SHISHYA: Studies and Perspectives on Law and Justice
type: channel
description: SHISHYA: Studies and Perspectives on Law and Justice is an open-access and peer-reviewed journal published by Yayasan Bantuan Hukum Nayottama Reswara. It aims to disseminate research findings or theoretical insights by experts, academics, legal professionals, government representatives, members of non-governmental organizations, and legal analysts in the field of law. The articles of this journal are published biannually (January and July). Shishya is a Sanskrit term meaning “disciple” or “student,” traditionally referring to someone who studies under the close guidance of a guru. The term implies a deep and disciplined commitment to learning, not only intellectually but also morally and spiritually. In line with this spirit, SHISHYA: Studies and Perspectives on Law and Justice serves as an academic space for the development and transmission of critical and transformative legal knowledge, covering public law, private law, criminal law and justice, international law, corporate and commercial law, legal theory and jurisprudence, comparative law and legal history, as well as other related fields including Islamic law. SHISHYA: Studies and Perspectives on Law and Justice encourages scientific dialogue that values methodological rigor, depth of normative analysis, and moral awareness in understanding law as a system of values, social institutions, and instruments of justice, in order to shape legal thinking that is both principled and oriented towards sustainable justice in both local and global contexts.
publisher: Yayasan Bantuan Hukum Nayottama Reswara
language: en
publication name: SHISHYA: Studies and Perspectives on Law and Justice
issn: 0000-0000
items: Organizational Communication Ethics and Personal Data Protection: A Review of the Personal Data Protection Law
items: Protecting Victims of Human Trafficking: Harmonizing the Implementation of the Palermo Protocol in Indonesia and Nigeria
items: Dilemma of Consumer Protection Law Enforcement in E-Commerce in the Grabtoko Case: Who is Responsible?
items: Finality of Arbitration in Islamic and Positive Law: Analysis of Court Intervention in Non-Litigious Dispute Resolution
items: The Concept of Justice in Non-Litigious Dispute Resolution: An Analysis of Islamic Law and Positive Law
items: The Legitimacy of Child Guardianship in Orphanages at the Mandailing Natal Regency Orphanage Foundation
items: Violent Extortion and Criminal Prosecution: Comparative Insights from Positive Law and Islamic Criminal Law
items: Principles of Zakat Management and Fiqhiyah Objectives: A Literatur Review of Verses, Hadiths, and Zakat Laws
items: Tabayyun as a Mechanism for Verifying Criminal Cases in Islamic Criminal Law: An Analysis of QS al-Hujurat Verse 6
items: State Responsibility and the Indus Waters Treaty Following the Pahalgam Attack: A Case Study India vs Pakistan
items: Implementation of Wadiah Contract in Hajj Savings Management System at Bank Syariah Indonesia Belitang Sudirman Branch
items: Negligence in the Medical Profession: A Comparative Study of Islamic Law and Indonesian Law
items: Legal Analysis of Notaries’ Authority in Virtual Contract Meetings under Notary Law and ITE Law
items: Absence of Sanction Regulations: Conceptual Weakness of PKPU Number 15 of 2023 on Election Campaigns
items: Islam and the Constitution in Turkey: The Struggle of Islamic Law under the Shadow of Secularism
items: Behavioral Adaptation for Human Excellence in Digital Era: An Islamic Legal Perspective
items: The Function of Fingerprints in the Investigation Process to Identify Criminal Offenders
items: The Relevance of the Palembang Kingdom’s Laws to Indonesian Legislation: A Case Study on Theft
items: The Enforcement of Law Number 6 of 2023’s on Job Creation in Achieving Sustainable Development in Plantation Businesses

