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[Peran Pemerintah Kota Cilegon dalam Pembangunan Sarana Air Bersih Bagi Masyarakat di Daerah Perbukitan Kecamatan Pulomerak ]]>
<![CDATA[Nanda Sartika]]>;
<![CDATA[H. E. Rakhmat Jazuli]]>;
<![CDATA[Ahmad Rayhan]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/vbt5dp21
<![CDATA[This study examines the role of the Cilegon City Government in the development of clean water infrastructure for communities living in the hilly areas of Pulomerak District. Clean water is a fundamental public service that directly affects public health, environmental quality, and social welfare. Using a qualitative descriptive approach, this research analyzes policy frameworks, institutional roles, and implementation practices related to clean water development at the local level. The findings indicate that the Cilegon City Government plays a central role through regulatory authority, infrastructure development, and coordination with local institutions and communities. The development of clean water facilities has contributed to improved access to water, better sanitation practices, and reduced health risks among residents in hilly areas. However, several challenges remain, including geographical constraints, funding limitations, institutional coordination, and environmental sustainability. Community participation and integrated policy implementation emerge as key factors in ensuring the long-term sustainability of clean water services. This study highlights the importance of strengthening local governance capacity and collaborative approaches to achieve equitable and sustainable clean water provision in geographically constrained areas.]]>
<![CDATA[Kekuatan Hukum Meterai dalam Perjanjian Perdata: Analisis Keabsahan dan Kekuatan Pembuktian Menurut KUH Perdata ]]>
<![CDATA[Khoirul Anam]]>;
<![CDATA[Alfina Saharani]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/6x40yh98
<![CDATA[This study examines the legal force of stamp duty in civil agreements by analyzing its relationship with contractual validity and evidentiary strength under the Indonesian Civil Code. Using a normative juridical approach, the research focuses on statutory regulations, legal doctrines, and scholarly works related to contract law, evidentiary law, and stamp duty regulation. The findings demonstrate that stamp duty does not constitute a legal requirement for the validity of a civil agreement, as contractual validity is determined solely by the fulfillment of subjective and objective requirements stipulated in Article 1320 of the Civil Code. Stamp duty functions primarily as an administrative and fiscal instrument connected to the use of written documents as evidence in civil proceedings. Both conventional stamps and electronic stamps serve an equivalent role in supporting documentary evidence without altering the substantive legal relationship created by the parties’ consent. The study highlights the importance of distinguishing between contractual validity and evidentiary requirements to avoid legal misconceptions in contractual practices. Clarifying the legal position of stamp duty contributes to greater legal certainty and supports the adaptation of civil law to digital transactions while preserving fundamental principles of contract law. ]]>
<![CDATA[Optimalisasi Penyaluran Zakat dalam Perspektif Maqashid Syariah: Analisis Hukum Islam terhadap Model dan Efektivitas Pemberdayaan Mustahik ]]>
<![CDATA[Hafizan Adhimllah]]>;
<![CDATA[Yudi Gunawan]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/yhzm8k06
<![CDATA[Zakat plays a strategic role in the Islamic economic system as an instrument for wealth redistribution aimed at achieving social justice and sustainable welfare. This study examines the optimization of zakat distribution from the perspective of maqashid shariah through a normative legal analysis of Islamic law and the effectiveness of mustahik empowerment models. The research focuses on evaluating whether zakat distribution practices align with the objectives of protecting religion, life, intellect, lineage, and property. Using qualitative library research, this study analyzes various models of productive zakat implemented by zakat institutions and assesses their impact on the socio-economic welfare of mustahik. The findings indicate that zakat programs oriented toward empowerment, supported by strong governance, continuous assistance, and clear performance indicators based on maqashid shariah, tend to produce more sustainable outcomes. However, challenges remain in standardizing evaluation mechanisms and ensuring long-term program sustainability. This study concludes that integrating maqashid shariah into zakat management policies is essential to enhance effectiveness, accountability, and social impact. The results are expected to contribute to the development of more equitable and transformative zakat governance in Indonesia.]]>
<![CDATA[Prosedur Berperkara dalam Sistem Arbitrase: Studi perbandingan antara BANI dan BASYARNAS ]]>
<![CDATA[Reviana Putri Fadillah]]>;
<![CDATA[Zihan Fauziah]]>;
<![CDATA[Sawitri Yuli Hartati S]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/w3x8vc85
