Contrarius Series: Law & Social Justice

Religious-Ethical Perspectives on Traditional Health Law: Toward Culturally Sensitive Regulation

2026-03-08T07:25:52+00:00

Indonesia's rich natural resources and cultural traditions have given rise to a variety of traditional healing practices based on local wisdom passed down through generations. However, amidst the development of modern medicine, legal regulations regarding traditional health still face challenges in balancing medical effectiveness with the cultural, ethical, and religious values of the community. This study aims to examine the religious and ethical perspectives in the formation of traditional health laws in Indonesia and to formulate directions for the development of culturally sensitive regulations. The research method used is normative legal research with a legislative approach, and conceptual research using primary and secondary legal materials analyzed descriptively qualitatively. The results show that traditional health practices in Indonesia function not only as physical therapy but also have a spiritual dimension that strengthens the balance between body, soul, and faith. From an ethical perspective, legal regulations must guarantee patient protection, honesty, responsibility, and respect for the community's cultural autonomy. The integration of religious and ethical values in traditional health regulations has been shown to increase social legitimacy, legal compliance, and social justice. Therefore, the direction of the development of traditional health law in the future needs to be directed towards a legal system that is adaptive, inclusive, and rooted in the cultural and spiritual values of the Indonesian people, without neglecting the principles of medical safety and accountability.

Circumstantial Evidence in The Indonesian Criminal Justice System Perspective of Substantive Justice and The Principle of Restorative Justice

2026-03-08T07:34:58+00:00

This study examines the role and application of circumstantial evidence in Indonesia’s criminal justice system and its alignment with restorative justice principles. Using a normative juridical approach with statutory, comparative, and conceptual methods, the research reveals that circumstantial evidence plays a vital role when direct proof is unavailable. However, its application often challenges substantive and restorative justice due to potential bias and unclear legal guidelines. The study highlights, first the critical importance of applying circumstantial evidence within Indonesia’s criminal justice system as a form of indicatory evidence that can strengthen law enforcement. Although circumstantial evidence holds significant potential in supporting the proof of criminal cases, its application must be conducted with utmost caution to ensure that the principles of restorative justice are upheld. The analysis demonstrates that, when applied correctly, circumstantial evidence can make a substantial contribution to achieving substantive justice, provided that evidentiary standards are reinforced, and its use is supported by other evidence that is causally linked and relevant to the offense in question. Second, the application of circumstantial evidence requires careful consideration due to the risks of bias and injustice, which may undermine the integrity of the judicial process. Aligning Indonesia’s criminal justice system more closely with restorative justice principles allows the system not only to focus on punishment but also on restoration and rehabilitation for all parties involved. While circumstantial evidence plays a pivotal role in proving criminal cases, its success in achieving substantive justice depends on prudent, careful, and principled application consistent with the core tenets of restorative justice.

The Dynamics of Emotional Intelligence in The Sunnah: An Analytical Study of The Prophet’s (PBUH) Approach to Crisis Management

2026-03-08T07:45:22+00:00

This research investigates Emotional Intelligence (EI) through the Prophetic methodology, focusing on its application in crisis management. Although EI is a modern psychological framework, its core pillars, specifically self-management and empathy are fundamentally rooted in the life of Prophet Muhammad (PBUH). This study employs a descriptive-analytical approach to examine how the Prophet (PBUH) utilized these emotional competencies to navigate complex social and personal challenges. The study provides specific evidence of the Prophet’s (PBUH) emotional mastery. For instance, his self-management is exemplified in the "Year of Sorrow," where he maintained psychological resilience despite immense personal loss. Furthermore, his empathy is demonstrated in the "Conquest of Makkah," where he prioritized emotional reconciliation over retribution. These examples move beyond generalities, illustrating a sophisticated model of emotional leadership. A key focus of this research is the relevance of the Prophetic model to contemporary challenges. In an era marked by escalating psychological crises and social fragmentation, the Prophet’s (PBUH) approach offers a practical framework for conflict resolution and social cohesion. The findings suggest that integrating these spiritual-emotional strategies can significantly enhance modern interpersonal relationships. The study concludes that the Prophet (PBUH) serves as a timeless archetype for emotional intelligence, providing balanced solutions for managing the complexities of the modern world with wisdom and compassion.

Legal Recognition and Evidentiary Issues in Indonesia’s Digital Framework

2026-03-08T07:57:09+00:00

This study examines the epistemological and normative tensions between public truth and legal truth in the context of digital contracts in Indonesia. Public truth emerges from collective perceptions shaped by social media opinions, news narratives, and online justice movements. In contrast, legal truth derives from formal juridical processes that prioritize the validity of electronic signatures, contractual clauses, and evidentiary mechanisms in court. This divergence undermines the legitimacy of digital contracts, particularly when public discourse deems them unfair despite their legal validity. Existing research on digital contracts predominantly addresses legal validity and certainty, neglecting the epistemological dimensions of truth production and contestation. This study addresses that gap through normative juridical methods, employing qualitative analysis to interrogate disputes between contractual legality and online public opinion. The result reveal that tensions between public and legal truth erode public trust in the legal protections afforded by digital contracts. To mitigate this, regulatory transparency, enhanced digital law literacy, and responsive judicial dispute resolution mechanisms are essential. These insights underscore the urgent need to reconstruct the legitimacy of digital contracts in Indonesia, while offering a framework for comparative analysis in other jurisdictions facing analogous challenges.