Organizational Communication Ethics and Personal Data Protection: A Review of the Personal Data Protection Law
type: item
description: This study examines the relationship between organizational communication ethics and the legal framework for Personal Data Protection in Indonesia, with a focus on Law No. 27 of 2022 (PDP Law). Using a qualitative approach based on library research and normative analysis of regulatory texts and academic literature, this study combines contextual integrity theoretical framework and privacy damage map to evaluate the compatibility between ethical principles (informed consent, transparency, accountability, minimization) and the legal provisions contained in Articles 20–21, Articles 30–46, Articles 51–56 of the PDP Law. The findings show that the PDP Law provides a normative foundation that is in line with ethical principles of communication, such as recognition of subject rights, DPIA obligations, and data breach notification obligations, but there is an operational gap due to formalistic consent practices, dependence on third parties, limited institutional capacity, and unfinished implementing regulations. This study also compares international experiences from 13 countries, such as the EU GDPR, Singapore’s PDPA, China’s PIPL, and other country models to formulate adaptive lessons. Recommendations include the implementation of privacy by design, a pre-campaign DPIA checklist, standardization of concise privacy notices and granular consent options, strengthening the role of the DPO and strict contractual clauses with vendors, and accelerating implementing regulations and capacity building programs. The novelty of the research lies in the integrative mapping of articles versus ethical principles, which produces specific operational recommendations for public relations units and policymakers.
subject: Articles
  topic: section
subject: Communication Ethics
  topic: keywords
subject: Informed Consent
  topic: keywords
subject: Organizational Communication
  topic: keywords
subject: Personal Data Protection
  topic: keywords
subject: Public Relations
  topic: keywords
creator: Wanda Iqwatul Qofifah
creator: Muhammad Dirgantara
creator: Fadhlan Maulana
creator: Zul Fahmi
rights: Copyright (c) 2026 Wanda Iqwatul Qofifah, Muhammad Dirgantara, Fadhlan Maulana, Zul Fahmi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-01-08
publication date: 2026-01-08
starting page: 47
ending page: 63
doi: 10.63306/t895mn34

Protecting Victims of Human Trafficking: Harmonizing the Implementation of the Palermo Protocol in Indonesia and Nigeria
type: item
description: Human trafficking remains a persistent transnational crime in many developing countries, notably Indonesia and Nigeria, where structural poverty and limited human-capital opportunities contribute to vulnerability. This study comparatively examines how both countries have incorporated the Palermo Protocol into their national legal and institutional frameworks and evaluates the effectiveness of victim-protection measures. Employing a normative-comparative design with descriptive-qualitative analysis, the research reviews primary legislation and implementing regulations (notably Indonesia’s Law No. 21 of 2007 on the Eradication of Trafficking in Persons and related implementing regulations, and Nigeria’s Trafficking in Persons (Prohibition) Enforcement and Administration Act (TIPPEA), revised 2015) alongside institutional arrangements such as Indonesia’s inter-agency task force and LPSK, and Nigeria’s National Agency for the Prohibition of Trafficking in Persons (NAPTIP). Findings indicate both states have formally aligned domestic law with Palermo principles and established dedicated institutions, yet practical effectiveness is constrained by uneven inter-agency coordination, resource shortfalls, administrative barriers to restitution/compensation, and socio-economic and cultural vulnerabilities. The study concludes that legal harmonization must be matched by strengthened institutional capacity, simplified access to victim remedies, sustained funding, and community-level interventions to translate international standards into meaningful protection for victims.
subject: Articles
  topic: section
subject: Human Trafficking
  topic: keywords
subject: Legal Harmonization
  topic: keywords
subject: Legal Protection
  topic: keywords
subject: Palermo Protocol
  topic: keywords
subject: Victim Protection
  topic: keywords
creator: Affan Muhammad Hasibuan
creator: Hamza Naziru Zakari
creator: Aziz Ananta Halim Nasution
creator: Maulana Muklis
rights: Copyright (c) 2026 Affan Muhammad Hasibuan, Hamza Naziru Zakari, Aziz Ananta Halim Nasution, Maulana Muklis (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-01-06
publication date: 2026-01-06
starting page: 36
ending page: 46
doi: 10.63306/96qg7v75

Dilemma of Consumer Protection Law Enforcement in E-Commerce in the Grabtoko Case: Who is Responsible?
type: item
description: This study highlights the dilemma of enforcing consumer protection laws in online marketplaces in the Grabtoko case, which shows a gap between legal norms and their implementation in the field. The purpose of this study is to analyze the effectiveness of consumer protection laws in Indonesia, evaluate the investigation and prosecution processes in the Grabtoko case, and formulate policy recommendations to strengthen criminal law enforcement against misleading advertisements in e-commerce. This research is normative in nature, using a case study and legislation approach. Primary legal materials include the Consumer Protection Law, Government Regulation No. 80 of 2019, the ITE Law, and Decision No. 465/Pid.Sus/2021/PN JKT SEL, while secondary materials consist of law books, journal articles, and official online media reports. The analysis technique used is qualitative, in the form of legal document review and synthesis of legal arguments. The results of the study reveal inconsistencies in the application of norms, particularly in the verification of business actors and the authentication of digital evidence, as well as legal obstacles in proving the element of intent. The four-year prison sentence sets an important precedent, but the proof of subjective mens rea still needs to be strengthened. Recommendations include regulatory revisions, e-KYC certification, digital forensics training, and inter-agency coordination mechanisms to improve the effectiveness of law enforcement.
subject: Articles
  topic: section
subject: Consumer Protection
  topic: keywords
subject: Digital Marketplace
  topic: keywords
subject: E-Commerce
  topic: keywords
subject: Legal Responsibility
  topic: keywords
subject: Misleading Advertising
  topic: keywords
creator: Deri Darmawan Lubis
rights: Copyright (c) 2026 Deri Darmawan Lubis (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-01-05
publication date: 2026-01-05
starting page: 19
ending page: 27
doi: 10.63306/73fgbf16

