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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 361 Documents
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THE ROLE OF THE SOUTH KONAWE POLICE DRUG RESEARCH UNIT IN COMBATING NARCOTICS ABUSE (A STUDY OF THE SOUTH KONAWE POLICE DRUG RESEARCH UNIT). Fatma Wati; Yedi Kusnadi; Nurlela Puspa Sari; Fatahillah; Marlin
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Drug abuse is a legal and social problem that can have serious impacts on security, health, and public order. This condition demands an active role from law enforcement officers, particularly the Narcotics Investigation Unit, in efforts to combat drug abuse. This study aims to analyze the role of the South Konawe Police Narcotics Investigation Unit in combating drug abuse and identify obstacles faced in carrying out this task. This study uses an empirical legal research method with a qualitative descriptive approach. Data were obtained through interviews, observations, and documentation related to the implementation of the South Konawe Police Narcotics Investigation Unit's duties. The results show that the South Konawe Police Narcotics Investigation Unit plays a crucial role in combating drug abuse through preemptive, preventive, and repressive efforts. Preemptive efforts are carried out through providing education and outreach to the community regarding the dangers of narcotics, while preventive efforts are carried out through monitoring areas considered vulnerable, patrol activities, and cooperation with various parties. Meanwhile, repressive efforts are carried out through investigations, inquiries, arrests, searches, confiscation of evidence, and legal proceedings against perpetrators of narcotics crimes. In its implementation, several obstacles remain, including limited human resources, facilities and infrastructure, the vastness of the jurisdiction, and the still low awareness of some members of the public to participate in eradicating narcotics abuse. Therefore, it is necessary to increase personnel capacity, support facilities and infrastructure, and strengthen synergy between the police, local governments, related institutions, and the community so that the eradication of narcotics abuse in the jurisdiction of the South Konawe Police can be implemented more optimally.
IMPLEMENTATION OF RESTORATIVE JUSTICE IN RESOLUTION OF VIOLENT CONFLICT BETWEEN DEMONSTRATORS AND POLICE PERSONNEL AT KENDARI POLICE REGENCY. Maulana Saputra Sauala; Arif Try Dhana Jaya; Asrullah; Nurlela Puspa Sari; Marlin
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The violent conflict that occurred between demonstrators and police personnel during the demonstration is an issue that can disrupt public order and give rise to legal issues for the parties. The resolution of this conflict is not only oriented towards repressive law enforcement, but also requires an approach that can restore relationships, resolve losses, and prevent recurrence of conflict. This study aims to analyze the application of restorative justice in resolving violent conflicts between demonstrators and police personnel at the Kendari Police Headquarters and identify the obstacles faced in its implementation. This study uses an empirical legal research method with a qualitative descriptive approach. Research data were obtained through interviews, observations, and documentation related to the conflict resolution process between demonstrators and police personnel. The results of the study indicate that the application of restorative justice can be an alternative resolution of violent conflicts through a process of dialogue and deliberation involving the conflicting parties, prioritizing recovery, accountability, and the creation of mutual agreements. The application of this approach can also help reduce conflict escalation and provide space for the parties to resolve the problem more constructively. However, its implementation still faces several obstacles, including differing interests and perceptions between demonstrators and the police, the parties' willingness to reconcile, the complexity of violent incidents, and limited understanding of restorative justice mechanisms. Therefore, improved communication, transparency, and professionalism of police personnel are needed, as well as coordination with relevant parties to ensure the effective implementation of restorative justice in resolving conflicts between demonstrators and police personnel while ensuring legal certainty and justice.
COMPETENCE, COMMUNICATION, AND ASN PERFORMANCE: A STUDY AT THE GENERAL ELECTIONS COMMISSION OF TANA TORAJA REGENCY Natalianus Paembe Sarulallo; Bakhtiar Bakhtiar; Raba Nathaniel
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

This study examines how competence and communication style are associated with the performance of Civil Servants (ASN) working at the General Elections Commission (KPU) of Tana Toraja Regency. A quantitative approach employing an explanatory design was adopted. The study involved a population of 28 civil servants, with 27 respondents providing complete and analyzable responses. Data were obtained through a five-point Likert-scale questionnaire and analyzed using multiple linear regression in SPSS. The analytical procedures comprised validity and reliability assessments, classical assumption tests, partial significance testing (t-test), simultaneous significance testing (F-test), and the coefficient of determination. The findings revealed that competence was not statistically significant in predicting ASN performance (B = 0.164; t = 1.213; p = 0.237). In contrast, communication style demonstrated a positive and statistically significant association with performance (B = 0.380; t = 2.764; p = 0.011). When considered jointly, competence and communication style produced a statistically significant regression model (F = 34.333; p < 0.001). The coefficient of determination (R² = 0.741) indicates that the two predictors collectively account for 74.1% of the variance in ASN performance, while the remaining 25.9% is attributable to factors not represented in the model. Overall, communication style emerged as the more consistent factor associated with performance in the organizational setting examined. The findings highlight the importance of fostering communication that is clear, transparent, constructive, and conducive to effective coordination as part of organizational performance improvement efforts.
