Dame Journal of Law is a peer-reviewed journal published two times a year (March and September). DJL is a scientific journal dedicated to accommodating and publishing research results and academic studies in the field of legal science. This journal aims to be a scientific forum for academics, researchers, legal practitioners, and students in exploring various legal issues that are developing theoretically and practically. The main focus of this journal covers various aspects of law, including but not limited to civil law, criminal law, constitutional law, state administrative law, Islamic law, economic and business law, international law, and technology law, agrarian and environmental law, public policy from a legal perspective, and sociology and philosophy of law that analyzes the development of law in social dynamics.
Legal Awareness of Generation Z Regarding the Ban On Online Gambling in Indonesia: Case Study of Generation Z in the Cilandak Area of South Jakarta
This study aims to examine the level of legal awareness of Generation Z towards the prohibition of online gambling in Indonesia, with a focus on the Cilandak area, South Jakarta. The method used in this research is a qualitative study with empirical methods involving interviews with community leaders, school and village officials, and the distribution of questionnaires to Generation Z respondents. Data analysis was conducted to identify the level of legal understanding, forms of involvement, as well as perceptions of law enforcement and the effectiveness of the reporting system. The results show that the majority of respondents have good legal awareness and understand the risks and legal basis for prohibiting online gambling. However, vulnerability was also found in a small number of respondents who did not have a deep understanding and began to be exposed to gambling practices. The weakness of the monitoring system, the lack of continuous legal education, and the lack of optimal synergy between stakeholders are the main challenges in prevention. Therefore, a comprehensive strategy based on education, technology, and collaborative law enforcement is needed to build comprehensive protection for young people in the digital era.
Copyright (c) 2026 Shalma Devina, Suartini Suartini (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Ulama, Bureaucrats, and Legislators: Political Negotiations in the Making of Marriage Law No. 1 Of 1974
Law No. 1 of 1974 on Marriage marks a pivotal turning point in the formation of modern family law in Indonesia. While existing scholarship largely focuses on the statute’s normative content and social consequences, limited attention has been given to the political processes through which the law was produced. This article reconstructs the making of the 1974 Marriage Law as a negotiated political settlement among Islamic scholars (ulama), state bureaucrats, and legislators. Adopting a historical socio-legal approach, the study draws on ministerial archives, parliamentary records, policy documents, and contemporary media sources from 1967–1974, analyzed through process tracing to identify the causal mechanisms shaping legal outcomes. The findings demonstrate that the legislation evolved through four phases technocratic drafting, parliamentary contestation, informal elite lobbying, and final compromise during which competing moral, administrative, and political authorities constrained and accommodated one another. The resulting statute embodies a hybrid structure that recognizes religious legitimacy while placing family practices under state administrative control. The article proposes a triangular negotiation model to explain law-making as a multi-actor process and contributes to debates on moral regulation and managed legal pluralism in Muslim-majority societies.
Copyright (c) 2026 Miftah Farid, Rudi Taufan, Riki Pratama (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Uncertainty Regarding Pretrial Decisions Regarding Objects of Suspect Determination that have been Revoked and Declared Invalid
This study examines the phenomenon of repetition of suspect determination in the Indonesian criminal law system, especially after the revocation of suspect determination through the pretrial mechanism. The pretrial process aims to test the legality of the actions of law enforcement officials, such as arrests, detentions, and determination of suspects, in order to protect human rights. However, legal problems arise when investigators again designate a person as a suspect after the determination of the suspect in the case is invalid based on a pretrial verdict, which raises questions about the legality of the act and the potential violation of the principle ne bis in idem, which is the prohibition of prosecuting someone for the same case more than once. This study aims to analyze the authority of investigators in issuing the same investigation warrant after the revocation of the suspect's designation, as well as its impact on the rights of suspects and applicable legal principles, such as justice and legal certainty. Through a normative juridical approach, this study identifies legal loopholes in the regulations governing the repetition of the determination of suspects after the cancellation of pretrial detention. This study also examines the application of the principle ne bis in idem comparatively in international law and Indonesian law, as well as evaluates the supervisory mechanism for investigator authority. The results of the study show that the Indonesian legal system needs significant revisions to provide legal certainty related to the repetition of the determination of suspects and strengthen supervision of law enforcement officials. The study provides recommendations to improve regulations, increase transparency in the legal process, and propose training for law enforcement officials to ensure better protection of human rights in every pro justicia legal process. Thus, this research contributes to the development of a fairer and more efficient criminal justice system, as well as increasing public trust in the integrity of the Indonesian legal system
Copyright (c) 2026 Suparji Ahmad, R Ardi Wirakusumah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Separation of Halal and Non-Halal Food Product Places by Retail Business Actors: Comparative Study of PP Number 42 of 2024 with The Dubai Food Code
The existence of unclear information on processed food product labels, especially related to halal ingredients, raises concerns for Muslim consumers who are entitled to get products in accordance with sharia. This study aims to study and compare the regulation of the separation of halal and non-halal product places by retail businesses based on Government Regulation No. 42 of 2024 and the Dubai Food Code. The method used is a normative legal approach with comparative legal analysis of the provisions of the two regulations. The results of this study indicate that although Indonesia has a legal basis regulates the obligation to physically separate halal and non-halal product palices, its implementation is still weak due to the absence of technical guidelines and structured supervision. In contrast, Dubai has established clear operational standards. Fields findings also reinforce the conclusion that retail businesses in Indonesia have not fully implemented the obligation of separation and transparency, as seen in products. This study recommends strengthening technical regulations and supervisory mechanisms at the retail level to protect the right of Muslim consumers as a whole.
