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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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LEGAL COMPLIANCE STUDY ON IMPORT LEGALITY USED CLOTHES AT THE GOODSIEN THRIFT OUTLET IN MEDAN CITY Muhammad Rifky Refasha; Sutriani; Sufi; Maisyura
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 development of thrift shop businesses in Indonesia has continued to increase along with public interest in good-quality branded second-hand clothing at relatively affordable prices. However, the importation of used clothing is prohibited under applicable Indonesian laws and regulations. This study analyzes the legal compliance of the Goodsien Thrift Outlet in Medan regarding the legality of imported second-hand clothing and identifies factors influencing such compliance. A qualitative descriptive method was used. Data were collected through observation, interviews, and documentation involving the outlet owner, an employee, and consumers, then analyzed through data reduction, data presentation, and conclusion drawing. The findings show that legal compliance has not been fully achieved. Although the business has fulfilled business legality requirements and obtained goods through domestic suppliers rather than importing directly, it has not been able to ensure the legality of the goods' origin from suppliers, while detailed understanding of the import prohibition remains limited. Legal compliance is influenced by legal knowledge, legal awareness, economic considerations, the business environment, and limited government dissemination and supervision. Greater legal education, guidance, supervision, and improved legal awareness are therefore required.
IMPLEMENTATION OF THE IJARAH CONTRACT IN RICE FIELD PLOWING SERVICES: A REVIEW OF ISLAMIC LAW AND POSITIVE LAW IN INDONESIA Wahyu Hidayat; Suciyani
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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This research is motivated by the practice of rice field plowing services in Sarirejo Village, Balen District, Bojonegoro Regency, which are generally carried out based on verbal agreements between landowners and tractor service providers. Although the agreement includes land area, implementation time, and wage amounts, in its implementation there are still delays in work and delays in payment of wages until the harvest period. This condition raises issues regarding the compliance of the contract implementation with the principles of Islamic economic law and the provisions of Indonesian positive law. This study aims to analyze the implementation of ijab qabul in the ijarah contract, the mechanism for implementing rice field plowing services, and the dynamics of wage payments in Sarirejo Village. This study uses an empirical legal research method with a juridical-sociological approach and qualitative methods. Primary data were obtained through interviews with landowners and rice field plowing service providers, while secondary data were obtained through library studies of the Qur'an, Hadith, KHES, the Civil Code, laws and regulations, and relevant literature. The results of the study indicate that the rice field plowing service contract was conducted verbally and fulfilled the elements of agreement as well as the pillars and requirements of the ijarah contract. However, the absence of a written agreement resulted in relatively weak legal certainty and evidentiary aspects. In the implementation of the work, there were delays in the work, mainly influenced by queues and high demand for plowing services during the planting season. Meanwhile, payment of wages that were initially agreed upon after the work was completed was in some cases postponed until the harvest season due to the economic conditions of farmers and community customs. Viewed from Islamic law, this practice does not fully reflect the principles of wafa' bi al-'uqud and ta'jil al-ujrah, while from a positive legal perspective, it has the potential to cause breach of contract if carried out without agreement and fulfilling the elements specified in the law of contract. Thus, the practice of rice field plowing services in Sarirejo Village is socially influenced by the beliefs, customs, and economic conditions of the community, but the implementation of the rights and obligations of the parties still needs to be strengthened through certainty of agreement and communication if there are changes in the implementation of the contract.
THE URGENCY OF REGULATIONS REGARDING SWORN TRANSLATORS FOR LEGAL CERTAINTY IN THE PREPARATION OF NOTARIAL DEEDS Darush Fitrian Nur; Habib Adjie
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

Notaries, as public officials, are authorized to draw up authentic deeds in the Indonesian language as mandated by Article 43 paragraph (1) of Law Number 2 of 2014 on the Amendment to Law Number 30 of 2004 concerning the Notary Position (UUJN-P) and Article 31 of Law Number 24 of 2009 concerning the National Flag, Language, Emblem, and Anthem. In practice, parties who do not understand Indonesian including foreign nationals often require the assistance of a translator to ensure that the content of a deed is fully understood before signing. The problem is that regulations governing the position, qualifications, and legal responsibilities of sworn translators who assist in the making of notarial deeds remain scattered, overlapping, and partly derived from colonial-era regulations such as Staatsblad 1859 Number 69 and Staatsblad 1894 Number 16, thereby creating a normative gap that potentially threatens the legal certainty of authentic deeds. This study aims to examine the urgency of specific regulations concerning sworn translators in the context of notarial deed-making and its implications for the validity and evidentiary force of deeds. The study employs a normative juridical method with a statute approach and a conceptual approach, analyzed qualitatively and prescriptively. The findings indicate that the absence of comprehensive regulation on the role of sworn translators in notarial deed-making creates uncertainty regarding legal liability when translation errors harm the parties, as well as ambiguity concerning the translator's position within the structure of an authentic deed. This study recommends harmonizing regulations among the UUJN-P, the Language Law, and the Ministerial Regulation on Sworn Translators, accompanied by specific technical rules binding notaries and sworn translators to guarantee legal certainty and protection for parties to a notarial deed.
