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Contact Name
Deo Renaldi Saputra
Contact Email
admin@scriptaintelektual.com
Phone
+6285709683865
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admin@scriptaintelektual.com
Editorial Address
Jalan Gunung Talang Timur Nomor 45, RT 005, RW 002, Desa Bendan Duwur Kecamatan Gajah Mungkur
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Kota semarang,
Jawa tengah
INDONESIA
Custodia: Journal of Legal, Political, and Humanistic Inquiry
ISSN : 31232116     EISSN : 31232108     DOI : 10.65310
Core Subject : Social,
Custodia: Journal of Legal, Political, and Humanistic Inquiry is a peer-reviewed academic journal that focuses on the dissemination of high-quality research in the fields of law, politics, and humanities. It serves as an open platform for scholars, researchers, practitioners, and students to publish original studies, theoretical analyses, and critical reflections that contribute to the understanding and advancement of legal, political, and humanistic thought. The journal welcomes manuscripts covering various topics, including constitutional and administrative law, human rights, political theory, governance, public policy, legal reform, social justice, ethics, philosophy, and cultural studies. All submissions undergo a rigorous double-blind peer-review process to ensure academic integrity, originality, and scholarly excellence. Custodia is published quarterly in March, June, September, and December, promoting intellectual dialogue, interdisciplinary collaboration, and innovative perspectives that support the development of legal, political, and humanistic scholarship at both national and international levels.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 94 Documents
Kebijakan Publik dan Politik Hukum dalam Administrasi Pemerintahan Akmal Priambodo; Husein Satria; Agestanio Yoniv Andana; Siti Arikah Nur Azizah; Muhammad Abrar Dwicofanny; Bagas Setyo Anggoro
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/ycaf4b83

Abstract

This article examines the relationship between public policy and legal politics in the context of government administration, focusing on their role in shaping governance quality and administrative effectiveness. Public policy is understood as a political and legal instrument that reflects state choices in regulating power, public interests, and institutional authority. Legal politics provides normative direction that determines how policies are formulated, implemented, and enforced within administrative practices. The study highlights that government administration functions not merely as a technical executor of policy but as a strategic arena where law, politics, and bureaucratic capacity interact. Through an analytical discussion, the article demonstrates that inconsistencies between legal frameworks and administrative implementation often lead to inefficiencies, reduced public trust, and weakened policy outcomes. Contemporary challenges such as decentralization, digital governance, environmental sustainability, and social justice demand innovative policy approaches supported by coherent legal orientation. The findings emphasize that effective government administration requires adaptive legal politics, strong institutional coordination, and a commitment to democratic values. Ultimately, the sustainability of public governance depends on the state’s ability to integrate public policy objectives with a responsive and accountable administrative system.
Rivalitas Politik dan Ideologi antara Dinasti Turki Utsmani dengan Dinasti Safawiyah Ragil Pangestu; Shabrina Fillah; Ronadia Ronadia; Hudaidah Hudaidah; Risa Marta Yati
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/f9va3b28

Abstract

This research explores the political and ideological contestation between the Ottoman and Safavid  empires during the 16th and 17th centuries, a period marked as one of the most influential rivalries in the history of the Islamic world. The study’s significance lies in its ability to reveal how theological distinctions between Sunni and Shia doctrines evolved into a struggle for political legitimacy and geopolitical supremacy across the Middle East. Employing the historical research method combined with a descriptive-analytical approach, this study follows the stages of heuristics, source evaluation,  interpretation, and historiography to reconstruct objectively the political interactions of both powers based on primary historical evidence. The result demonstrate that events from the battle of chaldiran 1514 to the Treaty of Zuhab 1639 not only represented an ideological confrontation but also reflected strategic maneuvers to preserve power equilibrium. Ultimately, the Ottoman-Safavid confrontation delineated a political and religious boundary that continued to shape the region into the modern era, while the post-Zuhab reconciliation exemplified how diplomacy and rational negotiation could ease tensions between rival Islamic states.
Peran Dinas Perhubungan Kota Surabaya dalam Pengelolaan Parkir Umum Pinggir Jalan yang Efektif dan Efisien Abel Dwi Purnomo
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/4fwq3s88

