Jurnal Sahabat ISNU SU is an academic journal dedicated to the development of knowledge and practice in the field of education. It serves as a platform for academics, researchers, practitioners, and students to publish both research findings and conceptual studies related to various educational issues. The scope of the journal covers a wide range of topics, from primary, secondary, to higher education, with a particular focus on curriculum development, teaching strategies, assessment, and competency building. It also includes studies on educational management and policy, encompassing leadership, school governance, public policy in education, and educational reform. In addition, the journal emphasizes research on educational technology, including the use of digital media, e-learning, technological innovations, and the integration of ICT in learning processes. Character and religious education also form an important focus, highlighting studies on values, morality, spirituality, and strengthening character education based on both local wisdom and global perspectives. The journal further explores educational psychology and learner development, covering cognitive, affective, and social aspects, as well as psychological approaches to teaching and learning. Vocational and skills education is also addressed, including vocational training, workforce development, entrepreneurship, and 21st-century skills. Moreover, Jurnal Sahabat ISNU SU provides space for the discussion of contemporary issues in education, such as inclusivity, multicultural education, special needs education, literacy and numeracy, as well as the challenges of globalization in education. Journal Title : Jurnal Sahabat ISNU SU Initials : JSISNU Frequency : Mei, September, Desember E-ISSN : 3064-0067 Chief Editor : Dr. Alfin Siregar, M. Pd. I DOI Prefix : 10.70826 Publisher : ISNU Sumatera Utara Accreditation : Garuda; Google Scholar INDEXED :
Compilation of Islamic Law as a Product of State Ijtihad: Analysis of its Position and Implementation in the Indonesian Legal System
This study examines the Compilation of Islamic Law (KHI) as a product of state ijtihad and analyzes its position and implementation in the Indonesian legal system. The background of this study is the need for harmonization between sharia norms and national law, amidst the complexity of modern society that demands legal certainty and substantive justice. The objectives of the study are to examine the position of the KHI in the national legal hierarchy, assess the effectiveness of its implementation in Religious Courts, and identify criticisms and challenges that arise in the context of contemporary social and legal developments. This study uses a normative legal research method with a statutory and conceptual approach through a literature review of laws and regulations, Islamic legal literature, fatwas of scholars, and related academic documents. The analysis is conducted descriptively and qualitatively to assess the position, relevance, and adaptability of the KHI in judicial practice. The results show that the KHI occupies a strategic position as an instrument for harmonizing Islamic law with national law, providing uniform guidelines for judges, and ensuring legal certainty. The implementation of the KHI has succeeded in delivering substantive justice through contextual interpretation, despite facing challenges from social change, human rights, and modern family dynamics. Critics of the KHI emphasize the need for text adaptation, socialization, and periodic revision to maintain its relevance. In conclusion, the KHI serves as a living legal instrument, integrating sharia principles, legal certainty, and societal interests. The study recommends regular evaluation, capacity building for judges, and contextual interpretation mechanisms to ensure the KHI remains effective and responsive to the needs of modern society.
Copyright (c) 2026 Abdul Rahman, Muhammad Sopyan, Khairuddin Hasibuan https://creativecommons.org/licenses/by-sa/4.0
Islamic Legal Politics in Indonesia: The Dynamics of Sharia Integration in the National Legal System
This study examines the politics of Islamic law in Indonesia and the dynamics of sharia integration within the national legal system. As a Muslim-majority country, Indonesia faces challenges in balancing the aspirations of Muslims with the principles of a pluralistic rule of law. The objectives of this study are to analyze the development of Islamic law from the colonial period to the modern era, to understand the process of integrating Islamic law through formal regulations, and to evaluate the challenges and prospects for the development of Islamic law within the context of national legal politics. The research method used is normative legal research with a statutory, historical, and conceptual approach. Data were obtained through a literature review of laws and regulations, academic literature, historical documents, and previous research on Islamic law and legal politics in Indonesia. The analysis was conducted qualitatively to interpret the relevance of sharia norms, national regulations, and the dynamics of legal politics. The results show that Islamic law in Indonesia developed through a long process of adaptation, starting from limited recognition during the colonial period, through the strengthening of religious courts and marriage law at the beginning of independence, to the integration of sharia economics in the modern era. State legal politics plays a strategic role in determining the direction of legislation, balancing the interests of the Muslim majority with the constitution, and ensuring the effective functioning of Islamic law. Key challenges include social diversity, regulatory harmonization, and implementation capacity. However, development prospects remain open through a maqasid al-Shariah-based approach. In conclusion, the integration of Islamic law in Indonesia is not merely a formality, but part of a national legal framework that is adaptive, relevant, and grounded in justice and the public interest. It is recommended to strengthen the capacity of religious courts, harmonize regulations, and raise public legal literacy to ensure Islamic law plays an optimal role in the national legal system.
