Legal Challenges of Asset Misappropriation in the Digital Era

The growing challenges of addressing asset misappropriation in Indonesia\u27s digital era highlight the need for a thorough examination of the existing legal framework to assess its effectiveness and adaptability. This paper examines legal challenges of digital asset misappropriation in Indonesia. It explores the legal implications of asset misappropriation as a crime within the context of digital technology, analyzing current Indonesian legislation\u27s adequacy in addressing these issues. Employing a normative legal research method and statutory approach, this research investigates relevant laws and regulations in Indonesia that can be used to criminalize asset misappropriation. In addition, this study employs a case approach by analyzing court decisions related to asset misappropriation, providing practical insights into how the legal framework is applied in real-world scenarios. Key findings suggest that while current Indonesian legislation addresses various aspects of asset misappropriation, it lacks specific provisions for the digital context. This gap necessitates a more holistic legal approach that integrates both traditional and digital environments, while also acknowledging the legal implications on digital aspects, namely data as the center of focus. Recognizing asset misappropriation as a distinct criminal offense can serve as a foundational step in criminalization efforts. This approach can then be integrated with existing legal provisions relevant to the digital environment, allowing perpetrators to be prosecuted under multiple dimensions of Indonesia\u27s legal framework for more comprehensive enforcement

Application of the Principles of Islamic Civil Law in Small and Medium Business Partnerships

Partnerships in Small and Medium Enterprises (SMEs) in Indonesia often encounter challenges in adhering to Islamic principles such as syirkah (partnership), justice, transparency, and social responsibility. Therefore, there needs to be a commitment from the government, financial institutions and business actors to encourage the implementation of Islamic law values ​​in business practices. This study aims to find solutions in implementing these principles in Small and Medium Enterprise partnerships in Indonesia. The methods employed include a qualitative approach, utilizing in-depth interviews and case studies to gain a deeper understanding of current practices and the challenges faced. The research results show that although Islamic legal principles have great potential to form fair and sustainable partnerships, their implementation is often not optimal. The principles of syirkah are often not applied fairly, justice in the distribution of profits is often hampered by power, transparency is often ignored, and social responsibility is often given little attention. The conclusion of this research is that to increase the application of Islamic legal principles in Small and Medium Enterprise partnerships, greater efforts are needed in regulatory reform, increased education, and support from sharia financial institutions. This approach aims to promote fairer and more sustainable business practices while ensuring that the principles of Islamic law are effectively implemented within the context of Small and Medium Enterprise partnerships

The Urgency of Sustainability Disclosure in Indonesia’s Agricultural Regulations: A Legal Strategy for Achieving SDG 2

Agriculture has become one of the leading contributors to climate change, with rapidly increasing greenhouse gas emissions, despite its close connection to the natural environment. The main problem lies in Indonesia\u27s unified legal framework under the Sustainable Agriculture Law that lacks proper mechanisms to ensure sustainable practices, focusing more on ethical agriculture rather than true sustainability which requires identification of problems and solutions. This study aims to propose a mandatory sustainability disclosure as a means to promote sustainable agriculture practices in Indonesia, thereby enhancing the implementation of SDG 2. This research is a qualitative research. The data used in this study were collected through literature review techniques, to be analyzed using descriptive qualitative data analysis techniques. The primary legal source is Law Number 22 of 2019 concerning Sustainable Agriculture. Primary data was taken to describe the reality of sustainability disclosure in Indonesia. Through normative legal research method and supported by statutory approach, findings suggest significant gaps in the current framework. This study develops a model of normative construction to revise the narrative of the existing law, and subsequently proposes a policy model based on this construction. The policy model essentially mandates agriculture establishments to provide a sustainability disclosure report, as a means of realizing SDG 2

The Dynamics of Backpacker Umrah within the Framework of Maqashid Asy-Syariah and Sociology of Law

