Indonesian Journal of Law and Islamic Law (IJLIL)
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Navigating Constitutional Constraints: State Governance Practices of The Indonesian President
Full text linkThe focus of this study is to examine the substance of the president's authority restrictions in establishing constitutional governance in Indonesia. The president's limitation of power is connected to the president's restriction of authority. On the other hand, the president's power can be limited by the functional relationship between the president and the House of Representative Council (DPR), the Representative People Assembly (MPR), the Local Representative Council (DPD), and the Supreme Court (MA) and the Constitutional Court (MK). The study's findings indicate that the restricted content of the president's power can be viewed not only in terms of the president's time in office but also in terms of the content president's authority, i.e. restrictions on choosing state officers and restrictions on law-making and that the restricted content president power can be viewed in terms of the president's functional relationship with legislative and constitutive institutions
The Dynamics of Legal Standardization: A Study of Statutory Codification and Administrative Authority
Full text linkThe dynamics of legal standardization are frequently characterized as a necessary mechanism for achieving administrative certainty and systematic order. This research examines the structural and functional changes that occur during the transition from decentralized interpretive frameworks to centralized statutory systems. Utilizing a structural diagnostic approach, the study evaluates how the integration of traditional norms into a formal administrative framework reconfigures the nature of legal authority. The findings indicate that the standardization process involves the relocation of interpretive validity from decentralized professional networks to centralized institutional bodies, establishing a bureaucratic system governed by modern administrative standards. This transition provides a basis for clarifying institutional roles, where statutory regulations function as distinct administrative instruments. These findings offer a necessary framework for stakeholders, including policy developers, judicial officers, and academic researchers, to navigate the shift toward formalized legal codes. The study concludes by suggesting that the institutionalization of diverse practices necessitates a comprehensive evaluation of the suitability of centralized state mechanisms for managing complex social and professional norms within a standardized regulatory environment
Juridical Review of Consumer Protection in Halal Assurance of Poultry: A Study on the Feasibility of Product Consumption
Full text linkThe current halal product guarantee can undeniably be realized through regulatory efforts on product assurance that are positively initiated by the government. With the guarantee of halal products, people, both Muslims and non-Muslims, can consume safely. In Law Number 33 of 2014 concerning Halal Product Guarantee, the law requires Poultry Slaughterhouses (RPU) to have halal certificates but the phenomenon in the community is that there are still many Poultry Slaughterhouses (RPU) that do not have halal certificates to ensure the feasibility of the products produced, such as halal product guarantees.The purpose of this study is to explain the juridical review of consumer protection guarantees from products that have not been certified halal. This research method uses a type of field research (qualitative) with a juridical approach that is analyzed descriptively. The results of this study show that there are still many meat sellers (buthcer) and RPUs do not have halal certification. This is a serious problem to ensure the circulation of meat, although there have been many rules stipulated to ensure halal and product feasibility, there are still many products in the field that have not been certified halal meat. The presence of the Head of BPJPH Decree No. 77 of 2023 is a solution for RPU to carry out halal certification immediately to ensure the halalness of their products, but the obstacle of RPU is the high cost of its submission, so it is hoped that the government can provide a halal certification subsidy program for RPU such as the self-declare program
Constitutionality of Formal Testing of Draft Laws by the Constitutional Court
Full text linkThe Constitutional Court, as one of the state institutions regulated in the 1945 Constitution of the Republic of Indonesia, has the authority to test laws against the constitution. However, constitutional practice in Indonesia shows that there are tests of laws that have not been approved by the President or have not received a State Gazette number, which are still in the form of bills. This study aims to analyze the characteristics of laws as objects of testing in the Constitutional Court and the authority of the Constitutional Court in testing bills. The results of the study indicate that laws as statutory regulations are legal instruments that are stipulated under normal circumstances and can only be considered laws if they have gone through five stages: planning, drafting, discussion, ratification, and promulgation. Without fulfilling these stages, a text cannot be considered a binding law, so that testing in the Constitutional Court is not possible. The Constitutional Court only has the authority to test laws that have been passed, not bills against the 1945 Constitution of the Republic of Indonesia
Unity in Diversity : A Study of Schools of Islamic Jurisprudence