Copyright (c) 2026 Sofwan Tambunan, Zaini Munawir, Ahmad Senang https://creativecommons.org/licenses/by-sa/4.0
Transformation of the Authority of Religious Courts in the Indonesian Judicial System
The Religious Courts are a key institution in the Indonesian judicial system, handling specific cases for Muslims, including marriage, inheritance, waqf, and Sharia-compliant economic disputes. Along with national social and legal developments, the authority of the Religious Courts has undergone significant transformation, reflecting the adaptation of Islamic law to contemporary needs. This study aims to analyze the history of the formation, development, and implications of strengthening the authority of the Religious Courts over Islamic law in Indonesia. The method used is normative legal research with a statutory, historical, and conceptual approach, through a literature review of laws, Supreme Court regulations, academic literature, and primary sources of Islamic law. The results show that the authority of the Religious Courts has expanded from handling family and inheritance cases to encompass the management of waqf and the resolution of Sharia-compliant economic disputes, including Sharia-compliant banking transactions and business contracts. This transformation affirms the legitimacy of Islamic law within the national system, expands public access to justice, enhances the professionalism of judges, and generates relevant contemporary Islamic legal precedents. In conclusion, strengthening the authority of the Religious Courts not only increases the effectiveness of the institution in upholding Sharia principles but also strengthens the integration of Islamic law into the national legal system. Research recommendations emphasize the need to improve the capacity of judges, harmonize Islamic and national legal regulations, and develop digital mechanisms and Sharia-based mediation to expand Religious Court services effectively and fairly.
Copyright (c) 2026 Eka putra zakran, Maya Surya https://creativecommons.org/licenses/by-sa/4.0
Analisis Hukum Perjanjian dalam Sistem Hukum Indonesia: Studi Kasus Wanprestasi pada Transaksi Jual Beli Online
Perjanjian merupakan instrumen hukum yang memiliki peran penting dalam aktivitas ekonomi dan bisnis. Dalam praktiknya, perjanjian tidak hanya berkaitan dengan kesepakatan para pihak, tetapi juga harus terintegrasi dengan sistem hukum nasional agar memiliki kekuatan hukum yang sah. Penelitian ini bertujuan untuk menganalisis penerapan hukum perjanjian dalam sistem hukum Indonesia melalui studi kasus wanprestasi pada transaksi jual beli online. Metode yang digunakan adalah studi pustaka dengan pendekatan kualitatif-deskriptif, didukung oleh analisis kasus. Hasil penelitian menunjukkan bahwa perjanjian jual beli online memiliki kekuatan hukum sepanjang memenuhi syarat sah perjanjian sebagaimana diatur dalam Pasal 1320 KUHPerdata. Namun, dalam praktik masih ditemukan berbagai kendala, seperti wanprestasi, lemahnya posisi konsumen, dan hambatan penegakan hukum. Oleh karena itu, diperlukan pemahaman hukum perjanjian yang komprehensif serta penguatan sistem penegakan hukum guna menciptakan kepastian dan perlindungan hukum dalam transaksi bisnis digital.
Copyright (c) 2026 Luluk Makhmia, Aida Rofiah, Putri Wulan Mandasari, Yoga Dwi Firmansyah, Firza Agung Prakos https://creativecommons.org/licenses/by-sa/4.0
Analysis of the Implementation of Law No. 35 of 2014 on Child Labor Protection in Indonesia: Challenges and Policy Reforms
Law No. 35 of 2014 concerning Amendments to Law No. 23 of 2002 concerning Child Protection explicitly prohibits the exploitation of minors. However, child labor remains a significant issue in Indonesia. This study examines how child labor protection laws are implemented, prioritizing law enforcement and policy reform. The study found that the implementation of Law No. 35/2014 faces obstacles such as weak cross-sectoral oversight, ineffective sanctions, and socio-economic factors in vulnerable areas such as North Sumatra. This was discovered using a normative legal approach and analysis of 2023-2025 BPS data. Violation cases have increased by 15% in the past three years, according to the findings. Therefore, increased criminal penalties, community-based rehabilitation programs, and strengthened coordination within the Ministry of Manpower and Social Affairs are necessary policy reforms. This study contributes to strengthening child protection laws in Indonesia.
