Prophetic Law Review

The Appellate Body Crisis: Challenges and Reforms to the World Trade Organization Dispute Settlement Mechanism

Meeran Hameed — 2025-05-26

The World Trade Organization’s Appellate Body—the keystone of the organization’s two-tier dispute settlement mechanism—has been immobilized since December 2019, when the United States repeatedly withheld consent for the appointment of new judges, thereby breaking the quorum required to hear appeals. This paralysis has triggered cascading operational, legal, and political consequences. Drawing on doctrinal analysis of WTO agreements and a focused case study of recent unresolved disputes, this article charts three interlinked effects of the gridlock. First, it has produced an expanding backlog of appeals and encouraged so-called “appeals into the void,” leaving panel reports in limbo and eroding legal certainty for traders and governments alike. Second, the impasse has incentivized members to experiment with ad hoc alternatives—most notably the Multi-Party Interim Appeal Arbitration Arrangement—risking fragmentation of jurisprudence and unequal access to justice across the membership. Third, the stalemate has weakened trust in the WTO’s ability to enforce multilateral rules at a moment of intensifying geopolitical rivalry, undermining incentives for future rule-making on issues such as digital trade and climate-related measures. This study argues that narrowly framed procedural fixes are insufficient; instead, a holistic reform package is required. Recommended measures include a time-bound and automatic judge-appointment process insulated from single-member vetoes, streamlined appellate procedures to curb excessive litigation delays, and a renewed political compact—possibly codified in a ministerial declaration—reaffirming shared commitments to an independent and binding dispute settlement system. Restoring a credible and predictable appellate function is indispensable for preserving the WTO’s centrality in global trade governance and for sustaining confidence in a rules-based international trading order

Enforcement of Sharia Criminal Offences in Cyberspace: Challenges from Malaysian Legal Perspective

Suhaizad Saifuddin — 2025-06-25

The enforcement of Sharia criminal law in Malaysia faces substantial challenges in the digital era, where technological advancements have blurred traditional legal boundaries. Certain Sharia criminal offences committed in cyberspace remain difficult to prosecute due to jurisdictional limitations, evidentiary constraints, and the absence of specific legal provisions. These challenges underscore a growing disconnect between the enforcement of Sharia criminal law and the rapid evolution of digital technologies. This article examines the enforcement of Sharia criminal offences in cyberspace from the Malaysian legal perspective and proposes practical legal solutions to bridge the identified gaps. Employing a qualitative and doctrinal methodology, data were gathered through library-based research, statutory analysis, a review of reported cases, and relevant newspaper reports. The data were analysed using content analysis and descriptive methods. In addition, a comparative approach was adopted to assess the extent to which evidentiary and procedural frameworks from the common legal system in Malaysia could be adapted to enhance the effectiveness of Sharia criminal enforcement. In response, this article recommends targeted legislative reforms to enhance the Sharia legal system's capacity to address cyber-related offences, thereby ensuring that the enforcement of Sharia criminal law remains relevant and effective in the context of modern technological developments.

Press Freedom and Its Relevance to the Theory of People's Sovereignty In the Indonesian Legal Regime

Syafriadi — 2025-06-26

Press freedom in Indonesia intersects closely with the doctrine of popular sovereignty, yet its boundaries vis-à-vis state authority remain contested. Adopting a normative-juridical methodology with qualitative descriptive analysis, the research reviews constitutional provisions, statutes, judicial decisions, and scholarly commentary. Findings show that Indonesia’s normative commitment to a free press resonates with Jean-Jacques Rousseau’s concept of popular sovereignty, under which the state may regulate public life without extinguishing civil liberty. Second, despite guarantees in Article 28F of the 1945 Constitution and Law No. 40 of 1999 on the Press, journalists face political intimidation, media-ownership concentration, and insufficient legal protection and conditions that chill independent reporting. Consequently, press freedom functions as a barometer of popular sovereignty; an informed populace can exercise self-government only when information circulates freely, objectively, and responsibly. To bridge the gap between constitutional promise and daily practice, the article recommends amending the Press Law to strengthen newsroom independence, define interference penalties, and expand the Press Council’s authority to enforce ethical standards and safeguard journalists. Such reforms are essential to balancing state regulation with citizens’ right to reliable information and reinforcing Indonesia’s status as a constitutional democracy rooted in the people's sovereignty.

