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
94 Documents
<![CDATA[Upaya Hukum untuk Mencegah Sengketa terhadap Debitur yang Mengalihkan Kredit Pemilikan Rumah Melalui Cessie ]]>
<![CDATA[Nur`ainy Agmilya Sasmitha]]>;
<![CDATA[Ahmad Heru Romadhon]]>
<![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/nke57p60
<![CDATA[The transfer of Home Ownership Credit (Kredit Pemilikan Rumah) through cessie constitutes a legally recognized mechanism for the assignment of receivables, yet it frequently generates legal disputes when debtor protection is inadequately ensured. This study examines legal efforts aimed at preventing disputes arising from the transfer of mortgage credit through cessie, with a particular focus on the position of debtors. Using a normative juridical approach, the research analyzes statutory regulations, legal doctrines, and relevant court decisions related to receivables transfer and security rights. The findings reveal that disputes commonly emerge due to insufficient notification to debtors, procedural deficiencies in the execution of cessie, and ambiguities concerning the continuity of mortgage guarantees. Preventive legal measures, including contractual clarity, compliance with statutory requirements, and strengthened institutional oversight, play a crucial role in reducing dispute potential. When preventive mechanisms fail, repressive legal remedies through litigation and alternative dispute resolution function as corrective instruments to restore legal balance. The study concludes that an integrated legal framework combining preventive and repressive measures is essential to ensure legal certainty and effective debtor protection in cessie-based mortgage transfers.]]>
<![CDATA[Pembagian Harta Warisan dalam Perspektif Hukum Islam, Hukum Adat, dan Hukum Perdata di Indonesia ]]>
<![CDATA[Indra Sakti]]>;
<![CDATA[Nursania 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/jzr4gw34
<![CDATA[This paradigm of Indonesian Islamic inheritance law is institutionalized in the Compilation of Islamic Law (KHI), which was enacted based on Presidential Instruction (Inpres) No. 1 of 1991. The provisions regarding inheritance are determined by Allah through His revelation in the Qur'an, which clearly articulates its intent and purpose. Various aspects still require clarification, both affirmative and detailed, as conveyed by the Prophet Muhammad (SAW) through his hadiths. Nevertheless, its application has sparked ongoing debate among Islamic legal scholars, which has been formulated into normative teachings. Inheritance law according to Islamic law is part of family law (al-Ahwalus Syahsiyah). This knowledge is very important to learn so that in the distribution of inheritance, there are no mistakes and it can be carried out as fairly as possible, because by studying Islamic inheritance law for Muslims, they will be able to fulfill their rights regarding inheritance after the death of the muwarris (decedent) and deliver it to the heirs who are entitled to receive it. Islamic inheritance law is a set of rules that governs the transfer of assets from a deceased person to their heirs. This means determining who the heirs are, the share of each heir, and determining the portion of the estate and inheritance given to the heirs.]]>
<![CDATA[Kewarisan Beda Agama dalam Perspektif Hukum Islam dan Kompilasi Hukum Islam: Analisis Normatif terhadap Putusan Pengadilan di Indonesia ]]>
<![CDATA[Sawaluddin Siregar]]>;
<![CDATA[Nursania 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/v877cw64
<![CDATA[This study examines the regulation of interfaith inheritance within the framework of Islamic law and the Compilation of Islamic Law (KHI) through a normative analysis of Indonesian court decisions. Islamic inheritance law fundamentally requires religious uniformity between the decedent and heirs, positioning religious difference as a legal impediment to inheritance. The KHI adopts classical Islamic jurisprudence by explicitly stipulating that only Muslim heirs are entitled to inherit from a Muslim decedent. However, judicial practice in Indonesia demonstrates a progressive development, particularly through Supreme Court decisions that introduce wasiat wajibah as an alternative legal mechanism to protect the civil rights of non-Muslim family members. This legal construction does not confer heir status but provides a mandatory bequest as a form of equitable distribution. The coexistence of strict normative rules and judicial discretion reflects an ongoing effort to balance legal certainty, justice, and social realities in pluralistic Indonesian society. The findings indicate that interfaith inheritance law in Indonesia evolves through jurisprudence rather than legislative reform, reinforcing the role of courts in bridging doctrinal rigidity and substantive justice.]]>
<![CDATA[Dekonstruksi Asas Kepastian Hukum dalam Regulasi Ketenagakerjaan Indonesia ]]>
<![CDATA[Deki Satriawan]]>;
<![CDATA[Hery Kurniawan Zaenal]]>;
<![CDATA[Achmad Nur Wachid]]>;
<![CDATA[Yudhistira Prawira Utama]]>;
<![CDATA[Marco Orias]]>
<![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: 10.65310/5jndj790
