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Rahmad Lubis
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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 13 Documents
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Konsep Dinasti dalam Pembentukan Optima dalam Hukum Positif Indonesia dan Hukum Perdata Islam: Konsep Dinasti dalam Pembentukan Optima dalam Hukum Positif Indonesia dan Hukum Perdata Islam Taufik Hidayat; Dayang Rafidah binti Syariff M. Fuad; wahyudi
Dame Journal of Law Vol 1 No 2 (2025): DJL
Publisher : Yapilin Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64344/djl.v1i2.53

Abstract

This article examines the concept of Dinasti in Optima Forma from the perspectives of Indonesian positive law and Islamic civil law. The term "dynasty" in political and legal contexts is often understood as a hereditary transmission of power. Meanwhile, the Latin phrase in optima forma implies an ideal or most perfect form of a system. This study aims to evaluate whether a dynastic system in its ideal form can be accepted and institutionalized within national and Islamic legal frameworks, or whether it contradicts the principles of justice, meritocracy, and public welfare. The research employs a normative and comparative legal approach. The findings reveal both convergences and conceptual divergences between the two legal systems in assessing the legitimacy and validity of dynastic power structures.  
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.

Page 2 of 2 | Total Record : 13

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