Full text linkIslamic jurisprudence (Fiqh) is human understanding of Islamic law (Shari’ah) which is divine in nature. As major sources of Islamic law, both Qur’an and Sunnah address fundamental issues, leaving out detailed matters for human interventions to decide on in the light of general principles generated from the primary sources. This paves the way for Ijtih?d as an intellectual process undertaken by a master-jurist (mujtahid) who derives legal rules from the sources of Islamic law. Thus, the emergence of different schools of Islamic thought a natural outcome of Ijtih?dat (pl. Ijtih?d) of leading jurists of major schools of thought. All the schools of Islamic jurisprudence, especially the four dominant ones, employed distinct principles which appear mutually antagonistic. Yet, beneath these diverse principles is uncompromising unity of sources and purpose. This paper seeks to study juristic principles of the four famous schools of Islamic jurisprudence, namely Hanafi, Maliki, Shafi’i, and Hanbali Schools of legal thoughts. It employs a doctrinal research method, alongside inductive and analytical methods. The paper finds that despite their divergent positions on different legal issues, the eponyms of these schools of thought were united in many respects: they subscribed to the same primary sources, discouraged dogmatism (Taqlid), and charged their disciples to evaluate their opinions against the primary sources of the Shari’ah. Above all, it was obvious that each of those pious jurists was driven by sincerity of purpose and the desire to unravel the legal rule of Islamic law. In essence, this is unity in diversity
Interpretation of the Maslahah-Based Principle as the Protection of Female Prisoners in the Criminal Justice System
Full text linkFemale prisoners face multidimensional vulnerabilities within a criminal justice system that predominantly reflects androcentric perspectives. Gender-specific needs, including reproductive health, psychological trauma, and motherhood, are often neglected, leading to systemic injustices. This study proposes the maslahah principle of Islamic law as a philosophical and normative foundation for strengthening the protection of female prisoners. The research aims to examine interpretations of maslahah relevant to addressing the specific vulnerabilities of female prisoners and to formulate a model for its application within criminal justice policies. This study employs a juridical-normative methodology supported by conceptual and philosophical approaches. The findings indicate that the maslahah principle can be operationalized through both substantive and structural dimensions. Substantively, it requires legal reforms that ensure the protection of reproductive rights and promote alternatives to detention for women. Structurally, it necessitates the establishment of women’s protection units, the training of gender-sensitive legal and correctional officials, and the transformation of legal culture through the internalization of values of justice and dignity for women. The study concludes that the protection of female prisoners constitutes an essential interest (ḍarūriyyāt) under the framework of maqāṣid al-sharī‘ah. By integrating Islamic legal principles with justice-oriented and gender-responsive policies, this research contributes an integrative and practical model for criminal justice reform aimed at enhancing gender responsiveness
Interfaith Marriage Among Muslim Minorities: A Comparative Legal Analysis
Full text linkThe purpose of this study is to determine the differences in opinion between Abdullah ibn Bayyah and Muhammad Yusri Ibrahim regarding interfaith marriage among Muslim minorities. This study uses normative legal research by adopting a comparative approach to identify the similarities and differences in the thinking of these two figures. The results of this study show that the differences in opinion between Abdullah ibn Bayyah and Muhammad Yusri Ibrahim regarding cases of interfaith marriage are influenced by their respective views, which combine several legal principles. In the case of “the validity of marriage if one of the spouses converts to Islam,” Yusri Ibrahim prefers the opinion of Ibn Qayyim as the main figure of the Hanbali school of thought, without considering Qaul al-Ṣahābī as an argument (hujjah). This differs from Ibn Bayyah, who uses Qaul al-Ṣahābī as an argument (hujjah) in accordance with the Maliki school of thought. Ibn Bayyah does not discuss the limits of taisīr (ease) in interfaith marriage issues at length. However, in terms of application, both figures agree on setting burdensome conditions. Ibn Bayyah prioritizes a deep discussion of maṣlaḥah (public interest), with various considerations, and explores more universal and facilitative concepts. Thus, his opinion is more flexible and easier to apply to cases of interfaith marriage in Singapore. Ibn Bayyah's opinion is based on considerations of the social reality of minority Muslims, so that his legal decisions are not textual and are more cautious. This differs from Yusri Ibrahim's opinion, which tends to be stricter and more difficult to apply in countries with non-Muslim majorities. This is because most of his opinion is very textual, following the foundations of Islamic law and his school of thought, without considering the public interest and the social realities of minority Muslims. The practical implications of this research have an impact on the legality of giving inheritance to wives or children who are not Muslim, and the right of a father to be the marriage guardian for his daughter, based on the opinion of Ibn Bayyah. This study suggests that the fiqh formulations of contemporary scholars on interfaith marriage can serve as a guideline for Muslim minorities in Western countries by taking social realities into account
