Custodia: Journal of Legal, Political, and Humanistic Inquiry
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.
Articles
74 Documents
<![CDATA[Analisis Syarat-Syarat Arbiter Dalam Undang-Undang No 30 Tahun 1999 Dan Peraturan Basyarnas Serta Implikasinya Terhadap Pelaksanaan Tugas Arbiter ]]>
<![CDATA[Damar Chandra Prasetyo]]>;
<![CDATA[Natama Khofifah Wardani]]>;
<![CDATA[Danaya Karima]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/hkqbwp56
<![CDATA[This study examines the differences in arbitrator requirements under Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution and the regulations of the National Sharia Arbitration Board (BASYARNAS), as well as their implications for the implementation of arbitral duties and the quality of arbitral awards. Law No. 30 of 1999 emphasizes formal legal qualifications, independence, and efficiency to ensure legal certainty and enforceability of arbitral decisions. In contrast, BASYARNAS introduces additional moral and religious requirements, requiring arbitrators to possess integrity and competence in Islamic law and sharia economic principles. These differences influence not only the procedural approach of arbitrators, but also the substance and orientation of arbitral reasoning. While general arbitration prioritizes contractual compliance and positive law, sharia arbitration integrates legal norms with ethical and religious considerations. The findings indicate that both frameworks operate complementarily within Indonesia’s plural legal system. Strengthening arbitrators’ legal expertise and ethical awareness is therefore essential to enhance the credibility, legitimacy, and justice of arbitration as an alternative dispute resolution mechanism. ]]>
<![CDATA[Analisis Dasar Hukum dan Implementasi Arbitrase Syariah Sebagai Alternatif Penyelesaian Sengketa dalam Perspektif Undang-Undang Nomor 30 Tahun 1999 ]]>
<![CDATA[Kaia Hati]]>;
<![CDATA[Muhammad Rafi Athaya Santoso]]>;
<![CDATA[Tegar Bayu Adjie Surono]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/pe4j9m40
<![CDATA[Sharia arbitration constitutes a non-litigation dispute resolution mechanism rooted in the principles of justice and deliberation as enshrined in Islamic law. This study aims to examine the legal foundations of sharia arbitration and its position as an alternative dispute resolution mechanism under Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution. The research adopts a normative legal approach by analyzing primary legal sources, including the Qur’an, the Hadith of the Prophet Muhammad (peace be upon him), as well as national statutory regulations, particularly Law No. 30 of 1999, the Compilation of Sharia Economic Law, and Supreme Court Regulation No. 14 of 2016. The findings indicate that the concepts of tahkim (arbitration) and sulh (amicable settlement) in Islamic law constitute the philosophical foundation of sharia arbitration in Indonesia, emphasizing the values of justice (‘adl), mutual consent of the parties, and deliberative consensus. Within the national legal framework, sharia arbitration attains juridical legitimacy through statutory recognition of arbitration as a civil dispute resolution mechanism outside the formal court system. Its implementation is carried out by institutions such as the National Sharia Arbitration Board (BASYARNAS) and BANI Sharia. Despite facing institutional and human resource constraints, sharia arbitration demonstrates strong prospects as an efficient and equitable dispute resolution mechanism]]>
<![CDATA[Dinamika dan Rekonstruksi Konsep Zakat dalam Hukum Islam Kontemporer di Era Ekonomi Digital ]]>
<![CDATA[Damar Chandra Prasetyo]]>;
<![CDATA[Muhammad Rafi Athaya Santoso]]>;
<![CDATA[Kaia Hati]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/gjgn8444
<![CDATA[Zakat is one of the essential instruments in Islamic law that embodies both worship and socio-economic dimensions. In classical jurisprudence, zakat was understood as an individual obligation limited to specific assets such as gold, silver, agricultural products, and livestock. With the emergence of modern forms of wealth such as professional income, stocks, and digital assets, a reinterpretation of zakat law is needed to maintain its relevance. This study aims to analyze the transformation of zakat within the framework of contemporary Islamic law using a normative juridical approach through library research. The results show that Islamic law demonstrates strong adaptability to social and economic changes while maintaining the principles of justice, welfare, and public benefit. Zakat has evolved from a personal act of worship into a socio-economic instrument that plays a vital role in poverty alleviation and equitable distribution of wealth. The transformation of zakat reflects the dynamic nature of Islamic law in addressing modern challenges without neglecting its core religious principles.]]>
<![CDATA[Strategi PT Indofood dalam Memasuki Pasar Nigeria Tahun 2024-2025 ]]>
<![CDATA[Iis Mulyani]]>;
<![CDATA[Lita Sari Rahayu]]>;
<![CDATA[Muhammad Rizki Al-Fataah]]>;
<![CDATA[Zalif Nasrudin]]>;
<![CDATA[Septianis Afipah]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/4jvdz151