Finality of Arbitration in Islamic and Positive Law: Analysis of Court Intervention in Non-Litigious Dispute Resolution
type: item
description: This study aims to analyze the extent to which judicial intervention in arbitration awards can be justified from the perspective of Islamic law and Indonesian positive law, as well as to assess the validity of such intervention based on the principle of finality of arbitration. Using a normative legal approach, this study compares Islamic legal norms regarding tahkim with arbitration provisions in national regulations, particularly those governing dispute resolution through non-litigation channels. The analysis was conducted through document review, legal interpretation, and comparison of norms to find points of convergence and divergence between the two legal systems. The results of the study show that both place arbitration awards as final decisions that must be respected in order to ensure legal certainty, efficiency in dispute resolution, and respect for the agreement of the parties. However, judicial intervention in positive law is possible to a limited extent under certain conditions, whereas in Islamic law, the decision of the hakam is final as long as the principles of justice and the willingness of the disputing parties are fulfilled. The conclusion of the study emphasizes that judicial intervention can only be justified as long as it does not eliminate the essence of the finality of arbitration and remains in line with the normative limitations of each legal system.
subject: Articles
  topic: section
subject: Arbitration
  topic: keywords
subject: Finality
  topic: keywords
subject: Judicial Intervention
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Indonesian Positive Law
  topic: keywords
creator: Mardiana Nst
creator: Khairun Nisak
creator: Muhammad Al Mujrin
creator: Mhd Muslimin
creator: Arda Billy
rights: Copyright (c) 2026 Mardiana Nst, Khairun Nisak, Muhammad Al Mujrin, Mhd Muslimin, Arda Billy (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-01-06
publication date: 2026-01-06
starting page: 28
ending page: 35
doi: 10.63306/yz1djv30

The Concept of Justice in Non-Litigious Dispute Resolution: An Analysis of Islamic Law and Positive Law
type: item
description: This study examines the concept of justice in non-litigious dispute resolution from the perspectives of Islamic law and Indonesian positive law, and explores prospects for integrating both into a national framework. The research asks how justice is conceptualized in Islamic mechanisms, how these conceptions are implemented within Indonesia’s ADR regime, what similarities and differences exist between the two legal traditions, and how they might be harmonized to strengthen national dispute resolution. Employing a qualitative library-research methodology, the study analyzes primary sources (Qur’an, Hadith, fiqh texts, and statutory regulations) and secondary literature, using descriptive qualitative analysis, comparative law methods, and normative legal evaluation. Findings reveal significant convergence around core principles—voluntariness, restorative orientation, efficiency, confidentiality, and attention to public welfare—while key divergences stem from ideological foundations (transcendental and moral in Islamic law versus secular-normative in positive law), the enforceability of outcomes, levels of procedural standardization, and institutional arrangements. Case studies demonstrate growing practical alignment, notably in sharia-compatible arbitration bodies, but also highlight gaps in mediator capacity, regulatory clarity, and enforcement mechanisms. The study recommends developing hybrid standards for sharia-informed mediator competency, revising legislation to recognize and regulate sharia-based mediation and arbitration, strengthening institutional harmonization, and promoting public education and digital platforms to expand access.
subject: Articles
  topic: section
subject: Alternative Dispute Resolution
  topic: keywords
subject: Arbitration
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Positive Law
  topic: keywords
subject: Justice
  topic: keywords
creator: Rita Defriza
creator: Sofwatun Nabilah Nasution
creator: Ahmad Afandi
rights: Copyright (c) 2026 Rita Defriza, Sofwatun Nabilah Nasution, Ahmad Afandi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-01-05
publication date: 2026-01-05
starting page: 9
ending page: 18
doi: 10.63306/cczt1j79

