Prophetic Law Review

Transforming Sharia Economic Dispute Resolution through E-Court for Simple, Fast, and Affordable Justice

2025-12-08T02:30:15+00:00

This study critically examines the implementation of the electronic court (e-Court) system in resolving Sharia economic disputes within Indonesia’s Religious Courts, focusing on selected jurisdictions in Jakarta, Yogyakarta, Central Java, and East Java. Introduced through Supreme Court Regulations No. 1 of 2019 and No. 7 of 2022, the e-Court system aims to modernize judicial processes and realize justice that is simple, fast, and affordable. Using a qualitative descriptive approach, the research draws on data from eight Religious Courts: East Jakarta, South Jakarta, Sleman, Wonosari, Sidoarjo, Surabaya, Pemalang, and Slawi, through interviews, observation, and document analysis. Findings show that while the e-Court system enhances administrative efficiency and transparency, its implementation remains uneven. Urban courts such as Jakarta and Surabaya demonstrate successful digital integration, whereas Wonosari, Pemalang, and Slawi face obstacles in infrastructure, internet access, and digital literacy. These disparities create hybrid practices and raise concerns about procedural validity and data security. From a prophetic law perspective, the e-Court reform embodies the moral ideals of humanization (amar ma’ruf), liberation (nahi munkar), and transcendence (tu’minuna billah). However, unequal access to digital justice contradicts these prophetic values. The study concludes that achieving ethical and inclusive digital transformation requires embedding prophetic legal principles into judicial policy to ensure that modernization serves humanity and justice, not merely administrative efficiency.

Constitutional Reinforcement of the Integration of Indonesian and Islamic Values

2025-12-08T02:30:13+00:00

The importance of reaffirming the fundamental values of Indonesian arises from the emergence of issues such as radicalism, terrorism, intolerance, ethnicity, religious, racial, and intergroup-related conflicts, social and economic inequality, poor law enforcement and justice system, and many other social problems. This situation is further exacerbated by additional social, political, legal, and constitutional challenges. In addressing these issues, strengthening the rule of law based on the protection of human rights remains an imperative. However, reinforcing the fundamental values of Indonesian is equally crucial. Indonesian fundamental values are deeply rooted in and derived from the national identity of its people. This article focuses on three research questions. How to put religion and its values in the Indonesian fundamental values? How do Indonesian fundamental values deal with current political and legal turbulence? How does the implementation of Indonesian fundamental value pluralism in the legal system? This article is based on doctrinal research involving secondary data. This study found that Pancasila as the foundation of the state constitutes a modus vivendi or noble consensus, or mîtsâqon ghalîdzâ in a religious sense, so Indonesian Muslims should accept Pancasila as mîtsâqon ghalîdzâ. The strength of the national bond also stems from the commitment to the implementation of a unitary national law that is rooted in Pancasila, which generates hierarchical laws based on the 1945 Constitution of the Republic of Indonesia. As the state ideology, Pancasila constitutes the primary source of all legal sources. There should be no law conflicting with the precepts of Pancasila.

Reconciling Maṣlaḥah and the Rule of Distinction in the Yemen Conflict

2025-12-30T08:41:29+00:00

The prevailing discourse on armed conflict frequently asserts that the difficulty in safeguarding civilians does not arise from an absence of legal norms. Instead, it reflects the persistent failure of both state and non-state actors to comply with existing regulations, particularly those embedded in International Humanitarian Law (IHL). A closer examination, however, reveals that such non-compliance is often enabled by the strategic exploitation of ambiguities and structural weaknesses within the legal framework itself, regardless of the normative authority or humanitarian values these laws embody. The effectiveness of civilian-protection regimes therefore depends not only on the existence of legal provisions but also on their robust promotion, contextual legitimation, and implementation mechanisms that meaningfully engage and protect the intended beneficiaries. Against this backdrop, the present study conducts an in-depth exploration of the intersection between al-Maṣlaḥah (public interest) and the IHL principle of distinction within the specific context of Yemen’s protracted armed conflict. By adopting a case-study design supported by qualitative analysis of conflict documentation and reports, the research investigates how the synergy between al-Maṣlaḥah and the principle of distinction might inform more responsive and culturally grounded strategies to enhance civilian protection and reduce harm in complex and asymmetrical warfare settings. Drawing on Islamic jurisprudential thought, foundational IHL doctrines, and empirical evidence from Yemen, the study offers nuanced insights into both the structural challenges and latent opportunities for strengthening civilian-protection frameworks. Ultimately, it seeks to contribute to a more integrative and context-sensitive approach to civilian protection in contemporary armed conflicts.