Indian Democracy in the Age of Artificial Intelligence: A Study of Its Impact on Political Public Opinion and Electoral Politics Seema Choudhary
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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This paper examines how artificial intelligence, and generative AI in particular, is reshaping Indian democracy, with a focus on two closely related domains: the formation of political public opinion and the practical conduct of electoral politics. Drawing on documented developments from India's 2024 general election, subsequent state elections, and the evolving regulatory response of the Election Commission of India and the Ministry of Electronics and Information Technology, the paper argues that AI functions in the Indian context as a dual-use technology whose democratic consequences depend on who deploys it, for what purpose, and under what institutional constraints. The analysis is organized around three effects: enhancement, whereby AI has expanded the linguistic reach and inclusiveness of political communication in a highly diverse electorate; distortion, whereby deepfakes, voice cloning, and synthetic media have been used to mislead voters, fabricate endorsements, and inflame sensitive social cleavages; and asymmetry, whereby unequal access to AI infrastructure and resources has altered the competitive balance among political actors. The paper reviews India's regulatory trajectory, including Election Commission advisories issued between 2024 and 2025 and the Ministry of Electronics and Information Technology's October 2025 draft amendments to the Intermediary Guidelines, situating these developments within comparative international approaches from the European Union, the United States, and China. It concludes with policy recommendations addressing detection capacity, closed-network messaging platforms, campaign finance transparency, and voter digital literacy, and argues that India's experience offers an instructive case study for other large, diverse democracies confronting the same technological transformation.
THE INFLUENCE OF UNCERTAINTY AND PERCEIVED SCARCITY ON PANIC BUYING OF BASIC NECESSITIES: THE MEDIATING ROLE OF ANXIETY AMONG FLOOD-AFFECTED RESIDENTS IN LHOKSEUMAWE CITY Evy Muliani; Heriyana; Mariyudi; Ikramuddin
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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This study aims to analyze the influence of uncertainty and perceived scarcity on panic buying of basic necessities with anxiety as a mediating variable in flood-affected communities in Lhokseumawe City. The background of this study is based on the phenomenon of flash floods that hit Lhokseumawe City from late November to December 2025, which caused a disruption in the distribution chain of basic necessities and triggered information uncertainty, perceptions of scarcity of goods, and psychological anxiety that led to panic buying behavior among affected residents. The method used is a quantitative approach with a Structural Equation Model analysis technique based on Partial Least Square (SEM-PLS) through SmartPLS software. Data were obtained by distributing questionnaires to 120 respondents who were flood-affected communities and acted as decision makers for fulfilling household food needs in Lhokseumawe City. The results showed that uncertainty and perceived scarcity had a positive and significant effect on anxiety. In addition, uncertainty, perceived scarcity, and anxiety directly had a positive and significant effect on panic buying. Anxiety was also proven to be able to mediate the influence of uncertainty and perceived scarcity on panic buying of basic necessities. These findings indicate that uncertainty of the situation and the perception of scarcity of goods are triggers of public anxiety which ultimately encourages panic buying behavior.