The backpacker umrah phenomenon reflects the community’s aspiration to perform worship in a more flexible and economical manner, yet it simultaneously generates serious concerns from both positive law and sharī’ah perspectives, as it is conducted outside the framework of official state mechanisms. This study analyzes backpacker Umrah from the perspective of Maqashid al-Shariah and legal sociology and offers ideal regulations that protect pilgrims. This research is an empirical legal study that uses primary data from a Google Form questionnaire to analyze the reasons and objectives of pilgrims performing Umrah as backpackers, supported by legal materials in the form of statutory regulations. The research findings demonstrate that the phenomenon of backpacker umrah embodies broader social dynamics and represents community responses to economic constraints and technological developments, as pilgrims increasingly opt for a more flexible and affordable mode of worship. In the perspective of legal sociology and maqashid asy-syariah, this practice demonstrates a culturally legitimate social construction, but it creates tension with formal regulations, particularly in aspects of security, legal protection, and compliance with legislation. Although it provides benefits to some segments of society, backpacker umrah still carries potential harms that need to be addressed proportionally. Based on the findings of this study, it is recommended that regulations governing ḥajj and umrah be more effectively organized to prevent long queues for pilgrims, and that specific provisions addressing backpacker umrah be formulated to ensure legal protection, along with guarantees of safety and comfort for those undertaking the pilgrimage independently

Reconsidering Inheritance Equality: Gender Justice in Religious Court Decisions through the Lens of Maqashid Al-Shariah

Traditional Islamic inheritance law stipulates a 2:1 ratio favoring male heirs. However, several decisions issued by Indonesia’s Religious Courts have granted equal shares to male and female children. This shift reflects changing social and economic dynamics, where women increasingly serve as key providers within the family structure. This study aims to analyze and identify judicial reasoning behind the equal distribution of inheritance to sons and daughters, using the maqashid al-shariah framework. Employing a normative-empirical approach, the research integrates case study methods and legal philosophy, drawing on data from court verdicts, interviews, and questionnaires distributed to judges. The data were processed using qualitative descriptive analysis. The findings reveal two main patterns of inheritance division in judicial practice: the traditional model (2:1), aligned with textual sources and the Compilation of Islamic Law, and an equal distribution model (1:1). The 1:1 distribution is not merely the result of mediation, but rather stems from judicial ijtihad that prioritizes substantive justice in light of maqashid al-shariah. Judges’ decisions in favor of equal inheritance are influenced by economic factors (e.g., women as primary earners), social roles (e.g., caregiving responsibilities), mutual agreement among heirs, and a dynamic understanding of maqashid. These rulings highlight the adaptive capacity of Islamic inheritance law to contemporary socio-economic realities without departing from its core principles. This study affirms the significance of context-sensitive ijtihad grounded in public interest (maslahah) for the reformulation of Islamic inheritance law in Indonesia, and emphasizes the judiciary’s progressive role in transforming Islamic family law

Reimagining the Legal Framework for Interfaith Marriage in Indonesia: A Path Toward Inclusive Matrimonial Recognition

Indonesian marriage law does not explicitly regulate the legal status of interfaith marriages, resulting in legal uncertainty and varied judicial interpretations. This lack of clarity has prompted differing court decisions regarding such unions. Ideally, the judiciary should offer clear legal guidance on matters of public concern. Consequently, there is a pressing need for a well-defined legal framework to address the status of interfaith marriages in Indonesia. This study seeks to identify a normative resolution to this legal ambiguity. Employing normative legal research with a statutory approach, the study relies on data collected through a comprehensive literature review of books, relevant laws, and previous scholarly works, which are then analyzed descriptively. The findings reveal that Supreme Court Circular Letter (SEMA) No. 2 of 2023, which provides judicial guidelines on handling requests for the registration of marriages between individuals of different religions and beliefs, can serve to fill the existing legal void. Although courts have previously demonstrated inconsistency on this matter, the circular explicitly instructs judges to reject such marriage registration requests, citing incompatibility with respective religious doctrines. In conclusion, the study highlights that SEMA No. 2 of 2023 plays a pivotal role in promoting regulatory coherence regarding interfaith marriages in Indonesia and in minimizing the associated legal uncertainties

The Role of Traditional Mantir in Resolving Muslim Dayak Household Disputes in the East Kotawaringin Regency

