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fazari Zul Hasmi Kanggas
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INDONESIA
JICL
Published by Universitas Darussalam Gontor
ISSN : 26213311     EISSN : 2621329x     DOI : https://doi.org/10.21111/jicl
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Journal of Indonesian Comparative of Syariah Law JICL specializes in the study of legal comparison or legal thought which contains scientific works related to thoughts in the field of positif law, customary law, and Islamic law.
Arjuna Subject : -
Articles 31 Documents
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THE RENEWAL OF THE EVIDENTIARY PROCESS FOR THE CRIMINAL ACT OF SUPERNATURAL PRACTICES Meitria Cahyani; Febrian Arif Wicaksana; Andini Rachmawati; Fazari Zul Hasmi Kanggas; Aisyah Habibah Rahman
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
Publisher : Journal of Indonesian Comparative of Syari'ah Law

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Abstract

The practice of supernatural rituals in Indonesia continues despite advancements in science and technology, with various cases of fraud and abuse harming society, such as the cases involving shamans in Sukabumi and Yono. To address this issue, the government has regulated it under Article 252 of the 2023 Criminal Code (KUHP), which will take effect in 2026, aiming to curb harmful practices and prevent vigilante actions, although challenges in proving such offenses remain a major obstacle. This study employs a normative juridical approach, utilizing legal analysis and literature review methods related to evidentiary law in criminal offenses. Additionally, it examines the legal framework surrounding supernatural practices as a criminal act and how evidence is established under Article 252 of Law Number 1 of 2023 concerning the Criminal Code. The findings reveal that shamanic offenses were previously regulated under Articles 545 to 547 of the existing Criminal Code, but these provisions have been found inadequate in addressing harmful supernatural practices and fail to provide a deterrent effect due to lenient penalties.
THE DILEMMA OF DUAL OVERSIGHT BETWEEN THE KPK AND SOES IN HARMONIZING ACCOUNTABLE AND TRANSPARENT STATE CORPORATE GOVERNANCE Amirullah Amirullah; Sri Rahayu; Afifulloh Afifulloh; Ayu Febi Febrianti; Mutmainnah Mutmainnah
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

This study aims to analyze the dilemma of dual oversight between the Corruption Eradication Commission and State-Owned Enterprises within Indonesia’s positive legal framework. The core issue arises from overlapping authorities following the amendment of Law No. 19 of 2019 concerning the Corruption Eradication Commission, which created disharmony between public oversight functions and corporate autonomy. The research employs a normative juridical method with statutoryand conceptual approaches. The findings reveal that the intersection between the Corruption Eradication Commission Law and the State-Owned Enterprises Law has caused authority fragmentation and normative confusion in the state financial supervision system. This condition weakens Corruption Eradication Commission independence and increases the risk of impunity in state corporate management. The study recommends legal reform through the establishment of an integrated legal framework that strengthens inter-agency coordination and regulatory harmonization across sectors. In conclusion, aligning the legal frameworks governing Corruption Eradication Commission and State-Owned Enterprises oversight is essential to reinforce anti-corruption effectiveness and to realize a transparent, accountable, and equitable governance system for state enterprises.
ANALISIS POTENSI PELANGGARAN ETIKA DAN HUKUM DALAM PRAKTIK PODCAST JURNALISTIK DI INDONESIA Muhammad Alberto Persada
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

Advances in digital technology have given rise to a new form of innovation in the world of journalism, namely journalistic podcasts. However, the emergence of this format also has the potential to give rise to various ethical and legal violations in its implementation. The purpose of this study is to analyze and provide input for journalistic podcast practitioners to avoid potential ethical and legal violations. The research method used is a normative research method. The research findings indicate that journalistic podcast practitioners have the potential to commit ethical violations, including failing to verify and confirm information sources, failing to adhere to the principle of balance, failing to respect the privacy of others and the identity of children, failing to immediately retract and correct erroneous and inaccurate podcast content with an apology, and failing to provide the right of reply and correction proportionally. Potential legal violations by journalistic podcast practitioners include defamation and slander, the spread of false or fabricated news, violations of personal data, hate speech, and copyright infringement.
PERLINDUNGAN MEREK TERDAFTAR TERHADAP PELANGGARAN DI MARKETPLACE DIGITAL DI INDONESIA Narayana Khamil; Muhammad Haikal Wahyudi; Muhammad Humam Hikmah Nurwahid; Muhammad Rafly Alamsyah; Muhamad Pandu Septi Wiguna
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