The Legitimacy of Child Guardianship in Orphanages at the Mandailing Natal Regency Orphanage Foundation
type: item
description: This study discusses the procedures and validity of at the Mandailing Natal regency orphanage foundation. This study uses a normative-empirical legal method through literature study and field data collection, which is analyzed qualitatively to compare legal provisions with child guardianship practices in orphanages. The results show that the guardianship process at the Mandailing Natal regency orphanage foundation is carried out in a simple manner, generally based only on a statement letter from the parents, without going through a court decision. This occurs because most of the children come from poor families or their origins are unknown, so the transfer of guardianship is carried out informally. However, legally, the foundation does not have the status of a legal guardian without an official appointment from a judge or through a parental will. The foundation’s ignorance of legal procedures also contributes to the lack of legality of guardianship. As a result, even though the foundation performs a caregiving function, legally they do not have full authority over the foster children. Therefore, formal legal steps are needed to ensure that the guardianship status complies with the provisions of the law and regulations.
subject: Articles
  topic: section
subject: Child Guardianship
  topic: keywords
subject: Childcare
  topic: keywords
subject: Foundations
  topic: keywords
subject: Legal Status
  topic: keywords
subject: Orphanages
  topic: keywords
creator: Alwi Ibrahim Lubis
rights: Copyright (c) 2026 Alwi Ibrahim Lubis (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2026-01-05
publication date: 2026-01-05
starting page: 1
ending page: 8
doi: 10.63306/yrnc7j56

Violent Extortion and Criminal Prosecution: Comparative Insights from Positive Law and Islamic Criminal Law
type: item
description: This study aims to review criminal acts of extortion accompanied by violence and threats from the perspective of Indonesian positive law and Islamic criminal law, whether committed by individuals or groups. The problem formulation focuses on the mechanisms for imposing sanctions and regulating punishment for extortion accompanied by violence in both legal systems. The method used is normative legal research with a doctrinal approach and relevant legislation. The results of the study show that Indonesian positive law regulates acts of extortion with violence in Article 368 of the Criminal Code, which carries a maximum prison sentence of four years, while Article 369 carries a maximum sentence of nine years. In Islamic criminal law, similar acts are associated with jarimah hirabah, so that the main sanction is ta’zir, the degree and form of which is left to the ijtihad qadhi; if the act causes physical disability, diyat is imposed. If it results in death, qishash may be imposed, unless the victim’s family forgives the perpetrator and demands payment of diyat. The recommendations from this study include that further research should be conducted empirically, analyzing state court decisions and qadhi practices, to assess the consistency of the application of sanctions and the factors that influence the judge’s considerations.
subject: Articles
  topic: section
subject: Extortion
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
subject: Positive Law
  topic: keywords
subject: Premanism
  topic: keywords
subject: Thuggery
  topic: keywords
creator: Warisman Warisman
rights: Copyright (c) 2025 Warisman Warisman (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-27
publication date: 2025-08-27
starting page: 103
ending page: 111
doi: 10.63306/6wkn4x81

Principles of Zakat Management and Fiqhiyah Objectives: A Literatur Review of Verses, Hadiths, and Zakat Laws
type: item
description: This article is a literature review that describes the principles of zakat management, its objectives and wisdom according to fiqh, the basis of verses and hadiths, and its legal basis in Indonesian positive law. The study is juridical-normative in nature, examining the Qur’an, hadith, fiqh books, Law No. 23 of 2011, and previous empirical studies. The findings reveal five main principles of zakat management, namely: professionalism, transparency and accountability, fairness and integration, community participation, and the benefits and efficiency of distribution. The objectives and wisdom include spiritual and socio-economic redistribution dimensions, while the conditions of zakat emphasize nisab, haul, and types of property. Qur’anic arguments and authentic hadiths emphasize the obligation and management of zakat, while Law No. 23 of 2011 provides institutional legitimacy through the role of BAZNAS and LAZ. The contribution of this article lies in its integrative synthesis linking sharia sources, fiqh principles, and national regulations, as well as its presentation of brief empirical case studies illustrating the practical implications of applying the principles of transparency and community participation. Methodologically, this article constructs a conceptual map that can be used by researchers and policymakers to assess zakat management practices. These synthetic findings provide an empirical-theoretical basis for the design of more effective operational standards and monitoring mechanisms in the context of fiscal decentralization and social protection programs.
subject: Articles
  topic: section
subject: Zakat Management
  topic: keywords
subject: Sharia Arguments
  topic: keywords
subject: Fiqh of Zakat
  topic: keywords
subject: Law on Zakat
  topic: keywords
subject: Legal Fondations
  topic: keywords
creator: Ayub Harahap
creator: Roni Risky Nasution
creator: Aditia Ahmad Nst
rights: Copyright (c) 2025 Ayub Harahap, Roni Risky Nasution, Aditia Ahmad Nst (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-21
publication date: 2025-08-21
starting page: 90
ending page: 102
doi: 10.63306/x7z3pt17

