Journal Summary BULETIN ADALAH is an academic journal published by UIN Jakarta (Universitas Islam Negeri Syarif Hidayatullah Jakarta), Indonesia. The journal serves as a scholarly platform for the dissemination of research, critical studies, and academic discussions in the fields of Islamic studies, social sciences, and contemporary issues related to Muslim societies. BULETIN ADALAH aims to promote interdisciplinary dialogue by publishing high-quality articles written by academics, researchers, and practitioners. The journal encourages contributions that offer theoretical insights, empirical research findings, and policy-relevant analysis within national and global contexts. The journal is published periodically and is available online through its official website: https://journal.uinjkt.ac.id/index.php/adalah Editorial Team Structure: Editor-in-Chief: Nur Rohim Yunus Managing Editor: Gilang Rizki Aji Putra Editorial Board Members: Anggit Ardiansyah Reviewers: Experts and scholars from relevant academic disciplines The journal applies a peer-review process to ensure academic integrity, originality, and scholarly quality.
The Effectiveness of Village Heads as Mediators in Land Dispute Resolution: An Empirical Juridical Study in Pasilian Village, Tangerang Regency
Land disputes remain a persistent challenge in rural Indonesia, often threatening social cohesion and local development. While formal litigation offers a legally binding resolution, its cost, complexity, and length frequently deter village communities. Consequently, alternative dispute resolution through mediation has emerged as a preferred mechanism, with the Village Head functioning as a key mediator due to his or her formal authority and social legitimacy. This study examines the implementation and effectiveness of the Village Head's mediating role in land disputes in Pasilian Village, Kronjo District, Tangerang Regency. Employing a socio-legal or empirical-normative research methodology, the study combines analysis of statutory regulations with empirical data obtained through in-depth interviews, direct observation, and documentary analysis. The findings reveal that the Village Head performs multiple functions: as a facilitator of dialogue, a neutral intermediary, and a guardian of local wisdom. However, the effectiveness of this role is constrained by several factors, including limited legal knowledge regarding agrarian law and mediation techniques, the absence of standardised procedural guidelines, weak administrative documentation of land rights, and the potential for bias arising from kinship ties or local political interests. Furthermore, mediation outcomes lack formal executorial force, undermining legal certainty. The study concludes that while the Village Head's mediation offers significant advantages in terms of speed, cost, and social harmony, its sustainability requires institutional reinforcement through capacity-building programmes, clearer regulatory frameworks, and enhanced coordination with land agencies. Recommendations include the development of standard operating procedures for village-level mediation, systematic training for Village Heads in agrarian law and conflict resolution, and improved land administration systems to prevent future disputes. Keywords: Village Head; mediation; land dispute; socio-legal study; alternative dispute resolution
Implementasi Konsep Single Bar Dalam Organisasi Advokat Di Indonesia: Perspektif Ikatan Advokat Indonesia (IKADIN)
Advocate organizations play a significant role in improving professional quality, enforcing codes of ethics, and conducting supervision and development of advocates. Within the framework of the legal profession, the single bar concept represents an organizational model that centralizes the authority to regulate and manage the advocate profession under a single professional body. This concept is legally grounded in Law Number 18 of 2003 concerning Advocates, which served as the basis for the establishment of the Indonesian Advocates Association (PERADI) by the Indonesian Advocates Association (IKADIN) together with seven other advocate organizations as the sole advocate organization in Indonesia. However, institutional developments following the issuance of Supreme Court Decree Number 073/KMA/HK.01/IX/2015 have led to the emergence of various advocate organizations performing professional functions, thereby generating debates regarding the existence and implementation of the single bar system in Indonesia. This article aims to analyze the single bar concept within Indonesia's advocate organizational framework from the perspective of IKADIN and to examine the challenges faced in maintaining PERADI's position as the sole advocate organization. The study finds that the single bar concept continues to possess a strong juridical foundation under the Advocate Law; however, its implementation faces significant challenges arising from regulatory developments, judicial decisions, and the evolving dynamics of advocate organizations in Indonesia. Keywords: Single Bar, Advocate Organization, PERADI, IKADIN, Advocate Profession.