Abstract

The rapid development of digital technology has significantly transformed Islamic microfinance, particularly through the adoption of artificial intelligence in micro digital financial services. Artificial intelligence offers strong potential to enhance efficiency, transparency, and financial inclusion for underserved communities, especially within Islamic microfinance institutions such as Baitul Maal wat Tamwil. However, the integration of artificial intelligence also raises legal and ethical challenges related to accountability, data protection, Sharia compliance, and consumer protection. This study examines legal protection and regulatory frameworks governing the use of artificial intelligence in Islamic micro digital finance from the perspective of Islamic ethics and national law. Employing a normative juridical approach supported by literature analysis, the study emphasizes the need to align technological innovation with Sharia principles, ethical values, and positive legal norms. The findings show that artificial intelligence can promote transparency and financial inclusion when supported by clear legal regulation, effective Sharia supervision, and ethical governance. Overall, synergy between law, technology, and Islamic ethics is crucial to ensure sustainable, fair, and inclusive Islamic microfinance development.  
Pembinaan dan Pengawasan Perbankan: Rekonstruksi Kewenangan Bank Indonesia dan Otoritas Jasa Keuangan dalam Sistem Hukum Keuangan Nasional Difky Maulana; Restu Ramania; Yoga Ammar Arifin
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/x4cajm59

Abstract

This study comprehensively examines the legal aspects of separating the functions of banking supervision and development in Indonesia within the context of national financial institutional reform. The research focuses on the role of Bank Indonesia as the supervisory and developmental authority and the urgency of establishing an independent institution, namely the Financial Services Authority (OJK). The idea of separation emerged from the evaluation of Bank Indonesia’s performance in overseeing the banking sector following the 1998 economic crisis, where weak supervision contributed to financial instability. This research employs a juridical-sociological approach with a descriptive-analytical nature. The juridical approach analyzes legal norms contained in Law No. 23 of 1999 in conjunction with Law No. 3 of 2004 on Bank Indonesia and Law No. 10 of 1998 on Banking, while the sociological approach assesses their implementation effectiveness. The findings reveal that Bank Indonesia holds four key supervisory powers: licensing, regulation, control, and sanctioning. However, its dual role as a monetary authority and banking supervisor creates potential conflicts of interest and reduces supervision efficiency. Therefore, the separation of supervisory and developmental functions is a necessary institutional and legal reform to strengthen governance, enhance accountability, and ensure the stability of Indonesia’s financial system.  
Idealism and Realism in the Study of the Philosophy of Islamic Family Law Noni Kensiwi; Fiqi Restu Subekti
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/xs6xfx32

Abstract

The philosophy of Islamic family law is characterized by a persistent tension between normative Idealism and contextual Realism. Idealism emphasizes fidelity to divine texts, moral universality, and transcendent legal purposes, while Realism prioritizes empirical conditions, social effectiveness, and institutional implementation. This article examines the conceptual foundations of both paradigms and analyzes their practical implications for marriage, divorce, and inheritance within contemporary Muslim societies. Employing a qualitative normative methodology based on literature review, philosophical analysis, and comparative socio-legal studies, the article demonstrates that neither Idealism nor Realism alone can adequately address the complexity of modern family law challenges. The study argues that a maqasidiyah-oriented framework offers an effective epistemological synthesis by integrating teleological reasoning with contextual sensitivity. By treating the objectives of the Sharia as the primary normative reference while incorporating empirical data as interpretive guidance, maqasidiyah reconciles textual authority with social reality. The article concludes that this synthesis enables adaptive and accountable ijtihad, strengthens substantive justice, and enhances the relevance of Islamic family law in plural and evolving legal environments.
Perlindungan Hukum dan Pengaturan Pemanfaatan Kecerdasan Buatan Berbasis Etika Islam dalam Mendorong Transparansi dan Inklusi Keuangan Mikro Digital Nelly Nuraulya Fridayani; Zahra Nur Fauzi’ah; Ifan Fadillah; Karina Septi Nurhaliza; Muhammad Alvin Andang Taruna
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/he39t521

Abstract

The rapid development of digital technology has significantly transformed Islamic microfinance, particularly through the adoption of artificial intelligence in micro digital financial services. Artificial intelligence offers strong potential to enhance efficiency, transparency, and financial inclusion for underserved communities, especially within Islamic microfinance institutions such as Baitul Maal wat Tamwil. However, the integration of artificial intelligence also raises legal and ethical challenges related to accountability, data protection, Sharia compliance, and consumer protection. This study examines legal protection and regulatory frameworks governing the use of artificial intelligence in Islamic micro digital finance from the perspective of Islamic ethics and national law. Employing a normative juridical approach supported by literature analysis, the study emphasizes the need to align technological innovation with Sharia principles, ethical values, and positive legal norms. The findings show that artificial intelligence can promote transparency and financial inclusion when supported by clear legal regulation, effective Sharia supervision, and ethical governance. Overall, synergy between law, technology, and Islamic ethics is crucial to ensure sustainable, fair, and inclusive Islamic microfinance development.
Urgensi Pembaruan Hukum Dalam Menghadapi Kejahatan Yang Melibatkan Teknologi Kecerdasan Buatan AI Muhammad Kautsar Ibrahim; Mirza hafidz; Zidane Fadilah Hanung Atmaja
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/2dk3wh05