The rapid development of digital technology has transformed trade transaction patterns, particularly through marketplace platforms. However, this phenomenon also presents challenges to the legal protection of registered trademarks, especially regarding infringements committed by irresponsible parties. This study aims to examine the concept and legal basis of trademark protection in Indonesia, identify the various forms of trademark infringement occurring in digital marketplaces, and analyze the liability of marketplace operators for infringements committed on their platforms. In addition, this research discusses the legal remedies and dispute resolution mechanisms available to trademark owners. The research method employed is normative juridical with a qualitative approach, based on an analysis of legislation and secondary sources such as journals, books, and official websites. The findings of this study indicate that the trademark protection system in Indonesia, particularly through the implementation of Law Number 20 of 2016 concerning Trademarks and Geographical Indications, provides a strong legal foundation for trademark owners to enforce their rights. Nevertheless, the effectiveness of such protection largely depends on the awareness, active participation of trademark owners, and the responsibility of marketplace operators in preventing and addressing infringements within the digital sphere.
STATELESS PERSON DAN KEJAHATAN PERANG DI PALESTINA PERSPEKTIF HUKUM HUKUM HUMANITER INTERNASIONAL Asa Barno Happy Ramadhany; Indriyana Dwi Mustikarini; Sarah Deghmoum
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

The purpose of this study is to analyze the status and protection of stateless persons affected by prolonged war. Stateless persons in Palestine are at high risk due to armed conflict, especially since they are not protected by any country and no one guarantees their human rights. This study uses a normative legal methodology by examining library materials to explore why and how the status and protection of stateless persons in Palestine is determined. This method is useful for identifying legal rules, principles, and doctrines to address the legal issues in this study. The results of the study show that there is a huge normative and practical gap. Although international humanitarian law provides a very solid framework, its effectiveness is limited due to Israel's non-compliance with international law. This reflects the imbalance between legal norms and the reality of enforcement and implementation, as well as the need to draft and ratify a Citizenship Law for all stateless persons in the world that is internationally recognized to strengthen the protection of international stateless persons in future armed conflicts, then amend the protocol on stateless persons in the 1949 Geneva Convention, and increase the active role of ICC State Parties, UNHCR and ICRC in fighting for the protection of stateless persons in conflict zones.
KEDUDUKAN ASET DIGITAL DALAM KEWARISAN PERSPEKTIF HUKUM PERDATA Nadela Nurima; Mairul Mairul
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

The digital transformation has introduced new forms of wealth in the form of digital assets, such as cryptocurrency, NFTs, e-wallets, and social media accounts. The existence of these assets raises legal challenges in the context of inheritance law in Indonesia, since the Indonesian Civil Code (KUHPerdata) does not explicitly regulate them. This study aims to analyze the legal status of digital assets as inheritance objects and evaluate the mechanisms of their transfer under Indonesian civil law. The research employs a normative juridical method with statutory, conceptual, and comparative approaches. The findings reveal a legal vacuum that causes uncertainty for heirs, particularly due to the discrepancy between the Civil Code provisions and the privacy policies of global digital platforms. This study recommends a progressive interpretation of Articles 499, 503, 830, 832, and 833 of the Civil Code to include digital assets as inheritance objects, as well as the establishment of national regulations governing digital inheritance, including digital wills and the appointment of digital executors. Thus, the study is expected to contribute both academically and practically to the development of inheritance law in Indonesia, making it more adaptive to technological advancements.
PENGARUH STRUKTUR MODAL DAN CASH FLOW TERHADAP KINERJA KEUANGAN PADA KOPERASI KREDIT SANGOSAY PERIODE 2019-2023 Rini Andriani; Rinaldi Rinaldi
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