Reclaiming Tawhid in Education: Advancing Global Citizenship, Digital Transformation and Human Rights through Policy Reform

2026-03-08T08:04:26+00:00

Globalization and the digital era have fundamentally transformed how education engages with diversity, intercultural dialogue and human rights. However, many Muslim-majority contexts continue to rely on secular paradigms that fragment knowledge, weaken spiritual foundations and limit contributions to global citizenship. This study employs a conceptual-analytical qualitative design to propose a Tawhidic model of education management as a policy framework that reclaims education’s divine purpose while addressing contemporary challenges of globalization and digital transformation. The analysis finds that positioning Tawhid as an epistemological core enables the ethical integration of GCED and digital transformation, providing a coherent normative framework for education policy in Muslim-majority contexts. The analysis reveals that by integrating Tawhidic principles with Global Citizenship Education (GCED), Islamic education can serve as a bridge between civilizational values and global human rights frameworks. The paper offers policymakers a pathway toward building inclusive, ethical and future-ready educational systems that advance sustainability in the digital age.

Islamic Family Law and the Future of Human Rights: A Bibliometric Analysis, 1928–2025

2026-03-08T08:13:06+00:00

This study traces the development of Islamic Family Law (IFL) literature from 1928 to 2025, focusing on its intersections with the literature on human rights. A title-only search on Scopus returned 299 records. Data cleaning and harmonization, as well as the generation of descriptive indicators, were performed in OpenRefine and BiblioMagika, while VOSviewer was used to construct the keyword co-occurrence and overlay maps. The review is organized around four questions, which concern publication trends and the influential journals for the discipline, the keywords and themes, and the intellectual networks formed through co-occurrence. The findings point to two growth spurts after 2000, a dual source ecology where regionally specific journals underpin volume while globally recognized law journals concentrate influence, and four stable intellectual clusters: marital constructions and gendered rights; doctrines and practices around polygamy and child marriage; the methods of codification that link state law and shariah; and plural legal systems in minority communities. The study provides a concise and reproducible baseline in IFL research and a human rights milieu for future scholarship.

Understanding Insults Across Languages: A Linguistic and Cultural Comparison of Animal-Related Idioms Among English as a Foreign Language (EFL) Students

2026-03-08T08:23:50+00:00

Idiomatic expressions related to animals, especially insults and offensive phrases, play a significant role in reflecting cultural attitudes and shaping interpersonal communication in any language. In English and Bahasa Malaysia, such expressions are frequently used but often misunderstood in cross-cultural contexts, leading to communication breakdowns. Despite their importance, there is limited comparative research exploring the linguistic features and cultural meanings of offensive idioms in these two languages. This study addresses this gap through a mixed-methods approach, compiling a corpus of animal-related idiomatic expressions and analysing their semantic nuances. Surveys and interviews with native speakers investigate how cultural contexts influence the interpretation and use of these expressions, while focus groups explore challenges bilingual speakers face in cross-cultural communication involving offensive idioms. The findings reveal linguistic patterns and cultural influences in the respondents’ understanding of English idiomatic expressions. This research underscores the need for culturally informed language education and enhanced intercultural competence to minimize misunderstandings. By filling a critical gap in comparative linguistics, the study offers valuable insights for language teaching, translation, and fostering effective communication in multicultural settings.

Daya Cipta and Islamic Innovation: A New Lens on Human Rights in Malaysia Madani

2026-03-08T08:30:19+00:00

This study examines Daya Cipta as a core pillar of Islamic innovation within the Malaysia Madani framework and its implications for reimagining human rights from an Islamic perspective. Grounded in the Qur’an, Sunnah and the intellectual tradition of ijtihad and maqasid syariah, Daya Cipta is conceptualised as a value-driven form of creativity that integrates ethical responsibility, spiritual consciousness and societal well-being. Using a qualitative approach based on textual analysis of policy documents, classical Islamic sources, and contemporary human rights literature, the findings reveal three key insights. First, Daya Cipta is not a novel policy construct but an extension of Islamic epistemology that positions creativity and innovation as moral obligations tied to human dignity and stewardship (khilafah). Second, the Malaysia Madani framework reframes human rights by embedding them within a relational model that balances individual entitlements with communal responsibility, ethical accountability and spiritual values. Third, comparative analysis of selected development and governance indicators suggests that innovation guided by Islamic values can support sustainable human development without detaching rights from morality. Overall, the study demonstrates that Islamic innovation through Daya Cipta offers a new analytical lens for human rights discourse, one that moves beyond secular universalism toward a more holistic, humane and contextually grounded model of governance. This research contributes to the growing scholarship on Islam and human rights by illustrating how creativity, when anchored in Islamic principles, can function as a transformative force for ethical governance and sustainable societal progress in Malaysia Madani.