Abstract

The rapid development of digital technology based on artificial intelligence has given rise to new forms of crime characterized by complexity, adaptability, and a high degree of sophistication that challenge conventional criminal justice systems. This phenomenon has resulted in legal gaps and legal uncertainty, as existing regulations were not designed to comprehensively address the dynamic nature of technology-based crimes. The background of this study is rooted in the increasing challenges faced in law enforcement, the limitations of existing criminal law constructions, and the inadequate legal protection afforded to society and victims of digital crimes. This research employs a normative juridical method with a qualitative approach, utilizing library research through an examination of statutory regulations, legal doctrines, and relevant scholarly works. The findings indicate that the Indonesian criminal law system continues to face substantive, structural, and legal-cultural limitations in responding to crimes involving artificial intelligence technology. This study underscores the urgency of legal reform through the formulation of new legal norms that are adaptive and responsive, in order to address legal vacuums, strengthen legal certainty, and ensure legal protection and justice amid the increasingly rapid pace of technological development.  
Analisis Pengelolaan Arsip Sebagai Upaya Meningkatkan Pelayanan Administrasi di Kantor Desa Wirokerten Muhammad Rosyid Nugroho
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/q0320850

Abstract

Archive management is a crucial aspect in supporting the quality of administrative services at the village level, including at the Wirokerten Village Office. This study uses a qualitative method with a descriptive approach that emphasizes field observation, documentation studies, and analysis of physical and digital archive data. The results of the observation show that the implementation of systematic and integrated management of physical and digital archives can accelerate the process of administrative document services, improve the accuracy of data verification, and support the accountability and transparency of public services. The findings also indicate that the main obstacles still lie in old archives that have not been digitized and limited archival infrastructure, thus requiring further optimization. This study confirms that effective archive management is a strategic instrument for improving the responsiveness, efficiency, and professionalism of village administrative services. The practical implications include the development of a digital archive retrieval system and increased human resource capacity in archive management.
Kerjasama Indonesia dengan North Atlantic Treaty Organization dalam Global Army Trade Tahun 2019-2024 Maulana Fasha Aralea; Achdijat Sulaeman
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/bh5svn19

Abstract

Indonesia is the most powerful country in Southeast Asia and the 13th in the world, according to research from Global Firepower and the Stockholm International Peace Research Institute (SIPRI). However, Indonesia requires cooperation with other countries in military diplomacy on the international stage, while upholding the principle of an independent and active foreign policy. Therefore, Indonesia can collaborate with the North Atlantic Treaty Organization in global arms sales, including joint exercises. This research method uses qualitative research, which utilizes conditional observations on natural objects and data collection as explanatory information. The study results indicate that Indonesia can collaborate with North Atlantic Treaty Organization member states in defense development, such as the physical construction of the Minimum Essential Force (MEF) and Indonesia's role in joint exercises, with the caveat that Indonesia does not have an official relationship with NATO as a non-member country.
Produk Perbankan Syariah: Analisis Akad Penghimpunan Dana, Pembiayaan, dan Penyelesaian Sengketa Murabahah dalam Praktik Perbankan di Indonesia Fahmi Nuraziz Awaludin; Rayhan Ade Dwiyana; Naufal H
Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry
Publisher : CV SCRIPTA INTELEKTUAL MANDIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.65310/tzytsn73

Abstract

This study examines Islamic banking products with a particular emphasis on the legal analysis of fund-raising contracts, murabahah financing, and dispute resolution mechanisms in Indonesian banking practice. A normative juridical approach is employed to assess the coherence between Sharia principles, positive law provisions, and the contractual implementation adopted by Islamic banks. The findings indicate that fund-raising contracts based on wadiah and mudharabah carry significant legal implications for customer protection and the certainty of contractual relationships. Murabahah financing, as the dominant product, continues to face juridical challenges, notably in relation to the fulfillment of sale-and-purchase elements, margin transparency, and the allocation of risk between banks and customers. Murabahah disputes are commonly triggered by default and imbalanced contractual clauses, necessitating dispute resolution mechanisms that are fair, effective, and consistent with Sharia principles. Resolution through non-litigation processes, Sharia arbitration, and litigation underscores the pivotal role of contract quality as the foundation of legal protection. This study affirms that strengthening the legal aspects of contracts and harmonizing regulations are essential prerequisites for the sustainability of Islamic banking. The findings are expected to contribute conceptually to the development of Islamic banking law and to the sustained enhancement of public trust within a framework of legal justice at the national level.

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