Legal Protection of Children's Rights Post-Divorce: A Study of Single Mothers in Malang Regency

Fairuza ‘Alima Fardindaputri — 2025-07-09

This study critically examines the capacity of single mothers to enforce child support obligations against former husbands following divorce proceedings in Malang Regency, Indonesia. The research adopts a qualitative fieldwork approach, employing purposive (non-probability) sampling to select participants. Data were collected through in-depth interviews with divorced women who have legal custody of their children, specifically those whose children were minors at the time the divorce decree was issued. According to Article 41 of Law No. 1 of 1974 on Marriage and Article 156 of the Compilation of Islamic Law, the financial responsibility for the maintenance and welfare of children rests with the father until the child reaches the age of 21, marries, or becomes economically independent. However, the reality encountered by many single mothers deviates sharply from this legal expectation. Many ex-husbands fail to comply with child support obligations, leaving mothers to bear the full financial and emotional burden of child-rearing. Interviews revealed several contributing factors to this negligence, including the ex-husband’s lack of personal responsibility, economic incapacity, unknown whereabouts, and interference from third parties such as new spouses or family members. Although Indonesian law provides mechanisms for legal enforcement of child support, the findings indicate that very few single mothers pursue formal legal action. This reluctance is attributed to strained interpersonal relationships, concerns over the child’s psychological well-being, the complexity and cost of legal procedures, and a general lack of faith in the efficacy of the legal system. The study concludes that existing legal frameworks are insufficient to guarantee effective enforcement of child support, as there is no specialized legal policy tailored to the unique vulnerabilities faced by single mothers. This regulatory gap underscores the urgent need for legal reform that prioritizes the welfare of children and ensures compliance with parental responsibilities post-divorce.

The Urgency of Enacting the Asset Confiscation Bill for the Eradication of Corruption and Money Laundering in Indonesia

Khilmatin Maulidah — 2025-07-09

Corruption and money laundering are classified as extraordinary crimes due to their significant impact on state finances and their potential to destabilize the national economy. These crimes not only result in the direct loss of public funds but also undermine trust in state institutions, obstruct development programs, and damage Indonesia's international reputation. Given the magnitude of these threats, there is an urgent need for effective legal mechanisms to recover stolen assets swiftly and efficiently. This study explores the urgency of ratifying the Asset Confiscation Bill as a critical step in enhancing Indonesia’s legal framework for combating corruption and money laundering. Currently, Indonesia’s asset recovery mechanisms are limited by procedural constraints embedded in existing laws on corruption and money laundering. These laws generally require a court decision with permanent legal force before any assets can be confiscated. Such a requirement often hampers swift action and allows perpetrators to conceal or transfer illicit assets during lengthy legal processes. This study, which uses a normative legal research method, relies on an analysis of laws, legal doctrines, relevant literature, and legal dictionaries to assess the shortcomings of current asset confiscation regulations. The findings suggest that the Asset Confiscation Bill holds great potential to fill these legal gaps. If enacted, the bill could provide a legal basis for the non-conviction-based confiscation of assets, enabling law enforcement to act more decisively in reclaiming assets suspected to be linked to corruption or money laundering. Such a reform would significantly bolster Indonesia’s efforts to combat economic crimes and protect national financial integrity.

Copyright Infringement on Twitter: The Unauthorized Use of K-Pop Fan Photography by Fanfiction Author Azzamine

Fahmi Fairuzzaman — 2025-07-15

Photographic works shared publicly on social media platforms, particularly Twitter, are not exempt from legal disputes, especially concerning copyright infringement. This research focuses on two central issues: first, the extent of copyright protection granted to photographs taken and uploaded by K-Pop fans on Twitter; and second, the legal remedies available to the rightful owners when their photographic works are used without permission. Using a normative legal research methodology, the study adopts a statutory approach, analyzing relevant legal rules and norms that apply to copyright protection. The research relies primarily on secondary legal sources, including laws, legal doctrines, journal articles, and relevant case studies. The findings indicate that photographic works shared via Twitter are protected under copyright law, which includes both moral rights—such as the right of attribution and integrity—and economic rights, including the right to reproduce and distribute the work. When such works are used without authorization, the original creators or rights holders have the option to pursue both litigation and non-litigation paths. Litigation may involve filing a civil or criminal case in the Commercial Court. Meanwhile, non-litigation solutions include various forms of alternative dispute resolution (ADR), such as mediation, arbitration, negotiation, conciliation, and consultation. This study highlights the legal vulnerabilities surrounding fan-created content in online spaces and underscores the importance of respecting copyright protections, even within fan communities. It also emphasizes the available legal pathways to protect the rights of content creators in digital environments.