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[Pencabutan Permohonan Dalam Praktik Penyelesaian Sengketa Arbitrase ]]>
<![CDATA[Muhammad Rajha Wardhiyani]]>;
<![CDATA[Yudi Gunawan]]>;
<![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/jymb6328
<![CDATA[This study examines the withdrawal of applications in arbitration dispute resolution practices in Indonesia from a normative legal perspective. Arbitration is designed as an efficient, final, and binding mechanism for resolving disputes outside the court system; however, the practice of withdrawing arbitration applications raises legal uncertainty due to the absence of explicit regulatory provisions. Law Number 30 of 1999 on Arbitration and Alternative Dispute Resolution does not comprehensively regulate the procedures, requirements, or legal consequences of such withdrawals. As a result, arbitration institutions apply differing approaches, which may affect procedural consistency and legal certainty. This research employs a normative juridical method by analyzing statutory regulations, arbitration institutional rules, Constitutional Court decisions, and relevant legal doctrines. The findings indicate that the lack of clear legal standards allows potential misuse of withdrawal rights and creates disparities in arbitration practice. In the context of sharia arbitration, this issue also relates to ethical principles and the protection of fairness in muamalah transactions. Therefore, strengthening legal norms and institutional guidelines regarding the withdrawal of arbitration applications is essential to ensure justice, legal certainty, and the credibility of arbitration as an alternative dispute resolution mechanism in Indonesia.]]>
<![CDATA[Dampak Apple Inc. Sebagai TNC terhadap Daya Saing dan Perkembangan Produk Lokal Advan di Indonesia ]]>
<![CDATA[Rivki Aprilian]]>;
<![CDATA[Muhammad Rifa]]>;
<![CDATA[Rayhan Muhammad Akmal]]>;
<![CDATA[Nazzir Abdul Majid]]>;
<![CDATA[Septianis Afipah]]>
<![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/dav2b171
<![CDATA[This study analyzes the impact of Apple Inc. as a transnational corporation on the competitiveness and development of local products produced by Advan in Indonesia through the lens of interdependence theory. Employing a qualitative descriptive approach based on secondary data, this research examines how global corporate dominance shapes local industrial dynamics. The findings indicate that Apple’s strong market position, supported by brand globalness, technological innovation, and integration into global value chains, generates competitive pressure on local producers. However, this pressure does not solely result in marginalization. Instead, it stimulates adaptive strategies among local firms, including product differentiation, price adjustments, and alignment with domestic consumer preferences. The study also highlights the strategic role of the Indonesian government in mediating global–local relations through industrial and regulatory policies such as the Local Content Requirement. Within the interdependence framework, the relationship between Apple and Advan reflects a complex interaction of competition and mutual reliance, where global firms depend on emerging markets while local industries leverage global standards as benchmarks for upgrading. This dynamic underscores the potential of transnational corporate presence to contribute to domestic industrial transformation when supported by coherent national policies. ]]>
<![CDATA[Studi Komparatif Antara Arbitrase Ad Hoc dan Arbitrase Institusional dalam Proses Penunjukan Arbiter dan Dampaknya terhadap Kasus Arbitrase ]]>
<![CDATA[Muhammad Iqbal Arieza]]>;
<![CDATA[Ahmad, Ahmad]]>
<![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/tdye6s79
<![CDATA[This study examines the comparative characteristics of ad hoc arbitration and institutional arbitration, with particular emphasis on the arbitrator appointment process and its impact on arbitral proceedings and outcomes. The research employs a normative juridical approach supported by comparative analysis of legal frameworks, arbitral practices, and relevant scholarly literature. The findings indicate that the method of appointing arbitrators plays a decisive role in shaping procedural fairness, the legitimacy of arbitral awards, and the effectiveness of their enforcement. Ad hoc arbitration offers substantial flexibility for the parties to determine arbitrators based on mutual agreement, yet this flexibility may generate legal uncertainty when appointment mechanisms are inadequately regulated. In contrast, institutional arbitration provides structured appointment procedures, ethical standards, and administrative oversight, which contribute to stronger legitimacy and higher acceptance of arbitral awards by national courts. The study concludes that institutional arbitration tends to offer greater legal certainty and enforceability, while ad hoc arbitration remains viable when supported by clear contractual arrangements. These distinctions highlight the strategic importance of arbitrator appointment mechanisms in achieving effective dispute resolution through arbitration.]]>
<![CDATA[Rekonstruksi Kewajiban Nafkah dalam Rumah Tangga: Analisis Yuridis Normatif terhadap Peran Istri sebagai Pencari Nafkah dalam Hukum Islam ]]>
<![CDATA[Dwi Husniyati]]>;
<![CDATA[Ridho Abdillah]]>;
<![CDATA[Ahsin Shidqi]]>;
<![CDATA[Husnaini Amiroh]]>;
<![CDATA[Rendi, Rendi]]>;
<![CDATA[Luthfan Tri Mukti]]>