Copyright (c) 2026 Misdin Arifin HM https://creativecommons.org/licenses/by-sa/4.0
International Arbitration and Its Implications for National Legal Sovereignty
International arbitration is a dispute resolution mechanism increasingly used in cross-border legal relations, particularly in the areas of international trade and foreign investment. While international arbitration provides legal certainty and protection for investors, it also has implications for national legal sovereignty, particularly when a country must comply with arbitral awards outside the national judicial system. This study aims to analyze the implications of international arbitration on national legal sovereignty by examining the legal framework of international arbitration and the response of the Indonesian legal system to international arbitral awards. The research method used is qualitative research with a normative juridical approach through a literature review of laws and regulations, international treaties, and related legal literature. The results indicate that international arbitration has the potential to limit state authority in establishing public policy, but still plays an important role in creating legal certainty and a conducive investment climate. Therefore, a strategy is needed to strengthen national legal sovereignty through regulatory reform, a consistent role for national courts, and increased institutional capacity so that the state can safeguard national interests without neglecting international legal commitments.
Copyright (c) 2026 Imamuddin, Aulia Hafhazah, Wardatul Jannah https://creativecommons.org/licenses/by-sa/4.0
Analysis of Jinayah Fiqh on Adultery and the Moral Damage of the Younger Generation
Adultery is viewed in Islamic law as an act that not only violates moral norms but also has broad legal and moral implications, especially for the character formation of the younger generation. The weakening of moral awareness due to the normalization of sexual relations outside of marriage raises concerns about the destruction of the value system protected by Islamic law. This article aims to examine the views of Islamic jurisprudence (fiqh jinayah) on adultery as a crime, its impact on the moral decay of the younger generation, and the purpose of establishing sanctions for adultery as a preventive measure. The research method used is normative legal research with a fiqh jinayah approach. The approaches applied include a normative Islamic regulatory approach (statute approach) through a study of the Qur'an and Hadith, and a conceptual approach (conceptual approach) by examining the thoughts of Islamic scholars regarding adultery and its punishment in Islamic criminal law. The research data sources are secondary legal materials obtained through literature studies, including fiqh jinayah books, Islamic criminal law books, scientific journals, and the opinions of relevant Islamic legal experts. Data analysis is conducted qualitatively by interpreting and constructing Islamic legal norms to obtain a comprehensive understanding. The results of the study show that jinayah fiqh views adultery sanctions as an instrument for maintaining morals and protecting society, which is directed at preventing the spread of moral damage, especially among the younger generation.
Copyright (c) 2026 abdul, Annisa Putri Sinaga, Vressillia Witama, Irpan Mauliandi Damanik, Arsyad Rizki Pratama https://creativecommons.org/licenses/by-sa/4.0
Life Insurance as a Family Financial Protection Instrument: A Legal and Practical Study
Life insurance is a crucial instrument for providing financial protection for families, particularly in the event of the death of the primary breadwinner. This study aims to examine the role of life insurance as a means of family financial protection from a legal perspective and its practical application. The study focuses on the legal standing of the parties in a life insurance agreement, the implementation of claims, and their legal implications for family protection. The research method used is normative legal research with a statutory and conceptual approach. Data were obtained through a literature review of laws and regulations, legal literature, and documents related to life insurance. The research stages include collecting legal materials, analyzing relevant legal provisions, and drawing conclusions based on the results of the study. The results indicate that life insurance plays a strategic role in maintaining family economic stability and providing legal certainty for beneficiaries. However, in practice, problems remain, particularly related to policyholder understanding and the insurance claims process. The discussion emphasizes the importance of clear agreements, information transparency, and legal education for life insurance to function optimally as an instrument of financial and legal protection for families.