Tanggung Jawab Hukum Platform Media Sosial terhadap Konten Pengguna di Indonesia: Potret Conditional Safe Harbor, Sistem SAMAN, dan Tarikan Menuju Akuntabilitas Proaktif
Social media platforms have evolved from mere communication channels into digital public spheres mediating information, opinion, and expression for billions of users. The presence of illegal content—such as hate speech, pornography, disinformation, and incitement to violence—raises a fundamental question: to what extent are platforms legally responsible for user-generated content? This article analyzes Indonesia’s legal framework on platform liability, examining the intermediary liability regime, its evolution from safe harbor to conditional liability, and the implementation of the Content Moderation Compliance System (SAMAN). Using normative legal research with statutory, conceptual, and comparative approaches, the study finds that Indonesia adopts a conditional liability model requiring platforms to remove illegal content within specified deadlines upon notification, subject to administrative fines. However, regulatory fragmentation and limited due process safeguards undermine legal certainty. Comparative analysis indicates the need for stronger transparency standards and independent oversight mechanisms. Keywords: Intermediary Liability, Social Media Platforms, SAMAN, Electronic Information and Transactions Law (ITE Law), Conditional Safe Harbor, Content Moderation.
Kerja Sama Internasional dalam Penanggulangan Kejahatan Siber: Urgensi Ratifikasi Konvensi Budapest dan Pembentukan Rezim Kolaboratif bagi Indonesia
Cybercrime transcends territorial boundaries, constituting a transnational threat that demands coordinated international responses. This article analyzes the framework of international cooperation in combating cybercrime, evaluates Indonesia’s position within the global architecture, and formulates strategic measures to strengthen its engagement. Using normative legal research with statutory, conceptual, and comparative approaches, the study finds that the Budapest Convention on Cybercrime (2001) remains the most comprehensive multilateral instrument, providing a foundation for harmonizing substantive and procedural law as well as enabling rapid cooperation mechanisms. As Indonesia currently holds observer status, structural limitations persist, including delays in Mutual Legal Assistance (MLA) processes and lack of direct access to the 24/7 point-of-contact network. Analysis of cross-border cyber incidents affecting Indonesia demonstrates that without seamless cooperation, enforcement efforts frequently stall at issues of attribution and jurisdiction. The article concludes that accession to the Budapest Convention, coupled with domestic legal harmonization and proactive cyber diplomacy, is essential. Keywords: Transnational Cybercrime, Budapest Convention, Mutual Legal Assistance, International Cooperation, Jurisdiction.
Tantangan Aparat Penegak Hukum dalam Menangani Cybercrime di Indonesia: Kesenjangan Kapasitas, Regulasi, dan Kerjasama Lintas Batas
Cybercrime has evolved into a sophisticated, transnational, and rapidly mutating form of criminality driven by technological advancement. Law enforcement agencies, as the frontline actors in combating these offenses, face complex multidimensional challenges. This article aims to comprehensively identify and analyze the challenges encountered by Indonesian law enforcement authorities—particularly the Police, the Prosecutor’s Office, and related institutions—in addressing cybercrime. Employing a normative-sociological legal research method with statutory, conceptual, and case study approaches, the study reveals three principal clusters of challenges: (1) technical and human resource capacity gaps that lag behind technological developments; (2) procedural regulatory frameworks that remain insufficiently adaptive to modern cyber investigations; and (3) jurisdictional barriers and limited international cooperation in pursuing transnational offenders. Analysis of major cases, including ransomware attacks, cross-border online fraud syndicates, and dark web investigations, demonstrates persistent institutional constraints. The article concludes that comprehensive institutional reform, technological investment, and enhanced international collaboration are imperative. Keywords: Law Enforcement Agencies, Cybercrime, Technical Capacity, Jurisdiction, International
Peran Forensik Digital dalam Mengungkap Kejahatan Siber: Tantangan Prosedural dan Kebutuhan Standardisasi di Indonesia
Digital forensics is a multidisciplinary field that integrates information technology and forensic science to identify, secure, extract, and analyze digital evidence for judicial proceedings. This article examines the vital role of digital forensics in uncovering cybercrime in Indonesia, analyzing its legal foundations and identifying procedural and institutional challenges affecting its effectiveness. Using normative legal research with statutory, conceptual, and case study approaches, the study finds that digital forensics serves as a crucial mechanism for transforming volatile digital traces into admissible evidence that satisfies chain of custody requirements. The Electronic Information and Transactions Law (ITE Law) and relevant Supreme Court jurisprudence provide a legal basis for the acceptance of digital evidence. However, implementation faces significant obstacles, including fragmented procedural standards, limited expert personnel, regional disparities in laboratory infrastructure, and the absence of uniform national guidelines. The article concludes that strengthening standardization, certification, and institutional capacity is essential. Keywords: Digital Forensics, Cybercrime, Chain of Custody, Electronic Information and Transactions Law (ITE Law), Digital Evidence.