Adaptation of Fintech as a Means of Collecting Islamic Philanthropic Funds; Analysis of Legal Principles
Full text linkThe development of financial technology (fintech) has significantly transformed financial transactions from cash-based to non-cash systems. In Indonesia, the widespread use of technology highlights the growing importance of fintech across various sectors, including the collection of Islamic philanthropic funds such as Zakat, Infak, and Sedekah (ZIS). This study aims to analyze the payment of ZIS funds through digital platforms from the perspective of applicable legal principles. It also examines the legal status of zakat on money in Islamic law and the permissibility of paying zakat in monetary form. This research employs a normative legal method using conceptual and historical approaches, analyzed through deductive reasoning. The findings indicate that the majority of Islamic scholars and religious institutions agree on the obligation of zakat on money once its value reaches the nisab equivalent to gold or silver and fulfills the haul requirement. This view is based on the role of money as the primary indicator of wealth in the modern era. Hadiths that mention zakat obligations in the form of livestock or agricultural products are interpreted as referring to the value (qīmah) rather than the physical object (`ain). Furthermore, the use of fintech in ZIS fund collection is considered permissible as long as it complies with Sharia principles and avoids harmful elements. Digital technology in ZIS collection aligns with the principle of ḥifẓ al-māl (protection of wealth) by enhancing efficiency and expanding outreach. In cases of failed online zakat transactions, responsibility is determined based on negligence by the muzaki, zakat institution, or service provider. Such failures do not nullify the zakat obligation, which remains the responsibility of the muzaki to fulfill
Integrating International Humanitarian Law and Human Rights in the Use of AI for Conflict Prevention in Outer Space
Full text linkThe rapid increase of space debris and the accelerating use of anti-satellite (ASAT) weapons have generated complex legal challenges that threaten orbital sustainability, global security, and civilian infrastructure. This study examines how International Humanitarian Law (IHL) can be integrated into the governance of artificial intelligence (AI) used in space debris management as a preventive mechanism against the escalation of armed conflict in outer space. Using a normative juridical method supported by textual, comparative, and case-study analyses, this research evaluates key international legal instruments including the Outer Space Treaty (1967) and Additional Protocol I (1977) alongside case studies of the 2007 Chinese and 2021 Russian ASAT tests. The findings demonstrate that the IHL principles of distinction, proportionality, and precaution can be operationalized into AI algorithms to enhance object identification accuracy, minimize civilian harm, and reduce the risk of inadvertent conflict. This study identifies critical governance gaps, particularly in the ambiguous interpretation of “peaceful use,” weak verification mechanisms, and the absence of accountability structures for AI-driven orbital activities. The research contributes a novel framework for embedding IHL into AI design parameters, positioning AI not merely as a technological tool but as a strategic legal instrument for safeguarding orbital stability. Strengthening international space law through transparency norms, AI verification protocols, and updated treaty provisions is therefore essential to ensure outer space remains a peaceful and sustainable global commons for future generations
Threats to Indonesia’s Economic Sovereignty in the Appointment of Foreign Executives in State-Owned Enterprises
Full text linkThis study examines the constitutional implications of the government policy that allows foreign nationals to occupy executive positions in State-Owned Enterprises (SOEs) concerning the principle of national economic sovereignty, as stipulated in Article 33 of the 1945 Constitution of the Republic of Indonesia. The background of this research lies in the growing practice of economic globalization, which demands efficiency and professionalism in SOE management but potentially shifts the meaning of state control over vital sectors of production. This study employs a normative juridical method with conceptual and comparative approaches to national regulations and international practices. The findings indicate that the involvement of foreign nationals in SOE management can be acceptable insofar as it is limited by constitutional principles, the nationality principle, and strict public oversight. The novelty of this research lies in proposing a constitutional policy model that integrates corporate efficiency with state economic sovereignty. This model has practical implications for the international community: positively, it provides a clear legal framework for global investors and professionals, thereby enhancing the predictability of the investment climate and offering an adaptive model for other developing countries to align world-class corporate governance with national sovereignty; however, potentially negatively, strict limitations might be perceived by the global business community as a barrier or discrimination against the transfer of expertise and international capital flows. This integrative approach remains rarely discussed in the field of constitutional economic law in Indonesia