Copyright (c) 2026 Billy Prasetyo, Muhammad Jogi Uliando, Dhenis Indrawan, Andi Ghani Hasibuan, Nurleli Suseno https://creativecommons.org/licenses/by-sa/4.0
Concealing the ancestry of adopted children is a legal issue with serious implications, both from a criminal law and Islamic law perspective. This practice not only has the potential to violate statutory provisions but also contradicts the principle of clarity of lineage, which is highly respected in Islamic teachings. This study aims to analyze the legal status and consequences of concealing the ancestry of adopted children from the perspective of Indonesian criminal law and Islamic law. The research method used is normative legal research with a statutory and conceptual approach, through a review of laws and regulations, the Compilation of Islamic Law, and relevant legal literature. The results show that under Indonesian criminal law, concealing the ancestry of adopted children can be classified as a criminal offense, either as embezzlement of ancestry, false recognition of a child, or adoption that does not comply with legal procedures, which has implications for criminal sanctions. Meanwhile, from an Islamic legal perspective, concealing the ancestry of adopted children is a prohibited act because it damages the clarity of lineage, which impacts aspects of guardianship, inheritance, and the legal status of the child. Islam emphasizes that adoption is permitted only for foster care (kafalah), without changing the child's identity or lineage. Therefore, both criminal law and Islamic law emphasize the importance of transparency and honesty in adoption to protect children's rights and maintain legal order.
Copyright (c) 2026 Ahmad Nizar Mohammad Syamwil, Maulidya Mora Matondang, Ramadhan Syahmedi Siregar, Akmaluddin Syahputra https://creativecommons.org/licenses/by-sa/4.0
Peran Departemen ketenagakerjaan dalam Menegakkan Hukum Ketenagakerjaan Terkait Kekerasan Seksual Terhadap Perempuan di Lingkungan Kerja
Sexual violence in the workplace is a serious violation of human rights and labor law, frequently experienced by working women in Indonesia. This study aims to analyze the role of the Manpower Office (Disnaker) as a supervisory agency in enforcing labor law, specifically Law No. 13 of 2003 concerning Manpower and Ministerial Regulation No. 2 of 2022 concerning the Prevention and Handling of Sexual Violence in the Workplace. Using a descriptive-analytical approach through a literature review, analysis of official documents from the Indonesian Ministry of Manpower and ILO reports, and case studies of industrial relations court decisions, this study evaluates the effectiveness of Disnaker in preventing, handling, and enforcing sanctions for sexual violence cases. The results indicate that Disnaker plays a crucial role in routine inspections, dispute mediation, and education, but faces challenges such as a lack of human resources, cultural stigma, and limited access in the informal sector. Empirical findings from case studies in several companies indicate a 25% increase in reported cases following Disnaker intervention, although the resolution rate remains low. The study's conclusions recommend policy reforms, such as increased budgets and collaboration with NGOs, to strengthen the protection of women workers. This research contributes to the labor law literature by providing practical insights for strengthening enforcement mechanisms in Indonesia.
