NUSANTARA: Journal Of Law Studies

Rethinking Law and Justice: The Core Principles of Critical Legal Studies against Legal Formalism

Vincentius Setyawan — 2025-10-10

The core idea of Critical Legal Studies is that law is not a neutral and objective system but is influenced by social, political, and economic factors. This perspective challenges the Legal Formalism doctrine, which holds that the law should be applied consistently in accordance with existing rules, without regard to social or political context. This article will explore the key ideas of Critical Legal Studies and its critique of the Legal Formalism school of thought. The article is written based on research using a normative legal research method with a philosophical approach. The research findings highlight that Critical Legal Studies' critique of Legal Formalism begins with the reality that its implementation leads to law enforcement that neglects the values of justice, equality, and equity in everyday life. Critical Legal Studies seeks to establish a legal system that is more just and responsive to the public's need for justice in their daily reality. This study contributes to legal theory by reaffirming that law cannot be separated from its socio-political and economic contexts. Through a normative legal research method with a philosophical approach, this article reconstructs the understanding of justice beyond the rigidity of Legal Formalism. It highlights that the Critical Legal Studies movement provides a transformative framework for developing a more contextual, equitable, and human-centered legal system, offering a significant alternative paradigm within contemporary legal philosophy.

Power and Ethics in State-Owned Enterprises: The Pertamax Adulteration Case through the Lens of Sharia Economic Law

Lia Yuliana — 2025-10-11

This article analyzes the misuse of authority by officials of state-owned enterprises (BUMN) in the Pertamax fuel adulteration case from the perspective of Sharia Economic Law. The study employs a qualitative-descriptive method with a normative-juridical approach, drawing on primary and secondary legal materials, supported by documentation and literature analysis. The findings reveal that the act of fuel adulteration—mixing subsidized or lower-grade fuels with Pertamax for economic gain—is not only a violation of state regulations but also a breach of the amanah and maslahah principles in Islamic law. The abuse of authority by BUMN officials in this context indicates a failure to uphold public trust (al-amānah), justice (al-ʿadālah), and the public interest (al-maṣlaḥah al-ʿāmmah) as mandated by Sharia economic ethics. Such practices lead to market distortion, consumer losses, and potential macroeconomic instability, all of which are inconsistent with the maqāṣid al-sharīʿah framework. The study concludes that these actions should be categorized as gharar, khiyānah, and fasād, thereby necessitating systemic reform in the governance of BUMN and the energy sector. The academic contribution of this article lies in its comprehensive integration of modern legal-economic analysis with the principles of Islamic economic jurisprudence, offering a theoretical model for evaluating public sector violations through a Sharia lens. Furthermore, this study contributes to strengthening the legal and ethical foundations in the formulation of policies and regulations governing state-owned enterprises.

Realizing Public Welfare from the Nation's Kitchen: A Fiqh Siyasah Perspective on the Makan Bergizi Gratis (MBG) and Its Impact on the Muslim Community

Ananda Bagus Pradita — 2025-10-11

The Makan Bergizi Gratis (MBG) program is a government social policy designed to enhance public welfare, particularly for low-income groups vulnerable to malnutrition and poverty. The program functions not only as food assistance but also as an instrument of economic redistribution and social solidarity at the grassroots level. From the perspective of fiqh siyasah (Islamic political jurisprudence), public policy must be based on the principles of justice (al-ʿadālah) and public welfare (al-maṣlaḥah al-ʿāmmah), ensuring equitable and sustainable prosperity for society. This research uses a qualitative field approach. Data were obtained through in-depth interviews with beneficiaries, school administrators, religious leaders, and local government officials involved in implementing the MBG program. Direct observations were conducted in several schools and Muslim communities to gain empirical insights into the program’s actual impact. Secondary sources, including policy documents, government regulations, and relevant scholarly literature, complemented primary data and strengthened analytical interpretation. The findings show that the MBG program has reduced the economic burden on low-income families, increased children’s school attendance, and encouraged stronger social cohesion. Nevertheless, problems remain, including distribution delays, limited budgets, and insufficient transparency in fund management. Based on a fiqh siyasah analysis, the success of public policy depends on integrity (amānah), accountability, and just governance. Therefore, participatory and transparent mechanisms are essential to ensure that the MBG program truly promotes maṣlaḥah in line with the maqāṣid al-sharī‘ah. The academic contribution of this study lies in its attempt to connect empirical evidence with the theoretical framework of fiqh siyasah.

