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Rico Nur Ilham
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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 361 Documents
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A JURIDICAL REVIEW OF THE LIMITS ON TESTAMENTARY FREEDOM: PROTECTION OF ABSOLUTE RIGHTS (LEGITIME PORTIE) FROM THE PERSPECTIVE OF DISTRIBUTIVE JUSTICE Asmuni; Qori Rizqiah H. Kalingga; Rianedo Anggriawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 3 No. 2 (2025): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Civil inheritance law in Indonesia, which is historically rooted in the Burgerlijk Wetboek (BW), possesses unique juridical characteristics that emphasize the protection of heirs' civil rights through the concept of Legitime Portie. This principle establishes an absolute share that cannot be infringed upon by any party, including the testator's own free will. However, within contemporary social dynamics and legal practices, tensions frequently arise between the individual sovereignty of the testator in drafting a will (testament) and the protection of forced heirship rights guaranteed by law. This conflict-of-interest sparks debate regarding the limits of personal autonomy in allocating wealth post-mortem. This article aims to analyze in depth the effectiveness of legal protection for forced heirs (legitimaris) and to dissect the patterns of inheritance dispute resolution through the lens of distributive justice. In this context, distributive justice is employed to evaluate whether the distribution of assets based on the rigid figures within the Legitime Portie fulfills a sense of proportional justice for heirs, while considering moral and humanitarian aspects. The research method used in this study is normative juridical, focusing on in-depth literature review. The research approaches include the statute approach and the conceptual approach. Through this analysis, it is found that although the Legitime Portie provides strong legal certainty, flexibility in judicial interpretation is required to accommodate a sense of justice for heirs who factually demonstrate greater devotion to the testator. Thus, inheritance law should not merely function as a rigid administrative regulation but rather as an instrument of substantive justice.
AN OVERVIEW OF THE DISSOLUTION OF LIMITED LIABILITY COMPANIES UNDER INDONESIAN CORPORATE LAW Harmuzan; Muhlizar; Qori Rizqiah H. Kalingga
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The dissolution of a Limited Liability Company (Perseroan Terbatas/PT) constitutes a complex legal process that extends beyond the termination of the company's legal entity status. It involves a series of legal consequences, particularly liquidation, settlement of corporate obligations, protection of creditors, shareholders, employees, consumers, and other stakeholders. This study aims to analyze the legal framework governing the dissolution of Limited Liability Companies under Indonesian corporate law, examine the mechanisms and legal consequences of liquidation, and identify legal issues affecting legal certainty and stakeholder protection. This research employs a normative-juridical method by examining Law Number 40 of 2007 concerning Limited Liability Companies and its subsequent amendments, supported by relevant legal literature, scholarly opinions, and academic journal sources. The analysis indicates that the Indonesian legal framework provides a relatively comprehensive structure for corporate dissolution, including the grounds for dissolution, the continuation of the company's legal existence for liquidation purposes, and the authority and responsibilities of liquidators in settling corporate assets and obligations. However, implementation continues to face challenges, including delays in the settlement of corporate obligations, insufficient transparency in liquidation processes, weak supervision of liquidators, and potential conflicts of interest among stakeholders. These conditions demonstrate a gap between normative legal provisions (das sollen) and their implementation in practice (das sein), particularly in relation to creditor protection and minority shareholder interests. The study concludes that strengthening liquidation oversight, improving transparency and accountability, consistently implementing good corporate governance principles, and harmonizing relevant regulations are necessary to ensure that the dissolution of Limited Liability Companies is not only legally valid but also substantively fair and capable of providing sustainable legal certainty for all stakeholders.
