communal land rights of indigenous communities within the framework of sustainable development and environmental protection. Customary land is not merely an economic asset, but rather the foundation of the cultural identity, social structure, and survival of indigenous communities. Although the 1945 Constitution, through Article 18B paragraph (2) of the 1945 Constitution, mandates the recognition and respect of indigenous communities and their traditional rights, its implementation still faces various challenges. The research method used is a juridical-normative approach, supported by case study analysis from various regions in Indonesia, including West Sumatra, Papua, and Rempang. Data were collected through a review of relevant laws and regulations, policy documents, and various previous studies. The results show that the recognition of communal land rights is closely linked to environmental sustainability. Indigenous communities play a crucial role in maintaining ecosystem sustainability through local wisdom practices passed down through generations. However, a development paradigm that still views nature as an object of extraction often ignores these communal rights. The government has demonstrated its commitment by issuing 41 Management Rights Certificates for customary land in seven provinces. However, this policy also has the potential to create conflict if it does not involve communities meaningfully. This study concludes that recognizing communal land rights must be the foundation of inclusive, sustainable development, using local wisdom as a guide and ensuring the active participation of indigenous communities in all decisions concerning their land and territories.
LEGAL PROTECTION FOR PATIENTS IN THE IMPLEMENTATION OF HEALTH SERVICES AT CLINICS IN DUMAI CITY Juwita Yanti Pakpahan; Novi Juli Rosani Zulkarnain
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.21636479

Abstract

This study analyzes the legal protection of patients in health services provided by clinics in Dumai City under Indonesia’s current health-law framework. The research uses a normative juridical method with statutory and conceptual approaches. Primary legal materials include the 1945 Constitution, Law Number 17 of 2023 on Health, Government Regulation Number 28 of 2024, Minister of Health Regulation Number 11 of 2025, and related rules on medical records, referrals, pharmaceutical services, and personal data protection. The study finds that patient protection operates through preventive and repressive mechanisms. Preventive protection requires lawful clinic licensing, professional competence, service standards, informed consent, confidentiality, accurate medical records, patient safety, transparent fees, and effective referral procedures. Repressive protection is available through internal complaints, professional and administrative examination, mediation, civil claims, and criminal proceedings where legal elements are fulfilled. The main implementation challenge is not the absence of norms, but inconsistent documentation, insufficient communication, weak complaint management, and limited supervision. Therefore, clinics and the Dumai City Government should strengthen standard operating procedures, patient information systems, incident reporting, periodic compliance audits, and accessible non-litigation dispute resolution.
THE STATUS OF THE STATE IN INTERNATIONAL AGREEMENTS IN THE ERA OF GLOBALIZATION: A PRIVATE INTERNATIONAL LAW PERSPECTIVE Yulian Dwi Nurwanti
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.21731330

Abstract

Globalization has driven an increase in cross-border civil law relationships involving various legal subjects from different jurisdictions. This situation gives rise to various legal issues, such as conflicts of laws, the determination of applicable law, court jurisdiction, and the recognition and enforcement of foreign judgments. In this context, international treaties serve as vital legal instruments for harmonizing norms and providing legal certainty for international civil law relationships. As subjects of international law, states hold a strategic position in the formation, ratification, and implementation of international treaties within national legal systems. This study aims to analyze the position of the state regarding international treaties in the era of globalization from the perspective of Private International Law and to examine how states implement these treaties to regulate cross-border civil law relationships. The study employs a normative legal research method, using both the statute approach and the conceptual approach. Legal materials—comprising primary, secondary, and tertiary sources—were analyzed qualitatively using a descriptive-analytical method. The findings indicate that the state holds a fundamental position as a subject of international law, possessing the authority to form, ratify, and implement international treaties as an exercise of state sovereignty. From the perspective of Private International Law, the implementation of international treaties serves to harmonize national law with international norms, provide legal certainty for cross-border civil law relationships, and minimize potential conflicts of laws.
IMPLEMENTATION OF THE POLICY PROHIBITING THE KILLING OF ESTUARY CROCODILES IN RANTAU GEDANG AND TELUK RUMBIA VILLAGES, SINGKIL DISTRICT, ACEH SINGKIL REGENCY Fitrianda Sari; Mauludi; Arinanda; Muhammad Hasyem; Risna 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.21737674