<![CDATA[This study examines the procedural framework governing dispute resolution before the Indonesian National Arbitration Board (BANI) and the National Sharia Arbitration Board (BASYARNAS), focusing on how both institutions construct and implement their respective adjudication stages. The analysis highlights that BANI operates with a highly systematized set of procedural guidelines supported by detailed administrative mechanisms, offering clarity and predictability for parties involved in commercial disputes. BASYARNAS, in contrast, integrates sharia principles into its procedural model, resulting in a hybrid structure that aligns national arbitration law with substantive Islamic legal norms, particularly in matters arising from muamalah-based contractual relationships. Both systems share the objective of providing efficient, confidential, and enforceable dispute settlement processes, yet the procedural differences observed demonstrate the need for further harmonization. Strengthening standardization, enhancing transparency, and improving institutional synergy between the two models may contribute to a more coherent national arbitration landscape. The findings provide an analytical foundation for future policy development and institutional refinement within Indonesia’s arbitration system.]]>
<![CDATA[Pemeriksaan Perdamaian dalam Arbitrase: Dasar Putusan Arbitrase untuk Menjamin Keadilan ]]>
<![CDATA[Olivia Tiara Dewi]]>;
<![CDATA[Mirna Nirmala Sari Harahap]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/pzetk309
<![CDATA[Arbitration is designed as an alternative dispute resolution mechanism that emphasizes efficiency, finality, and party autonomy. Nevertheless, the pursuit of justice within arbitration requires procedural safeguards that ensure fairness and balance between the disputing parties. One essential aspect in this regard is the examination of settlement during arbitral proceedings. This study analyzes the role of settlement examination as the legal basis of arbitral awards in guaranteeing justice, viewed through the perspective of Indonesian arbitration law. Using a normative legal research method, this paper examines statutory regulations, legal doctrines, and relevant scholarly opinions concerning arbitration and settlement mechanisms. The findings indicate that settlement examination strengthens substantive and procedural justice by providing space for dialogue, preventing inequality of bargaining positions, and enhancing voluntary compliance with arbitral awards. Moreover, arbitral awards that consider settlement aspects demonstrate stronger legitimacy and lower risks of annulment or enforcement disputes. The study concludes that settlement examination does not diminish the final and binding nature of arbitral awards, but rather enhances their quality and credibility. Accordingly, the integration of settlement examination should be regarded as a fundamental element in realizing just and effective arbitration. ]]>
<![CDATA[Penalaran Arbiter: Standar Penilaian Bukti dalam Arbitrase Syariah ]]>
<![CDATA[Audrey Naanthali Saputra]]>;
<![CDATA[Anita Dewi]]>;
<![CDATA[Sawitri Yuli Hartati S]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/avzvzt29
<![CDATA[This research examines the evidentiary process in sharia arbitration, particularly within the National Sharia Arbitration Board (BASYARNAS), by employing a normative juridical approach. The study focuses on analyzing written legal norms and legal principles governing evidence in sharia arbitration, as regulated under Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution, Law Number 21 of 2008 on Sharia Banking, and the BASYARNAS Procedural Rules. Primary legal materials consist of statutory regulations and relevant arbitration decisions, while secondary and tertiary materials include legal literature, academic journals, and legal dictionaries. The collected data are analyzed using descriptive-analytical methods and a comparative approach to identify differences between general arbitration and sharia arbitration evidentiary standards. The findings indicate that the evidentiary framework in sharia arbitration reflects flexibility and efficiency while adhering to sharia principles. Nevertheless, several challenges remain, particularly concerning the clarity of evidentiary standards and the adaptation to contemporary forms of evidence. Strengthening regulatory harmonization is therefore essential to enhance legal certainty and effectiveness in resolving sharia economic disputes through arbitration.]]>
<![CDATA[Prosedur Berperkara: Mekanisme Penyelesaian Sengketa pada Badan Arbitrase Syariah Nasional ]]>
<![CDATA[Dinda Fasyya]]>;
<![CDATA[Mujnah Fitria]]>;
<![CDATA[Nadhifa Kharida Nissa]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/wrpvb054
<![CDATA[This research examines the procedural mechanism for dispute resolution at the National Sharia Arbitration Board (BASYARNAS) as an alternative to litigation in resolving sharia-based disputes. The study aims to analyze the stages of proceedings, legal foundations, and effectiveness of arbitration procedures applied by BASYARNAS. This research employs a normative juridical method with a statutory and conceptual approach, utilizing primary legal materials such as laws and regulations related to arbitration and sharia economic disputes, as well as secondary legal materials in the form of books, journals, and legal literature. The results show that the dispute resolution mechanism at BASYARNAS is conducted through structured stages, including submission of arbitration claims, examination of disputes, and issuance of arbitration awards that are final and binding. The procedure emphasizes principles of justice, legal certainty, efficiency, and compliance with Islamic law. BASYARNAS plays a significant role in providing an effective dispute resolution forum for sharia economic actors; however, challenges remain in the implementation and execution of arbitration awards, particularly regarding public awareness and institutional support.]]>