Gamified Vocabulary Learning as a Pathway to Realizing the Human Right to Education for Vocational Students

2026-03-08T08:37:59+00:00

This review explores how gamified, checkpoint-based vocabulary learning supports the human right to education by promoting inclusive, equitable, and high-quality English instruction within Technical and Vocational Education and Training (TVET) contexts. Drawing from empirical and theoretical sources, the paper discusses gamification as an instructional innovation that aligns with human rights principles of participation, autonomy, and empowerment. Checkpoint-based designs, such as the dual structure of digital recall and peer interaction, offer meaningful opportunities for learners to experience linguistic growth through accessible and engaging modalities. By integrating game-based digital tools with collaborative activities, educators not only enhance vocabulary retention and speaking confidence but also advance social justice in education through learner inclusion. This review advocates embedding gamified checkpoints into vocational English curricula as a pedagogical expression of the right to education for all learners, particularly those marginalized by conventional academic structures.

Malay Medical Tibb Manuscripts from The Perspective of Civilization, Ethics, and Health Rights

2026-03-08T08:46:19+00:00

This study examines selected Malay Tibb medical manuscripts which namely MSS 813, MSS 845, MSS 1796, MSS 1820, MSS 1875, MSS 1923, MSS 2468(D), and MSS 2483(G), as expressions of a traditional medical knowledge system shaped by Islamic principles and local experience. These manuscripts document herbal formulations, therapeutic practices, and spiritual elements that reflect an integrated understanding of physical and spiritual healing. The study focuses on three analytical dimensions: (i) Malay-Islamic civilizational values embedded in the transmission of medical knowledge, (ii) ethical principles governing medical practice, and (iii) ethical conceptions of health, culture, and spirituality that may be discussed in relation to contemporary human-rights discourse. Employing qualitative textual and thematic analysis, the study examines the selected manuscripts through the analytical framework of maqasid al-shari‘ah, with comparative reference to selected principles of the Universal Declaration of Human Rights (1948). The findings suggest that Malay Tibb manuscripts function not merely as records of traditional medicine but as civilizational texts that integrate medical practice with ethical responsibility, cultural continuity, and spiritual awareness. Rather than projecting modern legal categories onto pre-modern texts, this study demonstrates how the ethical values embedded in these manuscripts resonate with contemporary discussions on access to healthcare, cultural sustainability, and human dignity. The article contributes to manuscript studies, medical humanities, and Islamic ethics by highlighting the relevance of Malay Tibb manuscripts for rethinking holistic and value-based approaches to health in plural and global contexts.

The Transformation of Balinese Customary Law in Addressing Human Rights Challenges: A Socio-Legal Perspective

2026-03-10T04:31:12+00:00

Balinese customary law (hukum adat Bali) represents a unique socio-legal system rooted in the indigenous philosophy of Tri Hita Karana, which harmonizes the relationship between humans, nature, and the divine. While its communal and restorative character has historically maintained social cohesion, the evolving global discourse on human rights introduces both challenges and opportunities for transformation. This study explores the transformation of Balinese customary law in response to human rights concerns, particularly regarding equality, non-discrimination, gender justice, and individual autonomy. Employing a socio-legal perspective, it examines how traditional institutions such as desa adat, paruman adat, and awig-awig adapt to contemporary legal and moral standards. Findings indicate that transformation occurs through interpretive flexibility, community dialogue, and state recognition, revealing a dynamic interaction between local wisdom and universal human rights norms

Inclusive Justice and The Future Human Rights and Criminal Law in The Era of Globalization

2026-03-10T03:10:29+00:00

This study examines the application of the principle of inclusive justice in criminal law enforcement in Indonesia, grounded in human rights values. In the context of a national legal system still dominated by a retributive approach, inclusive justice offers a new, more humane and participatory paradigm. This approach emphasizes the importance of protecting vulnerable groups and encourages the use of restorative mechanisms such as diversion and termination of prosecution based on restorative justice. Using normative legal research methods with conceptual and analytical approaches, this study demonstrates that integrating human rights values into criminal law can strengthen legal legitimacy, increase the efficiency of the justice system, and foster social reconciliation. This study recommends transforming legal culture and increasing the capacity of law enforcement officials as strategic steps towards a more just and civilized legal system.