IMPLEMENTATION OF SPATIAL USE CONTROL INSTRUMENTS: A JURIDICAL ANALYSIS OF ADMINISTRATIVE SANCTIONS FROM THE PERSPECTIVE OF LEGAL CERTAINTY Syafil Warman; Umi Khairiah; Parlindungan Simanjuntak
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 4 (2024): December
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Spatial planning regulations in Indonesia are currently undergoing a radical and fundamental paradigm shift towards a risk-based approach, a move primarily driven by the ambition to accelerate national economic growth and streamline investment procedures. While this transformation is theoretically designed to maintain environmental integrity through digitized standardization, the increasing frequency of anthropogenic disasters—environmental catastrophes rooted in human negligence, structural land-use violations, and systemic spatial mismanagement—reveals a critical and alarming weakness in the integration of ecosystem resilience within the national legal architecture. This article provides a critical and comprehensive examination of the legal transformation of spatial planning, evaluating its efficacy as a preventive legal instrument against imminent ecological collapse. By employing a normative juridical research method supplemented by a statutory and conceptual approach, this study scrutinizes the complex harmonization between the "Omnibus Law" (Job Creation Law) and existing environmental protection standards to identify potential legal synchronicities that could prevent escalating land-use conflicts. The findings demonstrate that the dilution of local authority and the lack of strict adherence to environmental carrying capacity (daya dukung) and environmental thresholds (daya tampung) within the Spatial Detail Plans (RDTR) serve as the primary catalysts for heightened regional vulnerability. Furthermore, the digitalization of spatial permits through the OSS system, while efficient, often lacks the qualitative ecological oversight necessary to deter exploitative land conversion. The study concludes that an urgent legal reconstruction is required to reorient the philosophy of spatial planning. It argues that spatial regulation must transcend its current role as a mere investment gateway and be reinstated as a robust, non-negotiable legal shield dedicated to ecosystem preservation, disaster risk reduction, and the absolute guarantee of long-term public safety and intergenerational equity.
THE JURIDICAL-SPATIAL ASPECTS OF POST-DISASTER SPATIAL PLANNING: AN ANALYSIS OF ENVIRONMENTAL LAW ENFORCEMENT IN THE BATANG TORU ECOSYSTEM AREA, GAROGA VILLAGE, SOUTH TAPANULI Akmal; Zuhri Arif; Surya Bakti
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 2 (2024): June
Publisher : PT. Radja Intercontinental Publishing

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Abstract

Spatial planning in environmentally sensitive areas requires an integrated approach that considers legal certainty, environmental carrying capacity, disaster risk, and the conformity of land utilization with spatial-planning regulations. This study examines the Juridical-Spatial approach to spatial governance and disaster-risk reduction in the Batang Toru–Garoga landscape of South Tapanuli, North Sumatra, with particular attention to the relationship between land-use change, environmental vulnerability, spatial-planning compliance, and administrative enforcement. This study employs a normative-juridical research method supported by secondary spatial, statistical, and disaster-related data. The research applies a Statute Approach and a Case Approach to examine the legal framework governing spatial planning, environmental protection, disaster mitigation, licensing, and administrative sanctions. The findings indicate that the vulnerability of the Batang Toru–Garoga landscape is influenced by the interaction of mountainous topography, hydrological sensitivity, land-use change, forest degradation, and anthropogenic activities. The study further identifies a gap between legally designated spatial functions and actual land utilization, demonstrating the need to integrate disaster-risk maps, environmental carrying-capacity assessments, land-use information, and spatial-planning documents into administrative decision-making. The Juridical-Spatial approach provides a framework for connecting geospatial evidence with legal evaluation, particularly in assessing the conformity of Forest Utilization Business Licenses (PBPH) and other land-use activities with spatial-planning and environmental requirements. Administrative sanctions, including suspension and permit revocation, should be implemented based on verifiable violations, spatial audits, environmental assessments, licensing-compliance evaluations, and transparent procedures. The study concludes that spatial planning should be strengthened as a preventive instrument for environmental protection and disaster-risk reduction. Periodic environmental audits, integrated spatial information, institutional coordination, and legally accountable enforcement are necessary to promote sustainable spatial governance and spatial justice in the Batang Toru–Garoga landscape.