Kedudukan Bukti Digital dalam Sistem Peradilan Pidana Indonesia: Rekonsepsi Pengaturan dan Penguatan Chain of Custody di Era Cyber-Enabled Crime
Digital transformation has reshaped criminal activity and positioned electronic evidence as a central element in criminal investigations. This article analyzes the juridical status of digital evidence within Indonesia’s criminal justice system, focusing on its legal basis, evidentiary value, and challenges related to authentication and the preservation of chain of custody. Using normative legal research with statutory, conceptual, and case approaches, the study finds that the Electronic Information and Transactions Law (ITE Law) has expanded the closed system of evidentiary instruments under the Criminal Procedure Code (KUHAP) by formally recognizing electronic information and documents as admissible evidence. Nevertheless, significant issues remain, including unclear substantive requirements for admissibility, the absence of comprehensive chain of custody standards, and disparities in law enforcement capacity. Court decisions demonstrate that evidentiary strength often depends on proving integrity and authenticity rather than clear normative standards. The article concludes that procedural reform, standardized digital forensic protocols, and institutional capacity building are essential. Keywords: Digital Evidence, Chain of Custody, Criminal Procedure Code (KUHAP), Electronic Information and Transactions Law (ITE Law), Digital Forensics.
Blockchain dan Cryptocurrency: Tantangan Regulasi dan Kepastian Hukum dalam Arsitektur Keuangan Digital Indonesia
Blockchain and cryptocurrency have disrupted global financial systems through decentralized and transparent transactions. In Indonesia, however, these technologies face regulatory challenges rooted in conventional legal frameworks. This article analyzes Indonesia’s regulatory landscape on blockchain and cryptocurrency, identifies key issues, and proposes reform directions. Using normative legal research with statutory and comparative approaches, the study finds three main problems: unclear dual legal status of cryptocurrency as commodity and financial asset, weak mechanisms for seizure and enforcement of digital assets, and tension between regulation and the borderless nature of blockchain. Despite reforms under the P2SK Law and OJK supervision, significant legal gaps remain. The article concludes that comprehensive digital asset legislation is urgently needed. Keywords: Blockchain, Cryptocurrency, Legal Certainty, Digital Assets, Regulation.
Regulasi Kecerdasan Buatan (AI) dalam Perspektif Hukum Indonesia: Menimbang Kesenjangan, Risiko Keamanan Nasional, dan Cetak Biru Tata Kelola yang Berdaulat
Artificial Intelligence (AI) is a general-purpose technology that is transforming economic, political, and security systems. However, Indonesia lacks a specific AI regulatory framework and still relies on outdated legal instruments. This article analyzes Indonesia’s current AI governance, identifies regulatory gaps, and proposes improvements for rights protection and national security. Using normative legal research with conceptual and comparative approaches based on the EU AI Act, the study finds that the absence of an AI law creates legal uncertainty and increases risks of algorithmic discrimination, surveillance, and AI-related crimes. Existing draft regulations remain non-binding and insufficient. The article concludes that a risk-based AI law and independent oversight are urgently needed. Keywords: Artificial Intelligence, AI Regulation, Algorithmic Discrimination, Digital Surveillance, Governance.
Keabsahan Kontrak Elektronik dalam Transaksi E-Commerce: Fondasi Yuridis, Problematika Pembuktian, dan Urgensi Perlindungan Konsumen Digital di Indonesia
Abstract Electronic contracts form the backbone of e-commerce transactions in digital environments. This article examines the validity of electronic contracts under Indonesian law and identifies challenges in evidence and consumer protection. Using normative legal research, the study finds that the Electronic Information and Transactions Law (ITE Law) recognizes electronic contracts as legally valid and equivalent to conventional contracts under Article 1320 of the Civil Code. However, implementation issues persist, including standard form clauses, weak informed consent through “click-to-accept” systems, and unequal bargaining power. Evidentiary problems regarding authenticity and data integrity also remain. The article concludes that regulatory reform is needed to strengthen meaningful consent and consumer protection. Keywords: Electronic Contracts, E-Commerce, ITE Law, Consumer Protection, Consent.
Moderasi Konten dalam Perspektif Hukum dan Etika Digital: Menemukan Keseimbangan antara Ketertiban Ruang Digital dan Kebebasan Berekspresi di Indonesia
Content moderation has become a central governance mechanism for digital platforms, intersecting law, ethics, and business interests. This article examines Indonesia’s content moderation framework and its capacity to balance public order with freedom of expression. Using normative legal research, the study finds that Indonesia applies a government-driven notice-and-takedown model, reinforced by the Content Moderation Compliance System (SAMAN), while platform policies operate under separate standards. The regime raises due process concerns, including vague definitions of illegal content, limited transparency, and weak user remedies. The article concludes that stronger transparency rules, regulatory harmonization, and independent oversight are essential to ensure accountability and rights protection. Keywords: Content Moderation, Notice and Takedown, SAMAN, Due Process, Freedom of Expression.