<![CDATA[This study discusses PT Indofood's strategy in expanding its market penetration in Nigeria during 2024-2025, emphasizing the influence of the country's political structure and regulations on the dynamics of corporate expansion. Nigeria is a potential market with a large population, but political instability, fluctuations in import policies, and government intervention in the food sector create significant obstacles for multinational companies. The research uses a qualitative-descriptive approach through a single case study of Indofood and its joint venture, Dufil Prima Foods, utilizing secondary data from official reports, academic publications, and credible business reports to strengthen the validity of the findings. The results of the discussion show that fluctuating political stability and exchange rate liberalization policies affect Indofood's production costs, supply chain strategies, and marketing adaptation patterns. The company applies its advantages as an EMNC through cost efficiency, localization of raw materials, and value chain resilience to respond to political and economic risks. This study confirms that Indofood's success in Nigeria is highly dependent on its ability to read political dynamics and design adaptive strategies to changes in state policy.]]>
<![CDATA[Collaborative Governance in Preventing Corruption in Public Goods and Services Procurement in Ngawi Regency ]]>
<![CDATA[Reni Sulistyawati]]>;
<![CDATA[Lulus Udjiwati]]>;
<![CDATA[Khoyrul Anwar]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/fbzbsr29
<![CDATA[The commitment of the Ngawi Regency Government to preventing corruption in public procurement can be observed through the implementation of the collaborative governance concept. This study aims to analyze how collaborative governance practices are implemented in preventing corruption in the procurement of goods and services in Ngawi Regency, as well as to identify the factors that support and hinder the effectiveness of such collaboration. The research data were collected through observations and in-depth interviews, as well as documentation review of relevant literature and previous studies. The informants in this study included officials responsible for public procurement within the Ngawi Regency Government, the Ngawi Resort Police, the Ngawi District Attorney’s Office, and representatives of non-governmental organizations. Data analysis employed an interactive approach that emphasizes the cyclical, simultaneous, and iterative nature of the analytical process, which begins at the initial stage of data collection and continues through to the drawing of conclusions. Overall, the findings indicate that collaborative governance practices in preventing corruption in the procurement of goods and services in Ngawi Regency have shown a positive direction; however, further strengthening is still required in terms of the substantive aspects of collaboration. Existing collaboration tends to be more prominent in the form of administrative coordination among government institutions, while the involvement of the private sector and civil society remains limited. This condition suggests that collaborative governance has not yet been fully understood as a process of shared decision-making and joint oversight, but is still perceived primarily as a form of formal institutional cooperation.]]>
<![CDATA[Diplomasi Transisi Energi Indonesia: Strategi Lingkungan dan Negosiasi Investasi Hijau Global Periode 2023–2025 ]]>
<![CDATA[Akwal Waffi Kariswan]]>;
<![CDATA[Maulana Fasha Aralea]]>;
<![CDATA[Sekar Rahayu]]>;
<![CDATA[Syifa Nindia Destiany]]>;
<![CDATA[Diyah Pitaloka Rizki]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/8xehd452
<![CDATA[The global energy transition has made green investment a strategic issue in international relations, particularly for developing countries facing funding constraints and dependence on fossil fuels. Indonesia is in a crucial position due to its significant renewable energy potential, yet its continued reliance on coal as its primary energy source. This article aims to analyze Indonesia's energy transition diplomacy in attracting and managing global green investment in the 2023–2025 period. This research employs a qualitative approach, employing literature review and foreign policy analysis. Data were obtained from official government documents, international organization reports, and relevant scientific publications, and then analyzed using an environmental diplomacy framework. The analysis focuses on Indonesia's strategy for energy transition cooperation, particularly through the Just Energy Transition Partnership (JETP) scheme and involvement in global climate forums. The results show that Indonesia adopts an adaptive diplomatic strategy by balancing national development interests with global climate commitments. Environmental diplomacy is utilized as an instrument to enhance Indonesia's bargaining position in obtaining green investment, transition funding, and technical support. ]]>
<![CDATA[Diplomasi Lingkungan River Cleanup terhadap Pemulihan Sungai Cikapundung Tahun 2024 ]]>
<![CDATA[Zalif Nasrudin]]>;
<![CDATA[Iis Mulyani]]>;
<![CDATA[Lita Sari Rahayu]]>;
<![CDATA[Muhammad Rizki Al-Fataah]]>;
<![CDATA[Diyah Pitaloka Rizki]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/jf592981