Copyright (c) 2026 Arfiana Fitri Ashari, Amoury Adi Sudiro, Aris Machmud (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Profit-Sharing Agreements on Agricultural Land: the Study of Socio Legal
Profit sharing on agricultural land is common in rural communities in Indonesia. Profit sharing on agricultural land is generally carried out according to customary law in the form of mutual trust between landowners and cultivators. The purpose of this study is to analyze the legal culture in profit sharing on agricultural land for cultivators in Lamongan Regency and Kediri Regency. This study uses empirical legal research methods and the theory of Legal Culture. The researcher conducted field research in Lamongan Regency and Kediri Regency, East Java by conducting in-depth interviews for three months with respondents who are farmers and rice field owners who understand the Legal Culture of Farmers and Agricultural Cultivators. This study shows that agricultural land owners in Lamongan and Kediri show more profitable dominance than cultivators because of sustainable land ownership, which is a crucial production factor, while cultivators are vulnerable because they do not have land to meet their needs, even if they have land, the area is less than five hundred square meters.
Copyright (c) 2026 Mulyono Mulyono, Fokky Fuad, Aris Machmud (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Child Custody Rights Resulting from Divorce of Inter-Religious Families from A Legal Perspective Islam
Child custody remains one of the most contested issues in interfaith divorce cases, with polygamy frequently cited as a contributing factor to marital breakdown. These circumstances often result in legal disputes, particularly regarding which party holds the dominant legal authority in custodial matters. This research aims to explore the regulation of child custody in interreligious divorce from the perspectives of Islamic jurisprudence and Indonesian positive the research utilizes an integrative methodology that combines normative legal analysis with empirical investigation, utilizing document analysis from several judicial rulings. Legal references include Law Number 1 of 1974 on Marriage, the Compilation of Islamic Law (KHI), and selected fatwas formulated and declared by the Indonesian Council of Ulama (MUI). analysis draws upon the theory of maslahah (public benefit), justice theory, and the principle of child rights protection. Findings suggest that, in Islamic law, custody of non-mummayiz children (under 12 years of age) is generally granted to the mother, unless disqualified due to specific circumstances such as religious conversion. Conversely, Indonesian national law prioritizes the "best interest of the child" principle when judges determine custody arrangements. Divorce does not nullify a parent's responsibility to provide financial support or uphold moral obligations toward the child. Custody may be reassigned if evidence of neglect or harm arises. Therefore, child custody decisions in interfaith divorces must be guided by a comprehensive consideration of the child’s spiritual, emotional, and overall well-being.
