Nusantara: Journal Law and Islamic Law
Nusantara: Journal of Law and Islamic Law is a peer-reviewed, open-access scholarly journal dedicated to the advancement of legal scholarship at the intersection of general law and Islamic jurisprudence. The journal aims to foster a rigorous intellectual dialogue between the unique legal traditions of the Indonesian archipelago (Nusantara) and broader global legal systems. We invite high-quality theoretical, empirical, and comparative research that critically examines legal developments, offering fresh insights into how local values interact with universal legal principles. Focus The primary focus of the journal is to publish cutting-edge research that bridges Indonesian legal issues with global legal discourse. We are particularly interested in manuscripts that: Analyze the harmonization of civil law, customary law (Adat), and Islamic law within pluralistic societies. Explore the role of law in addressing contemporary challenges in the Global South and the Muslim world. Provide comparative perspectives between the Indonesian legal system and other jurisdictions (e.g., Common Law, Civil Law, and Sharia-based systems). Scope The scope of Nusantara: Journal of Law and Islamic Law encompasses a wide range of topics, divided into two main clusters: General Law (National & International Dimensions) This cluster covers contemporary issues in positive law, examining them through the lens of Indonesian legislation and international conventions. Constitutional and Administrative Law: Democracy, regional autonomy, administrative justice, and good governance. Criminal Law and Justice System: Reform of the penal code, cybercrime, anti-corruption, and restorative justice. Private and Commercial Law: Contract law, intellectual property rights (IPR), digital economy regulation, and international trade law. International Law and Human Rights: Sovereignty, maritime law (UNCLOS), refugee protection, and the implementation of international human rights instruments in domestic courts. Environmental and Agrarian Law: Sustainable development, land disputes, forestry law, and climate change litigation. Islamic Law (Ahwal Al-Syakhsiyyah & Muamalah) This cluster focuses on the dynamic application of Islamic law in modern society, specifically within the context of the Nusantara civilization and the global Muslim community. Islamic Family Law: Marriage, divorce, inheritance, and gender equity in Muslim societies. Islamic Economic Law: Islamic banking and finance, Zakat and Waqf management, Halal industry regulations, and Sharia-compliant fintech. Islamic Constitutionalism: The relationship between state and religion, Sharia bylaws (Perda Syariah), and political Islam. Maqasid al-Shari’ah: Contemporary interpretations of the objectives of Sharia in addressing bioethics, human rights, and social justice. Customary Islamic Law: The acculturation of Islamic law with local customs (‘Urf) in Indonesia and Southeast Asia. Target Audience The journal is intended for legal scholars, judges, practitioners, policymakers, and graduate students worldwide who are interested in the evolving landscape of law in developing nations and the Muslim world.
Articles
21 Documents
<![CDATA[Strengthening Data Security Systems in the Cyber Notary to Ensure Legal Certainty ]]>
<![CDATA[Saebani, Alisya Rahma]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v1i3.291
<![CDATA[The implementation of cyber notary practices in Indonesia currently encounters profound regulatory fragmentation among the Law on Notary Public Office, Electronic Information and Transactions Law, and Personal Data Protection Law. This fundamental normative vacuum triggers significant legal uncertainty in securing clients' electronic data. This normative legal research aims to comprehensively analyze the interconnection of positive legal instruments regarding privacy protection within the digital notarial ecosystem. Utilizing statutory, conceptual, and comparative approaches, this study critically evaluates the obligations of notaries who now transform into personal data controllers bearing absolute liability. The research findings demonstrate that the absence of uniform information security standards substantially elevates the risks of system hacking and digital identity breaches. Therefore, this research concludes the urgency for regulatory harmonization that strictly mandates the implementation of privacy by design principles alongside the standardization of encrypted information security systems. This legal measure constitutes an imperative directive to mitigate cybercrime threats.]]>
<![CDATA[Optimizing Land Dispute Resolution Through Mediation: A Legal Analysis of Biau District, Buol Regency ]]>
<![CDATA[Moh. Ifan Ridwansyah]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Sri Nanang Meiske Kamba]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v2i1.324
<![CDATA[Alternative dispute resolution mechanisms in developing nations frequently experience structural dysfunctions within complex agrarian governance. This study examines the optimization of land dispute resolution through mediation in Biau District, Buol Regency. Employing a qualitative socio-legal approach, primary empirical data were gathered via purposive sampling across twenty-three key informants and analyzed rigorously using an interactive qualitative model. Grounded in Lawrence Friedman’s legal system theory, the findings reveal that mediation failures do not stem from statutory deficits, but rather from deep-seated structural pathologies, specifically uncertified local mediators, and cultural patron-client dynamics that systematically distort neutrality. Consequently, grassroots consensus frequently suffers from severe executive impotence. To resolve this procedural impasse, this article conceptualizes the Tripartite Alliance for Site Agrarian Resolution. This framework integrates local government, agrarian offices, and judicial courts via e-Court networks to transform informal settlements into legally binding settlement deeds (Acta van Dading), thereby guaranteeing absolute enforcement and sustainable agrarian justice.]]>