LEGAL IMPLICATIONS OF THE CONSTITUTIONAL COURT DECISION NUMBER 46/PUU-VIII/2010 ON THE INHERITANCE RIGHTS OF CHILDREN BORN OUT OF WEDDING FROM THEIR BIOLOGICAL FATHER IN INDONESIA Akiruddin Ahmad; Sahbudi; Yeltriana; Junaidi
Journal of International Islamic Law, Human Right and Public Policy Vol. 2 No. 3 (2024): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The Decision of the Constitutional Court of the Republic of Indonesia No. 46/PUU-VIII/2010 marks an important milestone in the legal status of children born out of wedlock with respect to their biological fathers, who have long been deprived of the civil rights or relationships they should have received from their biological fathers. Until now, Article 43(1) of Law No. 1 of 1879 has served as a barrier to civil relationships between children born out of wedlock and their biological fathers. Prior to the decision of the Constitutional Court of the Republic of Indonesia No. 46/PUU-VIII/2010, children born out of wedlock had legal relationships only with their mothers and their mothers’ families. This resulted in severely limited rights for the children, including regarding identity, child support, and inheritance rights. This study aims to analyze changes in the legal status of children born out of wedlock before and after the Constitutional Court’s decision, as well as to examine the legal aspects of inheritance rights from the biological father and to identify obstacles in the implementation of inheritance law in Indonesia. In this study, the author employs a normative legal methodology, through a legislative approach, case studies, literature reviews, court decisions, and other legal documents. In the research findings, the author discovered that the implications of the Constitutional Court’s decision have opened the door to the recognition of civil relationships between children born out of wedlock and their biological fathers, provided that scientific and legal evidentiary requirements are met. Consequently, from a normative perspective, access to inheritance rights can be considered open. However, this Constitutional Court decision does not explicitly affirm the inheritance rights norms contained within its ruling. Consequently, there is a lack of harmony within Indonesia’s inheritance legal system—which incorporates the Civil Code (Burgerlijk Wetboek), the Compilation of Islamic Law, and customary law—leading to uncertainty in judicial practice, interpretive debates, and legal uncertainty. In conclusion, Constitutional Court Decision No. 46/PUU-VIII/2010 affirms the protection of children’s rights and the principle of non-discrimination in the form of constitutional justice. The author believes there is a need for technical judicial guidelines, legal certainty, and substantive justice for children born out of wedlock.
LIABILITY OF THE BOARD OF DIRECTORS IN A LIMITED LIABILITY COMPANY UNDER LAW NO. 40 OF 2007 Dian Mandayani; Ismed Batubara; Henry Johan Nainggolan
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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Abstract

The Board of Directors occupies a central position in the governance of a limited liability company (Perseroan Terbatas/PT), possessing the authority to manage and represent the company while simultaneously bearing legal responsibility for decisions and actions undertaken in the company's interests. This study aims to analyze the legal liability of directors under Law Number 40 of 2007 concerning Limited Liability Companies, particularly in relation to the principles of fiduciary duty and the Business Judgment Rule (BJR). The study employs a normative legal research method using statutory, conceptual, and case-based approaches. Data were collected through a literature review of legislation, court decisions, legal doctrines, academic literature, and relevant scholarly journals, and were analyzed using normative-qualitative analysis. The findings demonstrate that directors' liability is inseparable from their managerial authority and fiduciary position. Under Articles 92 through 104 of Law Number 40 of 2007, particularly Article 97, directors may incur personal liability for company losses when proven to have acted negligently, unlawfully, or in violation of their fiduciary obligations. Such liability may arise in civil, administrative, or criminal forms depending on the nature of the violation. At the same time, the BJR provides legal protection for directors who make business decisions in good faith, with due care, based on adequate information, and within the scope of their authority. However, the study identifies continuing legal uncertainty because the parameters for distinguishing legitimate business risk from negligence, bad faith, abuse of authority, or breach of fiduciary duty remain insufficiently clear and comprehensive. Therefore, strengthening the regulation and interpretation of the BJR, together with the reinforcement of Good Corporate Governance principles, is necessary to establish a balanced framework between directors' managerial discretion, corporate accountability, stakeholder protection, and legal certainty.