Copyright (c) 2026 Kamila Nuratika Hasyim, Yusup Hidayat (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Impoverishment of Perpetrators of Criminal Acts of Corruption as A Form of Punishment Alternative
Corruption in Indonesia has become a complex issue, systematically, structurally, and massively damaging the governance system. As a result, the exercise of state power cannot fully focus on public interest due to the widespread influence of corrupt behavior. This situation has raised public concern over the increasing prevalence of corruption, which causes significant losses to the state. This article employs a juridical legal approach. The findings indicate that impoverishment can serve as an alternative punishment that effectively deters corrupt actors. However, efforts to eradicate corruption through the impoverishment of corruptors in Indonesia have not been optimally implemented. The legal process has not yet exerted significant pressure through the confiscation of assets obtained from corruption or the restitution of state losses resulting from such crimes. A firmer implementation is necessary so that corruptors face a real deterrent effect in accordance with applicable laws and regulations. This research is expected to assist in identifying and analyzing the current legal regulations related to the impoverishment of perpetrators of corruption crimes, particularly in the context of asset confiscation from criminal proceeds. In addition, this research aims to examine and evaluate the implementation of court decisions against perpetrators of corruption crimes concerning asset recovery or the confiscation of unlawfully acquired wealth.
Copyright (c) 2026 Rangga Sasmita , Muhammad Khatab , Aris Machmud (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Concept Of Dynasty In Optima Formation In Indonesian Positive Law And Islamic Civil Law
This article examines the concept of Dinasti in Optima Forma from the perspectives of Indonesian positive law and Islamic civil law. The term "dynasty" in political and legal contexts is often understood as a hereditary transmission of power. Meanwhile, the Latin phrase in optima forma implies an ideal or most perfect form of a system. This study aims to evaluate whether a dynastic system in its ideal form can be accepted and institutionalized within national and Islamic legal frameworks, or whether it contradicts the principles of justice, meritocracy, and public welfare. The research employs a normative and comparative legal approach. The findings reveal both convergences and conceptual divergences between the two legal systems in assessing the legitimacy and validity of dynastic power structures.
Political dynasty, Islamic law, positive law, in optima forma, power succession.
Copyright (c) 2025 Taufik Hidayat , Dayang Rafidah binti Syariff M. Fuad , wahyudi (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Legal Analysis of Confiscation of Corruption Assets in the Context of Justice and Human Rights Protection
This research focuses on the legal analysis of asset confiscation resulting from corruption from the perspective of justice and human rights. Asset confiscation is seen as an important instrument in recovering state losses and strengthening the anti-corruption system, but its practice raises serious problems related to the protection of individual rights, especially those of well-intentioned third parties. The research method used is normative legal, emphasizing library research, analysis of laws and regulations, international legal instruments, and a review of relevant legal literature. The results indicate a tension between the state's interest in recovering losses from corruption and its obligation to safeguard the basic rights of citizens. Normatively, national regulations have regulated the mechanism for asset confiscation, but there are still implementation weaknesses, overlapping authority between institutions, and the absence of specific regulations regarding non-conviction-based asset forfeiture as stipulated in international standards. The implications of this research emphasize the importance of legal reform through the establishment of specific laws on asset recovery, institutional harmonization, and the adoption of international practices that uphold the principles of proportionality and substantive justice. Thus, asset confiscation policies can be more effective, accountable, and remain in line with human rights protection.
Copyright (c) 2025 Ach. Ainul Yaqin, Lailul Ilham (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Transformation of Intellectual Property Rights Protection for Scientific Works in The Era of Artificial Intelligence
This research focuses on the transformation of intellectual property rights (IPR) protection for scientific works in the era of artificial intelligence (AI). The aim is to analyze existing regulatory challenges, assess the legal relevance of AI-based scientific works, and formulate adaptive policy recommendations. The research method used is library research, utilizing primary sources in the form of national and international laws and regulations related to IPR, as well as secondary sources from academic literature and international scientific journals published in 2020–2025. The analysis is conducted normatively and critically by comparing existing regulations with the practice and development of AI technology in the creation of scientific works. The results show that IPR regulations in Indonesia still emphasize the concepts of originality and human-centered ownership, so that scientific works involving AI contributions have not received clear legal recognition. Previous studies from the global context have emphasized trends in legal adaptation, transparency in the use of AI, and recognition of human–AI collaboration in scientific works. These findings emphasize the need for an inclusive and adaptive transformation of IPR regulations to ensure legal certainty, justice, and academic accountability. The implications of this research include recommendations for updating national policies, strengthening academic guidelines, and encouraging further research to support more comprehensive regulations.