THE EFFECTIVENESS OF ARBITRATION AS AN ALTERNATIVE DISPUTE RESOLUTION MECHANISM FOR BUSINESS DISPUTES IN THE BENGKULU REGION Novran Harisa
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 3 (2025): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Business disputes are an inevitable consequence of increasingly complex commercial activities, including those occurring in the Bengkulu region. Business actors require a dispute resolution mechanism that provides efficiency, confidentiality, legal certainty, and responsiveness to commercial needs. Arbitration constitutes an alternative dispute resolution mechanism recognized under Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. This study aims to analyze the effectiveness of arbitration in resolving business disputes in Bengkulu and identify the legal and practical factors influencing its implementation. This research employs a normative juridical method using statutory, conceptual, and contextual approaches. The legal materials consist of legislation, legal doctrines, books, journal articles, and supporting documents related to arbitration and business dispute resolution. The materials were analyzed qualitatively through legal interpretation, classification, and systematic analysis. The findings indicate that arbitration is legally capable of providing procedural flexibility, confidentiality, party autonomy, expert-based adjudication, and final and binding awards. Nevertheless, its practical effectiveness in Bengkulu has not been fully optimized because arbitration clauses are not widely used in commercial contracts, access to arbitration institutions remains limited, and arbitration is often perceived as appropriate only for large-value disputes. Strengthening arbitration requires legal education, improved contract drafting, institutional cooperation, affordable procedures, and the development of technology-based dispute resolution services. Arbitration is therefore effective in principle, but its regional implementation depends on accessibility, business awareness, institutional support, and voluntary compliance with arbitral awards.
A THEORETICAL AND AXIOLOGICAL EVALUATION OF THE DETENTION OF INDIVIDUALS WITH PSYCHOTIC MENTAL DISORDERS UNDER KUHAP (THE INDONESIAN CRIMINAL PROCEDURE CODE): FROM PROCEDURAL INSTRUMENT TO DISGUISED PUNISHMENT Fathur Rozzi; Y.A. Triana Ohoiwutun; Fanny Tanuwijaya; Jimmy Z. Usfunan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 4 (2026): December - ON PROGRESS
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Detention under the Indonesian Criminal Procedure Code (KUHAP) is intended to function as a temporary, non-punitive procedural instrument to ensure the proper administration of criminal proceedings. However, the application of detention to individuals with psychotic mental disorders reveals a structural inconsistency between substantive criminal law and criminal procedure, causing detention practices to shift into a form of disguised punishment. This article adopts a normative-analytical approach to assess conceptual gaps within KUHAP, examine the implications of procedural incapacity, and evaluate the urgency of implementing medically rehabilitative detention grounded in international human rights principles. The study analyzes legal literature, national regulations, and forensic perspectives to trace the consequences of conventional detention practices for individuals with psychotic mental disorders. The findings indicate that standard detention not only fails to protect their rights but also heightens psychosocial risks, exacerbates mental conditions, and produces substantive injustice. This research underscores the need to reformulate KUHAP by recognizing procedural incapacity, implementing non-punitive detention based on medical rehabilitation, and integrating the principles of legal utility, substantive justice, and human rights protection. Such an approach is expected to bridge the gap between substantive criminal law and criminal procedure while affirming that the protection of the rights of individuals with psychotic mental disorders is not merely a domestic obligation but also a commitment to international human rights standards.
