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[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]]>
