Law and Humanity

Reformulasi Kompilasi Hukum Islam dalam Konteks Hak Asasi Manusia dan Kesetaraan Gender

2026-03-31T06:39:29SE Asia Daylight Time

The Compilation of Islamic Law (Kompilasi Hukum Islam/KHI) serves as an important source of Islamic family law in Indonesia and has played a significant role in shaping national family law practices. However, several of its provisions are considered not fully aligned with the principles of Human Rights and gender equality as mandated by Law Number 39 of 1999 concerning Human Rights and the ratification of CEDAW through Law Number 7 of 1984. This study aims to analyze the relevance and compatibility of the norms contained in the KHI with the principles of human rights and gender equality, as well as to formulate reformulation efforts so that the KHI becomes more responsive to humanitarian values without neglecting the principles of Islamic law. The research method employed is normative juridical, using statutory, conceptual, and comparative approaches, accompanied by qualitative descriptive analysis of primary, secondary, and tertiary legal materials. The findings indicate that several norms within the KHI, particularly those regulating polygamy and the domestic roles of women, still reflect patriarchal bias and have the potential to violate the principle of substantive justice. Therefore, a reformulation of the KHI is necessary to balance universal human rights values with the principles of justice in Islam through reinterpretation based on maqasid al-shariah and John Rawls’ theory of justice. In conclusion, the reform of the KHI is an urgent necessity to establish Islamic family law that is fair, inclusive, and contextual to modern social dynamics.

Pemberian Izin Usaha Pertambangan bagi Organisasi Kemasyarakatan Keagamaan Perspektif Teori Keadilan dan Kemanfaatan Hukum

2026-04-23T10:14:47SE Asia Daylight Time

The policy granting Mining Business Permits (IUP) to religious community organizations through a priority auction scheme has generated new legal concerns in the governance of the mining sector. The Constitutional Court’s Decision No. 77/PUU-XXII/2024 views this policy as an effort to broaden participation in natural resource management by allowing business entities owned by such organizations to compete. Nevertheless, unclear regulatory boundaries and weak supervisory mechanisms create risks of misuse in practice. This study examines the Court’s legal reasoning by employing Jeremy Bentham’s utilitarianism and John Rawls’ theory of justice within a normative juridical approach. The research finds a regulatory gap between the religious functions of these organizations and their potential role in commercial mining activities. The Court’s considerations tend to align with Bentham’s focus on promoting broader social and economic benefits. However, from Rawls’ perspective, the policy may lead to unequal distribution of advantages and open opportunities for certain groups to dominate natural resource management. Thus, while the decision seeks to enhance overall societal utility, it also raises concerns regarding constitutional prudence and distributive fairness. Additional implementing regulations and stronger oversight are needed to ensure its execution remains consistent with the principles of the rule of law.

Pertimbangan Hukum Hakim Mahkamah Agung terhadap Kriminalisasi Korban dalam Kasus Baiq Nuril

2026-04-23T10:41:38SE Asia Daylight Time

The case of Baiq Nuril represents a significant precedent in Indonesia’s legal reasoning discourse, particularly in the application of Article 27(1) of the Electronic Information and Transactions Law (UU ITE). This article analyzes the judicial considerations of the Mataram District Court and the Supreme Court in Decision No. 574 K/Pid.Sus/2018 using a theoretical framework of legal reasoning, statutory interpretation, and substantive justice principles. The District Court acquitted the defendant, concluding that the elements of distribution were not fulfilled, there was no mens rea, and the recording was made solely for self-protection against sexual harassment. Conversely, the Supreme Court interpreted the act of handing a mobile phone to a colleague as “making electronic information accessible,” thus treating the defendant as having participated in distributing indecent content. The analysis shows that the Supreme Court’s reasoning is formalistic, disregards the context of victimization, and expands the scope of criminal elements disproportionately. This decision not only creates a chilling effect for victims of sexual violence but also highlights the normative weaknesses of the UU ITE, which is vulnerable to misuse. The article concludes that reconstructing statutory interpretation, applying proportionality principles, and reforming the UU ITE are essential to prevent the criminalization of victims. Accordingly, law enforcement in the digital era must prioritize substantive justice rather than mere formal legal certainty.

Legitimasi Nikah Sirri dalam Perspektif Hukum Islam dan Tantangan Pencatatan Perkawinan di Era Digital

2026-04-25T07:29:58SE Asia Daylight Time

Marriage is a sacred institution within Islamic family law and Indonesian national law. However, unregistered marriages (sirri marriages) remain prevalent due to social, cultural, economic, and educational factors. The absence of marriage registration generates serious legal issues, including child status, inheritance rights, spousal protection, and legal certainty in civil administration. This conceptual study examines the legitimacy of unregistered marriages through the lens of Islamic family law while analyzing the challenges of digitizing marriage registration through SIAK, SIMKAH, and other electronic-based public services. The findings show that although Islamic law deems marriages valid when the pillars and requirements are fulfilled, the state considers registration essential for legal protection. The digital era provides significant opportunities to reduce unregistered marriages, yet barriers such as low digital literacy, technological inequality, and regulatory gaps pose persistent obstacles. This study highlights the need for harmonization between Islamic jurisprudence and national legal norms supported by digital-based legal administration to ensure comprehensive legal protection.

Urgensi Penerapan Pidana Mati dalam Transisi Sistem Hukum Pidana di Indonesia

2026-04-27T04:24:27SE Asia Daylight Time

This study examines the urgency of capital punishment in the context of the transition of Indonesia’s criminal law system, focusing on a comparison between the Old Penal Code (KUHP Lama) and the New Penal Code (KUHP Nasional). The Old Penal Code placed capital punishment as an absolute penalty for serious crimes, reflecting a retributive penal paradigm that emphasized retribution and formal legal certainty, while largely neglecting humanitarian aspects and the right to life. The New Penal Code, through Law Number 1 of 2023, introduces conditional capital punishment with the possibility of conversion to life imprisonment, marking a paradigm shift toward a humanistic model that integrates preventive, rehabilitative, and restorative principles. This study employs a doctrinal research method with a normative juridical approach, analyzing statutory provisions, legal literature, penal theory, and previous research findings. The analysis indicates that capital punishment remains normatively and practically relevant, particularly for extraordinary crimes that threaten public safety and state security, yet its application must be selective and adhere to principles of proportionality, substantive justice, and human rights. The urgency of this research lies in the need to understand the transformation of penal concepts and the rational application of capital punishment under the New Penal Code, supporting the development of a fair, constitutional, and effective criminal law policy. The findings provide both theoretical and practical contributions for academics, policymakers, and law enforcement officers in assessing the role of capital punishment as a last resort (ultimum remedium) in Indonesia.