Judges' Experiences with Foreign Jurisprudence in Human Rights Adjudication
Comparative law scholarship has documented the circulation of foreign jurisprudence across legal systems, especially in human rights adjudication, focusing on doctrinal influence and judicial dialogue. However, limited attention has been given to how judges personally engage with foreign legal sources in concrete decision-making contexts. This study uses an interpretative phenomenological approach to explore how judges interpret and negotiate the use of foreign jurisprudence in landmark human rights cases. Data from in-depth interviews with judges experienced in human rights adjudication were analyzed through Interpretative Phenomenological Analysis. The analysis identified key themes, showing that judges encounter legal uncertainty, negotiate legitimacy, and manage institutional and personal responsibilities when engaging with foreign jurisprudence. These findings suggest that comparative jurisprudence is not merely a technical tool, but a reflective practice shaped by contextual judgment. This study highlights the importance of phenomenological approaches in understanding judicial reasoning in transnational legal contexts.
Copyright (c) 2026 Mukhlis Lubis, Suradi (Author) https://creativecommons.org/licenses/by/4.0
Sharia Governance and Personal Data Protection in Islamic Fintech: A Comparative Analysis of Sadd al-Dhari'ah in Indonesia and Malaysia
This study explores how the Islamic legal principle of Sadd al-Dhari’ah (blocking the means to harm) can be applied within the regulatory frameworks for personal data protection and sharia governance in the Islamic fintech sectors of Indonesia and Malaysia. Using a qualitative-descriptive approach combining document analysis and semi-structured interviews, the study finds that Malaysia exhibits a more integrated and preventive regulatory system, embedding Sadd al-Dhari’ah in both fintech and data protection laws. In contrast, Indonesia’s regulatory landscape, despite the introduction of the new Personal Data Protection Law (2022), faces challenges due to fragmentation and a lack of full integration of sharia principles in its digital policies. The key findings suggest that Malaysia’s approach offers a more comprehensive and cohesive model for integrating sharia governance and data protection, while Indonesia could benefit from a more unified and sharia-compliant regulatory framework. This research suggests greater synergy between classical fiqh and contemporary digital regulation as an ethical foundation for Islamic digital governance.
Copyright (c) 2026 Hubbul Wathan, Rahmi Suci, Gheena Adzihnie, Zahwa Vatecha al Fath (Author) https://creativecommons.org/licenses/by/4.0
Lived Experiences of Vulnerable Groups in Social Justice and Equity Policy Implementation
Social justice and equity policies aim to address structural inequality and promote fairness for vulnerable populations. However, research has primarily focused on policy design and institutional outcomes, with limited attention to how these policies are experienced by those directly affected. This study explores how vulnerable groups experience, interpret, and respond to the implementation of social justice policies in their everyday lives. An interpretative phenomenological approach was employed to explore participants' lived experiences and the meanings they attach to policy encounters. Data were generated through in-depth interviews with individuals from vulnerable groups and analyzed using interpretative phenomenological analysis to identify key experiential themes. The findings show that justice is perceived as emotional and relational, often viewed as distant and conditional despite inclusive policy intentions. Participants described feelings of invisibility, power asymmetry, and emotional burden in interactions with bureaucratic systems. These findings contribute to policy design by emphasizing the need for policies that are not only formally equitable but also experientially just.
Copyright (c) 2026 Muhammad Afif, Annisa Arifka Sari (Author) https://creativecommons.org/licenses/by/4.0
Comparative Legal Protection for Child Victims of Sexual Violence in Islamic Criminal Law and Indonesian Positive Law
This research examines legal protection for child victims of sexual violence from the perspectives of Islamic law and Indonesian positive law. Using normative juridical research methods and a comparative law approach, this research analyzes the philosophical foundations, implementation, and harmonization of these two legal systems. The results show that legal protection from an Islamic perspective is built on the foundation of maqashid sharia to protect children's lives and honor, implemented through hudud and ta'zir sanction systems, and comprehensive protection programs. In positive law, protection is realized through the Criminal Code and Child Protection Law with preventive and repressive approaches. The study further demonstrates analytical distinctions in the qualitative assessment of doctrinal principles and institutional mechanisms, revealing areas where harmonization is both necessary and feasible.. The research recommends strengthening legal harmonization through regulatory revision, law enforcement capacity building, development of community-based prevention programs, and continuous research to improve child protection systems.
