SAMI LAW REVIEW

Human Rights and Islam in the Legal Systems of Indonesia and Malaysia: An Overview

2026-03-30T11:55:37+08:00

In Malaysia and Indonesia, human rights are often seen as products of the West, thus seen as a threat to Muslims and the religion of Islam itself. This misconception has led to the belief that any discourse on human rights is inherently un-Islamic and contrary to Eastern traditions. This article discusses the concept of human rights from the perspective of Islam and law in Malaysia and Indonesia to resolve these misunderstandings. In other words, this article aims to clarify that human rights are not incompatible with Islam; rather, Islam itself upholds and protects human dignity and rights. However, human rights in Islam must be based on the balance of sharia which is based on the principles of maqasid sharia and not based solely on human desires and desires. The paper explores the definition of human rights and related issues in Indonesia and Malaysia from both Islamic and legal perspectives, demonstrating that a clear understanding of human rights—rooted in national constitutions and religious principles—can dispel confusion and foster greater societal adherence to human rights norms.

Pendekatan Metode Sadd Adz-Dzari’ah dalam Penyelesain Hukum: Studi tentang Konsep dan Relevansinya

2026-03-30T11:55:37+08:00

This article analyzes the urgency and relevance of the Sadd Sadd Adz-Sadd Adz-Dzari'ah method as a preventive instrument in Islamic law to oversee contemporary sharia economic practices. In the modern era marked by technological disruption and the complexity of financial products, the boundaries between legitimate and prohibited transactions are often biased due to contract engineering. Using a qualitative-descriptive approach based on ushul fiqh literature, this study dissects how Sadd Sadd Adz-Sadd Adz-Dzari'ah functions to close gaps in mubah acts that have the potential to lead to damage (mafsadah), such as covert usury, extreme speculation in crypto assets, and digital market manipulation. The results of the analysis show that this method is not just a prohibition tool, but a protection strategy to maintain justice and the essence of the benefit of property (hifzh al-mal). This paper concludes that the implementation of Sadd Sadd Adz-Sadd Adz-Dzari'ah proportionally is crucial so that digital economy innovation continues to run on the rail of sharia ethics without hindering technological progress

Implikasi Peraturan Mahkamah Agung Nomor 2 Tahun 2012 tentang Penyesuaian Batasan Tindak Pidana Ringan dan Jumlah Denda dalam KUHP di Indonesia: Suatu Kajian Perbandingan Sistem Hukum Jerman dan Belanda

2026-03-30T11:55:37+08:00

This study analyzes the implications of Supreme Court Regulation (PERMA) Number 2 of 2012 on the criminal justice system in Indonesia, focusing on the effectiveness of handling misdemeanor offenses (Tipiring). Through a comparative study of the legal system with Germany (Bagatellkriminalität) and the Netherlands (Wet Mulder), this study explores how continental countries manage minor offenses for the sake of judicial efficiency. The results of the study show that PERMA No. 2 of 2012 succeeded in restoring the economic value in the Criminal Code through the adjustment of the threshold of Rp2,500,000.00, which sociologically reduces the stigmatization of small actors. However, when compared to Germany and the Netherlands which have implemented systematic deprocessalization mechanisms and administrative fines, Indonesia still faces synchronization obstacles at the investigation and prosecution levels. This study concludes that strengthening restorative justice and simplifying procedures as applied in Western Europe is very urgent to be integrated more deeply to overcome the burden of cases and overcrowding in Indonesian correctional institutions.

Studi Pemikiran Ibnu Khaldun Tentang Pengelolaan Negara

2026-03-30T11:55:37+08:00

This article examines Ibn Khaldun's political sociological thoughts, especially the concept of Asabiyyah (social solidarity) and the cycle of civilization, as well as its relevance to the constitutional system in Indonesia. Ibn Khaldun argued that the survival of a country depends heavily on the strength of social bonds and the justice of the ruler. In the Indonesian context, the concept of Asabiyyah finds its resonance in the values of Pancasila and the spirit of mutual cooperation which is the foundation of national integration in the midst of ethnic and cultural diversity. This analysis shows that Khaldun's theory of the phases of power provides a strategic warning for Indonesian governance, especially regarding the dangers of moral decadence and economic inequality that can weaken the stability of the country. The relevance of this thought emphasizes that the strengthening of democratic institutions must be accompanied by the maintenance of social solidarity and the enforcement of fair laws. In conclusion, Ibn Khaldun's thinking remains actual as a critical framework in evaluating political dynamics and maintaining the sustainability of Indonesia's vision of statehood in the modern era.