Hoaks, Disinformasi, dan Penegakan Hukum di Ruang Digital: Menimbang Efektivitas Regulasi dan Perlindungan Kebebasan Berekspresi di Indonesia
The spread of hoaxes and disinformation in the digital sphere threatens social stability, electoral integrity, and public health in Indonesia. This article analyzes the legal framework governing hoaxes and its enforcement in relation to freedom of expression. Using normative legal research, the study finds that Article 28(1) of the Electronic Information and Transactions Law (ITE Law) provides a broad basis for criminal liability, yet its vague wording risks overcriminalizing lawful expression. Key challenges include unclear definitions, limited digital literacy, institutional fragmentation, and the transnational nature of disinformation. Cases involving COVID-19 and the 2024 elections show inconsistent enforcement and evidentiary obstacles. The article concludes that punitive measures alone are insufficient and calls for proportionate enforcement, improved digital literacy, platform cooperation, and institutional reform. Keywords: Hoax, Disinformation, Electronic Information and Transactions Law (ITE Law), Freedom of Expression, Law Enforcement.
Human Resource Authority and Professionalization within the Jakarta Metropolitan Police (Polda Metro Jaya): A Normative Legal Analysis of Institutional Reform in the Indonesian National Police
The Indonesian National Police (Polri) plays a strategic role in maintaining public order, enforcing the law, and delivering protection and public services as mandated by the 1945 Constitution of the Republic of Indonesia and Law No. 2 of 2002 concerning the Indonesian National Police. Professionalism within the police institution constitutes a fundamental prerequisite for fulfilling these constitutional functions, particularly in the jurisdiction of the Jakarta Metropolitan Police (Polda Metro Jaya), which faces highly complex legal and socio-political challenges. This study examines (1) the development of human resources (HR) within Polda Metro Jaya in fostering police professionalism and (2) the role of law enforcement processes in strengthening institutional HR capacity to enhance professional standards. The research employs a normative legal method using statutory and conceptual approaches to analyze regulatory frameworks, institutional policies, and professional ethics standards governing police conduct. The findings indicate that human resource development represents a critical pillar in advancing institutional professionalism, improving public service quality, and reinforcing public trust. Although adequate legal foundations and internal regulatory mechanisms are in place, the implementation of HR development at Polda Metro Jaya continues to face structural and cultural challenges. These include inconsistencies in ethical enforcement, limitations in professional capacity building, and resistance to organizational cultural transformation. This study argues that sustainable and integrity-based HR reform is essential to strengthening police professionalism and institutional legitimacy. The research contributes to the discourse on police reform by emphasizing the centrality of normative governance, ethical accountability, and organizational culture in achieving a professional and publicly trusted law enforcement institution. Keywords Jakarta Metropolitan Police; Police Professionalism; Human Resource Development; Police Ethics; Institutional Reform
Perkembangan Cybercrime dan Dampaknya terhadap Keamanan Nasional Indonesia: Analisis Ancaman Asimetris dan Strategi Ketahanan Siber
Cybercrime has transformed from conventional computer-based offenses into a multidimensional threat targeting critical infrastructure, political stability, and national economic resilience. This article analyzes the evolving modus operandi of cybercrime in Indonesia over the past decade and assesses its impact on national security within a multidimensional security framework. Using normative legal research with conceptual, statutory, and case study approaches, the study finds that cybercrime in Indonesia has progressed from online fraud and hacking to structured cyberattacks against national data infrastructure, digital espionage, and large-scale disinformation campaigns threatening political stability. The analysis indicates that existing regulatory frameworks, including the Electronic Information and Transactions Law and the Personal Data Protection Law, as well as institutional bodies such as the National Cyber and Crypto Agency (BSSN), remain largely reactive and insufficient to address the asymmetric and transnational nature of these threats. The article concludes that cybercrime constitutes an existential challenge to Indonesia’s digital sovereignty and requires comprehensive legislative, institutional, and regional intelligence cooperation reforms. Keywords: Cybercrime, National Security, Asymmetric Threats, BSSN, Hybrid Warfare.