Copyright (c) 2025 R. Arif Muljohadi, Munali (Author) https://creativecommons.org/licenses/by/4.0
Exploring Sharia Judges’ Lived Experiences of Justice and Maqāṣid al-Sharī‘ah
The study of Islamic law continues to evolve as scholars seek to understand how justice is experienced, interpreted, and embodied within the framework of maqāṣid al-sharī‘ah the higher objectives of Islamic law. Within this field, growing attention has been given to the experiential dimension of Sharia judges, yet the depth of their lived moral and spiritual engagement remains insufficiently explored. Despite numerous doctrinal and analytical studies, little is known about how judges experience justice as a form of moral consciousness and spiritual devotion; thus, this research asks: how do Sharia judges internalize and manifest maqāṣid al-sharī‘ah in their judicial reasoning? Using an interpretative phenomenological approach (IPA), this study examines the reflective and spiritual experiences of twelve Sharia judges, uncovering the meaning structures that underlie their perception and practice of justice. Data were collected through in-depth semi-structured interviews and analyzed using thematic and hermeneutic interpretation to identify essential themes of spiritual accountability, moral reflection, and the integration of divine intent with human judgment. The findings reveal that justice is experienced not as a technical act but as a dynamic moral and spiritual process in which judges embody maqāṣid al-sharī‘ah as a living ethical framework. These results offer a human-centered perspective on Islamic jurisprudence, highlighting the inseparable connection between faith, intellect, and moral responsibility. Overall, the study provides concise empirical evidence supporting a phenomenological understanding of Islamic legal consciousness, and offers a foundation for future interdisciplinary research on law as a lived spiritual experience.
Copyright (c) 2025 Edoardo Biyakto Putro, Agnia Zahradinda (Author) https://creativecommons.org/licenses/by/4.0
Exploring Judges’ Lived Experiences in Applying Restorative Justice in Indonesian Juvenile Cases
Restorative justice has emerged as a transformative paradigm in contemporary criminal justice systems, emphasizing reconciliation, rehabilitation, and moral repair over punishment. Within this framework, the Indonesian judicial system represents a critical site for exploring how judges internalize and interpret restorative principles amid legal reform. However, existing studies have primarily examined restorative justice through procedural or policy-based analyses, leaving unclear how judges experience and embody these principles in their professional and moral decision-making. This study applies an interpretative phenomenological approach (IPA) to investigate how judges perceive, interpret, and enact restorative justice in juvenile criminal cases, uncovering the moral and emotional dimensions that shape judicial practice. The methodological design of this study involved a clearly defined phenomenological protocol, encompassing purposive sampling, in-depth semi-structured interviews, and systematic IPA-based coding and theme development. Using semi-structured interviews with eight judges from various regional courts, the study reveals four core themes: moral–legal tension, institutional constraints, emotional burden, and the humanization of justice through reflective decision-making. These findings demonstrate that restorative justice, as experienced by judges, transcends legal formalism and becomes a lived moral encounter grounded in empathy, ethical reflection, and social responsibility. The study contributes to a deeper understanding of judicial consciousness within restorative justice and highlights the necessity of integrating human-centered approaches in legal reform. These insights not only expand theoretical discourse in criminology and law but also provide practical implications for judicial training and the sustainability of restorative practices across diverse legal contexts.
Copyright (c) 2025 Aprita Yanti, Windy Lestari (Author) https://creativecommons.org/licenses/by/4.0
Administrative Discretion Under Political Pressure: A Phenomenological Study of Public Officials in Indonesia
Administrative discretion plays a central role in constitutional and administrative law, balancing legal authority and ethical responsibility in governance. Within this field, the subjective experiences of public officials exercising discretion under political pressure remain poorly understood despite their profound implications for justice and accountability. However, existing scholarship has not clearly articulated how these experiences form a research gap, particularly the absence of empirical and phenomenological accounts capturing the moral and existential struggles within discretionary decision-making. While previous studies have focused on legal frameworks and institutional procedures, little is known about how officials experience and interpret discretion as a moral and existential phenomenon. This study addresses that gap by applying an interpretive phenomenological approach (Heideggerian tradition) to explore the lived meaning of administrative discretion among Indonesian public officials. Using semi-structured, in-depth interviews with twelve participants, the research analyzed their narratives through Interpretative Phenomenological Analysis (IPA) to uncover essential themes of moral tension, political influence, and reflective integrity. The results reveal that discretion is experienced as a continuous negotiation between legal compliance, ethical conviction, and political constraint, transforming administrative decision-making into a deeply human act of moral reasoning. These findings challenge the procedural conception of administrative discretion and emphasize its existential and ethical dimensions. The study contributes to a richer understanding of constitutional governance and highlights the need for cultivating reflective accountability in public administration. Future research should expand this phenomenological inquiry across different cultural and institutional contexts to strengthen comparative insights into the lived realities of governance.