Digital Based Sustainable Tourism Management and Local Wisdom in Serangan Village

2026-03-10T04:48:01+00:00

Bali currently possesses 238 designated tourism villages, including Serangan Village, which is classified as a pioneering tourism village (desa wisata rintisan). Several challenges persist among tourism villages in Bali, particularly those in the early stages of development; these include limited infrastructure, inadequate road access, and a lack of supporting facilities such as tourist information centers and proper sanitation. Furthermore, management and governance issues remain a critical concern. Many tourism villages in Bali still lack professional management, leading to suboptimal promotion, stagnant tourism product development, and minimal collaboration with key stakeholders, including local governments and the tourism industry. Additionally, many local residents lack the necessary skills in tourism management, digital marketing, and foreign languages. Consequently, in-depth research on sustainable tourism management integrated with digital transformation and local wisdom—is essential to ensure the long-term viability of tourism in Serangan Village.

Strategy for Strengthening Bagha Utsaha Padruwen Customary Villages (Bupda) Through Professional Management and Local Wisdom

2026-03-10T07:40:17+00:00

The development of the people's economy in Bali cannot be separated from the role of traditional villages as socio-cultural institutions that possess economic potential based on local wisdom. One of the institutional innovations of traditional economics developed is the Baga Utsaha Padruwen Desa Adat (BUPDA), a village-owned enterprise that aims to manage local assets and economic potential for the welfare of the village community. This study aims to examine strategies for strengthening BUPDA through the implementation of professional management and the integration of Balinese local wisdom values. The research method used is empirical legal research, with a normative-empirical approach to the laws and regulations and customary law applicable in Balinese society. The results show that the existence of BUPDA has a strategic role in strengthening the traditional economy, but still faces challenges such as a weak internal legal basis (BUPDA pararem), low human resource capacity, and a lack of professional governance. The implementation of professional management based on the principles of transparency, accountability, and effectiveness is a key factor in strengthening BUPDA institutions. Furthermore, the integration of the values of Tri Hita Karana, Tat Twam Asi, Nyama Braya, and Tri Kaya Parisudha serves as the moral and spiritual foundation for BUPDA management, ensuring its continued rootedness in Balinese culture. Therefore, strengthening BUPDA through professional management and local wisdom is expected to achieve sustainable, competitive, and independent traditional village economies while maintaining Balinese social and cultural harmony.

Entrepreneurial Engagement as a Catalyst for Human Empowerment: A Transdisciplinary Graduate Model

2026-03-10T06:42:45+00:00

This conceptual paper proposes a transdisciplinary framework to facilitate the transformation from knowledge to enterprise among social science and pure science graduates by positioning entrepreneurial engagement as a strategic pathway for human empowerment and progressive societal development. While grounded in the Malaysian higher education context, the framework is conceptualized to be adaptable across diverse national and institutional settings. Anchored in the Theory of Planned Behavior that explains how entrepreneurial intention and subsequent engagement are shaped by attitude, subjective norms, and perceived behavioral control. These psychological foundations are further strengthened through curriculum innovation, institutional support mechanisms, mentorship initiatives, and systematic exposure to entrepreneurial ecosystems. The framework responds to persistent global challenges surrounding graduate employability, skills mismatch, and the underutilization of scientific and social knowledge. By integrating transdisciplinary learning with established behavioral theory, the paper advances conceptual scholarship by extending the application of the Theory of Planned Behavior into a transdisciplinary entrepreneurial engagement domain. It highlights the importance of coordinated educational and institutional arrangements in nurturing empowered graduates capable of translating knowledge into meaningful enterprise. The paper concludes by outlining practical implications for higher education stakeholders and directions for future empirical validation.

Islamic Role of Bystander in Domestic Violence Prevention

2026-03-10T06:46:10+00:00

Domestic violence is a pervasive global issue cutting across ethnic, social and religious background, leaving behind serious social, psychological, and economic trauma in its victims, combating domestic violence (DV) is therefore, very crucial to human and societal development. This article aims to examines fighting domestic violence within the context of Islamic teachings, focusing on the religious, moral and legal obligations of bystanders. Using a qualitative approach, the study explores the fundamental sources of Islamic law; Quran, Prophetic traditions, and Islamic jurisprudential principles. The study examines the Islamic principle of Amr bil Ma’ruf wa Nahi anil Munkar (enjoining good and forbidding evil) as one of the fundamental principles of Islam which places both moral and religious obligation on bystander to intervene and protect the vulnerable in the face of aggression, hence, serves as contribution to the global fight against domestic violence particularly relevant for policymakers, scholars, and religious leaders.