Negotiating Tradition and Modernity: The Practice of Prohibiting Marriage in the Month of Suro among Javanese Muslims in South Lampung

Supriyadi — 2025-10-13

This study aims to explain the practice of prohibiting marriage in the month of Suro within Javanese customs, a tradition deeply rooted in cultural beliefs and social values. The research employs a combination of field study and library research to obtain both empirical and theoretical perspectives. Data collection techniques include interviews, observations, and documentation, allowing for a comprehensive understanding of the phenomenon. Primary data were gathered from local respondents, while secondary data were obtained from relevant literature and historical sources. To ensure data validity and authenticity, the study utilized source triangulation, and data were analyzed using the Miles and Huberman interactive model. The findings reveal that most villagers, particularly the older generation, continue to uphold the prohibition of marriage in Suro as part of their collective cultural identity. They regard this practice as a symbol of respect for ancestral traditions that must be preserved. Conversely, the younger generation demonstrates a gradual shift in perception. Many young couples view the prohibition as merely a myth without rational or religious justification, reflecting a shift in cultural values influenced by education, modernization, and changing social structures. Academically, this study contributes to enriching interdisciplinary discourse among law, culture, and religion in Indonesia. It provides a critical lens for understanding how local wisdom interacts with contemporary rationality, offering insights into the dynamic negotiation between cultural preservation and modernization. This research also serves as a reference for future studies exploring the adaptation of traditional customs within modern social realities.

From Jurisprudence to Algorithms: The Role of Artificial Intelligence in Contemporary Sharia Financial Decision-Making

Edi Mulyono — 2025-10-13

The development of Artificial Intelligence (AI) has had a profound impact on the modern financial system, including the Islamic finance sector. Today, AI is utilized to support risk analysis, financing decision-making, and the management of Sharia-based investment portfolios. However, the application of AI in Islamic finance also raises several legal and ethical issues that require in-depth examination from the perspective of contemporary fiqh muamalah. This study aims to analyze the compatibility of AI implementation in Islamic financial decision-making with the principles of maqāṣid al-syarī‘ah, justice, and human responsibility (taklīf). This research employs a qualitative method with a normative-theological approach and descriptive-analytical analysis. Primary data were obtained from the study of fatwas, regulations, and practices of Islamic financial institutions that have adopted AI, while secondary data were derived from academic literature, scholarly journals, and contemporary Islamic legal writings. The analysis was conducted through the stages of reduction, classification, and normative interpretation to assess the harmony between Sharia principles and technological innovation. The findings suggest that the application of AI in Islamic finance is permissible as long as it does not contravene the principles of honesty and justice, and continues to prioritize humans as moral supervisors and legal subjects. Academically, this study enriches contemporary fiqh muamalah discourse by providing a normative framework for developing AI-related regulations and ethics that align with the maqāṣid al-sharī'ah. It also encourages an interdisciplinary dialogue between Islamic law, technology ethics, and the digital economy toward an adaptive and sustainable Sharia financial system.

Revisiting the Concept of Nusyūz: A Recontextualised Understanding in Contemporary Marital Life

Hamza Abed Al-Karim Hammad — 2025-10-14

The meaning of the concept of Nusyúz in society often differs from its true meaning in Islamic law. Many people still assume that Nusyúz can only be committed by a wife, while Islamic teachings actually provide a more balanced perspective. This field study was conducted in Jordan to explore how the concept of Nusyúz is understood and practised among Muslim families in contemporary society. The research aims to uncover both the factual realities and the doctrinal meanings of Nusyúz as interpreted within Jordanian social and religious contexts. Using a qualitative approach, data were collected through interviews, observations, and document analysis, while triangulation was employed to ensure data validity. The findings reveal that the concept of Nusyúz is often interpreted narrowly as the wife's disobedience, whereas Islamic law recognises that Nusyúz may also apply to husbands who neglect their responsibilities toward their wives. A wife's Nusyúz refers to her disobedience or resistance to her husband, while a husband's Nusyúz occurs when he neglects his material duties, such as providing sustenance, or his immaterial duties, such as showing affection and kindness (mu‘āsyarah bi al-ma'rūf). The academic contribution of this study lies in offering empirical insights into how Nusyúz is understood in Jordan, fostering a more equitable interpretation of marital relations that aligns with the maqāṣid al-sharī‘ah and supports family harmony.