Intellectual Property Law; Artificial Intelligence; Innovation Policy; Digital Rights; Legal Reform; Access to Knowledge
Copyright (c) 2025 Mela Agustin, Nursolihi Insani (Author) https://creativecommons.org/licenses/by/4.0
Inquiry into How Judges and Advocates Experience Good Faith and Civil Obligations within Digital Legal Practice
Civil law, as a foundational domain of legal science, regulates the moral and contractual relationships that structure social and professional interactions. Within this field, the concept of civil obligation has evolved from a purely legal construct into a multidimensional phenomenon that reflects human morality, justice, and ethical responsibility. Despite extensive theoretical exploration, previous studies have largely neglected the lived experiences of legal actors, leaving unanswered how judges and advocates interpret and embody the principle of good faith in their professional practice. This research addresses that gap by applying an interpretative phenomenological approach to uncover the experiential meaning of legal obligation as understood and enacted by civil law practitioners. Data were collected through in-depth, semi-structured interviews with judges and advocates, then analyzed using thematic and hermeneutic interpretation to identify the essence of participants’ moral and legal consciousness. The findings reveal that civil obligation is experienced as a moral encounter shaped by empathy, reflection, and relational understanding, rather than as a mere codified duty. These specific experiential elements demonstrate how good faith becomes a concrete professional practice, influencing case interpretation, argument strategies, and the prioritization of fairness over strict formalism. Participants’ narratives highlight the coexistence of legal formalism and moral intentionality, underscoring the inseparability of law and ethical awareness. These insights contribute to a more human-centered comprehension of civil law and suggest that phenomenology offers a powerful framework for examining justice as a lived moral experience within legal practice.
Copyright (c) 2025 Mukhlis Lubis, Setiadi (Author) https://creativecommons.org/licenses/by/4.0
Legalities and Ethics in Organ Trade: Evaluating the Effectiveness and Ethical Challenges of Indonesian Law in Preventing Widespread Organ Trade
Human organ trafficking is a serious crime that not only violates the law but also ethical and humanitarian principles. Despite Indonesia's existing regulations to prevent illegal organ trafficking, this practice continues to thrive due to various loopholes in law enforcement. This article aims to analyze the effectiveness of Indonesia's legal system in combating human organ trafficking and the role of ethics in legitimate organ trade. Through a qualitative approach, including the analysis of five case studies and interviews with ten experts in the fields of law and medical ethics, the article examines the challenges of law enforcement and the social and health impacts of illegal organ trade. The findings suggest that, despite the presence of regulations, law enforcement challenges and a lack of legal awareness in society hinder the eradication of this crime. Strengthening regulations and fostering cooperation among law enforcement agencies are necessary to combat organ trafficking. Furthermore, an ethical approach, emphasizing voluntary and informed consent, must serve as the fundamental principle in organ transplantation practices.
Copyright (c) 2026 R. Arif Muljohadi, Munali (Author) https://creativecommons.org/licenses/by/4.0
Lived Experiences of Justice Among Survivors of Post-Conflict Human Rights Violations
Post-conflict justice is a key theme in human rights and socio-legal studies, focusing on the moral and psychological reconstruction of societies after violence. This study explores how survivors of human rights abuses internalize and interpret justice as a lived experience, emphasizing the human dimension beyond legal frameworks. Using Interpretative Phenomenological Analysis (IPA), twelve survivors who participated in truth commissions and community reconciliation programs were interviewed. The analysis revealed four main themes—reclaiming dignity, fragile institutional trust, the silence of collective memory, and justice as healing. These findings indicate that justice is not only a legal construct but also a moral and existential process of restoration and recognition. The phenomenological perspective provided a deeper understanding of how survivors’ sense of justice evolves through personal and collective meaning-making. This study contributes to developing survivor-centered justice mechanisms that are empathetic and contextually grounded. However, its scope is limited by the small sample size and the specific post-conflict context, suggesting the need for broader comparative research.