Copyright (c) 2026 Chifa Azyana Adly meknesya, Nikmatul Husna, Muhammad Firmansyah, Meldyana Permata Abdillah, Ari Affandi Sagala https://creativecommons.org/licenses/by-sa/4.0
Peran OJK dan PPATK dalam Penegakan Hukum terhadap Tindak Pidana Perbankan di Indonesia
Perbankan merupakan pilar strategis dalam menopang perekonomian nasional, namun sektor ini rentan terhadap tindak pidana yang mengancam stabilitas keuangan. Penelitian ini bertujuan mengkaji jenis-jenis tindak pidana perbankan serta menganalisis peran krusial dua lembaga utama, yaitu Otoritas Jasa Keuangan (OJK) dan Pusat Pelaporan dan Analisis Transaksi Keuangan (PPATK), dalam upaya pencegahan dan pemberantasannya. Tindak pidana perbankan didefinisikan sebagai perbuatan melanggar hukum yang berkaitan dengan kegiatan usaha bank dan diancam pidana, termasuk pelanggaran izin, kerahasiaan bank, dan kegiatan usaha yang tidak sah, yang banyak di antaranya terintegrasi dengan tindak pidana pencucian uang. OJK berfungsi sebagai regulator dan pengawas yang menjamin kepatuhan bank terhadap prinsip kehati-hatian (prudential banking) dan Tata Kelola Perusahaan yang Baik (GCG). Sementara itu, PPATK, sebagai Financial Intelligence Unit (FIU), berfokus pada analisis Laporan Transaksi Keuangan Mencurigakan (LTKM), penelusuran aliran dana (financial tracing), serta pengawasan kepatuhan Anti Pencucian Uang dan Pencegahan Pendanaan Terorisme (APU-PPT). Sinergi antara fungsi pengawasan OJK dan intelijen keuangan PPATK merupakan kunci utama dalam menjaga integritas dan kepercayaan publik terhadap sistem keuangan Indonesia
Copyright (c) 2026 Farhan Fathur Rahman, Indah Sari Br. Barus, Qori Asvifah Bintang, Rafly Alikhsan Sikumbang https://creativecommons.org/licenses/by-sa/4.0
Comparison of Fund Management Systems in Conventional Insurance and Sharia Insurance
Insurance is a crucial instrument in the financial system, serving as a means of risk management. In Indonesia, insurance practices have developed into two main systems: conventional insurance and sharia insurance, which differ fundamentally, particularly in fund management. This article aims to compare fund management systems in conventional and sharia insurance, based on a review of previous research, laws and regulations, and relevant literature. The research method used is library research with a qualitative descriptive approach. The results indicate that fund management in conventional insurance is based on the principle of risk transfer, with a system of pooling premiums owned by the company, and investment management that potentially contains elements of riba, gharar, and maisir. Meanwhile, sharia insurance applies the principle of risk sharing through tabarru' and tijarah contracts, with the separation of participant funds from company funds, and investment management that must comply with sharia principles. Furthermore, differences in fund management are also reflected in the underwriting surplus mechanism and oversight by the Sharia Supervisory Board. Thus, it can be concluded that the fund management system in Islamic insurance has more transparent characteristics and is oriented towards the principles of justice and mutual assistance, in contrast to conventional insurance which is oriented towards company profits.
Copyright (c) 2026 Aicha Azdina Adly Fesya, Salsabilla Hamdi, Larasati Ritonga, Zaldy Ichsan Febrian, Ilham Soleh Tanjung https://creativecommons.org/licenses/by-sa/4.0
Legal Protection for Business Actors in Trade Agreements in the Digital Era
The development of digital technology has brought significant changes in the practice of commercial law, particularly in the implementation of trade agreements, which are now often conducted electronically. Digital trade agreements provide convenience and efficiency for business actors, but on the other hand, they also give rise to various legal issues, such as the weak bargaining position of certain business actors, unclear clauses in electronic agreements, and increased potential for disputes due to default and data misuse. This study aims to analyze the forms of legal protection for business actors in trade agreements in the digital era and assess the effectiveness of applicable laws and regulations in providing legal certainty. The research method used is normative legal research with a statutory regulatory approach, a conceptual approach, and a case approach. The results show that regulations related to trade law and electronic transactions have essentially provided a basis for legal protection for business actors, but there are still obstacles in their implementation, supervision, and enforcement. Therefore, regulatory harmonization, strengthening legal protection mechanisms, and increasing legal literacy for business actors are needed to create a fair, safe, and sustainable digital trade climate.
Copyright (c) 2026 Dinda Suciana Rambe, Madina Tuz Zahra Tanjung, Zahwa Khalisa, Rahmat Suryadi Siregar, M. Wahyu Fadillah https://creativecommons.org/licenses/by-sa/4.0
Legal Responsibility of Arbitrators and Arbitration Institutions in Cancelling Arbitration Awards
The annulment of an arbitration award in Indonesia is an exceptional legal mechanism and is strictly regulated in Article 70 of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution (AAPS Law). Although an arbitration award is final and binding, annulment can be carried out if forged documents, concealed decisive documents, or a decision born of deception are found. The submission mechanism is carried out in writing to the District Court within 30 days of the registration of the award, with supporting evidence. Arbitrators and arbitration institutions enjoy legal immunity, but liability can arise if there is a serious violation of the integrity of the process. This study discusses the legal basis for annulment, the forms of accountability of arbitrators and arbitration institutions, the submission mechanism, and the legal consequences of annulment of an award, to provide a comprehensive understanding of legal protection and legal certainty in arbitration.
