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Legal Clarity for Sharia Lodging Businesses through Sharia Certification
Full text linkThe development of the Sharia business in Indonesia has become the most potential business not only in Islamic banking but also the non-Islamic bank financial industries, such as Islamic insurance, Islamic pension funds, Islamic finance companies, Islamic bonds (sukuk), Islamic mutual funds, and even Islamic lodging. This phenomenon makes the Sharia "label" as a trend. This research aims to analyze the urgency of Sharia certification in the Sharia lodging business in Indonesia. The method used is a type of normative legal research with statutory approaches, case approaches, and conceptual approaches. The results of this study indicate that the urgency of Sharia certification in the Sharia lodging business is to maintain the image of Islamic teachings and to provide certainty to consumers. This is because the application of Sharia in business institutions bearing the Sharia label still shows that the concept of Sharia understood by these business institutions still seems partial/not kaffah (total). Besides that, the Sharia "label" in the lodging business is used mostly as a brand or company brand. Therefore, it is high time for Sharia lodging certification to be carried out, like the halal label certificate on food product
Musyarakah Mutanaqisah: Strengthening Islamic Financing in Indonesia and Addressing Murabahah Vulnerabilities
Full text linkThe article analyses to examine the practice of murabahah and musyarakah mutanaqisah financing in sharia banking in Indonesia. Islamic finance plays an important role in the Indonesian economy, contributing to financial inclusion and encouraging ethical practices and sharia compliance. Among the various Islamic financing models, musyarakah mutanaqisah has become famous as an alternative to conventional financing methods. The aticle method used is qualitative research with secondary data and doctrinal legal study methods. This article uses sustainable product innovation, modernization, and compliance with sharia principles. The results of the article found that the implementation of murabahah has several weaknesses, including: it is considered not in accordance with sharia, the nature of the contract is fixed, the down payment for sharia housing loans by murabahah is high, it is based on sharia, and cannot be used for refinancing, takeovers, and securing assets. The advantages of musyarakah mutanaqisah can be a solution to murabahah's weaknesses, because musyarakah mutanaqisah is safe according to sharia, suitable for long-term financing, down payments for sharia mortgages by musyarakah mutanaqisah are low, and according to sharia, musyarakah mutanaqisah can also be used for refinancing, takeovers and securing assets
Examining the Regulatory Frameworks Governing Prohibition of Torture in Warfare
Full text linkThe aim of the paper is to examine the regulatory frameworks governing the prohibitions of torture in warfare to determine their adequacy in protecting civilian populations against torture during armed hostilities. To address the threat posed by torture in warfare against the civilian populations, the regulatory frameworks on International Humanitarian Law (IHL), International Human Rights Law (IHRL) and International Criminal Law (ICL) are examined. It may be argued that although this regulatory framework is aimed at guaranteeing safety of the civilian populations in situations of armed hostilities but are not capable of dealing with the current challenges. The paper employs a doctrinal approach by identifying and analyzing the applicable rules of IHL, IHRL, and ICL. It demonstrates how these laws impact the basic rights of civilian populations during armed conflicts. The paper found that despite the performance of the Tribunals as regulatory measures, they are confronted with several challenges prosecution and enforcement of their decisions. The paper concludes with recommendations that are relevant to address the challenges in order to ensure that the various frameworks are effectively implemented by States to safeguard the civilian populations from acts of torture during armed hostilities.
Genealogy of Islamic Business Organization: The Institutional Approach Towards Current Islamic Corporate Law
Full text linkThis article examines the social foundation which posed challenges to the adoption of corporate form as a business entity within the framework of Islamic legal tradition. This article employs juridical-normative research analysis with socio-legal approach. This paper concludes: (1) The corporate legal form was not required by the medieval Islamic legal system as well as the case in Western Europe due to several reason such as: an institutional vacuity; withdrawal of community capital resources into waqf institutions; stagnancy in institutional development of business organizations in Islamic law; and inability of the Muslim business elite to consolidate power. (2) In classical fiqh discussions, Islamic business organizations do not have legal personality. The closest approximation to corporate legal entities found in Islam have been bayt al-māl (public treasury), mosque property, and waqf (trusts). Recently, the scholars have approved the corporate form on the basis of fiqh principles of qiyas (analogy) and istihsan, or masaliha mursalah (public interest).