Copyright (c) 2025 Fitri Arianti Saputri, Mia Rasmiaty (Author) https://creativecommons.org/licenses/by/4.0
Understanding the Lived Experience of Social Reintegration After Imprisonment: Perspectives of Former Inmates
The study is situated within the field of criminal justice and social reintegration, exploring how post-incarceration experiences reflect broader transformations in legal reform and human rehabilitation. Within this context, existing knowledge has primarily focused on institutional and behavioral outcomes, offering limited insight into the lived experiences of former inmates as they navigate reintegration within reformed justice systems. What remains unclear is how these individuals experience and assign meaning to their reintegration—how they reconstruct identity, negotiate stigma, and redefine freedom within societal and moral frameworks. Using a phenomenological approach, specifically Interpretative Phenomenological Analysis (IPA), this study uncovers the essence of reintegration as a deeply personal and moral process shaped by consciousness and social context. Data were collected through in-depth semi-structured interviews with twelve (12) former inmates—nine males and three females—aged between 27 and 54 years, who had been released from correctional facilities within the past five years. These participants represented diverse socioeconomic and educational backgrounds to capture a wide spectrum of reintegration experiences. All interviews were audio-recorded, transcribed verbatim, and analyzed thematically to identify recurring patterns of meaning and experience. The results reveal five core themes: identity reconstruction, institutional barriers, family support, paradox of freedom, and moral reform. Together, these themes illustrate reintegration as a dynamic interplay between personal transformation and societal perception. The findings highlight that reintegration is not merely a policy outcome but an existential journey of reclaiming humanity, emphasizing the moral and relational dimensions of justice reform. This study broadens the understanding of reintegration by integrating phenomenological insights into socio-legal discourse and offers a foundation for more humane and reflective approaches to justice policy and rehabilitation practice.
Copyright (c) 2025 Indira Laksmi Widuri, Pieter Reynold Mochliat (Author) https://creativecommons.org/licenses/by/4.0
Lived Experiences of Constitutional Judges Navigating Judicial Independence Under Political Pressure
Judicial independence is a cornerstone of constitutional democracy, ensuring impartiality and justice in the interpretation of law. Within the field of Constitutional and Administrative Law, understanding independence as a lived experience—rather than a procedural ideal—remains underexplored, particularly in contexts where political influence challenges judicial integrity. This study explores how constitutional judges experience and interpret judicial independence under political pressure using an interpretative phenomenological approach (IPA). Findings reveal that independence is a continuous moral and emotional process rooted in conscience, reflection, and professional resilience. Through thematic analysis of interviews with eight constitutional judges, four themes emerged—ethical conflict, emotional burden, institutional mechanisms, and reflexive identity—illustrating that independence is sustained through moral awareness rather than structural protection. The study contributes to a human-centered understanding of constitutional justice by framing judicial independence as an existential and ethical practice.
Copyright (c) 2025 Sofiatul Wahidah, Imamul Arifin (Author) https://creativecommons.org/licenses/by/4.0
Legal Ambiguity and Meaning-Making in Cross-Border Electronic Contracts
The growing complexity of cross-border electronic contracts has transformed civil law, challenging conventional notions of legal certainty in the digital era. Despite this shift, limited research has examined how advocates experience and interpret legal ambiguity in transnational contexts. This study addresses that gap by employing Interpretative Phenomenological Analysis (IPA) to explore the lived experiences of advocates handling ambiguity in cross-border e-contracts. Through semi-structured interviews with eight international contract advocates, the study identifies three core processes of meaning-making: interpretative reasoning, ethical reflection, and contextual adaptation. Findings reveal that legal ambiguity is not merely a source of uncertainty but a generative space that enhances interpretative creativity and ethical awareness. Advocates engage in a dynamic sense-making process bridging formal legal norms with real-world contexts, positioning law as a lived, interpretative practice rather than a rigid system. This research advances understanding of legal interpretation as a human-centered process and underscores phenomenology’s contribution to modern legal theory and global digital practice.