Copyright (c) 2025 Misbahul Arifin, Bilqis Ahmad (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Critical Analysis of Maslahah Theory Parental Conflict with Mental Disorders
Children are a trust that parents must take care of from the age of infant to adulthood, under certain conditions if in a household experiences a separation or problem, the obligation to care remains the responsibility of both parents, but what if certain conditions such as one of the parents have a mental disorder (People in mental disorders), how Islamic law sees and resolves this case. In the author's research using descriptive, normative and comparative methods by examining data sourced from library research, the findings of the study show that in the condition of people with mental disorders do not have the right to be hadhanah, article 109 states that religious courts can revoke a person's guardianship rights at the request of his relatives if the guardian is a drunkard, gambler, wasteful, insane and/or negligent or abusing his rights and authority as a guardian for the benefit of the person under his guardianship. The fourth opinion of the same madhhab requires reason as a part of being able to become hadhan. In madhhab As-Shafi'i hadhan, reason is the first condition. Where a crazy person does not have the right to take care of a child, unless the madness is not severe and not frequent. For example, once a year. Meanwhile, the hambali, maliki, and hanafi madhhabs absolutely require reason and there is no custody for the insane. This is in accordance with the concept of maslahah theory where the transfer of the right of hadhanah of parents with mental disorders to other relatives who are more perfect in their intellect can reduce the lack of bad influence on the child they will be cared for.
Copyright (c) 2025 khusnul khotimah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Analysis of Whipping Sanctions for Prostitution Perpetrators Based on Aceh Qanun Number 06 of 2014 Concerning Jinayat Law as Reviewed from the Face of Human Rights
This research focuses on the legal, philosophical, and human rights analysis of the application of caning sanctions in prostitution crimes as regulated in Aceh Qanun Number 06 of 2014. The study is directed to examine the legal legitimacy, social effectiveness, and normative tensions between sharia norms and human rights principles in the context of Aceh's special autonomy. The research method used is a normative legal approach, with a review of legislation, legal doctrine, and academic literature. The analysis was conducted qualitatively through content analysis methods to assess the consistency, relevance, and consequences of the application of caning sanctions. The results show that caning sanctions in Aceh have strong legal legitimacy through the constitution, UUPA, and Qanun Jinayat, and are based on philosophical values ​​​​of justice, welfare, and deterrent effects. However, its effectiveness in suppressing prostitution practices is still limited due to more dominant socio-economic factors. From a human rights perspective, caning creates normative tensions because it has the potential to violate the principle of prohibition of torture and treatment that degrades human dignity. The implications of this research emphasize the importance of reformulating Aceh's criminal justice policy to be more adaptive to human rights criticisms without neglecting the legitimacy of sharia. This effort can be achieved through regulatory evaluation, strengthening empirical indicators of deterrent effects, and exploring more humane alternatives to sharia-based punishment.
Copyright (c) 2025 Nila Afiati, Uthman Shehu Lawal (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Relationship of Ethics and Interests: A Philosophical Study of Political Law and Economics
This article discusses the complex relationship between ethics and interests in political economic law. This relationship becomes increasingly relevant in the contemporary context, where public policy is often influenced by political and economic interests that dominate over moral or ethical considerations. This study aims to analyze the dynamics of the meeting and conflict between ethical values and interests in political economic law, and to examine how ethics should guide public policy and institutions, especially in terms of justice and social welfare. This study uses a qualitative method with a literature and legal study approach, analysing classical philosophical works and related legal and ethical theories. Through this approach, the author identifies challenges arising from the tension between personal or group interests and moral demands that should be the basis for policy making. The results of this study indicate that the role of philosophy is vital in maintaining the integrity of values in legal practice and economic policy, and criticise the technocratic approach that often ignores moral considerations. This study concludes that to create fair and sustainable policies, ethics must be the primary basis in every decision-making process in political and economic law.
Copyright (c) 2025 Nur Rohim Yunus, Abdurrahman Abdurrahman, Refly Setiawan (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Problem of The Division of Advocate Organizations
The advocate profession has a central role in the legal system as a guardian of justice and a protector of human rights. However, the integrity of this profession faces serious challenges due to the division of advocate organizations in Indonesia. This phenomenon is triggered by various factors, such as differences in internal and external interests, power dynamics, and disagreements regarding ethical standards and professionalism. Organizational fragmentation not only weakens the position of advocates as a collective entity, but also negatively impacts the effectiveness of the justice system and public trust. This article aims to examine the root causes of these divisions and offer strategic solutions to strengthen the unity and professionalism of advocacy organizations. With an analytical and reflective approach, this research is expected to contribute to the reconstruction of advocate institutions that are more inclusive and equitable in Indonesia.