<![CDATA[Kejahatan Korporasi dalam Kasus Bantuan Likuiditas Bank Indonesia (BLBI): Analisis Yuridis terhadap Penyimpangan, Pertanggungjawaban Hukum, dan Dampaknya terhadap Keuangan Negara ]]>
<![CDATA[Nur`ainy Agmilya Sasmitha]]>;
<![CDATA[Rahayu Sri Utami]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/tjd74a54
<![CDATA[The Bank Indonesia Liquidity Assistance (BLBI) case represents one of the most significant corporate crime cases in Indonesia’s banking history, revealing complex interactions between regulatory weaknesses, corporate misconduct, and state financial losses. This study examines corporate crime in the BLBI case through a juridical analysis focusing on deviations in fund utilization, legal accountability mechanisms, and their impact on state finances. The findings indicate that the misuse of BLBI funds was facilitated by inadequate banking supervision, weak corporate governance, and ineffective enforcement of prudential principles during the financial crisis. Although Indonesian law provides a framework for corporate criminal liability and asset recovery, practical implementation has faced substantial legal and institutional challenges. The BLBI case has caused not only massive financial losses to the state but also long-term consequences for public trust in the banking system and legal institutions. Therefore, strengthening legal accountability, enhancing transparency, and reforming banking supervision are essential measures to prevent similar corporate crimes and to safeguard state financial interests in the future.]]>
<![CDATA[Perlindungan Hak Anak Pasca Perceraian: Perspektif Hukum Keluarga Islam dan Kompilasi Hukum Islam ]]>
<![CDATA[Ahmad Ikhsan Ramadhan]]>;
<![CDATA[Diana Ramadani]]>;
<![CDATA[Rizky Hilmansyah]]>;
<![CDATA[Muhamad Mustajib Ramdani]]>;
<![CDATA[Muhamad Arifin Ilham]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/7zvbnn89
<![CDATA[The protection of children’s rights after divorce constitutes a crucial issue within Islamic family law and the Compilation of Islamic Law in Indonesia. Divorce often places children in a vulnerable position, particularly regarding custody, financial support, education, and psychological well-being. This study examines the protection of children’s rights after divorce from the perspective of Islamic family law and the Compilation of Islamic Law, emphasizing normative frameworks and their practical implementation. Using a normative juridical approach, this research analyzes statutory regulations, judicial decisions, and relevant scholarly studies related to post-divorce child protection. The findings indicate that although Islamic family law and national regulations provide a solid legal foundation for safeguarding children’s rights, significant challenges remain in enforcement, judicial consistency, and parental legal awareness. Judges play a decisive role in ensuring that court decisions reflect the best interests of the child by integrating legal, social, and moral considerations. Strengthening the protection of children’s rights requires regulatory harmonization, effective enforcement mechanisms, and a value-based approach rooted in justice and child welfare. This study contributes to the development of Islamic family law discourse by highlighting the need for a more responsive and child-centered legal framework. ]]>
<![CDATA[Rekonstruksi Hak Hadhanah dalam Hukum Keluarga Islam: Analisis Yuridis Pemberian Hak Asuh Anak kepada Ayah Pasca Perceraian ]]>
<![CDATA[Adila Syaidatun Nisa]]>;
<![CDATA[Fitria Adzuhri Mahyudin]]>;
<![CDATA[Tufatul Kholisoh]]>;
<![CDATA[Muhammad Hapipi Roif]]>;
<![CDATA[Rafli Ramdan]]>;
<![CDATA[Ahmad Fahrul Fauji]]>
<![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 ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65310/4bbczr85
<![CDATA[Divorce not only ends a marriage, but also has serious implications for the fulfillment of children's rights and welfare, particularly in terms of custody (hadhanah). Children are the most vulnerable to psychological, emotional, and social impacts resulting from parental conflict after divorce. In Islamic family law, custody rights for children who have not reached the age of discernment are, in principle, given to the mother as stipulated in Articles 105 and 156 of the Compilation of Islamic Law. However, in judicial practice, these custody rights can be transferred to the father if the mother is deemed incapable of ensuring the safety, welfare, and development of the child. This study aims to analyze the provisions of child custody in Islamic family law, identify the factors behind the granting of custody to the father, and examine the legal considerations in the determination. The research method uses a qualitative approach with normative legal techniques through a literature study of Islamic legal sources, laws and regulations, and academic literature. The results of the study show that granting custody to the father is legally justified if it better ensures the welfare and best interests of the child, which is the main principle in Islamic family law after divorce.]]>