OPTIMIZING CRIMINAL IMMIGRATION LAW ENFORCEMENT AGAINST INDONESIAN CITIZENS PROVIDING FALSE INFORMATION DURING INTERNATIONAL DEPARTURE PROCEDURES: A STUDY AT BATAM PORT Irpan Husein; Erniyanti; Agus Siagian; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 2 (2026): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The departure of Indonesian citizens (WNI) abroad through Batam Port must comply with immigration regulations, including the obligation to provide truthful information during the immigration inspection process. Law Number 6 of 2011 concerning Immigration, as amended several times, most recently by Law Number 63 of 2024, as well as Law Number 1 of 2023 concerning the Criminal Code and implementing regulations in the field of immigration, constitutes the legal framework for this research. Providing false information during the departure process may hinder the implementation of immigration supervision and, if the elements of a criminal offense are fulfilled, may result in criminal liability. This research aims to analyze the legal regulation, implementation, obstacles, and solutions related to criminal immigration law enforcement. This research analyzes several legal theories based on the views of legal scholars. It employs an empirical legal research method using statutory, conceptual, and sociological approaches. Data were obtained through literature studies and field research concerning the implementation of immigration inspection and supervision. The data were analyzed qualitatively to determine the conformity between statutory provisions and the practice of law enforcement at Batam Port. The results show that law enforcement against Indonesian citizens who provide false information is based on immigration and criminal law provisions, subject to the fulfillment of the elements of a criminal offense. The implementation of law enforcement at Batam Port is conducted through the examination of travel documents, identity, purpose of departure, and clarification of inconsistent information. The obstacles identified include difficulties in proving the element of intent, limitations and suboptimal integration of data, differences in understanding in determining the legal qualification of the conduct, and inadequate coordination among relevant agencies. This research concludes that criminal immigration law enforcement has a legal basis; however, its implementation still requires optimization in the aspects of inspection, evidence, data integration, and inter-agency coordination. Law enforcement must be conducted based on the fulfillment of the elements of a criminal offense while maintaining a distinction between administrative violations and criminal offenses. Optimization is necessary to achieve effective and proportionate law enforcement, provide legal certainty, and strengthen the function of immigration supervision in the process of Indonesian citizens leaving abroad.
THE URGENCY OF DISASTER-BASED SPATIAL PLANNING: A JURIDICAL REVIEW OF ECOLOGICAL CONCERNS IN THE NATIONAL LEGAL SYSTEM Nurhimmi Falahiyati; Rise Karmilia; Ilham; Herwin Hermawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 1 (2025): March
Publisher : PT. Radja Intercontinental Publishing

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Spatial planning in Indonesia plays a strategic role in balancing regional development, environmental sustainability, disaster mitigation, and public safety. This study aims to critically analyze the legal framework of spatial planning from the perspective of ecological justice and disaster mitigation, with particular attention to the role of Detailed Spatial Plans (RDTR), spatial control, and law enforcement. This study employed a normative juridical research method using statutory and conceptual approaches. Legal materials were obtained through library research and analyzed qualitatively using a descriptive-analytical method by examining the relationship between normative legal provisions and implementation challenges. The findings demonstrate that although Indonesia has a comprehensive spatial planning regulatory framework, a significant gap remains between legal norms and their implementation. The effectiveness of spatial planning is constrained by limited institutional coordination, uneven availability of digital RDTR, weaknesses in spatial supervision, and inconsistent law enforcement. The study further finds that disaster-risk mapping and ecological carrying-capacity considerations need to be integrated into spatial planning as preventive instruments. Strengthening administrative and criminal enforcement, digital RDTR, public participation, and legal protection of spatial and land rights is therefore essential to establish spatial governance that promotes environmental security, public safety, and intergenerational ecological justice.
IMPLEMENTATION OF LAND USE MANAGEMENT PRINCIPLES FROM THE PERSPECTIVE OF SPATIAL PLANNING LAW TO REALIZE SOCIAL JUSTICE Nurhimmi Falahiyati; Akiruddin Ahmad; Wardatul Husna; Aswan Halomoan Lubis
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 1 (2023): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Land is a strategic and limited resource whose utilization must balance economic development, environmental sustainability, community rights, and social justice. In Indonesia, the implementation of land-use management within the spatial planning framework continues to face challenges, including land-use conversion, unequal land control, overlapping spatial utilization permits, weak institutional coordination, limited community participation, and ineffective law enforcement. This study aims to analyze the implementation of land-use management principles, particularly sustainability, optimality, and harmony, from the perspective of spatial planning law and to examine the effectiveness of government supervision and law enforcement in protecting community land and economic rights. This study employs a normative-juridical legal research method using a statute approach and a conceptual approach. Secondary legal materials were collected through a systematic literature review and analyzed using descriptive-qualitative legal analysis, supported by systematic, grammatical, and teleological legal interpretation. The findings indicate that the implementation of land-use management principles has not functioned optimally due to the dominance of short-term economic interests, sectoral institutional fragmentation, inconsistencies between spatial plans and actual land utilization, weak supervision, overlapping permits, and inadequate community participation. These conditions may result in land-use conflicts, environmental degradation, and marginalization of vulnerable communities. The study concludes that achieving social justice requires stronger synchronization between land-use regulation and spatial planning, integrated institutional coordination, meaningful public participation, consistent enforcement of spatial planning sanctions, and protection of the social and ecological functions of land. Strengthening the One Map Policy and prioritizing equitable access to housing, sustainable agricultural land, and public green spaces are essential to realizing socially just and sustainable land governance.