Darshane as an Epistemological Ecosystem: Reconstructing Muslim Identity Through the Thought of Badiuzzaman Said Nursi

2026-03-10T06:53:39+00:00

This article examines the darshane namely study circles inspired by the Risale-i Nur corpus, as a dynamic epistemological ecosystem that cultivates holistic Muslim identity formation in the contemporary world. Drawing on the intellectual legacy of Badiuzzaman Said Nursi (1877–1960), the study situates Tullab al-Nur, a global community of learners, within the broader framework of tawhidic epistemology, where knowledge (‘ilm) is spiritually rooted, ethically directed, and communally embodied. Through a qualitative and reflective analysis, the paper identifies three key mechanisms by which darshane nurtures identity: (1) the internalization of metaphysical principles such as tawhid, hikmah, and hizmet; (2) dialogical learning (sohbet) that connects classical Islamic texts to modern dilemmas; and (3) the adaptive use of digital platforms without abandoning sacred pedagogical values. The article argues that darshane transcends conventional models of Islamic education by integrating intellectual inquiry, spiritual refinement (tazkiyah), and public service into a coherent educational philosophy. In addition, it critically works with the modern. critiques which denounce the movement as either liberal or outmoded, and which claim that its epistemological faith makes it possible to synthesize creatively and not to take sides. The research comes to the conclusion that the concept of darshane provides a repeatable example of the Islamic educational model. intelligent, neurotically sound, and spiritually oriented--based on. tradition but sensitive to world realities. Practical implications provide the necessity of shared structures between educators, technologists and civil society participants to maintain. this integrative model both formally and informally.

Artificial Intelligence in Business: A Literature Review from maqasid al-Shariah Perspective’s

2026-03-10T08:13:34+00:00

Artificial intelligence (AI) has emerged as one of the key drivers of global business transformation. Its use across various sectors from marketing, logistics, finance, healthcare and e-commerce has created immense opportunities for innovation and economic growth. However, its deployment also portends foundational challenges, including inequalities wrought by algorithmic bias, the threat of job loss via automation and the pressing need for institutional structures that safeguard society from manipulation by technology. From the Islamic perspective, all these issues have to be examined in terms of maqasid al-Shariah that is concerned with the safeguard of religion (Hifz al-Dīn), life (Hifz al-Nafs), intellect (Hifz al-'Aql), lineage (Hifz al-Nasl) and property (Hifz al-Māl). Using a narrative review, this paper examines AI literature from 2016–2025, a period reflecting AI’s transition into a major socio-economic force. The review focuses on workforce, ethics and governance; as these domains capture the most consequential impacts of AI and directly correspond to maqasid al-Shariah principles. The study illustrates that while AI has tremendous potential to make a contribution to productivity and economic sustainability, its beneficial applications can be utilized to the full only if combined with maqaṣid-inspired ethical frameworks supported by robust government policies. Beyond the Islamic context, this study contributes to the global discourse on ethical AI governance by offering a value-based framework that complements existing secular and regulatory approaches. Accordingly, the paper recommends the development of an Islamic AI ethical framework, sustained investment in workforce upskilling and reskilling and the formulation of maqaṣid-based public policies to ensure that AI technologies genuinely serve the broader interests of humanity.

Designing Adaptive Artificial Intelligence to Integrate 21st Century Competencies into Islamic curricula

2026-03-10T08:20:57+00:00

Traditional Islamic curricula often emphasize religious knowledge while underrepresenting competencies, which is important for thriving in the 21st century. This phenomenon creates a tension between religious aims and contemporary educational demands. This qualitative study explores how adaptive artificial intelligence (AI) tools can be designed and integrated to support holistic student development within a traditional madrasah setting. Using a multiple-case, design-based qualitative approach, data were collected through semi-structured interviews (n=18), focus groups (n=5), classroom observations, and curriculum documents across four institutions in Malaysia and Cambodia. Findings make four themes relatively: (1) alignment tensions between religious epistemologies and competencies, (2) flexible opportunities for skills development, (3) pedagogical redesign requirements such as teacher roles, assessment, and learning pathways, and (4) ethical, cultural, and infrastructural constraints shaping uptake. Participants emphasised adaptive AI’s potential to scaffold critical thinking, collaboration, and values-based decision-making when technologies are co-designed with scholars and teachers. However, success depends on careful value alignment, transparent algorithms, professional development, and contextualized assessment practices. The study concludes that adaptive AI can bridge traditional Islamic education and 21st-century competencies when being guided by a responsive design culture and government participation. It will significantly offer a scalable pathway to holistic student development and policy recommendations for curriculum reform.

Legal Settlement Mechanisms for the Use of Blank Checks as Collateral in Information Technology-Based Funding Service Agreements

2026-03-10T08:27:14+00:00

This study aims to examine the most effective dispute resolution strategies when the debtor issues a blank check as collateral in information technology-based funding service agreements. The concept of justice in this case encompasses both the concept of justice within the positivism paradigm and the concept of justice from the natural law perspective. This type of research is normative/doctrinal research. The research focuses on secondary data, which includes both primary and secondary legal materials. The data analysis technique uses qualitative data analysis. The conclusion-drawing technique uses deductive reasoning. Based on the results of this research, the dispute resolution method chosen in the event of a case involving the issuance of blank checks by debtors used as collateral in information technology-based financing agreements is a settlement method through the criminal justice system.