<![CDATA[This article examines the deconstruction of legal certainty within Indonesian labor regulation by situating it in contemporary political–legal transformations. Using systematic library research, the study synthesizes doctrinal analyses, constitutional debates, and critical legal scholarship on omnibus legislation, employment relations, and regulatory governance. The findings demonstrate that legal certainty has progressively shifted from a substantive principle protecting workers’ rights toward an instrumental and procedural construct serving regulatory flexibility, economic competitiveness, and administrative efficiency. This transformation produces normative fragmentation, weakens coherent protection standards, and generates interpretive asymmetries between legislation, implementing regulations, and judicial practices. By integrating deconstructive legal theory with labor law analysis, the article reveals how legal certainty operates as a contingent discourse rather than a fixed normative guarantee. The study contributes theoretically by reframing legal certainty as a dynamic and contested concept, and methodologically by offering a replicable synthesis model for critical normative research]]>
<![CDATA[Etika dan Integritas Pejabat Publik: Studi Kasus Pemalsuan Surat Tanah oleh Mantan PJ Walikota Tanjungpinang ]]>
<![CDATA[Elvia Putri Ayu Anggraini]]>;
<![CDATA[Alfitri Yusuffaza Khalifda Qrisdadra]]>
<![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/rx10fy87
<![CDATA[This study examines the ethical and integrity dimensions of public office through a normative analysis of land document forgery involving a former Acting Mayor of Tanjungpinang. Employing a library research design, the study synthesizes legal literature in criminal law, administrative law, land law, and public ethics to construct an integrative analytical framework. The findings indicate that land document forgery committed by public officials constitutes not merely an individual criminal act, but a structural ethical failure rooted in the abuse of public authority. The misuse of administrative power amplifies legal harm, undermines legal certainty in land administration, and erodes public trust in governmental institutions. Existing literature further reveals that fragmented enforcement mechanisms and sectoral ethical controls are insufficient to address misconduct involving high-ranking public officials. The study argues that effective prevention of land-related crimes requires the integration of ethical governance, institutional oversight, and legal accountability within public administration. By positioning ethics and integrity as core variables of legal analysis, this research contributes to a broader understanding of land forgery as a systemic governance failure rather than an isolated legal violation.]]>
<![CDATA[Pengaruh Tingkat Pendidikan terhadap Kualitas Kinerja Aparatur Desa Kacangan Kecamatan Tambakrejo Kabupaten Bojonegoro ]]>
<![CDATA[Akmal Bhagaskara]]>;
<![CDATA[Fitrotun Niswah]]>;
<![CDATA[Meirinawati, Meirinawati]]>;
<![CDATA[Eva Hany Fanida]]>
<![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/v1k6eh65
<![CDATA[This study examines the influence of education level on the quality of performance of village apparatus in Kacangan Village, Tambakrejo District, Bojonegoro Regency. The research employs a quantitative approach using primary data collected from respondents through structured questionnaires. Data analysis was conducted using descriptive statistics and inferential analysis, including simple and multiple linear regression tests. The results indicate that the education level of village apparatus has a positive and significant effect on overall performance quality, particularly on the productivity dimension. The coefficient of determination shows that education level explains a substantial proportion of performance variation among village apparatus. However, further analysis reveals that education level does not significantly affect other performance dimensions, namely service quality, responsiveness, responsibility, and accountability. These findings suggest that formal education alone is insufficient to enhance all aspects of village apparatus performance. Organizational systems, work experience, leadership, and institutional control mechanisms play a critical role in shaping service-oriented and accountable performance. Therefore, improving village governance requires an integrated approach that combines education with continuous training and effective organizational management. ]]>
<![CDATA[Kerjasama Indonesia-Australia Melalui World Mosquito Program Studi Kasus Pengendalian Demam Berdarah Dengue di Kota Bandung 2023–2024 ]]>
<![CDATA[Akwal Waffi Kariswan]]>;
<![CDATA[Achdijat Sulaeman]]>
<![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/y9763204
<![CDATA[This study examines Indonesia–Australia cooperation through the World Mosquito Program in controlling dengue fever in Bandung City during 2023–2024 from a global health diplomacy perspective. Using a qualitative interpretative library research design grounded in constructivist epistemology, the study synthesizes peer-reviewed literature and institutional documents on Wolbachia technology, bilateral cooperation, and dengue governance. The findings demonstrate that the impact of the program cannot be reduced to short-term epidemiological outcomes, but reflects a gradual transformation in vector control paradigms shaped by policy coordination, institutional learning, and transnational knowledge transfer. The cooperation functions not only as a technological intervention but also as a diplomatic mechanism that enhances policy legitimacy, governance capacity, and trust among stakeholders. Variations in effectiveness highlight the importance of local context, political commitment, and adaptive evaluation frameworks. The study argues that sustainability depends on the integration of global standards into domestic institutions and the alignment of preventive health innovation with national policy priorities. This research contributes to global health diplomacy scholarship by illustrating how bilateral cooperation operationalizes biotechnology within complex governance environments and long-term public health strategies.]]>
