cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Muh Barid Nizarudin Wajdi
Contact Email
baridnizar1@gmail.com
Phone
+6282232057858
Journal Mail Official
baridnizar1@gmail.com
Editorial Address
Jl. K.H. Abdul Fattah, Nglawak, Kertosono, KABUPATEN NGANJUK, Jawa Timur
Location
Kab. nganjuk,
Jawa timur
INDONESIA
VRISPRAAK, International Journal of Law
Published by STAI Miftahul Ula
ISSN : -     EISSN : 25974491     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
VRISPRAAK, International Journal of Law publishes research on various topics, national laws and international law, including analysis of laws and judges decisions. The journal has published some of the most popular and popular articles in this field. This is an invaluable resource for academics and also interested in current analysis of current legal issues.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 54 Documents
 2   3   4   5   6 
Strengthening Generation Z's Export-Import Competency through a Project-Based Collaborative Learning Model: An Islamic Law Perspective in the Era of Digital Transformation Setyawan, Wawan Herry; Maulidia Zahrotus Sa'adah
VRISPRAAK : International Journal of Law Vol. 9 No. 2 (2025): September 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/xzrfbm83

Abstract

The rapid pace of digital transformation has exacerbated the skills gap in the international trade sector, posing a significant challenge for Generation Z (Gen Z) entering the workforce. Traditional educational models often fail to equip them with the necessary technical, interpersonal, and strategic competencies. This research proposes the Project-Based Collaborative Learning (PBCL) model as an innovative pedagogical solution. However, from an Islamic law perspective, trade (tijarah) demands more than economic proficiency; it requires adherence to Sharia principles such as legality (halal), goodness (thayyib), and the avoidance of prohibited elements like usury (riba), uncertainty (gharar), and gambling (maysir). This study explores how the PBCL model not only enhances pedagogical effectiveness but also aligns with the higher objectives of Islamic law (Maqasid al-Shari'ah)—namely, the preservation of wealth (hifdz al-mal), the development of intellect (hifdz al-'aql), and the attainment of public benefit (maslahah 'ammah). By integrating Islamic business ethics (adab al-tijarah) into the curriculum, the PBCL model aims to cultivate a generation of Muslim professionals who are not only digitally savvy but also possess spiritual integrity and a sense of social responsibility in the global marketplace. Employing a qualitative descriptive approach, the study finds that the PBCL model significantly enhances Gen Z's competencies while simultaneously internalizing Islamic ethical values, making it a relevant and urgent framework for adoption in the digital era.
The Imperative of Inclusive Education in Islam: An Analysis of the Rights of Children with Special Needs Through the Lens of Maqasid al-Shari'ah Kurniawan, Erwin Hari; Fitria Rizki Rahmadani
VRISPRAAK : International Journal of Law Vol. 9 No. 2 (2025): September 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/tc05rf80

Abstract

Inclusive education represents the intersection of global human rights discourse and the imperative for social justice. However, its implementation within Muslim societies often requires a strong legitimation rooted in the Islamic theological and juridical tradition. This research aims to construct a juridical-philosophical argument regarding the right to education for children with special needs (CSN) by using the framework of Maq??id al-Shar?‘ah (the higher objectives of Islamic law) as its primary analytical tool. Through a qualitative method of hermeneutical library research, this article critically examines primary and secondary sources within the Islamic legal tradition. The analysis reveals that the educational rights of CSN are inherently supported by fundamental Islamic principles, such as universal human dignity (kar?mah ins?niyyah), justice (‘ad?lah), and the obligation to seek knowledge (?alab al-‘ilm). An analysis through Maq??id al-Shar?‘ah affirms that fulfilling this right is a direct manifestation of the effort to protect the five universal necessities (al-?ar?riyy?t al-khamsah): religion, life, intellect, lineage, and property. The findings have implications for the development of adaptive curricula, compassion-based (ra?mah) pedagogy, and proactive policies. It is concluded that Maq??id al-Shar?‘ah provides a dynamic and progressive ethical framework for advocating a truly inclusive and just educational system.
Maqashid al-Shariah as the Foundational Framework for Strengthening Islamic Economic Regulation in Indonesia Munir, Misbachul
VRISPRAAK : International Journal of Law Vol. 9 No. 2 (2025): September 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vy6acp19

