POLICY, LAW, NOTARY AND REGULATORY ISSUES

Sharia Compliance and Implementation of Zakat Distribution Governance (Case Study of Al-Hidayah Mosque Citeras Lebak Banten)

2026-02-05T06:49:58+00:00

The implementation of zakat fund governance at the Dewan Kemakmuran Masjid (DKM) or Mosque Prosperity Council of the Al-Hidayah Mosque in Citeras, Lebak Banten, still operated within a traditional and poorly structured framework. This study aimed to analyze sharia compliance in the zakat distribution practices carried out by the Al-Hidayah Mosque Council (DKM) to zakat recipients (mustahik). This study combines field observations with doctrinal legal analysis using a qualitative normative-empirical methodology, with legal normativity analysis. The governance of zakat funds at the Al-Hidayah Mosque’s DKM remains largely traditional and has not fully aligned with sharia compliance principles, particularly in ensuring accurate targeting of zakat recipients (asnaf). Nevertheless, efforts have been made to adopt PSAK No. 109, which emphasizes accountability and transparency in zakat management. The mosque’s management also seeks to fulfill the mandate of Law No. 23 of 2011, Article 1, which defines zakat management as the planning, implementation, and coordination of zakat collection, distribution, and utilization. In practice, zakat distribution at Al-Hidayah Mosque has been directed to eligible asnaf groups, consistent with Article 27 of the same law, which allows zakat to be used productively to alleviate poverty and improve community welfare. However, zakat governance at the mosque still requires improvement, particularly through coordination with provincial and district/city BAZNAS, as mandated by Article 31 of Law No. 23 of 2011, which authorizes these institutions to collect and distribute zakat. The DKM of Al-Hidayah Citeras Lebak Mosque must also implement the Zakat Core Principles and strengthen zakat governance aspects.

The Dynamics of Differences in Schools of Thought in Households: A Review of Islamic Family Law and Case Studies

2025-11-25T11:02:18+00:00

The differences in religious schools of thought are highly likely to lead to marital conflict due to differing views and opinions regarding religious practices. The aim of this study is to investigate the impact of marriages between adherents of different schools of thought and their legal and social implications. The method of this research is qualitative research, with literature review analysis. The impact of differences in schools of thought in households consists of 3 impacts, namely Social, Doctrinal, and Psychological. On the social impact, differences in schools of thought apparently nearly destroyed the marriage of the couple. On the doctrinal impact, differences in schools of thought within marriage can create significant discomfort, particularly when one partner resists adopting the practices of the other. On the psychological impact, differences in schools of thought can become a strength in building a strong and blessed family. Furthermore, this research contributes to the discourse on Islamic family law and inter-maddhab marriage. The practical implication of this research is that it can inspire family consultants regarding inter-madhhab marriage. Further research can be discussed from the legal aspect of marriages between different madhhabs.

Understanding the Obligation to Register Former Customary Land Ownership Rights

2026-03-02T08:38:48+00:00

Land registration is a mandate of Law Number 5 of 1960 on the Basic Agrarian Regulations (UUPA), which aims to guarantee legal certainty and legal protection for land rights in Indonesia. Nevertheless, many lands that were formerly under customary ownership rights have not yet been registered and are only supported by administrative evidence such as girik or customary land title, letter C, or other tax documents. Such a circumstance engenders juridical ambiguity and heightens the likelihood of agrarian conflicts. Consequently, a thorough comprehension of the obligation to register lands formerly held under customary tenure is essential to achieving an orderly land administration framework. Employing a normative juridical methodology, this study integrates both statutory and conceptual approaches. Secondary data comprising primary, secondary, and tertiary legal materials were collected through library-based documentary research. The findings reveal that unregistered ex-customary lands lack robust evidentiary support for ownership, rendering their legal status susceptible to contestation. Within the national agrarian legal order, the conversion of customary rights into formal ownership rights necessitates land registration as a manifestation of state-conferred juridical recognition. Moreover, numerous impediments persist in the implementation of land registration, including low public legal consciousness, cumbersome procedural requirements, prohibitive costs, and restricted access to land administration services. Government Regulation No. 18 of 2021 mandates registration within a specified timeframe, signaling a policy-driven effort to expedite the juridification of land assets. This study affirms that accelerating registration not only fortifies legal certainty but also fosters socioeconomic stability and mitigates the emergence of land disputes.