LEGAL ANALYSIS OF THE APPLICATION OF RESTORATIVE JUSTICE TOWARDS TRAFFIC ACCIDENT CRIMINAL ACTS RESULTING IN DEATH ACCORDING TO LAW NUMBER 22 OF 2009 CONCERNING TRAFFIC AND ROAD TRANSPORTATION (RESEARCH STUDY IN BATAM CITY) Dicky Eryzon; Erniyanti; Ramlan
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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Law enforcement against traffic accident crimes resulting in death based on Article 310 paragraph (4) of Law No. 22 of 2009 in Batam City is still dominated by a punitive-retributive approach. This condition triggers a gap phenomenon with the paradigm of restorative justice as mandated in the new sentencing objectives of Law No. 1 of 2023 on the National Criminal Code. This study aims to analyze the legal regulation of fatal traffic accidents, the actual implementation of restorative justice in Batam City, as well as the obstacles and efforts to address them. The research method used is normative-empirical law with statutory, conceptual, and empirical approaches. The research data are sourced from secondary legal materials as well as primary data obtained through in-depth interviews with investigators from Satlantas Polresta Barelang, prosecutors from Kejari Batam, judges from PN Batam, legal counsel, and members of the Lembaga Adat Melayu (LAM) Kota Batam board. Research findings indicate that the current legal framework has produced vertical normative tensions and a lack of operational laws at the statutory level. The implementation of restorative justice in Batam City has not been optimal, with only 37 out of a total of 275 fatal cases resolved between 2023–2025. Peace agreements and material compensation are generally reduced merely to mitigating factors in court. The main obstacles stem from ambiguous legal provisions, sectoral egos and structural fears among law enforcement officials of ethical sanctions, limited integrated mediation facilities, as well as a culture of transactional law. Efforts undertaken include drafting a regional Integrated Joint Decree (SKB) and involving traditional community leaders. It is recommended that lawmakers revise the UU LLAJ to synchronize with the New KUHP, that Forkopimda Batam immediately ratify a local Integrated SKB as a legal umbrella for officials' discretion, and that the institutionalization of LAM Batam’s role as a neutral mediator be pursued to prevent economic discrimination.
LEGAL ANALYSIS OF THE EFFECTIVENESS OF THE POLICY OF REFUSAL OF ENTRY FOR FOREIGN CITIZENS IN THE FRAMEWORK OF MAINTAINING STATE SOVEREIGNTY AT THE SEA IMMIGRATION INSPECTION PLACE IN BATAM CITY (RESEARCH STUDY AT BATAM CENTER INTERNATIONAL PORT) Fajar Utama; Erniyanti; Fadlan; Soerya Respationo; Siti Nurkhotijah
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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The refusal of entry of foreign nationals constitutes a preventive immigration instrument that plays a strategic role in safeguarding the sovereignty, security, and public order of the Unitary State of the Republic of Indonesia. This study aims to analyze the legal framework, implementation, obstacles, and solutions concerning the effectiveness of the policy on the refusal of entry of foreign nationals as an instrument for safeguarding state sovereignty at the Sea Immigration Checkpoint in Batam City, particularly at Batam Center International Port. This research employs an empirical legal research method using statutory, conceptual, and empirical approaches. Data were collected through observation, interviews, documentation, and examination of primary and secondary legal materials. The findings indicate that, normatively, the refusal-of-entry policy has a legal foundation under Law Number 6 of 2011 on Immigration and Minister of Law and Human Rights Regulation Number 9 of 2024. However, its implementation remains not fully effective due to interpretive gaps concerning several grounds for refusal, particularly the clarity of the purpose of visit and the sufficiency of living expenses, which are not yet supported by uniform technical indicators and evidentiary parameters. Effectiveness is also affected by limited secondary inspection facilities, dependence on the reliability of immigration information systems and network connectivity, suboptimal integration of passenger manifest data, and the need to strengthen the competence and consistency of immigration officers. Therefore, regulatory and procedural improvements are required through measurable evidentiary indicators, strengthened infrastructure and immigration information systems, digitalization of refusal documentation, enhanced competence and integrity of immigration officers, and stronger inter-agency coordination. Ultimately, an effective refusal-of-entry policy must balance the facilitation of international mobility with firm law enforcement, thereby ensuring that state sovereignty is protected in an objective, accountable, and sustainable manner.