<![CDATA[Fair Value Determination for Minority Shareholder Appraisal Rights: Comparative Indonesia and Singapore ]]>
<![CDATA[Adin Pramudito Nugroho]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v2i1.325
<![CDATA[Indonesian corporate law formally recognizes minority shareholder appraisal rights but lacks methodological parameters for fair value determination, rendering statutory protections completely ineffective against majority shareholder oppression. This study conducts normative legal research utilizing statutory, conceptual, and comparative approaches to effectively contrast Indonesian regulations with Singaporean jurisprudence and global corporate valuation standards. Results reveal that Singapore proactively replaces statutory appraisal rights with comprehensive oppression remedies, empowering courts to strictly enforce commercial fairness via mandatory buyouts that absolutely prohibit minority discounts. In stark contrast, Indonesia's existing normative void systemically facilitates structural asymmetry and massive wealth appropriation. To fix this legal vacuum, Indonesia must rapidly reconstruct its corporate litigation framework by statutorily adopting established commercial fairness doctrines. Legislators must explicitly mandate binding judicial guidelines requiring independent financial valuers and formally abolish all minority discount applications. This vital systemic integration will successfully elevate domestic corporate governance toward superior global dispute resolution quality and justice.]]>
<![CDATA[Legal Protection for Borrowers in Default on Online Loan Agreements ]]>
<![CDATA[Kristianto Jansen Hengkengbala]]>;
<![CDATA[Weny Almoravid Dungga]]>;
<![CDATA[Zamroni Abdussamad]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v2i1.326
<![CDATA[This study critically examines the complex intersection of debtor default, personal data protection, and algorithmic governance within P2P lending platforms operating in Indonesia. Classical contract law under the Civil Code consistently fails to accommodate the structural asymmetries of digital agreements, wherein personal data is illegally weaponized as a de facto guarantee during default debt collection. Employing a normative legal methodology with both statutory and conceptual approaches, this paper systematically deconstructs the persistent illusion of preventive and repressive consumer protection mechanisms. The findings reveal that digital consent is systematically manufactured through predatory dark patterns, while existing dispute resolution frameworks remain slow against real time, irreversible social character assassination. Consequently, this study introduces the novel paradigm of integrated strict liability. This prescriptive model dictates that any algorithmic privacy violation by fintech platforms automatically forfeits their civil debt recovery rights, rendering the underlying electronic loan agreement null and void to definitively restore equity.]]>
<![CDATA[Harmonization of Administrative-Criminal Sanctions for State Losses After Constitutional Court Decision No.66/PUU-XXIV/2026 ]]>
<![CDATA[Risman Setiawan]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v1i3.378
<![CDATA[The harmonization of administrative and criminal sanctions in addressing state financial losses following Constitutional Court Decision No. 66/PUU-XXIV/2026. The primary issue involves overlapping authority between internal oversight bodies and law enforcement agencies, creating potential legal uncertainty for public officials. Using a quantitative, comparative research design, the study analyzes secondary data on state loss cases before and after the ruling through descriptive and inferential statistical methods. The findings indicate that applying actual loss parameters and clearly distinguishing between maladministration and criminal acts of corruption significantly improves legal certainty and enhances state asset recovery. Enhanced coordination between internal oversight bodies and law enforcement agencies increases the effectiveness of administrative compensation mechanisms. Overall, harmonizing sanctions based on the principle of ultimum remedium balances safeguarding official discretion and ensuring proportional enforcement of anti-corruption laws. The results provide guidance for law enforcement policies that prioritize asset recovery while preventing the undue criminalization of policy decisions.]]>
<![CDATA[Integrating ESG in Corporate Restructuring: Comparative Legal Frameworks of Indonesia and Singapore ]]>
<![CDATA[Sheilla Bintang Aerielisty]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v1i3.382
<![CDATA[This article comparatively analyzes the integration of Environmental, Social, and Governance (ESG) standards within corporate restructuring frameworks in Indonesia and Singapore. Driven by the global transition towards stakeholder capitalism, this study investigates how structural disparities in positive law and fiduciary duty doctrines dictate legal due diligence in mergers and acquisitions. Utilizing a comparative doctrinal methodology, the analysis applies stakeholder and legitimacy theories to evaluate the Indonesian Company Law and antitrust regulations against Singapore's mandatory reporting regime. The findings demonstrate that Indonesia's fragmented regulatory architecture and purely quantitative merger control mechanisms facilitate impression management, exposing acquiring entities to severe extraterritorial liabilities. Conversely, Singapore effectively mitigates these risks through institutionalized compliance and dynamic judicial interpretation. The research concludes that amending Indonesia's corporate law to mandate ESG due diligence and instituting a preliminary green antitrust evaluation are imperative to prevent greenwashing and ensure legal certainty in sustainable transnational business consolidation and corporate transactions.]]>
