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Rahmad Lubis
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INDONESIA
Dame Journal of Law
Published by Yayasan Pesantren Islam Literasi Nusantara
ISSN : -     EISSN : 30909422     DOI : https://doi.org/10.64344/djl
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
DJL | Dame Journal of Law is an open-access and peer-reviewed scientific journal that acts as an internationally reputable academic platform in studying the dynamics of cross-border law. The main focus of this journal is to analyze governance policies as well as legal aspects of civil rights, with particular attention to the context of developing countries. DJL covers various areas of legal studies, including but not limited to various fields such as: Civil law; Criminal law; Constitutional Law and State Administration; Customary Law and Local Wisdom; Customary Institution Law; Religious Jurisprudence Law; the Law of International Regimes; Governance and Legal Pluralism; Human Rights Law; Economic and Business Law; Environmental and Sustainability Law; Health Law and Bioethics; Cyber Law and Digital Technology; Maritime and Marine Law; Islamic Financial and Banking Law; Arbitration Law and Alternative Dispute Resolution; Intellectual Property Law; Tax Law and Public Finance Regulation;
Arjuna Subject : Ilmu Sosial - Hukum
Articles 7 Documents
 1 
Search results for , issue "Vol 2 No 1 (2026): DJL" : 7 Documents clear
Impoverishment of Perpetrators of Criminal Acts of Corruption as A Form of Punishment Alternative Sasmita , Rangga; Khatab , Muhammad; Machmud, Aris
Dame Journal of Law Vol 2 No 1 (2026): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v2i1.85

Abstract

Corruption in Indonesia has become a complex issue, systematically, structurally, and massively damaging the governance system. As a result, the exercise of state power cannot fully focus on public interest due to the widespread influence of corrupt behavior. This situation has raised public concern over the increasing prevalence of corruption, which causes significant losses to the state. This article employs a juridical legal approach. The findings indicate that impoverishment can serve as an alternative punishment that effectively deters corrupt actors. However, efforts to eradicate corruption through the impoverishment of corruptors in Indonesia have not been optimally implemented. The legal process has not yet exerted significant pressure through the confiscation of assets obtained from corruption or the restitution of state losses resulting from such crimes. A firmer implementation is necessary so that corruptors face a real deterrent effect in accordance with applicable laws and regulations. This research is expected to assist in identifying and analyzing the current legal regulations related to the impoverishment of perpetrators of corruption crimes, particularly in the context of asset confiscation from criminal proceeds. In addition, this research aims to examine and evaluate the implementation of court decisions against perpetrators of corruption crimes concerning asset recovery or the confiscation of unlawfully acquired wealth.
Child Custody Rights Resulting from Divorce of Inter-Religious Families from A Legal Perspective Islam: Hak Asuh Anak Akibat Perceraian Beda Agama dalam Persfektif Hukum Islam Nuratika Hasyim, Kamila; Hidayat, Yusup
Dame Journal of Law Vol 2 No 1 (2026): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v2i1.86

Abstract

Child custody remains one of the most contested issues in interfaith divorce cases, with polygamy frequently cited as a contributing factor to marital breakdown. These circumstances often result in legal disputes, particularly regarding which party holds the dominant legal authority in custodial matters. This research aims to explore the regulation of child custody in interreligious divorce from the perspectives of Islamic jurisprudence and Indonesian positive the research utilizes an integrative methodology that combines normative legal analysis with empirical investigation, utilizing document analysis from several judicial rulings. Legal references include Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and selected fatwas formulated and declared by the Indonesian Council of Ulama (MUI). analysis draws upon the theory of maslahah (public benefit), justice theory, and the principle of child rights protection. Findings suggest that, in Islamic law, custody of non-mummayiz children (under 12 years of age) is generally granted to the mother, unless disqualified due to specific circumstances such as religious conversion. Conversely, Indonesian national law prioritizes the "best interest of the child" principle when judges determine custody arrangements. Divorce does not nullify a parent's responsibility to provide financial support or uphold moral obligations toward the child. Custody may be reassigned if evidence of neglect or harm arises. Therefore, child custody decisions in interfaith divorces must be guided by a comprehensive consideration of the child’s spiritual, emotional, and overall well-being.
Profit-Sharing Agreements on Agricultural Land:  the Study of Socio Legal: Perjanjian Bagi Hasil di Lahan Pertanian: Studi Sosio-Legal Mulyono, Mulyono; Fuad, Fokky; Machmud, Aris
Dame Journal of Law Vol 2 No 1 (2026): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v2i1.87

Abstract

Profit sharing on agricultural land is common in rural communities in Indonesia. Profit sharing on agricultural land is generally carried out according to customary law in the form of mutual trust between landowners and cultivators. The purpose of this study is to analyze the legal culture in profit sharing on agricultural land for cultivators in Lamongan Regency and Kediri Regency. This study uses empirical legal research methods and the theory of Legal Culture. The researcher conducted field research in Lamongan Regency and Kediri Regency, East Java by conducting in-depth interviews for three months with respondents who are farmers and rice field owners who understand the Legal Culture of Farmers and Agricultural Cultivators. This study shows that agricultural land owners in Lamongan and Kediri show more profitable dominance than cultivators because of sustainable land ownership, which is a crucial production factor, while cultivators are vulnerable because they do not have land to meet their needs, even if they have land, the area is less than five hundred square meters.
Separation of Halal and Non-Halal Food Product Places by Retail Business Actors: Comparative Study of PP Number 42 of 2024 with The Dubai Food Code: Pemisahan Tempat Produk Makanan Halal dan Non-Halal oleh Pelaku Usaha Ritel: Studi Perbandingan PP Nomor 42 Tahun 2024 dengan Dubai Food Code Fitri Ashari, Arfiana; Adi Sudiro, Amoury; Machmud, Aris
Dame Journal of Law Vol 2 No 1 (2026): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v2i1.88