Copyright (c) 2025 Riki Gustiawan, Hanafi Yunus (Author) https://creativecommons.org/licenses/by/4.0
Justice as Lived Experience Among Muslim Women in Inheritance Disputes
Justice within Islamic law is not merely a legal construct but a lived moral and experiential reality shaped by faith, culture, and institutional practice. In Indonesia’s Religious Courts, Muslim women involved in inheritance disputes encounter complex intersections between religious doctrine, social norms, and gender expectations. While previous research has emphasized legal texts and procedural analysis, this study explores how women personally and spiritually experience justice during inheritance litigation. Using Interpretative Phenomenological Analysis (IPA), narratives from twelve women were analyzed through in-depth semi-structured interviews. The findings reveal three dominant themes: (1) justice as a spiritual journey grounded in submission to divine will, (2) justice as social negotiation within patriarchal and institutional constraints, and (3) justice as moral self-affirmation achieved through resilience and reflection. These results show that participants view justice as an evolving process that transcends court decisions, integrating emotional, moral, and faith-based dimensions. Practically, the study highlights the need for gender-sensitive judicial training and the incorporation of spiritual-ethical perspectives in Islamic legal reform. By integrating emotional and spiritual insights into legal discourse, this research contributes to a more holistic understanding of justice in Islamic law and offers pathways for developing equitable inheritance practices for women.
Copyright (c) 2025 Mukhlis Lubis, Suradi (Author) https://creativecommons.org/licenses/by/4.0
Application of Qard in MUI Fatwa No. 4/2022 on Shopee Paylater for Muslim Consumer Protection
The rapid growth of digital financial transactions has raised concerns regarding compliance with Islamic law, particularly in avoiding riba (usury). One financial service that has attracted significant attention is Shopee PayLater, which offers a buy now, pay later (BNPL) scheme that may involve interest charges. This study aims to analyze the application of the qard (loan) contract in Shopee PayLater based on MUI Fatwa No. 4 of 2022 and its role in protecting Muslim consumers. Using a qualitative-descriptive method, this research specifically examines Shopee PayLater as a case study of digital BNPL services in Indonesia. Data were collected from secondary sources, including MUI fatwas, OJK regulations, and academic journal articles, complemented by doctrinal analysis of Islamic legal principles. The sampling unit of analysis focuses on the contractual scheme of Shopee PayLater, particularly the qard element, late payment fees, and their alignment with sharia provisions. Relevant fatwas, regulations, and academic discussions on Islamic finance are examined to assess whether Shopee PayLater complies with sharia principles. The analysis employed content analysis to extract recurring themes of sharia compliance, and legal comparison was conducted between the Shopee PayLater mechanism and the stipulations of MUI Fatwa No. 4 of 2022. The study also evaluates potential legal risks and the protections available to Muslim consumers engaging in BNPL transactions. The findings show that while Shopee PayLater adopts a qard-based structure in line with Fatwa No. 4 of 2022, additional service charges and late payment penalties may resemble practices close to riba. Evidence from MUI documents and consumer protection regulations indicates that these charges need strict regulation and transparency. Specifically, the study finds that Muslim consumers face legal uncertainty if the additional costs are not explicitly categorized as administrative fees rather than interest. The study concludes that, although Shopee PayLater offers financial flexibility, its compliance with Islamic principles remains conditional: only by restructuring the cost elements to eliminate riba-like features can it fully align with sharia standards. This underscores the need for stronger monitoring by regulators and clearer fatwa-based guidelines for fintech providers. This research contributes to the field of Islamic finance by providing insights into the relationship between Islamic financial principles and digital lending services. Furthermore, it offers valuable guidance for policymakers, financial institutions, and consumers seeking sharia-compliant financial solutions.
Copyright (c) 2025 Hubbul Wathan, Sulfi Amri Bin Sulaiman (Author) https://creativecommons.org/licenses/by/4.0
Exploring the Lived Experiences and Meaning-Making of Citizens Pursuing Judicial Review at the Indonesian Constitutional Court
Judicial review is a crucial mechanism for protecting constitutional rights and ensuring democratic accountability, yet citizens’ subjective experiences in pursuing this process remain underexplored. This study addresses this gap by examining how citizens experience and make sense of defending their constitutional rights through judicial review at the Indonesian Constitutional Court. Using a phenomenological approach with Interpretative Phenomenological Analysis (IPA), data were drawn from twelve petitioners interviewed between 2020 and 2024. The analysis revealed four key themes: perceived procedural barriers, emotional struggles, transformation of constitutional awareness, and evolving trust in legal institutions. By integrating phenomenological insights into constitutional law research, the study contributes to socio-legal scholarship and underscores practical implications for improving access to justice and institutional transparency. However, the findings are limited by the small sample size and focus on a single national context, suggesting the need for broader comparative and longitudinal studies.
