Prophetic Law Review

A Prophetic Law Approach to Reconciling Indonesia’s Uneasy Relationship with Cross-border Surrogacy

Dodik Setiawan Nur Heriyanto — 2024-06-30

The modernization of reproductive technology has made things easier for couples who are not yet blessed with children. Currently, the practice of surrogacy has been successful in providing children through surrogate mothers. Abroad, this practice can cross national borders, where the surrogate mother can come from a different nationality than the child's prospective parents. This practice is done to get good genes or offspring according to their hopes, especially if the couple rents a womb from a European or East Asian race. Two legal issues are studied in this research, namely those related to the legal status of the practice of surrogacy, which is cross-border according to private international law and Prophetic Law. Apart from that, this research also examines the urgency of regulating the practice of surrogacy in Indonesian law. This research, using a normative legal research methodology, concludes that even though the practice of surrogacy is considered legal based on private international law, from an Islamic Law perspective, this practice is strictly prohibited (Haram) because it obscures the child's lineage status. The law in Indonesia really needs to regulate the legal vacuum related to the surrogate mother practice both domestically and across national borders to ensure legal certainty.

Flight Cancellations: Infringement of the Carriage Agreement Between Airlines and Passengers

Rifqi Ananda Gelora Sitompul — 2024-08-13

Flight cancellations lead to passenger inconvenience and financial loss, as pre-purchased plane tickets are rendered null and void. The primary objective of this research is to examine whether flight cancellations by airlines, impacting passengers as consumers, constitute a breach of contract or not. This research also identified the legal responsibilities of airlines as business entities in such scenarios. Several research questions were proposed. The first issue is whether flight cancellations by airlines for passengers as consumers represent a breach of contract?; Second, we examined the legal responsibilities of airlines towards passengers as consumers when flights are canceled. Finally, we approached the legal responsibility of airlines for cancelled flights from a prophetic law perspective. In this normative research, a statutory approach was used to analyze the legal framework on the issue. This research regarded secondary data collected through library research, including primary, secondary, and tertiary legal materials. This research concludes that airline flight cancellations constitute a breach of contract from the perspective of passengers as consumers under Indonesian law. Besides that, two primary forms of legal responsibilities for airlines in cases of flight cancellations were identified. Airlines can either rebook affected passengers on the next available flight or refund the full ticket price previously paid by the passenger in cash and non-cash compensation. Moreover, those legal responsibilities imposed on the airlines are known in Islamic law with the ‘daman’ concept and in line with prophetic law pillars.

A Prophetic Law Basis for Strengthening the Values of Indonesian Consumer Protection Law Culture

Musataklima — 2024-08-16

This study analyzes the factors that cause the weakness of consumer empowerment in Indonesia and conducts a comparison to the other countries in order to strengthen the values of Consumer Protection Law based on the Prophetic Law. This study combines the normative and empirical legal research. The qualitative data used are from primary and secondary sources. The primary data are obtained through interviews with predetermined informants. Secondary data are collected through literature research. The results show that the lack of consumer empowerment is caused by the long distance between the institution implementing consumer protection and the consumer itself. As a result, it is difficult for consumers to access. On the other hand, the methods used to protect consumers are still non-formal. Second, strengthening the values of consumer protection law culture can be done through formal education based on Islamic prophetic values because with such a design, the intensity of consumer education can run in a programmed, organized, and systematic manner, and prophetic values can become the basis of energy to always fight for consumer rights through a critical attitude.

A Prophetic Law Perspective on Judicial Independence of the Indonesian Constitutional Court: Looking Back on 20 Years

Muhammad Anugerah Perdana — 2024-08-23

This research analyzes the pattern of Constitutional Court judicial reviews decisions in the last 20 years since its establishment against Islamic populism cases. This research applies legal normative methodology by conducting a literature review based on secondary data analysis and case study approach. This research concludes that, first, the Constitutional Court in Indonesia is inseparable from the influence of Islamic populism which is proven by the existence of 4/7 decisions that fulfilled the variable on the characteristics of populist decisions. Apart from the strong relationship between the state and religions, this is also coupled with the weakness of procedural law. The Constitutional Court opens the space for strengthening populism in influencing the Constitutional Court decisions. Second, the fading independence of the Constitutional Court may pose a danger to democracy, including to the human rights of minority communities and may eliminate the implementation of plural constitutionalism. Also, various international literature in the last five years shows us the Constitutional Courts have tendencies to challenge the rising of Populist Movement policies made by the Government through judicial review cases. Compared to the other countries, populist movement in Indonesia became a unique phenomenon due to the high influence of Islamic identity in the judges. Not only that, but the recent cases also show the institution more favoring the populist policies made by the government than protecting minority rights.

Science and Prophetic Law: Karl Popper's Falsification Principle and Three Worlds of Science

Muhammad Erfa Redhani — 2024-09-04

Kuntowijoyo has significantly influenced scholars in Indonesia, particularly in the realm of legal studies, through his concept of prophetic social science. This concept gave rise to Prophetic Law, a legal ideology that seeks to address societal issues by grounding legal principles in transcendental values. Prophetic Law emerges not just as a theoretical framework but as a practical ideology aimed at reforming and advancing legal science to solve contemporary problems. However, for Prophetic Law to be recognized as a valid and robust field of science, it must withstand rigorous testing, particularly through the process of falsification, as proposed by Karl Popper. This study aims to explore two critical aspects: first, the applicability of Popper's falsification theory to Prophetic Law, and second, the positioning and significance of Prophetic Law within Popper's three worlds of science. To investigate these aspects, a conceptual approach is employed, linking the principles of Prophetic Law with Popper's theories and delving into the philosophy of science to offer a comprehensive analysis. The study concludes that Popper's falsification principle is indeed relevant and necessary for testing the validity of Prophetic Law. Furthermore, in the context of Popper's three worlds of science, Prophetic Law currently resides in the second world, which is characterized by subjective ideas or what Popper refers to as "people's work." For Prophetic Law to evolve and become a universally accepted and applied legal framework, it must transition from the second world to the third world, where knowledge is objective and accessible to society at large.

A Sharia Perspective on E-Commerce Affiliate Marketing in Indonesia: A Study of Shopee Marketplace

Ainun Najib — 2024-09-06

Traditional face-to-face marketing has evolved significantly since the advent of online systems, leveraging technological advancements to create new models like affiliate marketing. Affiliate marketing has become increasingly prevalent in Indonesia, particularly within e-commerce platforms such as Shopee. As these modern marketing practices expand, ensuring that Islamic values are upheld in their implementation becomes crucial. This calls for a thorough examination of affiliate marketing through the lens of Islamic law. This research, based on a normative legal research methodology, explores the alignment of affiliate marketing practices with the principles of Islamic economic law, specifically scrutinizing the collaboration between Shopee and its affiliate participants. It is found that affiliate marketing, as practiced by Shopee, can be considered permissible under Islamic law, provided that certain conditions are met. The commission-based model employed by Shopee, and its affiliates closely mirrors the contracts of samsarah (brokerage) and wakalah bil ujrah (agency with a fee) in Islamic commercial law. These contracts ensure that the transactions comply with Islamic principles' ethical and legal framework, promoting fairness, transparency, and mutual consent.