Penyebaran Konten Ilegal di Internet: Tinjauan Yuridis terhadap Regulasi, Penegakan, dan Harmonisasi Hukum di Indonesia
The dissemination of illegal content on the internet represents a disruptive phenomenon that threatens public order, morality, and national security. This article provides a juridical review of Indonesia’s legal framework in addressing illegal online content, examining regulatory instruments, enforcement challenges, and the urgency of legal harmonization. Employing normative legal research with statutory, conceptual, and comparative approaches, the study finds that Indonesia’s regulatory regime remains fragmented across various sectoral laws, including the Electronic Information and Transactions Law (ITE Law), the Pornography Law, the Child Protection Law, and the Penal Code. This fragmentation creates overlapping norms, legal uncertainty, and the risk of criminalizing legitimate expression. Analysis of cases involving hate speech, pornography, and disinformation highlights the tension between effective enforcement and human rights protection. Cross-border jurisdictional issues and reliance on foreign platforms further complicate enforcement. The article concludes that regulatory harmonization, stronger due process safeguards in content blocking, and ratification of the Budapest Convention are essential for a fair and secure digital ecosystem. Keywords: Illegal Content, Electronic Information and Transactions Law (ITE Law), Legal Harmonization, Content Blocking, Digital Jurisdiction.
Peretasan dan Akses Ilegal dalam Perspektif Hukum Pidana Indonesia: Menimbang Ulang Konsep "Tanpa Hak" dan "Niat Baik" di Era Ethical Hacking
Hacking and unauthorized access to electronic systems constitute one of the most fundamental forms of cybercrime, threatening the confidentiality, integrity, and availability of data. This article examines the legal construction of hacking and illegal access under Indonesian criminal law, particularly the Electronic Information and Transactions Law (ITE Law) and the Penal Code, and evaluates whether these provisions adequately distinguish malicious actors (black hat hackers) from ethical hackers. Using normative legal research with statutory, conceptual, and comparative approaches, the study finds that the key phrase “without right or unlawfully” under Article 30 of the ITE Law generates interpretative uncertainty and risks criminalizing legitimate cybersecurity research. The absence of regulations on bug bounty programs and the doctrine of implied consent further places security researchers in a vulnerable legal position. The article concludes that Indonesian criminal law should adopt a differentiated approach recognizing ethical hacking through explicit safe harbor provisions and clearer enforcement guidelines. Keywords: Hacking, Illegal Access, Ethical Hacking, Electronic Information and Transactions Law (ITE Law), Bug Bounty..
Anatomi Penipuan Digital dan Tantangan Penegakan Hukumnya di Indonesia: Dari Social Engineering hingga Deepfake, serta Problematika Rezim Pembuktian
Abstract: Digital fraud has become the most pervasive criminal modality in the digital economy, transcending territorial boundaries and systematically exploiting human psychological vulnerabilities. This article analyzes the anatomy and evolving modus operandi of digital fraud in Indonesia and identifies the multidimensional challenges in its enforcement. Using normative legal research with case, statutory, and comparative approaches, the study finds that digital fraud has evolved from conventional phishing into complex psychological manipulation schemes enhanced by deepfake technology and automated systems. The analysis reveals that Indonesia’s criminal law framework, including the Penal Code and the Electronic Information and Transactions Law, still contains fundamental weaknesses in jurisdiction, evidentiary standards, and digital asset tracing. Major cases, such as binary options scams and banking social engineering schemes, confirm that law enforcement agencies often struggle to match the speed and sophistication of offenders. The article concludes that effective enforcement requires jurisdictional reform, strengthened digital forensic capacity, and enhanced international cooperation mechanisms. Keywords: Digital Fraud, Social Engineering, Deepfake, Electronic Information and Transactions Law (ITE Law), Digital Evidence
Tipologi Kejahatan Siber dan Penanggulangannya di Indonesia: Klasifikasi, Modus Operandi, dan Evaluasi Kerangka Hukum dalam Menghadapi Ancaman Digital Kontemporer
Abstract: Cybercrime has evolved from simple hacking into a multidimensional, organized criminal industry operating across jurisdictions. This article aims to classify the typology of cybercrime in Indonesia, analyze emerging modus operandi, and evaluate the effectiveness of existing legal and institutional frameworks in addressing these threats. Using a normative legal research method with typological, statutory, and case study approaches, the study identifies seven major categories of cybercrime in Indonesia, each with distinct technical characteristics and social impacts. The findings reveal that the national regulatory framework remains sectoral and reactive, failing to anticipate crime hybridization and the use of anonymization technologies such as cryptocurrency and the dark web. Case analyses of online fraud, ransomware, and online child sexual exploitation demonstrate a gap between law enforcement capacity and offender sophistication. The study concludes that combating cybercrime requires multidimensional strategies integrating digital forensics, international cooperation, and platform regulation. Keywords: Cybercrime, Typology, Electronic Information and Transactions Law (ITE Law), Law Enforcement, Digital Forensics.