<![CDATA[Konsep Hadhanah dalam Hukum Islam dan Implementasinya dalam Kompilasi Hukum Islam di Indonesia ]]>
<![CDATA[Iqbal Pinayungan Munthe]]>;
<![CDATA[Nursania 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/t91a3c45
<![CDATA[This study examines the concept of hadhanah within Islamic law and its implementation in the Indonesian Compilation of Islamic Law through a normative–doctrinal library research design. The analysis positions hadhanah as a normative construct shaped by authoritative texts, juristic interpretations, and state legal institutionalization. By synthesizing classical fiqh doctrines, contemporary Islamic legal scholarship, and statutory norms, the study reveals that Islamic jurisprudence offers plural and flexible approaches to child custody, primarily oriented toward the protection and welfare of the child. The codification of hadhanah in the Compilation of Islamic Law represents a pragmatic effort to unify diverse doctrines into an operational legal framework that ensures legal certainty while retaining maslahat-oriented reasoning. Furthermore, the study finds that judicial practice in religious courts demonstrates a dynamic interaction between codified norms and social realities, where judicial discretion and contextual considerations play a decisive role. These findings indicate that the effectiveness of hadhanah depends not only on normative formulation but also on interpretative adaptability within legal institutions. The study contributes theoretically by clarifying the transformation of hadhanah from juristic doctrine to positive law and methodologically by offering a replicable framework for normative legal analysis in Islamic family law.]]>
<![CDATA[Deforestasi dan Krisis Ekologis Kalimantan: Dampak Regulasi Pembukaan Lahan terhadap Kesejahteraan dan Konflik Sosial Masyarakat ]]>
<![CDATA[Raha Bahari]]>;
<![CDATA[Mu’adil Faizin]]>
<![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: 10.65310/8wv3fd08
<![CDATA[This study discusses the ecological crisis caused by deforestation in Kalimantan, which stems from land ownership inequality and the way the state manages agrarian resources. Using qualitative and documentary methods through regulatory studies, environmental reports, academic journals, and visual data such as photographs and forest cover maps, this study explores how land clearing policies encourage deforestation and change the social life of communities. The results show that lax regulations and investment orientation give companies considerable leeway to clear land, resulting in land management practices that resemble the domein verklaring system, which is inconsistent with the principle of State Control Rights in the Basic Agrarian Law (UUPA). Land use changes then trigger biodiversity loss, ecosystem damage, and a reduction in the living space of local communities. Conflicts between communities and companies also increase due to unclear land rights and weak state protection, further weakening the position of communities. This study emphasizes that land ownership inequality can continue to recur and exacerbate environmental damage, necessitating more equitable agrarian policies that favor communities and align with the principles of environmental sustainability. ]]>
<![CDATA[Pemberdayaan Masyarakat Lokal dalam Pengembangan Desa Wisata Cikolelet Berdasarkan Peraturan Daerah Kabupaten Serang Nomor 8 Tahun 2014 Tentang Rencana Induk Pembangunan Kepariwisataan Kabupaten Serang Tahun 2014-2025 ]]>
<![CDATA[Sultan Cesar Khadafi]]>;
<![CDATA[Ikomatussuniah, Ikomatussuniah]]>;
<![CDATA[Ahmad Lanang Citrawan]]>
<![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/k822zd38
<![CDATA[This study examines local community empowerment in the development of Cikolelet Tourism Village in Serang Regency based on Regional Regulation Number 8 of 2014 concerning the Master Plan for Tourism Development of Serang Regency 2014–2025. The development of tourism villages is intended to optimize cultural potential and local wisdom in order to enhance the economic and social welfare of the community, as well as to serve as a strategy for poverty alleviation through job creation and the strengthening of micro, small, and medium enterprises (MSMEs). The research focuses on the implementation of local community empowerment and the obstacles encountered in the development of the tourism village. This study employs the Theory of Development Law and the Welfare State Theory, using a juridical-empirical method with a descriptive qualitative approach. The findings indicate that community empowerment has been carried out through institutional establishment, basic tourism training, and community involvement in activities based on local potential. However, its implementation has not yet been optimal due to uneven community participation. Major constraints include limited funding, weak intersectoral coordination, low levels of community participation, and limited access to information and technology, which ultimately hinder the optimal development of community capacity. ]]>