EU–ASEAN Green Bond Policies: A Legal Comparative Review and Their Implications for Sustainable Finance Development in ASEAN

2025-12-30T08:41:27+00:00

Climate change presents an urgent and far-reaching global challenge, and current mitigation efforts remain insufficient to limit global temperature rise to the 1.5°C threshold set under the Paris Agreement. Although Southeast Asia contributes only modestly to global greenhouse gas emissions, the region faces disproportionately severe climate risks stemming from rapid population growth, accelerating industrialization, and continued dependence on fossil fuels. In this context, green finance—particularly the issuance of green bonds—has emerged as a pivotal instrument for mobilizing capital toward environmentally sustainable development and supporting the achievement of the Sustainable Development Goals (SDGs). The European Union has made notable progress in constructing a comprehensive and coherent regulatory framework for sustainable finance, exemplified by the EU Green Bond Standard, the EU Taxonomy, and related disclosure requirements. These mechanisms collectively enhance market integrity, promote investor confidence, and ensure the environmental credibility of financial instruments. By contrast, ASEAN member states confront persistent challenges, including regulatory fragmentation, limited institutional capacity, and underdeveloped legal infrastructures, which hinder the effective deployment and scaling of green bonds across the region. This article conducts a comparative legal and policy analysis of green bond frameworks in the EU and ASEAN, examining their respective regulatory architecture, implementation mechanisms, and degree of alignment with international standards. Through this comparison, the study identifies critical gaps within ASEAN’s regulatory landscape and highlights opportunities for strengthening sustainable finance governance. The article ultimately recommends the adoption of harmonized taxonomies, the formulation of coherent national policies, and the enhancement of regional cooperation as essential strategies for advancing a robust and credible green bond market in the ASEAN region.

Between Customary Justice and Criminal Accountability: Dayak Bakumpai Adat Law in Domestic Violence Resolution

2025-11-25T00:54:37+00:00

This study aims to analyze the role of Dayak Bakumpai’s Adat Law in resolving domestic violence (DV) cases. Dayak Bakumpai Adat Law continues to play a significant role in community life, particularly in addressing family conflicts, including DV. Although customary mechanisms are often preferred at the community level for their emphasis on deliberation, reconciliation, and social harmony, they cannot legally replace formal criminal prosecution for DV cases under Indonesian law. Therefore, this study provides a nuanced analysis to avoid implying that customary sanctions, such as fines or community service, constitute a lawful substitute for state-enforced criminal accountability. This study adopts an empirical approach, using a descriptive qualitative method that includes literature reviews and interviews with customary leaders and local community members. Data were also collected through field observations to understand the process of resolving DV cases based on Dayak Bakumpai's Adat Law mechanisms. The study results reveal that Adat Law demonstrates flexibility in handling DV cases through deliberation involving families, customary leaders, and community leaders. This customary resolution mechanism effectively maintains social harmony and prevents conflict escalation. However, the study also identifies challenges arising from inconsistencies between customary and national laws. In some cases, customary sanctions are deemed too lenient for DV perpetrators, raising concerns about the protection of victims, especially women. Still, they hold no authority to terminate or replace criminal liability. Additionally, Adat Law has not been fully recognized within Indonesia's formal legal system, leading to a duality of legal approaches in addressing DV cases. This creates a potential duality in legal approaches and underscores the need to harmonize customary practices with the national criminal justice system to safeguard victims’ rights while respecting local wisdom.

Aligning Indonesia’s Energy-Market Competition Law with the Sustainable Development Goals: Pathways to a Just Energy Transition

2025-07-21T07:05:36+00:00

Indonesia’s Sustainable Finance Roadmaps (2015-2019; 2021-2025) elevate renewable-energy investment to a national priority, yet the 2023 primary-energy mix is still dominated by coal (39.7 %) and petroleum (29.9 %), with new-and-renewable energy (NRE) at just 13.3 % far short of the 23 % statutory target for 2025. This article undertakes a doctrinal methodology to determine whether the country’s current legal architecture furnishes the pro-competitive conditions required to mobilise private capital toward NRE in harmony with the Roadmaps and Sustainable Development Goals 7, 13, and 16. The study systematically interprets (i) Law No. 30 of 2009 on Electricity, Law No. 22 of 2001 on Oil and Gas, and Law No. 21 of 2014 on Geothermal; (ii) implementing regulations and ministerial decrees on grid access, procurement, and feed-in tariffs; (iii) the Law No. 5 of 1999 and its 2023 implementing guidelines; and (iv) OJK Regulation No. 51/POJK.03/2017 on sustainable-finance disclosure. Statutory provisions are examined for hierarchical consistency, internal coherence, and conformity with Article 33(3) of the 1945 Constitution and Indonesia’s treaty obligations under the Paris Agreement. Doctrinal scrutiny reveals three normative defects: (1) the electricity law’s exclusive procurement mandate enables PLN’s de facto monopsony, contravening the non-discrimination principle in the Competition Law; (2) opaque tariff-setting regulations conflict with transparency duties embedded in the sustainable-finance framework; and (3) sectoral licensing rules omit explicit alignment with OJK’s green-taxonomy criteria, undermining legal certainty for renewable-energy sponsors. The article recommends statutory amendments to embed open-access grid clauses, mandate competitive tendering consistent with fair-competition norms, and cross-reference green-taxonomy thresholds in energy licences. These reforms would synchronise Indonesia’s competition regime with its sustainable-finance objectives and supply the legal certainty essential for a just energy transition.