THE RIGHT OF ENVIRONMENTAL ORGANIZATIONS TO SUE AS LEGAL STANDING IN ADMINISTRATIVE LAW DISPUTES IN INDONESIA: A NORMATIVE-COMPARATIVE STUDY FOLLOWING LAW NUMBER 11 OF 2020 Joharsah; Harmuzan; Sarah Furqoni; Ahmad Irham Tajhi
Journal of International Islamic Law, Human Right and Public Policy Vol. 1 No. 4 (2023): December
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Environmental disputes arising from state administrative decisions, including mining permits, large-scale plantation development, and infrastructure projects, increasingly require effective mechanisms for protecting collective environmental interests. One of the central legal issues is the legal standing of environmental organizations to challenge administrative decisions before the State Administrative Court (PTUN), particularly following the regulatory changes introduced by Law Number 11 of 2020 concerning Job Creation. This study aims to analyze the position of environmental organizations regarding legal standing in environmental administrative disputes, identify procedural and doctrinal obstacles faced by such organizations, and formulate legal reform recommendations to strengthen their role in environmental litigation. This research employs a normative legal research method using a doctrinal-comparative approach and a case approach. The study relies on secondary legal materials consisting of primary legal materials, including legislation and court decisions, secondary legal materials comprising scholarly literature and journal articles, and tertiary legal materials. The analysis combines juridical, comparative, and critical approaches to examine the relationship between legal norms, judicial practice, and the development of environmental administrative law. The findings indicate that environmental organizations can obtain legal standing when they are able to demonstrate a collective legal interest and a causal relationship between the contested administrative decision and significant environmental impacts. Nevertheless, their access to administrative litigation remains constrained by the high burden of scientific proof, inconsistent interpretation of collective legal interests, limited explicit procedural regulation, and uncertainty concerning the object of administrative disputes following changes to the environmental licensing system. The development of judicial practice and Supreme Court Regulation Number 1 of 2023 provides an important normative foundation for strengthening public interest standing in environmental disputes. The study recommends legislative reform to explicitly regulate the legal standing and procedural rights of environmental organizations, the establishment of proportionate scientific evidentiary standards, strengthening judicial and legal-professional capacity, and facilitating amicus curiae and public-interest litigation funding. These reforms are necessary to enhance access to environmental justice and strengthen public oversight of state administrative actions affecting environmental protection.
LEGAL ASPECTS OF WAQF FUND DEVELOPMENT THROUGH SHARIA SUKUK INVESTMENT: A PERSPECTIVE FROM INDONESIAN WAQF AND INVESTMENT LAW Sahbudi; O.K. Isnainul; Shanti Mayasari Aritonang
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 1 (2024): March
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Waqf is an instrument within the Sharia financial system that holds significant potential for fostering the economic empowerment of the Muslim community. However, the implementation of cash waqf in Indonesia has not yet matched its actual potential. In response to this situation, the Cash Waqf Linked Sukuk (CWLS) scheme emerged as an innovation in waqf fund management through investment in Sharia-compliant sukuk instruments. Under this mechanism, cash waqf funds are safely invested in State Sharia Securities (SBSN), and the investment returns are channeled to fund social programs. This study employs a normative legal research approach utilizing qualitative data analysis. Primary data were obtained from legal sources such as legislation and fatwas from the National Sharia Council of the Indonesian Ulema Council (DSN-MUI), while supporting data were derived from legal literature reviews, official institutional reports, and scholarly articles. The collected data were analyzed and presented using a descriptive-analytical method to understand the interplay between waqf law and investment law in Indonesia. The findings indicate that CWLS represents an integration of Islamic philanthropy concepts with Sharia capital market mechanisms. Although a sufficient legal foundation exists, there are gaps in technical regulations—specifically regarding the legal status of the nazhir(waqf manager) in the context of investment fund management. Such ambiguity could give rise to legal risks and hinder the development of productive waqf. Therefore, regulatory synchronization and institutional strengthening are essential to ensure that waqf management via sukuk is conducted transparently, responsibly, and in accordance with Sharia principles.

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