Copyright (c) 2026 Khairunnisa Siregar, Najwa Fadila, Nabila Putri Aulia, Randy Harahap, Mhd Imran Pradipta https://creativecommons.org/licenses/by-sa/4.0
Reorienting Legal Protection of Employment in Indonesia in Facing Globalization and Digitalization
The rapid development of globalization and digitalization has fundamentally transformed employment relations in Indonesia. Conventional employment patterns characterized by stable and formal work arrangements have increasingly shifted toward flexible and precarious forms of employment, particularly with the rise of the digital economy and platform-based labor. This transformation poses significant challenges to the existing labor law framework, which was originally designed to regulate permanent and formal employment relationships. As a result, many platform and gig economy workers are excluded from normative labor protections, including social security, wage protection, and job security, due to their classification as independent contractors or partners rather than employees. Labor law serves a strategic function as a protective instrument for workers, who are generally in a weaker bargaining position compared to employers. Within the welfare state paradigm, such protection is intended not only to provide legal certainty but also to promote social justice and societal welfare. However, the dynamics of globalization and digitalization have exposed a regulatory gap between evolving employment practices and existing legal norms, potentially weakening the protection of workers’ rights. This study applies a qualitative research method using a normative-juridical approach. Data were collected through a systematic review of labor law regulations and relevant legal literature and analyzed descriptively and qualitatively. The study emphasizes the urgent need to reorient Indonesian labor law policies to balance economic growth, investment interests, and the constitutional obligation to ensure equitable legal protection for all workers, particularly those in digital and non-standard employment relationships.
Copyright (c) 2026 Topan Ahmad Anhari Harahap, Cita Suci, Anisa Dwi Putri, Abdillah Tarigan https://creativecommons.org/licenses/by-sa/4.0
Synergy between the National Narcotics Agency and the Police in Handling Narcotics Crimes in Indonesia
Drug abuse and illicit trafficking are serious problems in the Indonesian criminal justice system that require comprehensive and equitable handling. Law Number 35 of 2009 concerning Narcotics regulates a dual approach through repressive law enforcement against dealers and a rehabilitative approach for drug abusers. However, in practice, the implementation of rehabilitation is still not optimal and tends to be replaced by imprisonment. This study aims to analyze the law enforcement policy for narcotics crimes in Indonesia, focusing on the role of the National Narcotics Agency and the Police and the implementation of rehabilitation for drug abusers. The research method used is normative legal research with a legislative and conceptual approach. The results show that there is still a gap between legal norms and law enforcement practices, particularly in the implementation of rehabilitation, and the need to strengthen synergy between the National Narcotics Agency and the Police. This study concludes that optimizing rehabilitation policies and institutional coordination are key to realizing just, humanistic, and social recovery-oriented narcotics law enforcement.
Copyright (c) 2026 Ahmad Baqi, Wahdaniah Sitorus, Syifatul Zuhra, Regita Angraini Lubis https://creativecommons.org/licenses/by-sa/4.0
Civil Liability of E-Commerce Platforms for the Sale of Counterfeit Industrial Design Products (A Study on the Protection of Rights Holders in the Digital Economic Ecosystem)
This study aims to analyze the civil liability of e-commerce platforms for the rampant sale of counterfeit industrial design products in the digital economy ecosystem. Although platforms act as intermediaries, their presence often becomes a means of industrial design rights violations that harm legitimate rights holders. The research method used is normative juridical with a statutory and conceptual approach. The results of the study indicate that the legal standing of e-commerce platforms in civil law can be classified as electronic means providers who have subjective supervision obligations. Forms of industrial design violations in the marketplace generally take the form of imitation of the configuration, shape, and composition of products sold by third parties. The analysis of the platform's civil liability refers to the Safe Harbor Policy principle, but platforms can be held accountable through the doctrine of Unlawful Acts (PMH) if proven negligent or allowing infringing content to remain available after a report (notice and take down). Legal protection for rights holders includes preventive protection through the platform's IPR verification system and repressive protection in the form of civil compensation claims.