Keadilan dalam Pendistribusian Royalti Hak Cipta Lagu dan Musik bagi Musisi: Analisis Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta
Abstract: Globalization and advancements in information technology have created new challenges in the protection of Intellectual Property (IP), particularly copyright in songs and musical works. The transformation of copyright into an economic asset has positioned royalties as the primary mechanism for distributing economic benefits to creators. However, the practice of royalty distribution in Indonesia continues to face structural issues, including the lack of clarity regarding royalty allocation between songwriters and performing musicians, which has led some creators to prohibit the use of their works. This study aims to examine the legal framework governing royalty distribution under Law Number 28 of 2014 concerning Copyright and to identify the factors influencing the prohibition of song usage by creators. The research employs a normative juridical method using statutory and conceptual approaches, analyzed through the theories of justice developed by John Rawls and Gustav Radbruch. The findings indicate that although legal protection has been normatively established, its implementation has yet to reflect substantive justice. Weak transparency in the royalty distribution system and the unequal bargaining position of creators constitute the primary factors contributing to disputes and restrictions on song utilization. This study recommends reforming the royalty management system to ensure greater fairness, transparency, and accountability in protecting the economic rights of creators effectively. Keywords: Royalties; Music Copyright; Distributive Justice; Copyright Law; National Collective Management Institute (LMKN).
Criminal Sanctions for Juvenile Bullying Offenders Resulting in Fatalities: An Analysis under Indonesia’s Juvenile Criminal Justice System Law No. 11 of 2012
The phenomenon of bullying among adolescents in Indonesia has shown an increasingly alarming trend, particularly when such behavior escalates into acts of violence resulting in loss of life. This condition raises complex legal issues, especially regarding the criminal liability of children as perpetrators. On the one hand, children in conflict with the law must be afforded legal protection and rehabilitation; on the other hand, the severe consequences of their actions demand law enforcement that ensures justice for victims. This study aims to analyze the regulation and application of criminal sanctions against child perpetrators of bullying resulting in death within the perspective of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, as well as to examine its conformity with the principles of restorative justice. This research employs a normative juridical method using statutory, conceptual, and case approaches. The legal materials consist of primary legal sources in the form of legislation, secondary legal sources such as legal literature and scholarly opinions, and tertiary materials as supporting references. Data collection is conducted through library research, while the analysis is carried out qualitatively using legal interpretation and legal reasoning methods. The results of the study indicate that under Law Number 11 of 2012, child perpetrators of bullying can still be held criminally liable, particularly in cases resulting in death. However, the imposition of criminal sanctions must take into account the best interests of the child and prioritize restorative justice principles. In serious criminal offenses resulting in death, diversion mechanisms cannot be optimally applied due to the limitations related to the severity of criminal sanctions. Therefore, formal criminal proceedings remain necessary while still integrating child protection principles in their implementation. In conclusion, the imposition of criminal sanctions against child perpetrators of bullying resulting in death is necessary for the enforcement of the law; however, it must be carried out proportionally without disregarding restorative justice principles. A balance is required between protecting the child offender and ensuring justice for the victim to achieve fair and humane legal objectives. Keywords: Bullying, Child Offender, Criminal Liability, Restorative Justice, Juvenile Criminal Justice System
Integrasi Ijtihad dan Taqlid dalam Pengembangan Hukum Islam Kontemporer
This study examines the integration of ijtihad and taqlid in the development of contemporary Islamic law through a comparative ushul al-fiqh perspective. It argues that viewing these concepts dichotomously obscures their complementary epistemological roles. While ijtihad provides legal dynamism and adaptability, taqlid ensures continuity, stability, and legitimate transmission of scholarly authority. Through historical and methodological analysis, the study highlights taqlid metodologis and collective ijtihad as effective models for contextualizing Islamic law without undermining its classical foundations. This integrative approach enables Islamic legal reasoning to remain coherent, responsive, and normatively grounded amid modern social and intellectual transformations. Keywords: Ijtihad, Taqlid, Ushul al-Fiqh
Perbandingan Metodologi Fatwa antara Ulama Klasik dan Modern: Ushul Fikih dan Kontekstualisasi Ijtihad