Abstract

The existence of unclear information on processed food product labels, especially related to halal ingredients, raises concerns for Muslim consumers who are entitled to get products in accordance with sharia. This study aims to study and compare the regulation of the separation of halal and non-halal product places by retail businesses based on Government Regulation No. 42 of 2024 and the Dubai Food Code. The method used is a normative legal approach with comparative legal analysis of the provisions of the two regulations. The results of this study indicate that although Indonesia has a legal basis regulates the obligation to physically separate halal and non-halal product palices, its implementation is still weak due to the absence of technical guidelines and structured supervision. In contrast, Dubai has established clear operational standards. Fields findings also reinforce the conclusion that retail businesses in Indonesia have not fully implemented the obligation of separation and transparency, as seen in products. This study recommends strengthening technical regulations and supervisory mechanisms at the retail level to protect the right of Muslim consumers as a whole.
Legal Uncertainty Regarding Pretrial Decisions Regarding Objects of Suspect Determination that have been Revoked and Declared Invalid: Ketidak Pastian Hukum Putusan Praperadilan tentang Objek Penetapan Tersangka yang telah Dibatalkan dan Dinyatakan Tidak Sah Ahmad, Suparji; Wirakusumah, R Ardi
Dame Journal of Law Vol 2 No 1 (2026): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v2i1.89

Abstract

This study examines the phenomenon of repetition of suspect determination in the Indonesian criminal law system, especially after the revocation of suspect determination through the pretrial mechanism. The pretrial process aims to test the legality of the actions of law enforcement officials, such as arrests, detentions, and determination of suspects, in order to protect human rights. However, legal problems arise when investigators again designate a person as a suspect after the determination of the suspect in the case is invalid based on a pretrial verdict, which raises questions about the legality of the act and the potential violation of the principle ne bis in idem, which is the prohibition of prosecuting someone for the same case more than once. This study aims to analyze the authority of investigators in issuing the same investigation warrant after the revocation of the suspect's designation, as well as its impact on the rights of suspects and applicable legal principles, such as justice and legal certainty. Through a normative juridical approach, this study identifies legal loopholes in the regulations governing the repetition of the determination of suspects after the cancellation of pretrial detention. This study also examines the application of the principle ne bis in idem comparatively in international law and Indonesian law, as well as evaluates the supervisory mechanism for investigator authority. The results of the study show that the Indonesian legal system needs significant revisions to provide legal certainty related to the repetition of the determination of suspects and strengthen supervision of law enforcement officials. The study provides recommendations to improve regulations, increase transparency in the legal process, and propose training for law enforcement officials to ensure better protection of human rights in every pro justicia legal process. Thus, this research contributes to the development of a fairer and more efficient criminal justice system, as well as increasing public trust in the integrity of the Indonesian legal system
Ulama, Bureaucrats, and Legislators: Political Negotiations in the Making of Marriage Law No. 1 Of 1974: Ulama, Birokrat, dan Legislator: Negosiasi Politik dalam Pembuatan Undang-Undang Perkawinan No 1 Tahun 1974 Farid, Miftah; Taufan, Rudi; Pratama, Riki
Dame Journal of Law Vol 2 No 1 (2026): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v2i1.90

Abstract

Law No. 1 of 1974 on Marriage marks a pivotal turning point in the formation of modern family law in Indonesia. While existing scholarship largely focuses on the statute’s normative content and social consequences, limited attention has been given to the political processes through which the law was produced. This article reconstructs the making of the 1974 Marriage Law as a negotiated political settlement among Islamic scholars (ulama), state bureaucrats, and legislators. Adopting a historical socio-legal approach, the study draws on ministerial archives, parliamentary records, policy documents, and contemporary media sources from 1967–1974, analyzed through process tracing to identify the causal mechanisms shaping legal outcomes. The findings demonstrate that the legislation evolved through four phases technocratic drafting, parliamentary contestation, informal elite lobbying, and final compromise during which competing moral, administrative, and political authorities constrained and accommodated one another. The resulting statute embodies a hybrid structure that recognizes religious legitimacy while placing family practices under state administrative control. The article proposes a triangular negotiation model to explain law-making as a multi-actor process and contributes to debates on moral regulation and managed legal pluralism in Muslim-majority societies.
Legal Awareness of Generation Z Regarding the Ban On Online Gambling in Indonesia: Case Study of Generation Z in the Cilandak Area of South Jakarta: Kesadaran Hukum Generasi Z tentang Larangan Perjudian Online di Indonesia: Studi Kasus Generasi Z di Kawasan Cilandak Jakarta Selatan Devina, Shalma; Suartini, Suartini
Dame Journal of Law Vol 2 No 1 (2026): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

This study aims to examine the level of legal awareness of Generation Z towards the prohibition of online gambling in Indonesia, with a focus on the Cilandak area, South Jakarta. The method used in this research is a qualitative study with empirical methods involving interviews with community leaders, school and village officials, and the distribution of questionnaires to Generation Z respondents. Data analysis was conducted to identify the level of legal understanding, forms of involvement, as well as perceptions of law enforcement and the effectiveness of the reporting system. The results show that the majority of respondents have good legal awareness and understand the risks and legal basis for prohibiting online gambling. However, vulnerability was also found in a small number of respondents who did not have a deep understanding and began to be exposed to gambling practices. The weakness of the monitoring system, the lack of continuous legal education, and the lack of optimal synergy between stakeholders are the main challenges in prevention. Therefore, a comprehensive strategy based on education, technology, and collaborative law enforcement is needed to build comprehensive protection for young people in the digital era.

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