Copyright (c) 2025 Siti Hawa, Roslina (Author) https://creativecommons.org/licenses/by/4.0
Exploring Lived Experiences and Meanings of Restitution Obligations Among Consumers in Civil Law Contexts
Civil law, particularly within the domain of obligations and contracts, plays a crucial role in regulating social and economic relationships by defining rights and responsibilities between parties. Yet, studies on restitution obligations remain largely doctrinal and quantitative, leaving a critical gap in understanding how consumers personally experience and interpret these obligations. Restitution in cases of contractual default is not only a legal mechanism but also a phenomenon intertwined with individuals’ emotions and social realities an aspect underexplored in existing scholarship. To address this gap, this study adopts a descriptive phenomenological approach to explore the lived experiences of consumers facing restitution obligations and to uncover the subjective meanings they assign to these legal processes. Data were collected through semi-structured, in-depth interviews with twelve participants who had undergone restitution obligations within the past three years. Thematic analysis revealed four interrelated themes: restitution as an emotional burden, a contested perception of justice, a disruption of social and financial stability, and a redefinition of personal responsibility. This methodological choice highlights the novelty of integrating phenomenology into civil law research, shifting the focus from abstract norms to lived realities. The findings contribute both theoretically and practically. Theoretically, they expand socio-legal studies by demonstrating that restitution is shaped by psychological, cultural, and social dimensions. Practically, they provide insights for refining judicial practices, strengthening consumer protection policies, and guiding reforms that are more responsive to human experience.
Copyright (c) 2025 Fitri, Nadya Indah Ramdhani Lubis (Author) https://creativecommons.org/licenses/by/4.0
Muslim Women’s Lived Experiences in Divorce Mediation at Islamic Religious Courts
Divorce mediation within Islamic Religious Courts is a significant topic at the intersection of law, religion, and lived experience. While existing studies emphasize procedures and institutional mechanisms, little attention has been paid to Muslim women’s personal and cultural experiences in mediation. This study addresses this gap by asking: How do Muslim women perceive and construct meaning during the mediation process within Islamic Religious Courts? Adopting an interpretative hermeneutic phenomenological approach, the research involved in-depth interviews with 12 Muslim women who participated in divorce mediation in Indonesia. Data were analyzed thematically to explore emotional, spiritual, and relational dimensions. The findings identify four core themes: emotional ambivalence, negotiation of religious values and personal rights, spiritual resilience, and perceived power dynamics. These insights reveal that mediation is not only a legal procedure but also a deeply personal and spiritual negotiation embedded in broader socio-cultural contexts. This study contributes to Islamic family law scholarship by highlighting women’s voices and experiences, and offers implications for developing gender-sensitive mediation practices. Future research should integrate multiple stakeholder perspectives and comparative contexts across diverse Islamic societies.
Copyright (c) 2025 Siti Tazkya Awalia, Rizki Nur Fadilah (Author) https://creativecommons.org/licenses/by/4.0
A Juridical Review of Legal Protection for Women in the Practice of Contractual Marriage within Indonesia’s National Legal System
The practice of contractual marriage in Indonesia contradicts the principles of permanency and official registration mandated by the Marriage Law, placing women and children in conditions of legal and social vulnerability, particularly concerning alimony, inheritance, and the status of children. his study applies a normative juridical method by examining statutory regulations, legal doctrines, and court interpretations to evaluate the consistency and adequacy of existing protections. The legal framework under review includes the Marriage Law, the Compilation of Islamic Law (KHI), the Law on the Eradication of Human Trafficking (UU TPPO), the Sexual Violence Law (UU TPKS), and the Child Protection Law. Through this approach, contractual marriages are classified as both civilly invalid and as practices that may fall under sexual exploitation and human trafficking.The findings demonstrate concretely that contractual marriage lacks legal recognition under the KHI and, because it is unregistered, denies women and children access to fundamental rights such as inheritance and alimony. The absence of uniform legal acknowledgment worsens victims’ vulnerabilities, while remedies such as restitution remain fragmented and inconsistently applied. Methodological clarity is achieved by linking the normative juridical analysis to specific legal outcomes: invalidity under marriage law, classification under TPPO/TPKS provisions, and implications for child protection. The study concludes that harmonization of regulations is essential, particularly through clearer integration between religious and civil courts, consistent registration mechanisms between KUA and Dukcapil, and victim-centered enforcement. While broader policy debates exist, the core recommendation is the explicit criminalization of contractual marriage to eliminate legal ambiguity and ensure concrete protection for women and children.