Abstract

Abstract: The development of Islamic economics in Indonesia requires regulatory reinforcement that transcends formal legality and embodies the substantive values of Islamic law. Maqashid al-Shariah, with its five essential objectives protection of religion (hifz al-din), life (hifz al-nafs), intellect (hifz al-‘aql), lineage (hifz al-nasl), and wealth (hifz al-mal) offers an ideal paradigm for achieving maslahah (public welfare) within the Islamic economic system. This study aims to analyze the implementation of Maqashid al-Shariah principles in Indonesia’s Islamic economic regulations, while identifying key challenges and opportunities for integration. Employing a qualitative library research design, this study draws on both primary sources (laws, OJK and BI regulations, DSN-MUI fatwas) and secondary sources (books and peer-reviewed journal articles). Data were analyzed using content analysis to assess the extent to which current regulations reflect maqashid principles. The findings reveal that although Indonesia’s Islamic economic regulations have partially adopted maqashid values particularly in Shariah compliance (hifz al-din) and wealth protection (hifz al-mal) their implementation remains suboptimal. Major obstacles include regulatory fragmentation, limited financial literacy (hifz al-‘aql), and the dualism between secular and religious legal systems. Despite these challenges, the study highlights significant opportunities for reform, particularly through the establishment of a Comprehensive Islamic Economic Framework Law explicitly grounded in Maqashid al-Shariah. The research concludes that a more substantive, maqashid-based integration beyond formal legalism can revitalize Indonesia’s Islamic economic system toward inclusive, just, and sustainable growth aligned with global ethical finance trends.
Divorce Petitions by Female PPPK Employees in Indonesia:  A Socio-Legal Analysis of Legal Empowerment and Cultural Transformation Jamilah, Fitrotin
VRISPRAAK : International Journal of Law Vol. 9 No. 2 (2025): September 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/y1h2zp43

Abstract

This article aims to analyze the phenomenon of divorce petitions filed by wives working as Government Employees with Work Agreements (Pegawai Pemerintah dengan Perjanjian Kerja or PPPK) through a socio-legal perspective. The study is designed as a literature-based research that explores the increasing trend of divorce initiated by PPPK wives as a distinctive socio-legal phenomenon in contemporary Indonesia. The significance of this research lies in its attempt to interpret the issue not merely from a normative legal standpoint but as a complex interaction between economic independence, social mobility, and the transformation of legal culture. The status of PPPK acts as a catalyst for women’s legal empowerment, providing them with access to financial resources, information, and social networks that enhance their legal capability. Using Lawrence M. Friedman’s legal system theory, this study finds that the shifting legal culture among PPPK wives from a culture of endurance to a culture of exit serves as the primary driver activating the substantive and structural components of divorce law. The research concludes that divorce petitions by PPPK wives represent a form of agency and legal empowerment among modern Indonesian women, reflecting the dynamic interaction between law and changing socio-economic structures. Strengthening gender-sensitive legal awareness and responsive family law policies is therefore essential to accommodate this evolving social reality.  
The Procedure for Determining Regional Tax Increases in Indonesia: An Analysis of the Normative and Implementational Legal Gaps Aminah, Siti; Mohammad Sirojuddin
VRISPRAAK : International Journal of Law Vol. 9 No. 2 (2025): September 2025
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/6qxcqz48

Abstract

Regional autonomy positions regional taxation as a primary pillar of local revenue (Pendapatan Asli Daerah or PAD). The procedural framework for determining tax rate increases, as regulated in Law No. 28 of 2009 on Regional Taxes and Retributions (PDRD) and Law No. 1 of 2022 on Financial Relations between the Central and Regional Governments (HKPD), is designed to ensure legal certainty and fairness. However, in practice, these normative procedures often confront diverse social, political, and institutional realities at the regional level. This research aims to analyze the gap between the normative procedures for determining regional tax increases and their implementation across various regions in Indonesia, while also evaluating the integration of good governance principles within the process. Using a normative juridical method combined with a qualitative approach, the study examines secondary data drawn from the aforementioned laws and local regulations (Perda) in selected provinces such as Jakarta, Bali, East Kalimantan, and East Nusa Tenggara. The data are further supported by recent academic publications within the last five years. The findings reveal significant variations in implementation despite the comprehensive legal framework. Such gaps stem from differing institutional capacities, local political dynamics, and economic lobbying. The study concludes that the legitimacy and effectiveness of regional tax procedures depend not solely on legal compliance but also on the capacity of local actors to contextualize legal norms. Strengthening regional institutional capacity and promoting meaningful public participation are therefore crucial to bridging the gap between law and practice.
Division of Marital Property in Divorce Due to Domestic Violence: A Gender Justice Perspective Fitri, Abd. Basit Misbachul
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/vp7eck63

