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
Legal Certainty of Music Royalties in Commercial Public Spaces: Constitutional Court Decision No. 28/PUU-XXIII/2025
Muhammad Dwi Sakti Rahim;
Dolot Alhasni Bakung;
Nurul Fazri Elfikri
Nusantara: Journal of Law and Islamic Law Vol. 2 No. 1 (2026): Nusantara: Journal of Law and Islamic Law
Publisher : Yayasan Cerdas Pedia Indonesia
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.65101/nusantara.v2i1.389
Ambiguous stipulations in the Indonesian Copyright Law regarding royalty liabilities have historically disadvantaged performing artists through double claiming. This normative legal research examines Constitutional Court Decision 28/PUU-XXIII/2025 utilizing statutory, conceptual, and case approaches to evaluate its profound impact on music royalty governance. The analysis demonstrates that the ruling decisively resolves normative uncertainty by attributing strict royalty liability directly to commercial event organizers, simultaneously mandating objective statutory tariff standardization. Nevertheless, the discussion reveals persistent structural impediments concerning post-ruling implementation within the creative economy. These cPagelenges encompass low legal compliance among commercial users due to inadequate socialization, jurisdictional dualism between national and sectoral collective management organizations, and profound transparency deficits within the digital music information system. Consequently, while this landmark judicial intervention successfully restores normative legal certainty and protects creators' fundamental economic rights, realizing substantive justice necessitates comprehensive administrative harmonization, advanced digital transparency, and sustained legal education to foster optimal industry compliance.