Copyright (c) 2025 Tiarma Simanjuntak , Angelo Basario Marhaenis (Author) https://creativecommons.org/licenses/by/4.0
Judges’ Interpretive Experiences in Adopting Foreign Legal Principles
Comparative law has increasingly recognized the dynamic role of judicial interpretation in integrating foreign legal principles into domestic legal systems. While prior research has focused on normative and structural aspects, little is known about how judges personally experience and interpret these legal transplants in practice. The present study addresses this gap by asking: How do judges experience and make sense of adopting foreign legal concepts in national adjudication? Using an interpretative phenomenological approach, this study explores the lived experiences of senior judges as they navigate the application of foreign legal norms within their own judicial context. Data were collected through in-depth, semi-structured interviews with twelve judges and analyzed using thematic analysis supported by NVivo software. The results reveal five key experiential themes: tension between normative ideals and local realities, interpretative autonomy, emotional ambivalence, strategic adaptation, and institutional constraints. These themes illustrate that judges actively reinterpret foreign legal principles through contextual reasoning, professional identity, and cultural values. The findings contribute to a deeper understanding of comparative judicial practice by highlighting the subjective and interpretative processes behind legal integration, but this study is limited by its relatively small sample size and focus on senior judges, which may not fully capture the diversity of judicial experiences across jurisdictions and court levels. Nevertheless, the insights gained provide practical implications for enhancing judicial training, fostering transnational legal dialogue, and informing policymakers about the challenges and opportunities of integrating foreign legal concepts into broader legal contexts.
Copyright (c) 2025 Abdul Kholik, Anthon Fathanudien (Author) https://creativecommons.org/licenses/by/4.0
Social Equity Policies and Urban Poor Migrants’ Lived Experiences in Public Services
Social equity policy has become a central topic in public administration and urban governance, yet its practical impact on marginalized populations remains poorly understood. Specifically, little is known about how urban poor migrants interpret and emotionally respond to their experiences with public service systems under such policies. What remains unclear is how these individuals perceive justice in state-led equity initiatives and what meanings they assign to their encounters with bureaucracy. This study adopts an interpretative phenomenological approach to examine how urban poor migrants construct meaning from their lived experiences with social equity programs in metropolitan environments. Data were collected through in-depth, semi-structured interviews with twelve participants and analyzed thematically using Interpretative Phenomenological Analysis (IPA). The findings reveal four major themes: formal invisibility, bureaucratic alienation, micro-resistance, and reframed hope. These themes reflect how participants navigate institutional structures that recognize them in form but often exclude them in practice. The results suggest that justice, for these individuals, is experienced less as procedural inclusion and more as personal affirmation and relational recognition. This study enhances our understanding of equity by uncovering emotional and existential dimensions often absent in traditional evaluations and offers new insights for policy reform grounded in lived realities. However, the study is limited by its small sample size and focus on a single metropolitan context, which may constrain the generalizability of its findings. Despite this limitation, the study makes a distinct contribution by foregrounding the lived, emotional, and relational dimensions of social equity, offering both theoretical enrichment for equity scholarship and practical guidance for policymakers seeking more human-centered reforms.