Copyright (c) 2026 Mellysyah Dewi Sartika Siregar, Siti Nur Fadillah, Nova Syafitri, Nadiva Armayani, Cindy Mutiara Putri https://creativecommons.org/licenses/by-sa/4.0
The Challenges of Copyright Protection in the Digital Age: Between Innovation and Piracy
The development of digital technology has brought significant changes in the patterns of creation, distribution, and consumption of creative works. While the digital era encourages innovation and ease of access to intellectual works, it also increases copyright infringement practices such as digital piracy. This situation poses serious challenges for the copyright legal protection system, particularly in maintaining a balance between protecting the interests of creators and the public interest. This study aims to analyze the challenges of copyright protection in the digital era and examine legal remedies that can be taken to address piracy practices. The research method used is normative juridical research with a statutory and conceptual approach, through a review of copyright-related laws and regulations and relevant legal literature. The research stages include collecting primary and secondary legal materials, normative analysis, and drawing deductive conclusions. The results indicate that weak law enforcement, low public legal awareness, and technological developments that are faster than regulations are the main factors contributing to the rise of digital piracy. Therefore, strengthening regulations, increasing public legal literacy, and synergy between the government, creative industry players, and digital platforms are needed to create an effective and equitable copyright protection system in the digital era.
Copyright (c) 2026 Aicha Azdina Adly Fesya, Asfrianda Mulia NST, Akbar Rayfades, Mu’ammar Rafsanjany, Awal Diwangga https://creativecommons.org/licenses/by-sa/4.0
The Flexibility of Ta'zir Punishment in the Islamic Penal System
Islamic criminal law (jinayah jurisprudence) is an important instrument in upholding justice, maintaining order, and protecting the five basic principles of human life (maqasid al-syari'ah), including religion, soul, reason, offspring and property. One of the strategic elements in the Islamic punishment system is the jarimah ta'zir, which has a flexible character because it does not have standard sanctions in the Qur'an or hadith, so determining the form and level of punishment is left to the ruler or judge through the ijtihad mechanism. This research uses the literature study method (library research) by reviewing books, cutting-edge scientific works and journal articles related to the jarimah ta'zir, its legal flexibility and its relevance in dealing with contemporary crime. Descriptive-analytical analysis was carried out to describe the concept, position, flexibility and application of jarimah ta'zir in a modern context, including digital criminal acts, abuse of authority and other social violations. The results of the research show that the flexibility of the ta'zir jarimah allows judges to adjust sanctions proportionally and educatively based on the perpetrator's conditions, social impact, and the principle of substantive justice, so that Islamic criminal law remains responsive to societal dynamics. Nevertheless, the application of flexibility should be limited by the norms of the Shari'a so as not to create subjectivity and legal uncertainty. Thus, the ta'zir jarimah not only functions as a criminal tool, but also a strategic, adaptive and relevant preventive and rehabilitative instrument in the contemporary Islamic legal system, which is able to balance legal certainty, education and the benefit of society.
Copyright (c) 2026 abdul, Ali Yanda Safaruddin, Masdalena Harahap, Jia Novita Damanik, M. Syaifullah Fatwa https://creativecommons.org/licenses/by-sa/4.0
Gross human rights crimes are serious violations of basic human rights that receive attention in both national and international law. This paper aims to examine the concept and scope of gross human rights crimes, their regulation in Indonesian national law, and the position of war crimes from the perspective of international criminal law. The research method used is normative legal research with a statutory and conceptual approach, through a literature review of primary and secondary legal materials. The results of the discussion indicate that Indonesian national law, through Law Number 26 of 2000 concerning Human Rights Courts, regulates gross human rights violations in a limited manner, namely genocide and crimes against humanity. Meanwhile, in international criminal law, war crimes are recognized as international crimes that occur in the context of armed conflict and are closely related to the protection of human rights. Thus, the study of gross human rights crimes and war crimes demonstrates the relationship between national law and international law in efforts to protect human dignity
Copyright (c) 2026 Chifa Azyana Adly meknesya, Muhammad Rafly Lubis, Meldyana Permata Abdillah, Muhammad Faiz Almaisi https://creativecommons.org/licenses/by-sa/4.0
Serious Human Rights Violations (The Role of the National Commission on Human Rights, the Human Rights Prosecutor's Office, and the Human Rights Court)
Gross violations of human rights are serious crimes that require a specific and integrated legal mechanism. In Indonesia, their handling involves several key institutions, namely the National Commission on Human Rights (Komnas HAM), the Attorney General's Office through its division of prosecution of gross human rights violations, and the Human Rights Court. This study aims to analyze the role and authority of each institution in the process of enforcing the law against gross human rights violations, while also assessing the effectiveness of coordination between these institutions. The research method used is normative legal research with a statutory and conceptual approach, through a review of Law Number 26 of 2000 concerning the Human Rights Court and related regulations. The results of the study indicate that although the authority of each institution has been clearly regulated, in practice, various obstacles remain, such as differences in interpretation of authority, weak coordination, and political and administrative obstacles. Therefore, strengthening the legal framework and inter-institutional coordination mechanisms is necessary to achieve effective human rights law enforcement and justice.