Tabayyun as a Mechanism for Verifying Criminal Cases in Islamic Criminal Law: An Analysis of QS al-Hujurat Verse 6
type: item
description: This research aims to identify the implementation of the principle of tabayyun QS al-Hujurat verse 6 in Islamic criminal case examination procedures, determine operational constraints, and design an applicable verification mechanism model. The research method is qualitative normative juridical with systematic literature study on the text of the Qur’an, tafsir, fiqh literature, KUHAP, as well as academic literature from journal articles and related books. The findings show that tabayyun is internalized through verification of news sources, crosschecking witnesses, and the oath of rejection of al-yamin which can guarantee the indictment is only based on valid evidence. This mechanism strengthens the presumption of innocence and substantive justice, and reduces the potential for slander and social stigma. The integration of tabayyun at the investigation, prosecution and trial stages ensures a layered and documented legal process. Practice in the field still faces obstacles, namely the lack of standardized guidelines, variations in application between jurisdictions, and limited forensic documentation. A comparison with KUHAP reveals Islam’s normative strengths in verification ethics, as well as positive law’s technical strengths in documentation and forensics. From the combination of the two systems comes a reconstruction model that includes an initiation stage, double verification, comprehensive documentation, pre-decision meetings, and periodic audits in accordance with maqasid al-sharia, this model offers a comprehensive verification framework that increases the accountability and legitimacy of Islamic criminal justice.
subject: Articles
  topic: section
subject: Corroboration
  topic: keywords
subject: Islamic Criminal Law
  topic: keywords
subject: Tabayyun
  topic: keywords
subject: Tafsir Ahkam
  topic: keywords
subject: Verification
  topic: keywords
creator: Nufair Ahmad Syihan
rights: Copyright (c) 2025 Nufair Ahmad Syihan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
date: 2025-08-10
publication date: 2025-08-10
starting page: 80
ending page: 89
doi: 10.63306/qfgy2g95

State Responsibility and the Indus Waters Treaty Following the Pahalgam Attack: A Case Study India vs Pakistan
type: item
description: This article aims to analyze the legal basis for state responsibility under the International Convention for the Suppression of the Financing of Terrorism and the Rome Statute. It also evaluates the role of the Indus Waters Treaty as a crucial legal instrument between the involved states. Employing a qualitative single-case study approach, the research utilizes primary data from UN treaties, the Rome Statute, official reports, and global news, supplemented by secondary data from academic journals and research institutions. The analysis is conducted using normative legal analysis, content analysis, and comparative analysis. The findings indicate that Pakistan’s logistic and financial support meets the criteria for both a breach of international law and a causal link to the attack. The study shows that the Indus Waters Treaty can be invoked as a basis for a reparation claim, although the dispute resolution mechanism is hampered by geopolitical pressures. Furthermore, a significant regulatory gap exists for addressing hybrid terrorism. This article concludes by emphasizing the need for a hybrid legal framework that integrates treaty law and customary norms. It recommends amending anti-terrorism conventions, enhancing the verification of hydrological data, and strengthening mutual legal assistance to prevent similar incidents.
subject: Articles
  topic: section
subject: Indus Waters Treaty
  topic: keywords
subject: Transnational Terrorism
  topic: keywords
subject: International Law
  topic: keywords
subject: Hybrid Law
  topic: keywords
creator: Zul Fahmi
creator: Ahmad Nizar Zuhdi Al Hakimi
creator: Achmad Faiq Ramadhan
creator: Syahredi Nofiza
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-08-08
publication date: 2025-08-08
starting page: 68
ending page: 79
doi: 10.63306/x1t09t37