NON-TAX STATE REVENUE (PNBP) AND REGIONAL ORIGINAL REVENUE (PAD) FISCAL DUALISM IN BATAM CITY: A COMPARATIVE DESCRIPTION OF THE REVENUE AND BUDGET UTILIZATION OF THE BATAM-INDONESIA FREE ZONE AUTHORITY AND THE BATAM MUNICIPAL GOVERNMENT Arja Nelta; Rizki Tri Anugrah Bhakti Bhakti; Dwi Afni Maileni; Edwar Kelvin
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 existence of dual managing entities in Batam Island, namely the Batam Municipal Government and the Batam Indonesia Free Zone Authority (BP Batam), creates a unique dynamic of revenue governance within a single jurisdiction. This study aims to analyze and compare the revenue objects of both institutions based on the prevailing legal framework. Employing a normative-juridical approach and a descriptive comparative method, this study dissects the regulations underlying the fiscal authority of each entity. The results reveal the implementation of a dual-track fiscal regime in Batam City. The Municipal Government exercises its fiscal function based on the lex generalis principle (Law No. 1 of 2022) through sovereign rights to collect territorially and consumptively oriented Local Taxes and Retributions. Conversely, BP Batam operates under the lex specialis regime of the free trade zone (Law No. 44 of 2007) with managerial and proprietary authorities to collect Non-Tax State Revenue (PNBP) through a Public Service Agency (BLU) management pattern based on cost recovery. In conclusion, the harmonization of fiscal authority between regional autonomy and special zone management can be implemented in parallel without negating each other's legal instruments. This condition requires transparency and strengthened institutional coordination to prevent overlapping administrative fees for the public and investors.
ONE CITY, TWO AUTHORITIES: A STUDY OF JURISDICTIONAL COMPETENCE IN THE BATAM FREE TRADE ZONE Hary Suwenda; Dwi Afni Maileni; Rizki Tri Anugrah Bhakti; Edwar Kelvin
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 the historical dualism and legal vacuum in the governance of Batam, Indonesia, stemming from the overlapping authorities between the Batam Municipal Government (territorial autonomy) and the Batam Authority/BP Batam (functional economic autonomy). This prolonged legal uncertainty, originating from unfulfilled legislative mandates post-1999 regional autonomy laws, has significantly hindered the region's economic competitiveness and overall investment climate. Conducting a normative legal research methodology utilizing statute and conceptual approaches, this paper critically analyzes the institutional integration and the strict demarcation of authority between the two entities. The findings reveal that the structural deadlock was resolved through the ex-officio mechanism, institutionalized by Government Regulation (PP) No. 62/2019 and PP No. 4/2025, which designates the Mayor and Deputy Mayor as the Chairmanships of BP Batam. The Supreme Court validated this arrangement by classifying BP Batam as a Public Service Agency (BLU), circumventing standard dual-office prohibitions. Furthermore, the study demonstrates a fundamental paradigm shift in business licensing within the Free Trade Zone. Driven by risk-based licensing reforms (PP No. 25/2025 and PP No. 28/2025), BP Batam is now firmly established as the single licensing authority. Applying the principle of lex specialis derogat legi generali, this specific regulatory framework overrides the general regional licensing provisions (PP No. 6/2021), rendering the local government's licensing authority null and void within the free trade zone delineation. Ultimately, this research theorizes that Batam has successfully transitioned into a dual governance model. This model harmonizes territorial decentralization for public service delivery with functional autonomy for strategic economic zone management, proving that the existence of a special economic authority reconfigures, rather than eradicates, local government functions, thereby ensuring absolute legal certainty for domestic and foreign investors.