<![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/enkyvd32
<![CDATA[This study discusses the Islamic legal perspective on the role of wives as breadwinners, based on the fact that the obligation to provide for the family, which should be the responsibility of the husband, often falls to the wife. To date, many wives play a role in helping their husbands to meet the family's economic needs, and some wives even become the main breadwinners. This study uses a normative juridical approach with a descriptive qualitative research design. Data collection techniques were carried out by examining various relevant literature such as the Qur'an, Hadith, fiqh books, Islamic law books, and scientific journals discussing the Islamic legal perspective on the role of wives as breadwinners. Data analysis was conducted using content analysis, which involved systematically interpreting the content of the source material through a process of categorization and meaning extraction. In Islamic law, providing for the family is the primary obligation of the husband, but economic, social, and cultural conditions often require wives to work to help support the family. This dual role of wives can strengthen household finances, but it can also cause tension and role conflicts. Therefore, balance and mutual understanding are important to maintain harmony.]]>
<![CDATA[Branding Politik “Gemoy”: Konstruksi Citra Prabowo Subianto–Gibran Rakabuming dalam Pemilihan Presiden 2024 ]]>
<![CDATA[Moch. Ardyan Aviansyah]]>;
<![CDATA[Ken Akya Aruna Bintang]]>;
<![CDATA[Salim, Salim]]>
<![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/kzxkhr27
<![CDATA[The study examines the political branding strategy of “Gemoy” in constructing the public image of Prabowo Subianto–Gibran Rakabuming during the 2024 Indonesian Presidential Election. Using a digital ethnography approach, the research explores how political messages, visual symbols, and interactive content were produced, circulated, and interpreted across social media platforms such as TikTok, Instagram, X, and YouTube. The findings reveal that the “Gemoy” branding represents a deliberate transformation of Prabowo’s long-established authoritative and military image into a more approachable, humorous, and human-centered persona. This shift aligns with the cultural preferences of younger voters, particularly Generation Z, who engage with political content through entertainment-oriented and participatory digital practices. Public responses indicate that political branding in the digital era operates through emotional resonance and symbolic closeness rather than purely rational political evaluation. Moreover, the study demonstrates that audiences actively participate in reconstructing political meanings through content replication, commentary, and viral trends. Overall, the “Gemoy” branding illustrates how contemporary political communication integrates popular culture and digital interaction to shape political perception and voter engagement. ]]>
<![CDATA[Kedudukan Anak Lahir dari Teknologi Uterus Buatan dalam Perspektif Hukum Keluarga Islam di Indonesia ]]>
<![CDATA[Hafiz Gilman Abdul Aziz]]>;
<![CDATA[Uswatun Hasanah]]>;
<![CDATA[Ghulam Ahmad Surya Negara]]>;
<![CDATA[Argiya Athala Putri]]>;
<![CDATA[Hasna Zahra Wahyuni]]>;
<![CDATA[Abdul Rafi Ardiyanto]]>
<![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/cy16na61
<![CDATA[The development of artificial womb technology raises complex legal questions regarding the status of children born through such technology within the framework of Islamic family law in Indonesia. This study aims to analyze the legal position of children born from artificial womb technology by examining normative Islamic legal principles, national regulations, and contemporary legal interpretations. Employing a normative juridical approach, this research reviews statutory provisions, including the Compilation of Islamic Law, marriage law, and relevant constitutional court decisions, alongside scholarly works on Islamic bioethics and maqāṣid al-sharī‘ah. The findings indicate that although Indonesian law has not explicitly regulated artificial womb technology, children born through this method may obtain full legal recognition provided that genetic lineage and lawful parental intent can be clearly established. The application of maqāṣid al-sharī‘ah, particularly the protection of lineage, dignity, and property, supports the recognition of civil rights, inheritance rights, and parental responsibilities toward such children. This study concludes that legal reform is necessary to ensure legal certainty and child protection in response to advances in reproductive technology, while maintaining harmony between scientific progress and Islamic legal values.]]>
<![CDATA[Politik Identitas dalam Pilkada Surabaya 2020: Dampaknya terhadap Dinamika Politik, Stabilitas Sosial, dan Integrasi Nasional ]]>
<![CDATA[Al Alimu Nur Rohman]]>;
<![CDATA[Hamaz Zazirah Zamzam Fath]]>;
<![CDATA[Dicky Febrian]]>
<![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/myvcns11