Implementation of Wadiah Contract in Hajj Savings Management System at Bank Syariah Indonesia Belitang Sudirman Branch
type: item
description: This research is motivated by the numerous banks offering fundraising products, one of which is Bank Syariah Indonesia (BSI) Belitang Sudirman Branch, which offers the Indonesian Hajj Savings product. This product is crucial because many Muslims wish to perform the Hajj pilgrimage but are constrained by high costs. The role of Islamic banking is not merely to seek profit or serve as a worldly investment tool, but also as a means to draw closer to Allah SWT through contracts that align with Sharia principles. This study aims to determine the implementation of the wadiah contract applied in the Hajj savings management system at BSI Belitang Sudirman Branch and to ascertain whether the Hajj savings management at BSI complies with Islamic economic law principles. This research is a field study with a qualitative approach. The subjects of this research are employees of BSI Belitang Sudirman Branch and three Hajj savings customers. The data sources used are primary and secondary data. Data collection methods include interviews, observation, and documentation. The research findings indicate that, first, the implementation of the wadiah contract in Hajj savings management at BSI Belitang Sudirman Branch involves several steps. Prospective customers must meet requirements, such as bmitting their ID card (KTP) and Taxpayer Identification Number (NPWP) (if applicable), then filling out an account opening form via the BSI Mobile application with assistance from the bank. Once all data is entered and the contract is chosen, an ijab (offer) and qabul (acceptance) process takes place between the bank and the customer. In managing Hajj savings funds with the wadiah yad dhamanah contract, there is no profit sharing, as it is a deposit. Second, the management of these Hajj savings funds has been wellimplemented and adheres to Sharia principles, referring to the Qur’an, Hadith, and Fatwa DSN No. 02/DSN-MUI/IV/2000, which regulates savings with the wadiah yad dhamanah contract. Thus, t…
subject: Articles
  topic: section
subject: Implementation of Wadiah Contract
  topic: keywords
subject: Hajj Saving
  topic: keywords
subject: Management system at bank Excellent individuals
  topic: keywords
subject: Excellent individuals
  topic: keywords
creator: Ahmad Munawir
creator: Nur Sangadah
creator: Muhammad Rois
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-07-30
publication date: 2025-07-30
starting page: 46
ending page: 53
doi: 10.63306/zxrwbb89

Negligence in the Medical Profession: A Comparative Study of Islamic Law and Indonesian Law
type: item
description: This paper examines the phenomenon of medical malpractice through the dual lens of Indonesian positive law and Islamic criminal law. Medical malpractice, defined as professional negligence deviating from established medical standards, poses significant legal and ethical challenges when it results in severe patient harm or fatality. In Indonesian positive law, malpractice is regulated through a comprehensive framework, including the Medical Practice Act (UU No. 29 of 2004), the Health Act (UU No. 17 of 2023), the Criminal Code (KUHP), and civil law provisions, which collectively impose administrative, criminal, and civil sanctions. In contrast, Islamic criminal law addresses malpractice within the broader context of safeguarding human life (hifz al-nafs) and property (hifz al-maal), emphasizing moral accountability through mechanisms such as diyat, qishash, and ta’zir. This study employs a conceptual and normative legal approach to analyze both regulatory systems, highlighting their respective strengths and limitations in addressing professional negligence. The analysis reveals that while positive law ensures legal certainty through codified regulations and formal adjudication processes, Islamic law offers a restorative and flexible framework that integrates ethical and spiritual dimensions into legal accountability. The paper concludes that an integrated approach combining both systems could enhance the regulation of malpractice, ultimately promoting improved patient safety and accountability in medical practice.
subject: Articles
  topic: section
subject: Malpractice
  topic: keywords
subject: Medical Negligence
  topic: keywords
subject: Islamic law
  topic: keywords
subject: Indonesian Law
  topic: keywords
subject: Professional Accountability
  topic: keywords
creator: Zul Fahmi
creator: Sopi Ade Fariza
creator: Nur Wasilah Agustina Mtd
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-07-30
publication date: 2025-07-30
starting page: 54
ending page: 60
doi: 10.63306/kqy31157

Legal Analysis of Notaries’ Authority in Virtual Contract Meetings under Notary Law and ITE Law
type: item
description: The advancement of information technology has brought significant changes in various aspects of law, including notarial practices. One of the main challenges in the digital era is how notaries can adapt their services to technological advancements, especially in organizing virtual meetings for contract creation. Law Number 30 of 2004 concerning the Notary Position, as amended by Law Number 2 of 2014 (UUJN), still regulates the obligation of physical presence in the creation of authentic deeds, while Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law) has recognized the validity of electronic documents as legal evidence. This study aims to discuss the legal authority of notaries in conducting virtual meetings for contract creation, using a normative approach that emphasizes the analysis of regulations. The research findings show that there is a gap between the existing regulations, where the need for digitalization in notary services has not yet been fully accommodated in the current legal system. Therefore, legal reform is needed to provide legal certainty for notaries in facing the digital era, without neglecting the principle of authenticity of notarial deeds.
subject: Articles
  topic: section
subject: notary
  topic: keywords
subject: virtual meetings
  topic: keywords
subject: Notary Position
  topic: keywords
subject: ITE Law
  topic: keywords
subject: law digitalization
  topic: keywords
creator: Virgiawan Cikal Permana
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-02-25
publication date: 2025-02-25
starting page: 38
ending page: 45
doi: 10.63306/q1rh0312