RECONSTRUCTION OF THE AUTHORITY OF THE REGIONAL SUPERVISORY COUNCIL IN ENFORCING THE LAW ON VIOLATIONS OF THE NOTARIAL OFFICE TO ENSURE LEGAL CERTAINTY AND ENHANCE NOTARIAL PROFESSIONALISM ( A STUDY IN BATAM CITY ) Erniyanti; Putri Andini; Markus Gunawan; Agus Siagian; Irpan Husein
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.22121691

Abstract

This research is motivated by the suboptimal authority of the Regional Supervisory Council (Regional Supervisory Council/MPD) in enforcing the law against violations of the notarial office, which affects legal certainty and the professionalism of notaries. The legal framework governing notarial supervision is regulated under Law Number 2 of 2014 concerning the Amendment to Law Number 30 of 2004 on the Office of Notary and Regulation of the Ministry of Law and Human Rights Number 15 of 2020 concerning Procedures for Examination by the Notary Supervisory Council. In practice, the MPD still faces limitations in authority, institutional coordination, and supervisory effectiveness. This study aims to analyze the legal framework, implementation, obstacles, and reconstruction of the MPD's authority in law enforcement against violations of the notarial office in Batam City.This research employs the theories of the rule of law, authority, legal certainty, and law enforcement. It uses an empirical legal research method with statutory, conceptual, and sociological approaches. Data were collected through library research and interviews and were analyzed qualitatively. The findings indicate that the existing legal framework governing the MPD's authority has not fully supported effective law enforcement. Although supervision in Batam City has been implemented, it remains constrained by limited authority, weak institutional coordination, and ineffective follow-up on examination results. The reconstruction of the MPD's authority is therefore necessary through regulatory reform, stronger institutional coordination, capacity building for supervisors, and the utilization of technology in the supervisory system. The study concludes that reconstructing the MPD's authority is essential to strengthen law enforcement against violations of the notarial office, thus enhancing legal certainty and notarial professionalism. It is recommended that the government improve the existing regulatory framework and strengthen institutional and supervisory mechanisms to enhance the effectiveness of the MPD's functions.
CRIMINALIZATION AND CRIMINAL LAW ENFORCEMENT OF CROSS-BORDER NARCOTICS TRAFFICKING AS MARITIME TRANSNATIONAL ORGANIZED CRIME IN THE WATERS OF THE RIAU ISLANDS Erniyanti; Irpan Husein; Soerya Respationo; Agus Siagian; Markus Gunawan
Journal of International Islamic Law, Human Right and Public Policy Vol. 4 No. 3 (2026): September
Publisher : PT. Radja Intercontinental Publishing

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Abstract

The geopolitical position of the Riau Islands Province along major international shipping routes makes its territorial waters vulnerable to being exploited as a major corridor for Maritime Transnational Organized Crime (MTOC) involving illicit narcotics trafficking. This study aims to analyze the legal qualifications and formulation of the criminalization of MTOC-based cross-border narcotics trafficking under Indonesian criminal law, as well as to evaluate the effectiveness and obstacles of criminal law enforcement and maritime interdiction in the waters of the Riau Islands. This research employs a combined normative-empirical legal research method (doctrinal-empirical legal research) using statutory, conceptual, and case approaches. Secondary data, consisting of legislation and court decisions, are complemented by primary data obtained through in-depth interviews with the National Narcotics Agency of the Riau Islands Province (BNNP Riau Islands), the Water and Air Police Directorate (Polairud), the Indonesian Navy, the Directorate General of Customs and Excise, and legal academics. The findings indicate that, substantively, Law Number 35 of 2009 on Narcotics and the New Criminal Code under Law Number 1 of 2023 have accommodated the extension of extraterritorial jurisdiction and corporate criminal liability. However, law enforcement at sea remains constrained by criminal procedural law that is predominantly land-centric. Operational obstacles include the lack of clarity in maritime criminal procedures, particularly concerning the chain of custody and digital evidence; inter-agency jurisdictional friction and overlapping authorities; limited maritime surveillance and radar technology; and the socio-economic vulnerability of local fishermen who may be exploited as coastal couriers. This study recommends the formulation of a specific maritime criminal procedural framework (lex specialis), the establishment of a single agency command mechanism, modernization of maritime surveillance technology, and the strengthening of economic empowerment programs for coastal communities.

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