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
26 Documents
<![CDATA[Legal Certainty of Music Royalties in Commercial Public Spaces: Constitutional Court Decision No. 28/PUU-XXIII/2025 ]]>
<![CDATA[Muhammad Dwi Sakti Rahim]]>;
<![CDATA[Dolot Alhasni Bakung]]>;
<![CDATA[Nurul Fazri Elfikri]]>
<![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.v2i1.389
<![CDATA[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.]]>
<![CDATA[The Sebambangan Tradition: Legal Implications Under Indonesian Marriage Law ]]>
<![CDATA[Imam Afwa Robbi]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 1 No. 2 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v1i2.276
<![CDATA[The intersection of state, religious, and customary laws in Indonesia creates complex legal pluralism, particularly concerning the Sebambangan (customary elopement) tradition in Lampung. Often mischaracterized as criminal abduction, it fundamentally serves as a customary dispute resolution mechanism. This study examines the structural anatomy, sociological shifts, and legal implications of Sebambangan in Padang Ratu Village, Central Lampung, through the dual lenses of Indonesian Positive Marriage Law and Islamic jurisprudence ('Urf). Employing an empirical qualitative methodology with an anthropological jurisprudence approach, data were gathered through participant observation and in-depth interviews with customary leaders. The findings reveal that Sebambangan does not contravene the national Marriage Law; mutual consent is explicitly evidenced by the Tengepik letter, thereby nullifying criminal abduction elements. Within Islamic law, it is classified as 'Urf Sahih (valid custom) as it prevents adultery and facilitates formal marriage registration, provided it does not infringe upon prior betrothals. Ultimately, Sebambangan exemplifies a progressive legal pluralism where customary mediation seamlessly harmonizes with state administrative certainty and religious validity.]]>
<![CDATA[Asymmetric Risk Allocation in Foreign Direct Investment: Integrating Transnational Corporate Due Diligence ]]>
<![CDATA[Yauwnes Angel Wibowo]]>
<![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.v2i1.387
<![CDATA[This study examines the structural imbalance within the international investment regime, where Bilateral Investment Treaties facilitate asymmetric risk allocation by functioning as unpriced public insurance for multinational enterprises. The escalating volume of Investor-State Dispute Settlement claims and speculative valuation methods significantly restrict the host state's regulatory autonomy, inducing a detrimental regulatory chill. Utilizing doctrinal legal research with conceptual and statute approaches, this research analyzes the triangular interaction between extraterritorial home state regulations, host state pragmatism exemplified by Indonesia’s Omnibus Law and transnational corporate obligations. The findings reveal that current protections prioritize investor interests over sustainable public policy. Consequently, this study proposes integrating mandatory transnational due diligence as a jurisdictional filter for Fair and Equitable Treatment protection. Such recalibration, grounded in the principle of systemic integration, effectively limits expansive legitimate expectations and restores sovereign authority to regulate in the public interest, ensuring a more equitable distribution of investment risks within the global architecture.]]>
<![CDATA[Regulatory Reconstruction and Law Enforcement Effectiveness Regarding Electric Bicycle Use by Minors ]]>
<![CDATA[Aghi Syharil Abdullah]]>;
<![CDATA[Lisnawaty Wadju Badu]]>;
<![CDATA[Julius T. Mandjo]]>
<![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.v2i1.418
<![CDATA[The use of electric bicycles by underage children on public roads poses complex legal challenges in Indonesia. This study analyzes in depth the reconstruction of the juridical classification of electric bicycles and the effectiveness of law enforcement based on Law Number 22 of 2009 and Minister of Transportation Regulation Number 45 of 2020. Using a normative-empirical legal research method, this study compares domestic micro-mobility regulations with international standards in the European Union, Queensland, and Mongolia. The results indicate a legal uncertainty resulting from classification ambiguity between motorized and non-motorized vehicles, currently challenged under Constitutional Court Case Number 187/PUU-XXIV/2026. On-the-ground law enforcement is ineffective due to the absence of criminal penalties in the Ministerial Regulation, while public legal culture remains highly permissive. This article proposes a comprehensive regulatory reconstruction through technical standardization, strengthening administrative sanctions, and adopting the doctrine of vicarious criminal liability for negligent parents to ensure sustainable public safety.]]>
<![CDATA[Legal Protection Against the Circulation of Dangerous Cosmetics Through Cyber Markets in Gorontalo ]]>
<![CDATA[Aprilia R. Tomelo]]>;
<![CDATA[Nirwan Junus]]>;
<![CDATA[Julius T. Mandjo]]>
<![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.v2i1.419
<![CDATA[The circulation of toxic cosmetics in transnational marketplaces threatens public health law sovereignty within Gorontalo. This research analyzes supervisory effectiveness based on Law Number 17 of 2023 and formulates enforcement strategies integrating Maqashid asy-Syari'ah. Through empirical socio-legal methods, data collection was executed using cyber document tracking alongside interviews with local administrative authorities, subsequently analyzed deductively. The findings demonstrate that post-market instruments experience structural paralysis due to algorithmic exploitation legitimized by the safe harbor doctrine. This electronic regulatory disparity diametrically defeats the protection of life and universal welfare. As a conclusion, this article recommends an absolute transformation from intermediary immunity toward corporate criminal liability. The state is obligated to overhaul digital architecture by compelling commercial platforms to integrate automated pre-market content filtering mechanisms, which manifest the preventive principle of Sadd adz-Dzari'ah. Such preventive algorithmic standardization constitutes an imperative prerequisite to restoring consumer rights, safeguarding health, and achieving sustainable development targets globally.]]>
<![CDATA[Legal Standing of Artificial Intelligence as Inventors: An International Comparative Patent Study ]]>
<![CDATA[Fitrah Khairunnas]]>;
<![CDATA[Musawer Hakimi]]>;
<![CDATA[Sheik Mohamed]]>
<![CDATA[ Nusantara: Journal of Law and Islamic Law Vol. 1 No. 2 (2026): Nusantara: Journal of Law and Islamic Law ]]>
Publisher : <![CDATA[Yayasan Cerdas Pedia Indonesia ]]>
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DOI: 10.65101/nusantara.v1i2.453
<![CDATA[The autonomous generation of technical inventions by artificial intelligence creates a profound epistemological crisis within strictly anthropocentric global patent systems. This study aimed to critically analyze the legal standing of artificial inventors and resolve this acute normative vacuum through a comparative doctrinal methodology. The research found that major jurisdictions uniformly reject granting legal personhood to autonomous machines, restricting the inventor designation to biological humans. In Indonesia, although the recent patent amendment successfully expanded protection for digital inventions, it fatally neglected the statutory definition of an inventor, triggering a severe regulatory paradox. This article asserts that granting full legal personhood to artificial intelligence is fundamentally flawed; instead, it proposes the doctrine of augmented inventorship. By mandating a rigorous technical audit through a hybrid contribution statement, this prescriptive framework guarantees absolute traceability of human conception. Ultimately, this novel approach provides an international model that stimulates technological investment while safeguarding intellectual property integrity.]]>