<![CDATA[Pollution of the Cikapundung River, as a source of raw water and an important public space in the city of Bandung, poses ecological and social threats due to domestic waste, livestock waste, and plastic waste. This study analyzes environmental diplomacy through the contribution of River Cleanup to the restoration of the Cikapundung River within the framework of the Sustainable Development Goals (SDGs). The research approach is qualitative, using a case study method through literature review, documentation, and secondary data analysis on water quality and river cleanup programs. The theoretical framework uses Environmental Diplomacy and Collaborative Environmental Governance theories to explain the dynamics of cross-actor collaboration between communities, government, and the private sector. The results show that transnational collaboration facilitated by River Cleanup contributes to increased public awareness, reduced waste in several segments of the river, and strengthened river-caring community networks, thereby supporting the achievement of SDG 6, SDG 11, and SDG 17 in the Cikapundung River area.]]>
<![CDATA[Perlindungan Hukum Terhadap Hak-Hak Pekerja Lepas Dalam Perkembangan Gig Economy di Indonesia ]]>
<![CDATA[Komang Ayu Tri Aryani]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/gw9wsx40
<![CDATA[This rapid expansion of the gig economy in Indonesia has fundamentally transformed employment relations and raised critical legal issues concerning the protection of freelance workers’ rights. Digital platform-based work offers flexibility and efficiency, yet it simultaneously creates legal uncertainty due to the absence of clear employment status and adequate labor protections. Existing labor regulations, particularly Law Number 13 of 2003 on Manpower and Law Number 11 of 2020 on Job Creation, remain largely oriented toward traditional employment relationships and have not fully accommodated the unique characteristics of gig work. As a result, freelance workers often face unequal contractual positions, limited access to social security, and insufficient legal remedies. This study employs a normative legal research method with statutory and conceptual approaches to analyze the adequacy of current legal frameworks in protecting gig workers’ rights. The findings indicate the need for a legal reconstruction that emphasizes functional employment relations, strengthens state oversight, and integrates flexible yet protective regulatory mechanisms. Such an approach is essential to ensure legal certainty, distributive justice, and sustainable labor protection within Indonesia’s evolving digital economy.]]>
<![CDATA[Pembatalan Putusan Arbitrase Ad Hoc di Indonesia: Analisis Putusan Mahkamah Agung dalam Sengketa Konstruksi ]]>
<![CDATA[Sabitaqila Suma Farhaniatussafana]]>;
<![CDATA[Tri Utami]]>;
<![CDATA[Sawitri Yuli Hartati]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 2 (2025): December: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/a60t2p42
<![CDATA[This study examines the legal foundation and judicial reasoning applied by the Supreme Court of Indonesia in reviewing requests for annulment of ad hoc arbitration awards in construction disputes, focusing on how judges interpret the limited grounds for annulment under Law No. 30/1999. The analysis demonstrates that the Court consistently upholds the principle of finality while maintaining a strict supervisory threshold to ensure that the arbitration process remains free from fraud, hidden documents, or procedural manipulation. Construction disputes, which frequently involve complex technical assessments and high contractual risks, require judges to evaluate whether the alleged violations genuinely undermine the legitimacy of the arbitral process rather than merely reflect dissatisfaction with the decision. Findings show a clear judicial pattern that prioritizes procedural integrity over substantive reconsideration of the dispute, aligning national jurisprudence more closely with prevailing international standards. This approach strengthens legal certainty for construction-sector stakeholders while reinforcing the credibility of ad hoc arbitration as an efficient dispute resolution mechanism in Indonesia.]]>
<![CDATA[Perlindungan Hukum Wakaf Produktif di Indonesia: Analisis Putusan Pengadilan Agama Pandeglang Nomor 405/Pdt.G/2023/PA.Pdlg ]]>
<![CDATA[Sabitaqila Suma Farhaniatussafana]]>;
<![CDATA[Sheira Syaharani Kuan]]>;
<![CDATA[Tri Utami]]>;
<![CDATA[Sawitri Yuli Hartati]]>
<![CDATA[ Journal of Legal, Political, and Humanistic Inquiry Vol 1 No 3 (2026): March: Custodia: Journal of Legal, Political, and Humanistic Inquiry ]]>
Publisher : <![CDATA[CV SCRIPTA INTELEKTUAL MANDIRI ]]>
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DOI: 10.65310/jqm26r94
<![CDATA[This study examines the legal protection of productive waqf in Indonesia by analyzing the normative framework, administrative governance, and judicial considerations applied in the decision of the Pandeglang Religious Court Number 405/Pdt.G/2023/PA.Pdlg. The research employs a normative juridical method supported by a case-based analytical approach to understand how statutory provisions, waqf documentation, and factual findings influence the validation of a waqf asset. The study highlights that the reliability of waqf documents, the transparency of the nadzir’s management, and the consistency of field evidence are central to judicial reasoning in determining the legal certainty of productive waqf. It further identifies that the effectiveness of waqf protection depends on the integration of Islamic legal principles, statutory regulations, and institutional practice. Strengthened administrative systems, professional governance, and harmonized legal interpretation are needed to ensure that waqf assets maintain their perpetual purpose and fulfill their social and economic functions. Overall, the research provides a comprehensive view of how legal certainty is established in productive waqf disputes.]]>