The Phenomenon of Divorce during the Election Period in the Perspective of Islamic Law
Full text linkThis article delved into the perspectives of Islamic law about the divorce phenomena as it pertains to the election period. This phenomenon has been the subject of very little research about Islamic law. Legal anthropology brings an Islamic and conceptual studies perspective to this study technique. Consequently, this study aims to provide an Islamic perspective on these events and analyze them from a legal Islamic perspective. This article explained that ikhtilaf happened throughout the Islamic culture. During the election period, societal shifts inside the family led to the dissolution of the marriage. Since political opinions do not constitute nusyuz against the spouse, Muslims are free to have differing views on this matter. Only in religious issues is a woman bound to obey her husband. Thus, divorce is forbidden in Islam because of disparities in personal decisions. This study is expected to provide the groundwork for Islamic law and help families work through disagreements over political candidates during election period
The Risks of Using Artificial Intelligence on Privacy and Human Rights: Unifying Global Standards
Full text linkArtificial intelligence (AI) presents significant opportunities and challenges, particularly balancing innovation with protecting privacy and human rights. The increasing integration of AI into daily life has amplified risks to digital privacy, access to information, and online communication, raising concerns about human rights violations. Governments must address these risks by implementing practical measures to ensure safe AI usage and redressing harm caused by unethical practices. This article explores the impact of AI on privacy and human rights, utilizing the 2024 Council of Europe Framework Convention on AI, Human Rights, Democracy, and the Rule of Law as a basis for ethical considerations. Employing an analytical methodology, the study examines international charters and national legislation to highlight disparities in addressing AI-related privacy concerns and to identify gaps between global human rights standards and digital technologies. Comparative analysis is conducted to evaluate international and national approaches to AI governance. The findings emphasize the urgent need for unified global standards to protect digital human rights, harmonize AI ethics, and reduce risks associated with AI applications. Recommendations include adopting comprehensive legal frameworks and promoting international cooperation to ensure ethical AI deployment aligned with human rights principles
Social Reintegration after the Implementation of Restorative Justice in the Indonesian Criminal Code
Full text linkThe current criminal code has been in force in Indonesia since 1918. Indonesia formulated criminal law reform in 1963 and in 2023, a law on the national criminal code was issued. The spirit of the Indonesian criminal code is reformative, progressive, and responsive to changes to the law. One of the strengths of criminal law is regulating criminal law from the perspective and achievement of justice to repair and restore the situation after the event and judicial process known as restorative justice. The desire to strengthen restorative justice programs takes a long time and is complicated. This research aims to analyze the development of the concept of social reintegration through the application of restorative justice in the criminal justice process. This research was conducted qualitatively using secondary data and doctrinal legal study methods. The results showed that changes in criminal law arrangements caused opinion differences since restorative programs are widely used as a substitute for traditional and retributive approaches. The application of restorative justice in national criminal law must be implemented. Social reintegration in the implementation of restorative justice as regulated in the Criminal Code can be successful through commitment and collaboration between the community, government and law enforcement official
Illicit Enrichment in Corruption Eradication in Indonesia: A Future Strategy
Full text linkCorruption crimes in Indonesia are on the rise, particularly through illicit enrichment where individuals accumulate wealth outside of legitimate income. Although Indonesia has ratified the United Nations Convention Against Corruption (UNCAC), the specific issue of illicit enrichment outlined in Article 20 has yet to be implemented in national legislation. This article aims to investigate current and potential future strategies to combat such corruption. The research is a normative study using a comparative law approach and corpus-based critical analysis to assess Indonesia's anti-corruption efforts, explore the international standards set by illicit enrichment regulations, and draw lessons from the unexplained wealth laws in the United Kingdom and Australia. This research concludes that Indonesia has ratified UNCAC, but illicit enrichment in Article 20 of UNCAC has not been regulated in the law, so the practice of corruption is still so massive. To overcome this, strategic steps are needed in the future, such as revising the corruption law to include illicit enrichment regulations, optimizing institutions through bureaucratic reform, and activating community participation. Therefore, these three steps are very important in implementing the Illicit Enrichment regulation in advancing the corruption eradication agenda in Indonesia in the future
Digitalization of Islamic Banking in Indonesia: Justification and Compliance to Sharia Principles
Full text linkTechnological sophistication is observed to be increasing the necessity for digitalization of Islamic banks in Indonesia to avoid being abandoned by their customers, as conventional banks rapidly advance their digital offerings and set higher expectations for financial services. However, these banks are required to comply with Sharia principles for their products and services. This study was conducted to analyze the justification of digitalization of Islamic banking system and compliance of the digital services implemented to Sharia principles. It employed doctrinal legal study methods. Data were retrieved from literature references and were analysed qualitatively using a conceptual and statutory approach. The results showed several reasons to justify digitalization of Islamic banking system and these include the current demand for digital products and services, the prevalence of the millennial generation, and the legal backing provided for the advancement in Indonesia. These principles mandate that Islamic banks must avoid practices involving maisir (gambling), gharar (obscurity), haram (prohibited activities), riba (usury), and zalim (injustice). This study is novel in its comprehensive analysis of how digitalization can be harmonized with Sharia principles in the Indonesian context, providing a unique legal and practical framework for Islamic banks aiming to modernize their services while maintaining religious compliance
Indonesia’s Sustainable Green Economy Policy in the Energy Sector: Challenges and Expectations
Full text linkThis paper comprehensively analyzes the challenges and prospects for achieving a sustainable green economy in Indonesia's energy sector, where fossil fuels dominate approximately 90.4 percent of the domestic energy supply, making the sector a major contributor to emissions. Despite ambitious targets, renewable energy development has progressed slowly, with only 0.97 GW capacity achieved out of a 3.4 GW target by the fourth quarter of 2023. Employing a normative research approach, this study draws from primary and secondary data sources to explore the obstacles hindering green economic transformation, including limited financing for technological innovation, insufficient long-term environmental policies, human resource constraints, institutional structures, regulatory coherence, and the need to balance economic tradeoffs. Key findings highlight that Indonesia must bolster its legal framework, strengthen infrastructure, foster policy alignment, secure financing, enhance technological capabilities, and expand renewable energy capacity. This paper seeks to contribute insights for formulating an integrated, resilient strategy to accelerate Indonesia's transition to a green economy within the energy sector