Abstract

The intersection of marital property division and domestic violence in Indonesian divorce proceedings reveals a profound gender justice deficit that existing family law frameworks have failed to adequately address. This study employs a normative-empirical legal research methodology to systematically examine whether the current legal regime governing marital property (harta bersama) division—under the Marriage Law Number 1 of 1974 as amended by Law Number 16 of 2019, the Compilation of Islamic Law (KHI), and Law Number 23 of 2004 on the Elimination of Domestic Violence (UUPKDRT)—sufficiently incorporates gender justice principles in cases where divorce is precipitated by domestic violence. Drawing on an analysis of selected court decisions from religious courts (Pengadilan Agama) and district courts (Pengadilan Negeri) from 2018 to 2023, supplemented by data from the National Commission on Violence Against Women (Komnas Perempuan), this study identifies a systematic pattern of gender injustice: courts consistently apply a formal equality standard in marital property division regardless of the history of domestic violence, thereby failing to account for the economic coercion, loss of earning capacity, and disproportionate unpaid labor contributions that characterize the economic experience of domestic violence survivors. Comparative analysis with Australia's Family Law Act and South Africa's Recognition of Customary Marriages Act illuminates viable reform pathways. The study proposes a gender-responsive marital property division framework that incorporates domestic violence as a factor requiring upward adjustment of the survivor's share, economic compensation for caregiving contributions, and procedural protections for survivors navigating property division proceedings.
Measuring Freedom at the Tip of the Gavel: Constitutional Implications of the 2026 National Criminal Code on Freedom of Expression and Civil Rights in Indonesia Zainal Fanani; Misbachul Munir
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/mvh95g22

Abstract

The enactment of Indonesia's new National Criminal Code (KUHP) in 2026 marks a significant milestone in the nation's legal history, yet it raises profound constitutional questions regarding the protection of freedom of expression and civil rights. This article examines the constitutional implications of the new KUHP by analyzing the tension between constitutional guarantees under Articles 28E and 28F of the 1945 Constitution and the substantive provisions of the Criminal Code that regulate defamation, blasphemy, and public order offenses. Based on a comprehensive literature review of fifty relevant studies, this article finds that while the Constitutional Court has played a pivotal role in reviewing the constitutionality of various provisions—striking down articles on contempt against the president while upholding blasphemy laws—significant ambiguities persist. Vague statutory formulations lacking the lex certa principle enable selective prosecution and disproportionately affect religious minorities, dissenters, and critical voices. Press freedom remains fragile due to overlapping legal regimes between the Press Law, the KUHP, and the Electronic Information and Transactions (ITE) Law, compounded by the rise of Strategic Lawsuits Against Public Participation (SLAPPs). Comparative analysis reveals that Indonesia lags behind countries such as Canada and Ireland in establishing clear public interest defenses and precise standards for restricting speech. This article identifies critical research gaps, particularly concerning public interest defenses and mechanisms for protecting minority voices. It concludes that the constitutional implications of the new KUHP hinge on resolving statutory ambiguities, strengthening judicial interpretations that prioritize human rights, and developing robust safeguards against arbitrary enforcement. Without these measures, the new Criminal Code risks becoming an instrument that stifles the very freedoms the Constitution seeks to protect.
Divisi Nafkah, Qiwamah, and Gender in Islamic Family Law: Between Patriarchal Construction and Egalitarian Reconstruction Nur Aula Yazid
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/r82q5c38