The Phenomenon of Child Marriage after the Enactment of Law No. 16 of 2019 from the Perspective of Islamic Family Law

2026-02-10T05:32:58+00:00

Marriage is intended to create a harmonious and loving family, but early marriage, defined as marriage below the legal age set by Indonesian law, often involves children aged 0-18 and is therefore categorized as child marriage. This study aims to examines the phenomenon of child marriage after the enactment of Law No. 16 of 2019 and analyzes it from the perspective of Islamic Family Law. The study employs a library-based approach, with data collected, analyzed, and organized from articles, books, and previous studies. The study highlight that the practice of child marriage engenders severe repercussions across multiple dimensions. Developmentally, it curtails the opportunity for married children to achieve physical and psychological growth. Educationally, it abrogates their fundamental right to schooling. Socially, it renders them disproportionately vulnerable to sexual violence. Medically, early pregnancy, a common outcome, exacerbates maternal mortality rates and correlates with a heightened prevalence of infant growth disorders and malnutrition. Within the Indonesian context, child marriage constitutes a grave and pervasive issue. Under the legal regime predating the amendment of Law Number 1 of 1974 on Marriage which prescribed 16 years for women and 19 years for men as the minimum age for matrimony the incidence of such unions was substantially elevated. Statistical evidence reveals that approximately 375 girls, representing one in every nine, enter into marriage prior to attaining 18 years of age each day.

Legal Protection of Electronic Medical Record Data within Digital Based Health Information Systems in Indonesia

2026-03-26T04:18:39+00:00

The rapid advancement of digital health technology has transformed medical record management, making the legal protection of Electronic Medical Record (EMR) data increasingly critical. This study analyzes EMR data protection within digital-based health information systems in Indonesia, focusing on regulatory inconsistencies and their implications for data security and patient confidentiality. The research addresses a gap in current legal studies: the lack of comprehensive analysis integrating legal norms, institutional practices, and technological safeguards in EMR governance. It examines how existing legal frameworks ensure EMR data protection amid increasing digitalization and what structural weaknesses hinder implementation. Using a normative juridical approach with literature-based research, the study examines primary data from documented cases and EMR management reports, alongside secondary data including legal texts, academic literature, and prior studies. Data were analyzed through content analysis to identify legal inconsistencies, enforcement challenges, and systemic vulnerabilities. Findings reveal that primary legal issues lie in fragmented regulatory enforcement, absence of uniform institutional standards, and insufficient integration between legal provisions and technological systems. These gaps result in weak legal certainty and increased risk of data breaches. Existing regulations have not fully adapted to digital health system complexity, particularly regarding accountability and data protection mechanisms. This research contributes to legal scholarship by proposing harmonization of regulations, strengthening of enforcement mechanisms, and alignment between legal, institutional, and technological frameworks to ensure legal certainty, enhance patient data protection, and support sustainable development of digital health systems in Indonesia.

Strategies for Strengthening Harmonious Values in the Family from the Perspective of Islamic Family Law

2025-11-25T11:35:12+00:00

Understanding Islamic family law plays an increasingly important things in shaping individual character and strengthening family values, particularly within the Islamic legal framework. This study aims to describe Islamic family law perspectives on harmonious values and analyze strategies for their implementation in the Kampung Gebang community, Tangerang City. The family in Islam is regarded as a sacred institution and the foundation of a just and moral society, where harmony is aligned with the objectives of maqāṣid al-sharī‘ah which protecting lineage, preserving honor, and fostering peace. Using a qualitative socio-legal approach, the research integrates doctrinal analysis of the Kompilasi Hukum Islam (KHI), Marriage Law No. 1 of 1974, and relevant court decisions with empirical data from interviews, observations, and literature review. Findings reveal several interconnected strategies, including three categories in religious, legal, and sociological. These strategies, while sociological in practice, are deeply rooted in legal norms and obligations, such as parental duties, spousal responsibilities, and mediation procedures mandated by Islamic law and national legislation. Religious Courts reinforce these principles by prioritizing reconciliation and protecting children’s welfare. The study concludes that family harmony in Kampung Gebang is sustained through a balance of moral guidance and enforceable legal frameworks, offering practical insights into bridging normative Islamic law with lived community practice.

Reconstruction of Agrarian Reform Policy Based on Presidential Regulation No. 62 of 2023: A Juridical Study on State Responsibility in Guaranteeing Citizens’ Constitutional Rights to Land

2026-03-27T03:35:13+00:00

Land inequality remains a persistent issue in Indonesia, often leading to agrarian conflicts and limiting access for marginalized groups. Presidential Regulation No. 62 of 2023 was introduced to strengthen agrarian reform and uphold citizens’ constitutional rights to land. This study aims to examines Presidential Regulation No. 62 of 2023 as a key policy aimed at addressing inequality in land ownership in Indonesia, with a focus on how this regulation facilitates agrarian reform and resolves agrarian conflicts. The objective of this research is to evaluate the effectiveness of the policy in distributing land to marginalized communities and ensuring citizens’ constitutional rights to land. The method employed is a normative juridical approach, using library research as the technique for collecting legal materials. Data were gathered from primary sources, such as the regulation itself, and secondary sources, including books, journals, and previous studies on agrarian reform. The findings indicate that although this policy has the potential to reduce land inequality, its implementation faces significant challenges due to bureaucratic obstacles, political influence, and resistance from large landowners. This study concludes that the success of implementation largely depends on government commitment, effective oversight, and community involvement to ensure equitable land distribution and the resolution of agrarian conflicts.