Cooperatives play a vital role in driving national economic growth through the application of the principles of mutual cooperation and kinship. One cooperative that has significantly contributed to improving community welfare is the Sangosay Credit Cooperative, which operates in the East Nusa Tenggara region. However, in the 2019–2023 period, this cooperative experienced fluctuations in financial performance due to imbalances in capital structure and cash flow, particularly during the COVID-19 pandemic. This study aims to examine the effect of capital structure and cash flow on the financial performance of the Sangosay Credit Cooperative. The study used a quantitative approach with multiple linear regression analysis based on secondary data from five years of financial statements. The results of the analysis indicate that partially, capital structure and cash flow have a negative and significant effect on financial performance. Meanwhile, simultaneously, both variables have a significant effect with a calculated F value of 7.421, which is greater than the F table of 0.955 and a significance level of 0.050. These findings confirm that effective management of capital structure and cash flow plays a crucial role in maintaining financial stability and improving the operational efficiency of cooperatives.
PELEPASAN KONDOM TANPA PERSETUJUAN (STEALTHING): ANALISIS YURIDIS PELANGGARAN OTONOMI SEKSUAL DAN UNSUR KEKERASAN SEKSUAL Risky Waldo; Tubagus Ahmad Ramadan
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

The practice of nonconsensual condom removal or stealthing represents a form of sexual violence that has garnered intensive attention in international legal discourse, yet remains inadequately recognized within the Indonesian legal system. This research aims to analyze the juridical construction of stealthing as a violation of sexual autonomy and evaluate the adequacy of Indonesia's criminal law framework in accommodating such practice. Employing normative legal research methodology with statutory, conceptual, and comparative approaches, this study examines the Sexual Violence Crimes Law, the new Criminal Code, and regulations from various progressive jurisdictions. Research findings indicate that stealthing can be constructed as sexual violence violating sexual and reproductive autonomy through conditional consent theory and reproductive coercion framework. However, normative constructions in existing legislation do not explicitly accommodate this practice, resulting in legal vacuum. This research recommends legislative revision by adding specific provisions regarding stealthing, reformulation of consent concept, strengthening victim protection mechanisms, comprehensive sexuality education, and capacity building for law enforcement officials to provide adequate legal protection for victims.
The Impact of International Organization of Securities Commissions (IOSCO) Principles on Sukuk Suhaili bin Haji Momin; Hakimah Yaacob
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

In this century, local financial systems have faced unprecedented turmoil since the Global Financial Crisis (GFC) 2008, exacerbated by the COVID-19 pandemic even more severe according to several indicators. Regulatory failures linked to market failures provide the economic rationale for interventions, including additional regulations, though these often result in higher costs and lower benefits than anticipated, leading to net harmful effects. The International Organization of Securities Commissions (IOSCO) serves as a global partnership of regulatory bodies to establish standards for efficient, orderly, and fair markets. This study analyzes the impact of IOSCO Core Principles on the development of Sukuk—Shariah-compliant bonds that have grown rapidly over the past two decades. While flexible for conventional markets, their application to Shariah securities remains uncertain. Using a comprehensive analytical approach, this research evaluates the compatibility of IOSCO principles with Islamic financial products, demonstrating that structural adjustments and adaptive regulations can enhance the credibility, transparency, and sustainable growth of Sukuk. The findings emphasize coordination among regulators for an inclusive supervisory framework that integrates Shariah principles with global standards, promoting the fair integration of Islamic financial markets into the global system.
PERLINDUNGAN HUKUM BAGI DOKTER DALAM PENGUNGKAPAN RAHASIA MEDIS UNTUK TUJUAN ASURANSI KESEHATAN: STUDI PERBANDINGAN INDONESIA DAN MALAYSIA Yeni Vitrianingsih
Journal of Indonesian Comparative of Syari'ah Law Vol. 8 No. 3 (2025): Journal of Indonesian Comparative of Syari'ah Law (JICL): Jurnal Perbandingan H
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Abstract

This study aims to analyze and compare the legal protection mechanisms provided to physicians in Indonesia and Malaysia regarding the disclosure of medical confidentiality for insurance purposes. This study uses a normative juridical method with a statutory and comparative approach. Data were collected through a literature review of the Medical Practice Act, data confidentiality regulations, and Code of Ethics Council guidelines in both countries. The results show that Indonesia tends to provide conditional protection, where disclosure of confidentiality is mandatory based on the patient's written consent (informed consent) or statutory mandate, placing physicians at legal risk if such consent is not specific. Meanwhile, Malaysia, through the Personal Data Protection Act (PDPA) and related regulations, offers a more explicit protection framework for physicians if disclosures are made in accordance with hospital standard operating procedures (SOPs) and insurance policy terms, although this remains open to interpretation. In conclusion, regulatory harmonization in Indonesia is needed to clarify the boundaries and standard procedures for disclosing medical confidentiality to third parties (insurance companies), in order to provide greater certainty and protection for medical professionals.

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