Abstract

The concepts of nafkah (spousal financial maintenance) and qiwamah (male guardianship) stand as the two most contested pillars of Islamic family law, occupying the intersection between centuries-old jurisprudential tradition and contemporary demands for gender justice. This article examines the classical construction of nafkah and qiwamah in Islamic jurisprudence and their codification in Indonesian positive law the Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) and the Marriage Law No. 1 of 1974 before analyzing the growing body of gender-critical scholarship that challenges their patriarchal underpinnings. Drawing on a qualitative-normative methodology with a comparative and gender-analytical approach, this study synthesizes recent academic literature (2018–2025) alongside primary sources including Qur’anic texts, classical fiqh manuals, and contemporary fatwas. The findings reveal that traditional nafkah which assigns exclusive financial responsibility to the husband and qiwamah which legitimizes singular male leadership are facing fundamental challenges from gender-sensitive interpretive frameworks. Reconstructive paradigms grounded in mub?dalah (reciprocity), maq??id al-shar?‘ah (higher objectives of Islamic law), and principles of substantive equality offer a compelling alternative in which nafkah is understood as a shared, capacity-based responsibility and qiwamah is reconceptualized as functional, consultative co-leadership. This article argues that responsive ijtih?d and fatwa issuance attentive to modern social realities, human rights norms, and the spirit of Islamic justice are essential for reforming Islamic family law in ways that are both authentically Islamic and genuinely equitable.
The Effectiveness of the Implementation of Restorative Justice in Resolving Minor Criminal Offenses in Indonesia Siti Fatimah; Ermanita Permatasari; Septiani Selly Susanti
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/stcqgp47

Abstract

This study examines the effectiveness of restorative justice (RJ) implementation in resolving minor criminal cases in Indonesia, with particular reference to Supreme Court Regulation Number 1 of 2024 and its predecessor Regulation Number 2 of 2012. Employing a normative-empirical legal research method, this paper analyzes primary legal materials, secondary literature, and court decision data from 2019 to 2023. The findings indicate that restorative justice has demonstrated significant potential in reducing recidivism rates, alleviating court backlog, and restoring harmonious social relationships between offenders and victims. However, implementation challenges persist, including inconsistent judicial interpretation, limited institutional capacity, and insufficient community participation. This study argues that a systemic legal reform encompassing legislative consolidation, judicial training, and community empowerment is indispensable for maximizing the effectiveness of restorative justice in Indonesia’s criminal justice system.
Jurisdictional Power and Legal Regimes in Language Preservation Iskandarsyah Siregar; Sabzali Musa Kahn
VRISPRAAK : International Journal of Law Vol. 10 No. 01 (2026): March 2026
Publisher : STAI Miftahul Ula Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59689/ksd30t94

Abstract

This linguistic study examines legal rules on language preservation using legal theory, critical discourse analysis, and corpus-based methods. We use a 2021–2026 legal-linguistic corpus of 126 public documents. Qualitative, quantitative, and triangulated analyses explore how legal discourse shapes preservation policies. The research finds that the wording and context of policy statements greatly influence their effectiveness. Heritage establishment, when supported by obligatory language and institutional enforcement, shows the strongest correlation with preservation (r = 0.73, p < .01). By contrast, references to freedoms in the Bracketing Frame Section are mostly declarative. They state rights rather than implement them, and those rights are only partly realised in practice. The Resource Frame introduces economic considerations and reduces the likelihood of Minicommodification, which is symbolic policy change. Qualitative analysis shows that legal texts function as performative discursive systems. In these systems, language and structure are crucial. Triangulated global data indicate that regions with enforceable legal frameworks demonstrate stronger language vitality, especially in educational settings. This contrasts with areas experiencing domain loss. However, digital linguistic equality remains uneven. Some processes are inaccessible to those outside relevant institutions. The study concludes that law serves as a linguistic agent. Effective preservation depends on enforceable, discourse-sensitive legal frameworks that adapt to technology.

Page 5 of 6 | Total Record : 54

 2   3   4   5   6 

Filter by Year

2023 2026


Reset
Filter By Issues
All Issue Vol. 10 No. 01 (2026): March 2026 Vol. 9 No. 2 (2025): September 2025 Vol. 9 No. 1 (2025): March 2025 Vol 9 No 1 (2025): March 2025 Vol. 8 No. 2 (2024): September 2024 Vol 8 No 2 (2024): September 2024 Vol 8 No 1 (2024): March 2024 Vol. 8 No. 1 (2024): March 2024 Vol 7 No 2 (2023): September 2023 Vol. 7 No. 2 (2023): September 2023