Abstract

This study examines the implementation of the policy prohibiting the killing of estuarine crocodiles in Rantau Gedang Village and Teluk Rumbia Village, Singkil District, Aceh Singkil Regency, as well as the factors hindering its implementation. The study was motivated by increasing human–crocodile conflicts that have resulted in fatalities and created a dilemma between wildlife conservation and community safety. This research employs a descriptive qualitative approach, with data collected through interviews, observations, and documentation. The analysis is based on Merilee S. Grindle's policy implementation theory, which focuses on policy content and implementation context. The findings indicate that the prohibition policy has not been implemented optimally. Although it has a strong legal foundation and clear objectives, it has not fully addressed the community's need for safety. The main barriers include low community compliance, limited resources, inadequate continuous socialization, weak inter-agency coordination, and the socio-economic dependence of local communities on river activities. A more comprehensive strategy is therefore required through improved public awareness, strengthened monitoring, and human–wildlife conflict mitigation so that estuarine crocodile conservation can be balanced with community safety and welfare.
Rural Housing and Social Mobility: A District Level Study of PMAY-G in Tamil Nadu Dr. N. RAMESHKUMAR; Mr. T. SATHISPRABU. M.A., M.Phil. SET., Ph.D; Mr. R. VENKATESH. M.A., Ph.D
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.21853663

Abstract

Housing is a fundamental component of human development, contributing significantly to social security, economic stability, and overall quality of life. The Pradhan Mantri Awaas Yojana–Gramin (PMAY-G), launched by the Government of India in 2016, s eeks to provide pucca houses with basic amenities to all eligible rural households, thereby improving living standards and promoting inclusive rural development. This study examines the implementation and impact of PMAY-G at the district level in Tamil Nadu, with particular emphasis on its role in enhancing social mobility among rural beneficiaries. The research analyzes district-wise patterns of housing distribution, beneficiary selection, fund utilization, and completion rates, while assessing improvements in education, health, sanitation, employment opportunities, and social status resulting from access to secure housing. The study adopts a descriptive and analytical approach, utilizing secondary data obtained from government reports, census publications, PMAY-G dashboards, and district statistical handbooks. It also explores regional disparities in implementation and identifies the administrative, financial, and socio-economic factors influencing the scheme's effectiveness across districts. The findings indicate that PMAY-G has substantially improved housing conditions and access to essential services, contributing to greater socio-economic inclusion and upward social mobility among rural households. However, variations in implementation efficiency, delays in fund disbursement, and infrastructural challenges continue to affect outcomes in certain districts.
Housing Security and Land Ownership under Pradhan Mantri Awaas Yojana–Gramin (PMAY-G): Assessing Rural Development Outcomes in Tamil Nadu Dr. N. RAMESHKUMAR; Mr. T. SATHISPRABU. M.A., M.Phil. SET., Ph.D; Mr. R. VENKATESH. M.A., Ph.D
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.21736724

Abstract

Housing security and secure land ownership are fundamental components of sustainable rural development, social protection, and poverty reduction. The Pradhan Mantri Awaas Yojana–Gramin (PMAY-G), launched in 2016, seeks to provide permanent housing to eligible rural households while promoting dignity, asset creation, and inclusive growth. In Tamil Nadu, the implementation of PMAY-G has been strengthened by the state's long-standing commitment to welfare-oriented housing policies and decentralized rural governance. This study assesses the effectiveness of PMAY-G in enhancing housing security and land ownership and examines its contribution to rural development outcomes in Tamil Nadu. The programme has strengthened household asset ownership and promoted women's empowerment through joint or exclusive ownership of residential property. Beneficiaries have experienced improved access to sanitation, safe drinking water, electricity, and other essential services, leading to better health outcomes, educational opportunities, and enhanced quality of life.
Public Policy Effectiveness of PMAY-G in Tamil Nadu: An Assessment of Rural Housing and Social Welfare Dr. N. RAMESHKUMAR; Mr. T. SATHISPRABU. M.A., M.Phil. SET., Ph.D; Mr. R. VENKATESH. M.A., Ph.D
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.21853442

Abstract

Pradhan Mantri Awaas Yojana–Gramin (PMAY-G) has emerged as one of India's flagship rural housing programmes, aiming to provide safe, durable, and affordable housing to economically weaker rural households while promoting inclusive and sustainable development. This study evaluates the public policy effectiveness of PMAY-G in Tamil Nadu by assessing its contribution to rural housing improvement and social welfare outcomes. The research adopts a mixed-method approach, integrating quantitative data obtained from beneficiary households with qualitative insights gathered through interviews with local officials, Panchayat representatives, and beneficiaries. The analysis focuses on key policy dimensions, including beneficiary identification, transparency in implementation, financial assistance, housing quality, infrastructure convergence, and beneficiary satisfaction. The programme has also strengthened women's empowerment by encouraging property ownership in the names of women or jointly with spouses, thereby enhancing household decision-making and economic security. Despite these achievements, the study identifies challenges related to delays in fund disbursement, rising construction costs, regional disparities in implementation, shortages of skilled labour, and limited technical support during house construction.

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