<![CDATA[This study examines the role of identity politics in the 2020 Surabaya mayoral election and its implications for political dynamics, social stability, and national integration. Using a qualitative case study approach, the research analyzes campaign strategies, media narratives, and public responses related to the utilization of religious and social identities during the election. The findings indicate that identity-based political strategies significantly influenced voter mobilization and electoral outcomes, contributing to the candidate’s victory. However, beyond electoral success, identity politics also generated social tensions, polarization, and public concern regarding the erosion of democratic substance. At the local level, identity politics strengthened political participation among certain groups, while simultaneously raising the risk of social fragmentation. At the national level, the Surabaya case reflects broader challenges to democratic consolidation and national integration in Indonesia’s plural society. The study concludes that while identity politics remains an unavoidable element of democratic competition, its excessive use may undermine social cohesion and democratic quality. Therefore, balanced political regulation, inclusive civic education, and ethical political practices are essential to sustaining a tolerant and integrative democratic system.]]>
<![CDATA[Prinsip Keabadian Manfaat dalam Hukum Wakaf: Telaah Filosofis dan Implikasinya bagi Pemberdayaan Umat ]]>
<![CDATA[Ramzy Ilya Dzimar]]>;
<![CDATA[Achmad Rafli Weking]]>;
<![CDATA[Fikri Erlangga]]>;
<![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/yj1c0n38
<![CDATA[The principle of perpetuity of benefit in waqf law represents a fundamental concept that connects religious devotion with sustainable social welfare. Waqf is not merely the act of transferring assets, but a long-term commitment to ensuring continuous benefits for society across generations. This study examines the philosophical foundations of the perpetuity of benefit in Islamic law and analyzes its legal formulation within the Indonesian waqf regulatory framework. Using a normative juridical and philosophical approach, the research highlights how Islamic legal principles, national legislation, and institutional practices interact in preserving the sustainability of waqf benefits. The findings indicate that the realization of perpetual benefit depends on professional waqf management, strong institutional support, effective supervision, and adaptive utilization of productive waqf instruments. Moreover, innovation in waqf management, including cash waqf and digital waqf, must remain aligned with sharia objectives and legal certainty. Ultimately, strengthening the principle of perpetuity of benefit positions waqf as a strategic instrument for empowering communities and supporting sustainable socio-economic development.]]>
<![CDATA[Hikmah Zakat dalam Perspektif Hukum Islam: Analisis Filosofis atas Relasi Manusia, Harta, dan Tuhan ]]>
<![CDATA[Muhammad Nazim Aldiansyah]]>;
<![CDATA[Rahma Alya Purwanto]]>
<![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/mhy3qk42
<![CDATA[This study is motivated by the urgency to understand the wisdom of zakat not merely as a ritual obligation, but as a philosophical construct that reflects the integral relationship between human beings, wealth, and God within the framework of Islamic law. The growing practice of zakat, supported by national collection data, illustrates complex theological and socio-economic dynamics that require deeper examination to prevent its meaning from being reduced to a simple act of charity. This research employs a qualitative-descriptive method through an analysis of classical fiqh literature, Indonesia’s regulatory framework on zakat, and official BAZNAS reports, all of which are interpreted using philosophical and Islamic legal approaches. The findings reveal that zakat embodies multifaceted wisdom, including self-purification, the affirmation of ethical ownership, and the restoration of social justice through structured wealth distribution. The analysis further highlights that strengthening zakat management systems both normatively and institutionally serves as a crucial foundation for reinforcing the relationship between spiritual obligations and public welfare in accordance with the principles of Islamic law.]]>
<![CDATA[Beda Agama Bukan Penghalang dalam Kewarisan Menurut Hukum Perdata ]]>
<![CDATA[Musa Azhari]]>;
<![CDATA[Nur Sania Dasopang]]>
<![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: 10.65310/6pqmd954
<![CDATA[This study examines the legal position of interfaith inheritance under Indonesian civil law, focusing on the principle that religious differences do not constitute an impediment to inheritance rights. Employing a normative legal research method, the study analyzes statutory regulations, doctrinal legal principles, and relevant court decisions governing inheritance under the Indonesian Civil Code (Burgerlijk Wetboek). The findings indicate that civil inheritance law is fundamentally based on blood relations and lawful marriage, rather than religious affiliation. As long as the legal requirements of heirs and inheritance objects are fulfilled, and no legal disqualifications apply, heirs of different religions remain entitled to inheritance rights. Judicial practice in general courts further demonstrates a consistent application of religious neutrality in inheritance disputes, reinforcing legal certainty and equality before the law. Although this approach differs from Islamic inheritance law, civil law serves as an inclusive legal framework that accommodates Indonesia’s pluralistic social structure. Consequently, civil inheritance law plays a crucial role in safeguarding civil rights and promoting justice within interfaith family relations.]]>