Copyright (c) 2025 Helvis Helvis, Dyah Setyorini, Iqbal Subhan Nugraha (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Political Law means that The Election of Regional Heads is Democratically Elected
The election of regional heads (Pilkada) in Indonesia, which is regulated in Article 18 Paragraph (4) of the 1945 Constitution, has important implications in realizing the principles of democracy and regional autonomy. This article emphasizes that regional heads are elected directly by the people. This study aims to analyze the legal politics contained in Article 18 Paragraph (4) of the 1945 Constitution related to the election of democratic regional heads. Using a normative analysis approach, this study explores the relationship between the principles of democracy, decentralization, and the implementation of regional autonomy in the context of the Regional Elections. The results of the study show that although Article 18 Paragraph (4) provides a constitutional basis for direct regional elections, it also does not rule out the possibility that the election of regional heads through the Regional Representative Council (DPRD) both at the provincial and city district levels, its implementation still faces challenges in terms of the quality of democracy, local political influence, and imbalance between the central and regional governments. The study also identifies the importance of reforms to realize effective decentralization and better quality democracy at the regional level.
Copyright (c) 2025 Rahmad Lubis, Nur Rohim Yunus, Ratna Herlina, Aliyeva Patimat Shapiulayyevna (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
Reconstruction of Criminal Law against Cybercrime in The Indonesian Criminal Justice System
Efforts to reconstruct criminal law in response to the dynamics and complexity of cybercrime in the digital era. Cybercrime, which is increasingly massive, poses serious challenges to the national legal system, especially in terms of legal substance, law enforcement mechanisms, and human rights protection in the digital space. A normative-theoretical approach is used to analyze the weaknesses of the current criminal law structure, including regulatory lag, disharmony between regulations, and weak integration of technology in the law enforcement process. This study also emphasizes the importance of reforming the legal paradigm that is not only repressive, but also preventive and restorative, in order to answer the challenges of digital justice as a whole. This study recommends reconstruction strategies through legislative reform, capacity building of law enforcement officials, and integration of human rights principles in national cybersecurity governance. Thus, Indonesia's criminal law system can become more adaptive and responsive in facing the ever-evolving digital era.
Copyright (c) 2025 Soetardi Tri Cahyono, Wina Erni, Taufik Hidayat (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Right to A Just Life: an Analysis of The Philosophy of The Fifth Precept of Pancasila
This article discusses criminal law issues in dealing with increasingly complex cybercrime in the digital era. The author highlights the weakness of the conventional criminal law approach which tends to be repressive and does not provide space for the recovery of victims and perpetrators. The restorative justice approach is considered as a solutive alternative in reconstructing criminal law policy, with an emphasis on the restoration of social relations, the responsibility of perpetrators, and the active participation of all affected parties. This research uses a juridical-normative qualitative method with a conceptual and legislative approach. The results of the study show that the application of restorative justice in countering cybercrime requires a reform of criminal law policies that are not only based on deterrence, but also pay attention to the values of justice, reconciliation, and the protection of human rights. Therefore, comprehensive and sustainable legal reform is needed to adapt the national criminal law to the dynamics of crime in the digital era.
Copyright (c) 2025 Heri Sulaiman, Ramzi Durin, Desi Purnama (Author) https://creativecommons.org/licenses/by-nc-sa/4.0
The Effectiveness of Impoverishment Criminal Punishment Against Corruptor Families
This article discusses the meaning and implementation of social justice as reflected in the fifth precept of Pancasila, namely "Social Justice for All Indonesian People". The focus of this study is to outline how the values of social justice in the philosophy of Pancasila can be used as a foundation to ensure a just and prosperous life for all citizens. Using a descriptive qualitative approach and normative-philosophical analysis, this article explores the moral, legal, and social dimensions of the fifth precept, as well as its implications for public policy and the structure of social life. The results of the study show that the fifth precept contains the principles of equality, protection of basic rights, proportionate distribution of resources, and the elimination of structural discrimination. By strengthening the role of the state in ensuring public welfare and ensuring equal access to public services, the value of social justice Pancasila becomes a guideline in forming an inclusive and civilized system. This article recommends the need for a reinterpretation of the value of justice in the context of national development and legal modernization, in order to be in line with the spirit of Pancasila that is adaptive and responsive to the challenges of the times.
Copyright (c) 2025 Pitra Romadoni Nasution, Nuranisah Nuranisah, Nurhalimah Nurhalimah (Author) https://creativecommons.org/licenses/by-nc-sa/4.0