The Egg-Stepping Tradition in Javanese Marriage Customs from the Perspective of Islamic Law

2025-12-13T03:32:20+00:00

Marriage is one of the most important events in human life. One of the ceremonies that demonstrates the harmonious blend of Javanese traditional weddings is the egg-stepping tradition. This study examines the permissibility (ḥukm) of the egg-stepping tradition within Javanese marriage from the perspective of Islamic legal principles, assessing its alignment with the Compilation of Islamic Law (KHI) and broader sharīʿah objectives. This study employed a qualitative method with a normative juridical analysis. The normative juridical approach, a key technique in legal research that stresses the examination of legal norms, doctrines, and principles, is used in this study. From the perspective of the Compilation of Islamic Law (KHI), the egg-stepping practice can be regarded as acceptable, provided that marriage is carried out in accordance with Islamic principles and that local customs do not conflict with sharia. Therefore, the egg-stepping tradition is not a problem, as long as it does not violate Islamic law. On the other hand, the egg-stepping ritual forms part of the symbolic sequence in Javanese traditional weddings, carrying deep philosophical meaning and cultural significance. Such customs reinforce the normative view that marriage is designed to establish a family, as outlined in the Marriage Law (Law No. 1 of 1974, amended by Law No. 16 of 2019). Consequently, these traditions may influence judicial interpretations, embedding communal values into legal reasoning. Future research could use qualitative methods to explore contemporary Indonesian ulama’s views on these traditions, addressing the community’s need for contextualized fatwa guidance.

Evaluating the Implementation of Suicide Prevention Policy in Gunungkidul Regency: A Van Meter and Van Horn Model Analysis

2026-03-18T11:22:30+00:00

Suicide in Gunungkidul Regency is a persistent public policy problem, affected by institutional and socio-cultural factors. This study measures the implementation of the suicide prevention policy contained in Regulation No. 18 of 2022 using Van Meter and Van Horn. Using a qualitative approach, through interviews, observations, and document analysis. The results show that policy implementation remains suboptimal, not only due to a separate constraint but also due to the interaction of weak operational standards, resource constraints, fragmented interorganizational communication, and socio-cultural barriers. The model highlights systemic gaps, including the lack of a localized Regional Action Plan, an imbalance in resource allocation between curative and preventive services, and inadequate cross-sectoral coordination. Additionally, the stigma surrounding mental health and the persistence of the Pulung Gantung myth further hinder early detection and community engagement. This study contributes by illustrating how the interaction between institutional capacity and the local socio-cultural context affects policy outcomes in a decentralized setting. Enhancing context-specific policy instruments and aligning cross-sectoral coordination are crucial for improving implementation effectiveness.

Deconstructing the Ambiguity of the Right to Build (HGB) over the Right of Management (HPL): Delegitimizing HPL on Non-Vital Land and Reconstructing Land Law in Indonesia

2026-04-24T08:45:58+00:00

The Indonesian land law system faces a fundamental problem in which HGB above HPL does not fully function as an independent land right due to its structural dependency on the administrative authority of the HPL holder. This research aims to examine the ambiguity of the construction of the Right to Build (HGB) over the Right of Management (HPL), to delegitimize the applicability of HPL on non-vital land, and to formulate a land law reconstruction that provides greater legal certainty and independence of rights. This research is normative legal research employing conceptual, statutory, legal theory, and comparative law approaches. Analysis is conducted qualitatively and prescriptively using Jacques Derrida’s legal deconstruction to dismantle the legitimacy of HPL, and Mochtar Kusumaatmadja’s Development Law Theory as the basis for legal reconstruction. The results show that the ambiguity of HGB over HPL stems from the structural dependency of HGB on the administrative authority of the HPL holder, which causes HGB to not fully function as an independent land right. Through the deconstructive approach, it was found that the legitimacy of HPL over non-vital land no longer has a strong public basis, because such land has in fact developed into a stable private or semi-private space. The findings suggest restricting HPL to strategically vital land while transferring non-vital land to a more independent rights regime through partial HPL release, state land reclassification, and stronger HGB holder protections.