Absence of Sanction Regulations: Conceptual Weakness of PKPU Number 15 of 2023 on Election Campaigns
type: item
description: Advancements in information technology have brought significant changes to various aspects of law, including notarial practices. One of the main challenges in the digital era is how notaries can adapt their services to technological advancements, particularly in conducting virtual meetings for contract creation. Law Number 30 of 2004 regarding Notary Positions, as amended by Law Number 2 of 2014 (UUJN), still mandates physical presence in the creation of authentic deeds, while Law Number 11 of 2008 on Information and Electronic Transactions (UU ITE) has recognized the validity of electronic documents as legal evidence. This research aims to legally discuss the authority of notaries in conducting virtual meetings for contract creation, using a normative approach that emphasizes the analysis of legislation. The findings indicate a gap between existing regulations, where the need for digitalization in notarial services has not been fully accommodated within the current legal system. Therefore, legal reform is required to provide legal certainty for notaries in facing the digital era without neglecting the principle of authenticity in notarial deeds.
subject: Articles
  topic: section
subject: campaign
  topic: keywords
subject: sanction
  topic: keywords
subject: legal certainty
  topic: keywords
subject: legal vacuum
  topic: keywords
subject: election
  topic: keywords
creator: Khomaidi Hambali Siambaton
creator: Mahmud Mulyadi
creator: John Tyson Pelawi
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-02-20
publication date: 2025-02-20
starting page: 30
ending page: 37
doi: 10.63306/z8gwwh34

Islam and the Constitution in Turkey: The Struggle of Islamic Law under the Shadow of Secularism
type: item
description: The transformation of Islamic law in Turkey underwent significant changes after the adoption of secularism by Mustafa Kemal Atatürk in the early 20th century. The legal reforms undertaken led to the separation of religion from the state, removing the Islamic legal system from the constitution, and replacing it with civil law based on Western models. However, in recent decades, the rise of Islamist parties, especially the Justice and Development Party (AKP), has created a new dynamic in the interaction between secularism and Islamic law. This research aims to analyze the transformation of Islamic law in the Turkish constitution, the challenges and opportunities of integrating elements of Islamic law in the modern legal system. Using a qualitative approach based on literature study, this research examines constitutional changes, socio-political dynamics, and implications for the future of Islamic law in Turkey. The results show that although Islamic law does not have a formal position in the Turkish legal system, more flexible policies towards religious expression have provided space for the reinterpretation of Islamic law in social and educational aspects. This study contributes to understanding the complex relationship between secularism and Islam in a country with a strong historical background in both aspects.
subject: Articles
  topic: section
subject: Islamic law
  topic: keywords
subject: secularism
  topic: keywords
subject: Turkish constitution
  topic: keywords
subject: Islamist party
  topic: keywords
creator: Fadlan Masykura Setiadi
creator: Ayat Alsalih
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-02-20
publication date: 2025-02-20
starting page: 24
ending page: 29
doi: 10.63306/zy9hfm50

Behavioral Adaptation for Human Excellence in Digital Era: An Islamic Legal Perspective
type: item
description: The current advancement in the digitalization of information technology has significantly impacted various aspects of life, spanning communication, work, and social interaction. While digitalization offers convenience and efficiency, it also presents challenges related to changes in human behavior, such as technology addiction, the spread of hoaxes, and a decline in the quality of social relationships. In this context, it is important to understand how Islamic law plays a role in guiding Muslims to adapt to these changes without neglecting the moral and ethical values contained within religious teachings. This research aims to examine the role of Islamic law in shaping superior individual behavior in the digital era, emphasizing the principles of honesty, responsibility, and moderation. A descriptive analytical approach is used to explore how Islamic teachings can serve as guidelines in facing the challenges of digitalization, as well as to offer practical solutions in implementing Islamic values in daily life in the digital world. The results of this study are expected to provide insights into the importance of integrating the principles of Islam in shaping better digital behavior, as well as to contribute to the formation of excellent individuals.
subject: Articles
  topic: section
subject: Digitalization
  topic: keywords
subject: Behavioral Adaption
  topic: keywords
subject: Islamic Law
  topic: keywords
subject: Excellent Individuals
  topic: keywords
creator: Melia Rosa
creator: Muhammad Danil
creator: Agus Anwar Pahutar
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-02-20
publication date: 2025-02-20
starting page: 18
ending page: 23
doi: 10.63306/acqhbx03