<![CDATA[Judicial Shift in Paternal Child Custody Based on The Best Interests Principle ]]>
<![CDATA[Iyut Paputungan]]>;
<![CDATA[Fence M. Wantu]]>;
<![CDATA[Mohamad Taufiq Zulfikar Sarson]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v2i1.383
<![CDATA[This article analyzes the judicial shift in granting child custody to fathers within Indonesian Islamic family law. Although hadhanah doctrine generally prioritizes mothers for children who have not reached mumayyiz age, Decision Number 2/Pdt.G/2025/PA.Tlm shows a different judicial construction. This normative legal research uses statutory and case approaches to examine the tension between maternal presumption under the Compilation of Islamic Law and the best interests of the child principle under Indonesian marriage and child protection laws. The study argues that paternal custody is not a deviation from hadhanah, but a contextual application of child-centered adjudication. The judge considered the father’s actual caregiving capacity, the child’s welfare, and the mother’s absence of objection as relevant legal facts. This decision reflects progressive legal reasoning that moves custody determination from formal parental priority toward evidentiary assessment of protection, stability, and child development in post-divorce family disputes before Indonesian religious courts today more decisively.]]>
<![CDATA[Juridical Analysis of The Management of Sugarcane Plantation Rights in Boalemo Regency ]]>
<![CDATA[Gunawan Rena]]>;
<![CDATA[Dolot Alhasni Bakung]]>;
<![CDATA[Fitran Amrain]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v2i1.384
<![CDATA[The maladministration of Sugarcane Plantation Rights (HGU) in Boalemo Regency has ignited structural conflicts, profoundly distorting agrarian justice and the social function of land. This normative legal research aims to analyze governance anomalies resulting in the deprivation of local communities' living spaces, while formulating a reconceptualization of oversight grounded in the Green Constitution and ecocracy. Utilizing statutory, conceptual, and case approaches, this study demonstrates that the formal legality of land registration instruments is frequently reduced to legitimize land commodification and ecological exploitation by corporate entities. The systemic failure of land authorities to evaluate the environmental obligations of right holders empirically creates a phenomenon of rightlessness for affected citizens. Therefore, this article concludes that a radical transformation of land governance is absolutely imperative. Oversight mechanisms must no longer rely rigidly on formal administrative procedures, but must integrate ecosystem sustainability parameters as mandatory prerequisites to effectively halt land grabbing and restore justice.]]>
<![CDATA[Proportionality Test in International Investment Agreements: Balancing Regulatory Sovereignty and Investor Protection ]]>
<![CDATA[Syifa Rizky Almasari]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 1 No. 3 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v1i3.385
<![CDATA[This study analyzes the jurisdictional clash between investor protection and host state regulatory sovereignty within modern international investment agreements. While new generation treaties incorporate explicit right to regulate provisions, arbitral tribunals frequently undermine these reforms through orthodox interpretations, creating a systemic arbitral backlash. Employing a normative legal methodology with statutory, conceptual, and case approaches, this research investigates the urgency of integrating the proportionality test into investor state dispute settlement. The systemic integration principle from the Vienna Convention on the Law of Treaties legitimizes this methodological transplantation. Results indicate that adopting proportionality as a mandatory standard of review effectively limits arbitral overreach, converting the conditional defenses of the state into inherent police powers. Contextualized within the new Model Bilateral Investment Treaty of Indonesia, this structural adaptation proves empirically vital. Ultimately, aligning national textual reforms with supranational proportionality analysis provides an equitable framework, successfully harmonizing absolute investment protections with public welfare mandates.]]>
<![CDATA[A Critique of Digital Consent and Freedom of Contract in Clickwrap Agreements ]]>
<![CDATA[Ahmad Mubarak]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v2i1.393
<![CDATA[This study critically examines the complex intersection of debtor default, personal data protection, and algorithmic governance within P2P lending platforms operating in Indonesia. Classical contract law under the Civil Code consistently fails to accommodate the structural asymmetries of digital agreements, wherein personal data is illegally weaponized as a de facto guarantee during default debt collection. Employing a normative legal methodology with both statutory and conceptual approaches, this paper systematically deconstructs the persistent illusion of preventive and repressive consumer protection mechanisms. The findings reveal that digital consent is systematically manufactured through predatory dark patterns, while existing dispute resolution frameworks remain slow against real time, irreversible social character assassination. Consequently, this study introduces the novel paradigm of integrated strict liability. This prescriptive model dictates that any algorithmic privacy violation by fintech platforms automatically forfeits their civil debt recovery rights, rendering the underlying electronic loan agreement null and void to definitively restore equity.]]>