This study compares the methodologies of fatwa formulation between classical and modern scholars through a comparative ushul al-fiqh perspective, emphasizing the contextualization of ijtihad. It argues that classical fatwas were predominantly text-based, madhhab-oriented, and individual in nature, reflecting relatively stable social contexts. In contrast, modern fatwa methodologies respond to complex contemporary realities through collective ijtihad, interdisciplinary analysis, and a strong orientation toward maqāṣid al-sharī‘ah. Despite methodological shifts, both approaches remain grounded in ushul al-fiqh. The study concludes that modern fatwa methodology represents a contextual extension of the classical tradition, balancing textual fidelity with social relevance to ensure Islamic law remains adaptive, legitimate, and responsive to modern challenges. Keywords: Fatwa Methodology, Ijtihad, Ushul al-Fiqh
Ijtihad dan Otoritas Keilmuan dalam Ushul Fikih: Antara Tradisi Normatif dan Kontekstualisasi Hukum Islam
This study examines the relationship between ijtihad and scholarly authority within ushul al-fiqh, focusing on the tension between normative tradition and contemporary contextualization of Islamic law. It argues that ijtihad has always been governed by epistemological frameworks that define legitimate authority through methodological competence and hierarchical expertise. Classical ushul al-fiqh regulated ijtihad to prevent arbitrariness, while modern contexts demand adaptive reasoning to address complex social realities. Through comparative analysis, the study shows that contemporary ijtihad requires reconstructing scholarly authority toward collective, institutional, and maqāṣid-oriented models. This approach preserves methodological integrity while enabling Islamic law to remain dynamic, credible, and responsive to modern challenges. Keywords: Ijtihad, Scholarly Authority, Ushul al-Fiqh
Perbandingan Kebebasan Berijtihad dalam Tradisi Mazhab: Ushul Fikih dan Kontekstualisasi Ijtihad
This study compares the scope of freedom in exercising ijtihad across the four Sunni schools of Islamic jurisprudence through a comparative ushul al-fiqh perspective. It argues that freedom of ijtihad has never been absolute but has always been regulated by methodological frameworks shaped by each madhhab’s epistemological orientation. The Hanafi and Maliki schools emphasize substantive and contextual flexibility through rational reasoning and public interest, while the Shafi‘i and Hanbali schools prioritize methodological discipline and textual fidelity. The study concludes that these diverse models represent complementary approaches. In contemporary contexts, integrating their strengths enables responsible contextualization of ijtihad while preserving normative continuity and scholarly legitimacy. Keywords: Ijtihad, Madhhab, Ushul al-Fiqh
Analisis Taqlid dalam Perspektif Ushul Fikih Modern: Kontekstualisasi Ijtihad dan Reorientasi Otoritas Keilmuan
This study examines taqlid within the framework of modern ushul al-fiqh, focusing on its relationship with the contextualization of ijtihad and the reorientation of scholarly authority. It argues that classical taqlid functioned as a necessary epistemological mechanism to preserve legal stability, rather than as an obstacle to intellectual progress. Through a comparative analysis, the study shows that contemporary critiques often conflate legitimate taqlid with uncritical imitation. Modern ushul al-fiqh reconstructs taqlid as methodological adherence that supports collective and context-sensitive ijtihad. The study concludes that redefined taqlid complements ijtihad, ensuring continuity, legitimacy, and adaptability of Islamic law in rapidly changing social and intellectual contexts. Keywords: Taqlid, Ijtihad, Ushul al-Fiqh
Dinamika Ijtihad dalam Lembaga Fatwa Kontemporer: Perspektif Ushul Fikih dan Kontekstualisasi Ijtihad
This study examines the role of mujtahids within the Hanafi and Hanbali schools through a comparative ushul al-fiqh perspective, emphasizing their relevance for the contextualization of ijtihad. It argues that the Hanafi model prioritizes rationality and adaptability through ra’y, qiyas, and istihsan, enabling flexible responses to social realities. In contrast, the Hanbali approach emphasizes textual fidelity and methodological caution, ensuring normative consistency. However, later developments in Hanbali thought incorporate maqāṣid-oriented reasoning. The study concludes that integrating both rational and textual approaches allows Islamic law to remain adaptive, credible, and responsive to contemporary legal challenges. Keywords: Mujtahid, Ijtihad, Ushul al-Fiqh
This study analyzes the dynamics of ijtihad within contemporary fatwa institutions through a comparative ushul al-fiqh framework, emphasizing its role in contextualizing Islamic law. It argues that modern fatwa institutions have transformed ijtihad from an individual to a collective and institutional process, integrating multidisciplinary expertise. While rooted in classical methodologies, these institutions employ maqāṣid al-sharī‘ah to address complex global issues. Comparative insights show a synthesis of madhhab approaches, balancing flexibility and methodological rigor. Despite challenges such as political influence and information overload, fatwa institutions remain crucial mediators between tradition and modernity, ensuring relevant, accountable, and context-sensitive Islamic legal development. Keywords: Ijtihad, Fatwa Institutions, Ushul al-Fiqh
Perbandingan Tingkatan Mujtahid dalam Empat Mazhab: Ushul Fikih dan Kontekstualisasi Ijtihad
This study examines the hierarchical classification of mujtahid within the four Sunni schools through a comparative ushul al-fiqh perspective, emphasizing its relevance for the contextualization of ijtihad. It highlights levels such as mujtahid mutlaq, mujtahid mazhab, mujtahid tarjīḥ, and mujtahid fatwa, which reflect varying degrees of authority and competence in legal reasoning. While Hanafi and Maliki approaches demonstrate greater flexibility and contextual adaptation, Shafi‘i and Hanbali traditions emphasize methodological rigor and textual discipline. The study argues that this hierarchy enables continuity and innovation in Islamic law. In contemporary settings, activating these levels supports adaptive, methodologically grounded, and context-sensitive legal responses. Keywords: Mujtahid Levels, Ijtihad, Ushul al-Fiqh