The Methodology Employed by Ahl al-Sunnah Wa al-Jama‘ah When Confronting Contemporary Challenges to Islamic Thought

2026-03-10T08:58:57+00:00

This study examined the role of Ahl al-Sunnah wal-Jama‘ah (ASWJ) in addressing contemporary challenges faced by Islamic thought as well as efforts to safeguard the integrity of the Islamic faith. This qualitative study analysed by using inductive, deductive and comparative methods. Findings indicate that ASWJ plays a crucial role in countering deviant ideologies and distorted interpretations through three key principles, namely strengthening faith (aqīdah) by understanding the 20 Attributes (Sifat 20), integrating rational (‘Aqlī) and divine (naqlī) arguments and applying the (Wasatiyyah) moderation arguments to refute misconceptions about Islamic teachings. Ultimately, the reaffirmation of ASWJ principles serves as the foundational core in the Usuluddin discipline, thus ensuring that Islamic theology remains grounded in divine revelation (wahy), rational reasoning (ʿaql), and spiritual purification (tazkiyah al-nafs) when confronting the complexities of contemporary thought.

The Rights of Indigenous Peoples in the Development of Tourism Destinations: A Human Rights Perspective

2026-03-08T10:28:06+00:00

Indigenous peoples are the ones most capable of determining whether a culture changes. Whether these communities can maintain their customs and traditions in an increasingly modern era will determine if that culture continues to survive. Despite this, in practice, Indigenous peoples are often treated as objects of tourism rather than as subjects or main actors. To address this challenge, an approach that respects participation and collective rights is needed to help Indigenous communities become successful participants in tourism. This research uses a normative legal method to explore possible solutions. Furthermore, tourism development must be grounded in a strong legal foundation, such as Law No. 39 of 1999 on Human Rights, Article 18B, paragraph (2), of the 1945 Constitution, and international principles such as UNDRIP, to protect the rights of Indigenous peoples. With these legal protections and if implemented properly, tourism can serve as a tool for empowerment and cultural preservation through harmonized regulations, meaningful participation, and the active role of Indigenous communities.

COVID-19 Pandemic and Dynamics of Worship Fatwas between States In Malaysia: A Preliminary Comparative Review

2026-03-08T14:50:33+00:00

The COVID-19 pandemic that struck globally has led to a sharp increase in mortality rates and significantly impacted various aspects of life in Malaysia. To curb the spread of the virus, the Malaysian government implemented the Movement Control Order (MCO), which altered many dimensions of daily living, including religious practices. This situation also influenced changes and variations in the fatwas issued by different fatwa institutions across Malaysia. This study examines the dynamics of change and divergence in fatwas related to acts of worship across Malaysian states during the pandemic, particularly regarding Friday and congregational prayers, row distancing in congregational prayers (saf), and the practice of face mask use. Employing a qualitative approach, the research draws on secondary data from official documents, literature reviews, and the official websites of religious authorities. The findings reveal that variations in fatwas across states were influenced by social and demographic factors, as well as differences in the administrative jurisdictions of religious institutions. These changes, however, were made in accordance with Islamic legal principles to uphold the maqāṣid al-sharī’ah, particularly the preservation of life. This aligns with key legal maxims such as lā ḍarar wa lā ḍirār and al-masyaqqah tajlibu al-taisīr. The study concludes that fatwa adaptations issued during the COVID-19 pandemic were prudent and reflect the flexibility and wisdom of Islamic law in addressing contemporary emergencies. Therefore, it is recommended that Malaysia’s experiences during the pandemic be systematically documented and analyzed as a foundation for developing comprehensive guidelines and frameworks for future fatwa and ijtihad responses to potential public health crises.

Towards Inclusive Governance: Regulatory Innovations in Licensing to Protect Indigenous Rights

2026-03-08T14:17:28+00:00

Changes to Indonesia's licensing system through Law Number 11 of 2020 and Government Regulation Number 28 of 2025 have improved government efficiency and digitalization. However, these changes have not adequately addressed inclusion and the rights of indigenous peoples. This study aims to explore innovations in licensing regulations to protect indigenous rights through three main approaches: procedural, substantive, and institutional innovation. Procedural innovation involves indigenous communities in public consultations, in line with the principle of Free, Prior, and Informed Consent (FPIC). Substance innovation calls for integrating customary law and local wisdom into regulations, aligning state law with local practices. Institutional innovation seeks to strengthen cooperation between the government and indigenous institutions to address licensing issues. The findings suggest that inclusive licensing promotes social legitimacy, ecological justice, and culturally based sustainable development. Thus, recognizing customary law is crucial for developing fair governance that reflects local wisdom.