This study is grounded in the socio-cultural context of Muslim Dayak communities living in the rural and geographically isolated regions of Kotawaringin Timur Regency. They prefer to resolve disputes through the mantir custom rather than going through formal channels in the Religious Court. This study aims to analyze the role of mantir adat in resolving domestic disputes within the Muslim Dayak community and to identify the reasons behind their preference for customary mechanisms over religious courts, which are perceived as less efficient, costly, and less in harmony with local values. This research adopts an empirical methodology with a socio-legal approach, focusing on the local norms and customary practices within the Regency of Kotawaringin Timur. Findings show that the public more often chooses custom mantir because the procedure is considered simpler, requires no legal skills or help from an advocate, is closer in a geographical sense, and incurs no high costs. Additionally, the custom mantir service is flexible and available when needed. The findings underscore the critical role of customary functionaries in facilitating the resolution of communal disputes through a synergistic framework, in alignment with national legal mandates

Determinant Cash Waqf Payment Amongst Rural Society in Yogyakarta: Do Itsar and Culture Matters?

Cash waqf, within the framework of sharia economic law, serves as a crucial instrument for enhancing social welfare. When managed effectively and in accordance with sharia principles, cash waqf can provide substantial benefits for society. As of 2022, Indonesia had a population of approximately 275.78 million, with 86.93% identifying as Muslims, thus has a huge potential for generating waqf funds. However, data from the Indonesian Waqf Board (BWI) indicate that the total cash waqf collection in 2021 amounted to IDR 831 billion, whereas the potential for cash waqf in 2022 to reach IDR 130 trillion. This considerable disparity motivated the present study to explore the factors influencing individuals\u27 willingness to pay cash waqf. This study specifically examines the determinants affecting interest in cash waqf payment among rural communities in the Special Region of Yogyakarta. Employing the Structural Equation Model (SEM) analysis tool with SmartPLS, the study revealed that the variables Itsar (altruism) and gotong royong (mutual cooperation) has positive effect on individuals\u27 willingness for cash waqf payment, as evidenced by their respective p-values of 0.000 (< 0.05). Whereas, three variables—knowledge, income, and education level—do not significantly influence individuals\u27 interest in cash waqf payment. These results suggests that in rural areas, particularly in Yogyakarta, strong communal values such as solidarity and cooperative spirit play a pivotal role in fostering cash waqf payments

Contextualizing Maqāṣid al-Sharī‘ah in Indigenous Legal Practices: A Comparative Study of Family Resilience in Kasepuhan Ciptagelar and Kampung Naga

Strengthening the normative foundation and maqāṣid orientation of Indonesia’s religious court system allows it to render fair judgments for the parties while safeguarding the future of children. While Islamic family law is often studied normatively, limited attention is given to its lived application in plural legal settings. Using a descriptive qualitative approach with socio-legal and phenomenological methods, data were collected through purposive sampling of 20 participants, including traditional leaders, religious figures, and village officials. Field observations and the analysis of local documents, including customary manuscripts, sermons, and marriage records, serve to complement the data. The findings reveal that family resilience emerges from a dynamic interplay between Islamic and customary norms, particularly in areas like inheritance, marriage, and gender roles. Integration of maqāṣid al-sharī‘ah occurs through contextual reinterpretation aligned with communal structures and values. Differences between the communities are notable in the role of traditional authority, the interpretation of qiwāmah, and dispute resolution mechanisms. This study contributes to the discourse on Islamic legal pluralism by presenting a contextual model of normative integration. It highlights the potential of a culturally grounded and adaptive Islamic legal framework to strengthen sustainable family systems across diverse local contexts

Comparing Solar Energy Investment Policies: Legal Perspectives from Indonesia and Vietnam

Although Indonesia possesses significant potential for solar energy, it remains behind Vietnam, highlighting the critical need for policy and investment reforms to meet the increasing demand for renewable energy. This study aims to explores the normative issues within the Indonesian legal framework for investment and benchmarks it against Vietnam’s to assess the legal gap that may have hindered Indonesia’s progress in supporting solar technology investments. This study adopts a normative-empirical approach by integrating normative legal analysis of regulatory frameworks with the presentation and examination of empirical data. The empirical dimension of this research incorporates analysis of implementation outcomes, including renewable energy capacity data, carbon footprint measurements, and regulatory effectiveness indicators. The results of this study highlights normative inadequacies from Indonesia, with the lack of foundational normative support, followed by the lack of support in the form of complimentary regulations. Vietnam, on the other hand, has a significantly more developed framework to support investments in solar technology, serving as comparative evidence of the stark contrast between the country’s success and Indonesia’s ongoing challenges