The Scope of the Banten Provincial Government’s Authority in Population Control Under Indonesia’s Regional Governance Framework
This study examines the scope of the Banten Provincial Government’s authority in implementing population control policies within Indonesia’s decentralized governance system. The research is grounded in the principle of decentralization as regulated under Law Number 23 of 2014 concerning Regional Government, which establishes the distribution of governmental affairs between the central and regional governments. The study specifically addresses two main issues: first, the authority of the Banten Provincial Government in implementing population control programs; and second, the institutional balance between the National Population and Family Planning Agency (Badan Kependudukan dan Keluarga Berencana Nasional / BKKBN) and the Office of Women Empowerment, Child Protection, Population Control, and Family Planning of Banten Province (DP3AKKB) in implementing population control policies under Law Number 52 of 2009 concerning Population Development and Family Development. This research employs an empirical juridical method to examine the governmental affairs assigned to the Banten Provincial Government in the population control sector and to analyze the coordination between BKKBN and DP3AKKB as the primary institutions responsible for policy implementation. The study uses statutory analysis supported by empirical findings derived from institutional practices and policy implementation. The findings indicate that the authority of the Banten Provincial Government in population control affairs is regulated under Articles 11 and 12 of Law Number 23 of 2014 concerning Regional Government, which also carries financial implications under Law Number 33 of 2004 concerning Fiscal Balance between the Central Government and Regional Governments. Furthermore, the implementation of population control programs by BKKBN and DP3AKKB has not yet achieved optimal balance and effectiveness. This condition arises from the transfer of authority over family planning and population control programs from the central government to regional governments, resulting in policy disparities and variations in implementation among different regions. This study concludes that although decentralization aims to strengthen regional autonomy in population control governance, the shift in authority has created challenges related to institutional coordination, policy harmonization, and program effectiveness. Therefore, stronger intergovernmental coordination and regulatory synchronization are necessary to ensure effective and equitable implementation of population control policies across regions in Indonesia. Keywords: Population Control; Regional Government Authority; Decentralization; Family Development; Regional Autonomy; BKKBN; Public Governance; Indonesia.
Regional Government Authority in Granting Building Approval Permits Under Indonesia’s Job Creation Law: Centralization, Digitalization, and Local Administrative Power
This study examines the authority of regional governments in granting Building Approval Permits (Persetujuan Bangunan Gedung / PBG) under Law Number 6 of 2023 concerning the Stipulation of Government Regulation in Lieu of Law Number 2 of 2022 on Job Creation into Law. The study is motivated by the regulatory transformation from the former Building Construction Permit (Izin Mendirikan Bangunan / IMB) regime to the PBG system, which has significantly altered the distribution of authority between the central and regional governments within Indonesia’s decentralized governance framework. This research employs a normative legal research method using statutory and conceptual approaches. The analysis is based on primary, secondary, and tertiary legal materials examined qualitatively to evaluate the legal position and administrative authority of regional governments in implementing the PBG system under the current regulatory framework. The findings demonstrate that regional governments continue to hold a strategic role in the administration of building approvals, particularly in relation to technical assessments, supervision, and the implementation of norms, standards, procedures, and criteria established by the central government. Nevertheless, the Job Creation regulatory framework indicates a growing centralization of authority through the integration of digital licensing mechanisms, particularly the Online Single Submission (OSS) system, which has reduced the discretionary authority of regional governments in the licensing process. Furthermore, several implementation challenges remain evident, including limited human resources, inadequate technological infrastructure, and the lack of regulatory harmonization between central and regional authorities. This study concludes that the authority of regional governments in granting Building Approval Permits under Law Number 6 of 2023 remains legally recognized; however, such authority is primarily administrative and technical in nature within a more centralized regulatory structure. Therefore, strengthening institutional capacity, harmonizing regulations, and improving the integration of licensing systems are essential to achieving effective, efficient, and accountable public services in Indonesia’s building governance sector. Keywords: Regional government authority; Building Approval Permit (PBG); Job Creation Law; public administration; licensing system; decentralization; Online Single Submission (OSS); Indonesia.