Copyright (c) 2026 Dinda Suciana Rambe, Yolanda Ayu Gita, Tasya Devina Putri Harahap, Putri Nabila Aryhati Solin https://creativecommons.org/licenses/by-sa/4.0
Human Trafficking Crimes from the Perspective of the Police, Prosecutors, and the Witness and Victim Protection Agency
Human trafficking constitutes a serious form of exploitation for commercial purposes and is widely regarded as a manifestation of modern slavery. Despite the existence of victims’ apparent consent in certain cases, such consent does not negate the exploitative nature of the crime, as victims are often placed in positions where refusal is impossible. In Indonesia, the persistence and increasing number of human trafficking cases raise significant concerns regarding the effectiveness and quality of law enforcement. As a response to global and national commitments, Indonesia has ratified the Palermo Protocol through Law No. 14 of 2009 and strengthened its domestic legal framework through Law No. 21 of 2007 on the Eradication of the Crime of Human Trafficking. Law enforcement efforts in combating human trafficking involve multiple institutions, including the police, the public prosecutor’s office, and the Witness and Victim Protection Agency (LPSK). The police are responsible for investigation and uncovering trafficking networks, while prosecutors exercise dominus litis authority during prosecution, including asset confiscation, license revocation, and restitution for victims. Meanwhile, LPSK plays a vital role in ensuring the physical, psychological, and procedural protection of victims. This study employs a normative juridical research method with qualitative analysis, examining statutory regulations and legal doctrines related to human trafficking. The research aims to assess the effectiveness of law enforcement practices, identify existing obstacles, and emphasize the urgency of integrated, victim-oriented approaches to achieve substantive justice and improved governance in handling human trafficking crimes.
Copyright (c) 2026 Farhan Fathur Rahman, Ilham Beni Hamadi Hrp, Rossy Al Jabar, Muhammad Rafli Batu Bara https://creativecommons.org/licenses/by-sa/4.0
Mandatory Wills as a Legal Instrument in Resolving Interfaith Inheritance in Indonesia
The issue of interfaith inheritance is a classic issue in Islamic law that continues to generate debate, especially in multicultural societies like Indonesia. In classical fiqh, religious differences are positioned as a barrier to inheritance (māni' al-irth), so that Muslims and non-Muslims cannot inherit from each other. However, social reality shows the existence of strong family ties despite differences in faith, which demands the presence of a just and welfare-oriented legal solution. This article aims to analyze the determination of the distribution of inheritance to heirs who wear the hijab due to religious differences through the mechanism of mandatory wills from the perspective of Islamic law and Indonesian national law. This study uses a normative legal research method with a conceptual, legislative, and jurisprudential approach. The results of the study indicate that although Islamic inheritance law normatively rejects interfaith inheritance, the concept of mandatory wills can function as a legal instrument that bridges the gap between sharia provisions and demands for social justice. The application of mandatory wills for heirs of different religions, as developed in the Supreme Court decision, reflects contextual ijtihad which is based on the principles of maqāṣid al-syarī'ah, especially justice (al-'adl) and benefit (al-maṣlaḥah). Thus, obligatory wills become a legal and relevant juridical alternative in addressing the problem of inheritance between different religions in Indonesia.
Copyright (c) 2026 Ahmad Nizar Mohammad Syamwil, Muhibbussabry, Akmaluddin Syaputra, Ramadhan Syahmedi Siregar https://creativecommons.org/licenses/by-sa/4.0