LEGAL ANALYSIS OF LAW ENFORCEMENT ON LATE PAYMENT OF MOTOR VEHICLE TAXES FOR TAXPAYERS (RESEARCH STUDY AT THE BINTAN SAMSAT OFFICE) Riza Rosalya; Fadlan; Erniyanti; Soerya Respationo; Siti Nurkhotijah
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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Motor Vehicle Tax (MVT) is one of the primary sources of Regional Original Revenue (Pendapatan Asli Daerah/PAD) that plays a crucial role in financing regional governance and development. However, the high rate of late Motor Vehicle Tax payments by taxpayers has negatively affected regional revenue collection and reduced the effectiveness of law enforcement in regional taxation. This study aims to examine the legal framework governing Motor Vehicle Tax, analyze the implementation of law enforcement against late tax payments, and identify the obstacles and potential solutions at the Bintan Samsat Office. This research employed an empirical legal research method using both a statutory approach and a sociological approach. Primary data were collected through interviews with officers of the Bintan Samsat Office and taxpayers, while secondary data were obtained through a review of relevant legislation, legal literature, and official documents concerning Motor Vehicle Tax. The collected data were analyzed qualitatively to evaluate the effectiveness of law enforcement in addressing late Motor Vehicle Tax payments. The findings reveal that law enforcement against late Motor Vehicle Tax payments at the Bintan Samsat Office has been implemented in accordance with Law Number 1 of 2022 on Financial Relations between the Central Government and Regional Governments, as well as the applicable regional regulations and implementing provisions on regional taxation. Enforcement measures include the imposition of administrative sanctions in the form of fines, public awareness and education programs, the provision of digital tax payment services, and joint vehicle inspection operations conducted with relevant government agencies. Nevertheless, these measures have not yet achieved optimal effectiveness due to several challenges, including taxpayers' low level of legal awareness, economic constraints, limited public understanding of tax obligations, and inadequate supervision and monitoring. In conclusion, although the enforcement of laws governing late Motor Vehicle Tax payments at the Bintan Samsat Office has been carried out in accordance with the prevailing legal framework, it has not been fully effective in improving taxpayer compliance. Therefore, greater efforts are required to strengthen public education and awareness programs, enhance supervision and the consistent enforcement of administrative sanctions, and optimize digital-based tax services to improve taxpayer compliance and maximize regional revenue from Motor Vehicle Tax.
IMPLEMENTATION OF THE NOTARY’S PRINCIPLE OF PRUDENCE IN THE PREPARATION OF AUTHENTIC DEEDS AS AN EFFORT TO PREVENT DISPUTES: AN EMPIRICAL STUDY IN BATAM CITY Markus Gunawan; Erniyanti
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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The principle of prudence is an important part of the implementation of the Notary's position in making authentic deeds. Notaries are required to act trustworthy, honest, thorough, independent, impartial, and protect the interests of the parties. The application of this principle is necessary to ensure legal certainty and prevent disputes due to identity errors, incomplete documents, unclear objects or problems in the will of the parties. This study aims to analyze the implementation of the Notary's prudence principle in making authentic deeds as an effort to prevent disputes in Batam City and identify obstacles and solutions in its implementation. The study uses an empirical legal research method with a statutory, conceptual, and sociological approach. Data were obtained through interviews with Notaries and related parties and studies of primary, secondary, and tertiary legal materials. The results of the study indicate that the Notary has implemented the principle of prudence through checking the identity and competence of the person appearing, verifying documents, checking the authority and object of legal acts, ensuring the will of the parties, providing legal counseling, and fulfilling the formal requirements for making deeds. Obstacles encountered include incomplete documents, data discrepancies, limited information from the parties, pressure to expedite the deed-making process, and difficulties verifying certain data. Implementing the precautionary principle has a preventive function in minimizing the risk of disputes and maintaining the evidentiary power of authentic deeds. Optimization efforts are carried out through multi-layered document examinations, improving the competence and professionalism of Notaries, providing legal counseling to the parties, utilizing technology in data verification, and improving coordination with relevant agencies. By consistently applying the precautionary principle, Notaries can provide legal certainty and protection while reducing the potential for disputes that arise after the deed is made.
IMPLEMENTATION OF GENERAL PRINCIPLES OF GOOD GOVERNMENT IN THE PROVISION OF PUBLIC SERVICES IN THE CITY OF BANDUNG Firdaus Arifin
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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This study examines the implementation of the general principles of good governance in public service delivery in Bandung City and formulates an operational model for strengthening legal compliance and service quality. It employs normative legal research using statutory, conceptual, and case approaches, supported by document analysis of national legislation, Bandung municipal legal instruments, public-service standards, and oversight reports. The analysis shows that legal certainty, public interest, impartiality, accuracy, non-abuse of authority, openness, proportionality, professionalism, and accountability must operate as mutually reinforcing standards throughout the service cycle. Bandung has developed digital services, integrated service mechanisms, information disclosure, and complaint channels; However, implementation remains vulnerable to fragmented service standards, unequal digital access, weak feedback loops, and output-oriented accountability. The study proposes an AUPB-based service control model that links published standards, traceable administrative decisions, inclusive access, complaint resolution deadlines, and corrective follow-up. The AUPB model shifts from an abstract ethical reference into measurable legal safeguards for citizens and an internal control framework for municipal agencies.

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