The Function of Fingerprints in the Investigation Process to Identify Criminal Offenders
type: item
description: This study examines the role of dactyloscopy (fingerprinting) in criminal investigations, focusing on technical, procedural, and legal aspects to assess how fingerprints are integrated into the investigation process, the limitations of the method, and policy recommendations that strengthen the validity and admissibility of evidence. The method used is descriptive qualitative based on normative legal studies with in-depth literature review; data are analyzed through reduction, thematic categorization, and normative interpretation. The findings show that fingerprints serve as a primary identification tool, an elimination tool, and corroborative evidence that strengthens the reconstruction of events when integrated with other evidence; their effectiveness is highly dependent on the quality of the traces, the collection procedures at the crime scene, independent verification, and chain of custody documentation. The role of technology such as AFIS speeds up searches but should be treated as an aid that requires human verification, logging, and algorithm validation. Key challenges include degraded traces, contamination, procedural errors, analyst cognitive bias, algorithm limitations, resource constraints, and legal and ethical aspects related to the admissibility of evidence. Recommendations include standardizing crime scene SOPs, laboratory accreditation (e.g., ISO/IEC 17025), implementing blind verification, recording AFIS parameters, and providing legal education for practitioners and courts to improve transparency and legal certainty.
subject: Articles
  topic: section
subject: Fingerprint
  topic: keywords
subject: Dactyloscopy
  topic: keywords
subject: Investigation
  topic: keywords
subject: Criminal Offenders
  topic: keywords
subject: Identification
  topic: keywords
creator: Wami Irma Suryani
creator: Dilla Ayuna Letri
creator: Ade Arga Wahyudi
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-08-05
publication date: 2025-08-05
starting page: 61
ending page: 67
doi: 10.63306/kj66wd05

The Relevance of the Palembang Kingdom’s Laws to Indonesian Legislation: A Case Study on Theft
type: item
description: Islam Nusantara established its first political institution in the 13th century. However, some regions did not have the same political system. In total, there were 113 Islamic kingdoms that ruled over the Nusantara region: 32 in Sumatra, 28 in Sulawesi, 24 in Kalimantan, 10 in Java, 8 in East and West Nusa Tenggara, 7 in Maluku, and 4 in Papua. The majority of these kingdoms can be categorized as Islamic governments, while Hinduism was only present in small and remote areas. In Sumatra, some of these Islamic communities settled and expanded their influence as early as the 14th or 15th century. On the other hand, some kingdoms (such as Mataram) still adhered to conventional systems. This study is a literature review utilizing a descriptive analysis method. The research focuses on the political and legal dynamics of Islam in the Palembang Darussalam kingdom, aiming to reveal how the legal system was implemented based on the Simbur Cahaya Law Code and national legislation concerning theft cases, the existence of customary law, and its relevance to Indonesia’s legal framework.
subject: Articles
  topic: section
subject: Palembang Kingdom
  topic: keywords
subject: theft sanction
  topic: keywords
subject: Palembang Laws
  topic: keywords
subject: legislation
  topic: keywords
creator: Ayunda Zahroh
creator: Ahmad Mafaid
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-02-20
publication date: 2025-02-20
starting page: 8
ending page: 17
doi: 10.63306/y6sr6f18

The Enforcement of Law Number 6 of 2023’s on Job Creation in Achieving Sustainable Development in Plantation Businesses
type: item
description: This research aims to create sustainable development in the business field within the plantation sector and to be of particular and strategic concern in realizing the protection of human rights and the economic development of the country. According to the theory of justice proposed by L.A. Hart, fair law enforcement should not apply discriminatory measures against certain legal subjects. This research method uses 274 court rulings from 2015 to 2022 that adjudicated land ownership issues between the Community and Companies. The analysis results based on court ruling data show that 274 rulings on plantation land use cases imposed criminal sanctions on the Community, and there were no rulings imposing criminal sanctions on corporations. The inconsistency in the enforcement of criminal law against plantation business actors is based on the disharmony between Article 14 of Law Number 6 of 2023 concerning Job Creation and Article 107 of Law Number 39 of 2014 concerning criminal and administrative sanctions for violations related to plantation land. The conclusion of this research is the existence of inconsistencies that lead to discriminatory enforcement of sanctions against corporations compared to the community of plantation business actors who commit offenses under Article 107 of Law Number 39 of 2014 concerning Plantations.
subject: Articles
  topic: section
subject: liability
  topic: keywords
subject: plantation
  topic: keywords
subject: santions
  topic: keywords
subject: development
  topic: keywords
creator: Yuli Ari Shanty
rights: Copyright (c) 2025 SHISHYA: Studies and Perspectives on Law and Justice
date: 2025-02-20
publication date: 2025-02-20
starting page: 1
ending page: 7
doi: 10.63306/7b9nsd19