The Presence of Parties in the Drafting of Notarial Deeds in the Digital Era: A Comparative Legal Study in Indonesian

2026-03-09T21:42:01+00:00

The digitalization of contract law and public services challenges traditional notarial practice, especially the rule that parties must be physically present before a notary when executing authentic deeds. Indonesia’s Electronic Information and Transactions Law (E-IT Law) recognizes the legal validity of electronic documents and signatures, yet the Notary Office Law still presumes in-person appearances. This normative-comparative study analyzes Indonesian instruments (Notary Office Law, E-IT Law, and Personal Data Protection Law) and compares e-notarization approaches in the Netherlands, Singapore, and Malaysia. We find that Indonesia’s physical-presence model is misaligned with the E-IT Law’s recognition of secure electronic documents. Dutch emergency measures during COVID-19 demonstrated that remote notarial acts can be institutionalized with safeguards in place. Singapore and Malaysia provide technologically neutral e-signature frameworks that support remote identification, robust audit trails, and data protection. We recommend amending the Notary Office Law to recognize an online presence as the functional equivalent of physical presence, provided that identity assurance, integrity, auditability, and data protection are satisfied.

Diversity in the Corporate World: The Role of Law in Safeguarding Human Rights in the Workplace

2026-03-08T15:29:54+00:00

The essence of labor law is to protect workers from arbitrary employer actions. This employment relationship is interdependent, where business entities require workers for operations, while workers depend on wages. Therefore, the rights and responsibilities of both parties, the company and the workers, need to be kept in balance. One fundamental worker right is protection consistent with religious principles, humanity, Pancasila, and the State's goals, as enshrined in the 1945 Constitution of the Republic of Indonesia (UUD1945). This protection aims to guarantee workers' basic rights, equal opportunity, and the prevention of discrimination, in order to realize the welfare of workers and their families. However, business development and the interests of business actors must not be ignored. Legal instruments for upholding workers' rights include specific regulations, such as Law Number 13 of 2003 of the Republic of Indonesia concerning Manpower. This research employs a normative juridical method to examine the role of law in safeguarding human rights in the workplace.

Regulation Lawyers’ Ethics in Digital Litigation: Issues and Reforms on Access to Electronic Evidence

2026-03-08T15:42:34+00:00

The digitalization of Indonesia’s judiciary has generated new ethical challenges for the legal profession, particularly in relation to access and use of electronic evidence. Key concerns include potential breaches of data confidentiality, manipulation of digital evidence, and the absence of clear ethical standards governing advocates in e-court proceedings. Current procedural law and the advocates’ code of ethics do not adequately address the complexities of electronic evidence, which inevitably raise issues of privacy, cybersecurity, and procedural justice. This study aims to examine the ethical dilemmas faced by lawyers in digital litigation in Indonesia and to formulate both normative and institutional solutions to strengthen professional accountability. Employing normative legal research in statutory, conceptual, and philosophical approaches, supported by case analysis involving evidence, the study highlights a regulatory gap in the advocates’ code of ethics and deficiencies in ethical oversight mechanisms. Missed leading in legal practices, especially in the electronic court, where everyone can access electronic evidence to support the need for regulation to protect electronic evidence in the electronic court. The findings suggest the need for reform through the incorporation of specific standards on electronic evidence within the code of ethics, enhancement of lawyers’ digital literacy, and establishment of technical guidelines by professional organizations and the Supreme Court.

Investigating Teachers’ Perceptions of the CEFR-Aligned Curriculum in Primary Education: Bridging Policy and Practice

2026-03-08T15:48:05+00:00

The Common European Framework of Reference (CEFR) has gained widespread international recognition as a global framework for language education, extending far beyond its original European context. As part of this global trend, Malaysia has implemented a CEFR-aligned English language curriculum, requiring teachers to adapt their pedagogical practices to internationally benchmarked standards. The success of such large-scale curriculum reforms depends heavily on teachers’ knowledge, acceptance, and interpretations of the framework. While previous studies have examined CEFR implementation across various contexts, empirical research integrating teachers’ knowledge and perceptions through mixed-methods approaches remains limited, particularly in non-European settings. Employing an explanatory sequential mixed-methods design, this study investigates Malaysian primary school English teachers’ understanding of key CEFR components and their perceptions of their influence on classroom practice. Data were collected through questionnaires and semi-structured interviews, with quantitative data analyzed using descriptive statistics and qualitative data examined through thematic analysis. The findings reveal a notable discrepancy between teachers’ generally positive perceptions of the CEFR-aligned curriculum and their insufficient understanding of core CEFR concepts, including proficiency levels, descriptors, and underlying principles, despite having received formal training. This gap poses significant challenges for meaningful classroom implementation. By highlighting disconnect between policy intentions and teachers’ CEFR literacy, this study contributes to international discussions on CEFR adoption, teacher cognition, and curriculum reform. The findings underscore the need for sustained, conceptually oriented professional development and offer transferable insights for policymakers and educators in other contexts adopting CEFR-based frameworks.

Integrating Sustainability into Indonesia’s Mining Regulation: A Normative Assessment of Downstreaming, Reclamation, and ESG Policies

2026-03-08T16:16:52+00:00

The growth of the mining sector in Indonesia has contributed significantly to national economic development, but it has also imposed serious environmental externalities. In response, the central government has enacted policies such as downstreaming mandates, post-mining reclamation requirements, and the promotion of Environmental, Social, and Governance (ESG) principles to promote green mining. This study evaluates the extent to which these policies embed sustainability principles and provide legitimate environmental protection in the mining sector. Using normative legal research, we analyze mining, environmental, and green mining regulations, supported by qualitative examination of policy implementation reports. We find that although sustainability dimensions are formally incorporated, policy execution faces major constraints: (1) downstreaming focuses heavily on economic interests with insufficient environmental controls, (2) reclamation obligations are often weakly supervised, and (3) ESG implementation remains voluntary, reducing legal certainty. We recommend stronger binding ESG regulation, integration of downstream policy with environmental instruments, and establishment of transparent oversight.

The Effectiveness of Quranic Study Classes Online and In-Person: A Comparative Analysis at elHidayah Islamic Academy, Batu Belah Klang

2026-03-08T16:21:16+00:00

The face-to-face Quranic study approach is a traditional method that emphasizes the accuracy of recitation and the preservation of the authenticity of Quranic knowledge through the principles of talaqqī and musyāfahah. However, advances in digital technology and changing learning norms have expanded the use of online Quranic study classes as an alternative to the traditional in-person method. Therefore, this study aims to assess and compare the effectiveness of online and physical Quranic study classes at El-Hidayah Islamic Academy in terms of Quran reading ability, teacher teaching methods, and class implementation. This study employs a quantitative approach via a survey of 140 students from both online and physical Quranic study classes. The research instruments include a structured questionnaire and an oral reading test, while the data is analyzed using descriptive statistics and independent t-tests. The findings show significant differences in Quran reading ability, particularly in aspects such as the pronunciation of hijaiyyah letters, correct Quranic recitation, and mastery of Tajweed rules, with students in the online Quranic study classes recording higher mean test scores. However, no significant differences were found in teacher teaching methods or class implementation between the two modes of learning. This study concludes that online Quranic study can be effectively implemented when supported by strong pedagogical guidance from teachers and systematic oral assessment practices. Therefore, a hybrid approach is proposed to combine the advantages of both online and physical learning, ensuring that the effectiveness of Quranic study remains in line with the principles of talaqqī and musyāfahah in contemporary Islamic education.

Structural Aspects of Shariah-Compliant, Women-Friendly Mosques: Towards a Generalizable Design Framework

2026-03-08T16:31:56+00:00

Mosques function as vital spaces for sustained worship and community engagement; however, structural provisions for women’s religious and communal activities are often inadequately addressed or insufficiently aligned with Shariah requirements. This inadequacy constitutes a core problem, as non-compliant or poorly designed architectural features may hinder women’s participation and compromise adherence to Islamic legal principles. Accordingly, this study addresses the problem by systematically examining structural design aspects and synthesizing them into a generalizable framework for Shariah-compliant, women-friendly mosque design. This article analyzes mosque design features that fulfill Shariah requirements for women, particularly regarding the preservation of modesty and privacy, ʿawrah, and the practical needs of women’s religious activities. Methodologically, the study adopts a qualitative approach comprising document analysis and observation, complemented by semi-structured interviews with relevant stakeholders from mosque institutions. The findings indicate that improving mosque design toward outcomes that are women-friendly and Shariah-compliant requires the development of dedicated guidelines specifying spaces for worship and women’s religious and community activities, thereby aligning mosque environments with Shariah obligations for women.

The Impact of Human Right on Royalty Restrictions in Intellectual Property

2026-04-15T05:20:28+00:00

The limitation of royalties within the intellectual property regime gives rise to tension between the protection of creators’ exclusive rights and the fulfillment of public interests, particularly from a human rights perspective. This study aims to analyze the ontological dimension of royalty limitations and their implications for human rights.The research questions addressed in this study concern the ontological nature of royalty limitations and their implications for the balance between intellectual property rights and human rights. This research employs a normative legal research method, utilizing statutory, conceptual, and philosophical approaches. The findings indicate that royalty limitations constitute an inherent aspect of intellectual property rights, which are non-absolute in nature and embody a social function. Such limitations play a significant role in expanding public access to healthcare, education, and knowledge; however, they may also diminish the protection of creators’ economic rights if not regulated proportionately. Accordingly, regulatory frameworks emphasizing the principles of proportionality and the balancing of interests are required to achieve harmonization between the protection of intellectual property and the fulfillment of human rights.