Copyright (c) 2025 Fakhrurrazi, Hanita Azrica (Author) https://creativecommons.org/licenses/by/4.0
Justice Experiences of Sexual Violence Survivors in the Indonesian Legal System
Sexual violence and institutional justice are critical areas of inquiry within the fields of criminal justice and legal reform, especially in socio-cultural contexts where survivors face systemic barriers. While legal responses have improved in many jurisdictions, limited attention has been paid to how survivors experience justice processes from a subjective, emotional, and moral standpoint. Little is known about how survivors of sexual violence in Indonesia interpret their interactions with the justice system, raising the question: how is justice lived, perceived, and internalized by survivors within such institutional frameworks? This study adopts a descriptive phenomenological approach, employing Colaizzi’s method of analysis to ensure rigor in capturing subjective meanings, to explore the lived experiences of sexual violence survivors navigating Indonesia’s criminal justice system. Using in-depth semi-structured interviews with ten survivors, the study identified four essential themes: revictimization during investigation, disempowerment in courtroom proceedings, institutional stigma, and emerging hopes for restorative justice. Thematic analysis revealed that justice, for survivors, is experienced not only as a legal outcome but as a relational and emotional process shaped by acknowledgment, respect, and dignity. Findings highlight the psychological cost of procedural injustice and underscore the survivors’ calls for trauma-informed and empathetic legal practices. These results broaden our understanding of institutional justice by grounding it in survivors’ lived realities, offering crucial insights for developing survivor-centered reforms and future research on justice system accountability. However, the study has certain limitations: its small sample size (ten participants) restricts generalizability, and the reliance on self-reported narratives may be subject to recall bias. Despite these constraints, the findings carry significant practical implications. They emphasize the need for policymakers, legal practitioners, and law enforcement agencies to integrate trauma-informed procedures, enhance survivor protection mechanisms, and implement restorative practices to reduce secondary victimization. Such reforms could contribute to a more compassionate and accountable justice system in Indonesia.
Copyright (c) 2025 Hidayatullah, Rustamunadi (Author) https://creativecommons.org/licenses/by/4.0
A Doctrinal-Analytical Study on the Objectives of Sharia and Their Role in Managing Epidemics: A Case Study of the Coronavirus Pandemic
Throughout history, humanity has endured numerous epidemics that claimed countless lives. The COVID-19 pandemic, however, proved to be one of the most devastating global health crises in the modern era. Spreading rapidly across countries, the virus disrupted all aspects of life economically, socially, politically, and spiritually leaving governments and health systems overwhelmed. In Islamic jurisprudence, Sharia objectives (Maqasid al-Sharia) play a central role in preserving human life. The pandemic underscored the importance of applying these objectives, particularly the five essential ones protection of religion, life, intellect, lineage, and wealth. This study employs a doctrinal-analytical method by examining classical and contemporary Islamic legal texts, fatwas, and relevant academic literature to explore how Islamic legal maxims and the Sharia's preventive and protective dimensions guided individuals and communities in managing the pandemic responsibly. Focusing on primary sources such as the Qur’an, Hadith, and authoritative works of Islamic jurists, the study analyzes how public health measures align with Maqasid al-Sharia. By prioritizing public health, social responsibility, and individual safety, Sharia offers a comprehensive ethical and legal framework for confronting modern epidemics.
Copyright (c) 2025 Imen Krimi (Author) https://creativecommons.org/licenses/by/4.0
Judicial Experiences and Interpretive Practices in Breach of Electronic Contract Cases Among Civil Judges in Indonesia: A Socio-Legal and Doctrinal Analysis
The increasing digitization of civil obligations has transformed the nature of contract formation, enforcement, and breach in contemporary legal systems. While the legal framework for electronic contracts has evolved, little is known about how judges subjectively experience and interpret breaches within digital transaction contexts. This gap in the literature reflects a lack of systematic attention to the judicial perspective, despite its critical role in shaping consistency, predictability, and fairness in electronic contract enforcement. Moreover, limited scholarly focus on the Indonesian context means that both legal practitioners and policymakers lack nuanced guidance on how courts are adapting to digital disputes. The lack of empirical research on judges’ internal reasoning in these cases raises the question: How do judges perceive and assign meaning to breaches of electronic contracts in civil litigation? This study employs a descriptive phenomenological approach to explore the lived experiences of Indonesian civil judges who have adjudicated breach of contract cases involving electronic transactions. Through semi-structured interviews with six judges and thematic analysis of the transcribed narratives, the study reveals three central themes: interpretive engagement with digital evidence, balancing formal law with contextual justice, and bearing moral responsibility amid legal ambiguity. These findings demonstrate that judicial reasoning is shaped not only by procedural knowledge but also by ethical reflection, situational awareness, and the interpretive nature of legal practice in the digital age. In practical terms, the study highlights how judges’ interpretive practices can inform the refinement of procedural rules, judicial training, and legal education to better address disputes in a digitized economy. The results contribute new insights into how judges navigate legal uncertainty, and they underscore the value of phenomenological inquiry in legal scholarship. This study advances our understanding of the human dimension of judicial decision-making and offers a foundation for future research on legal reasoning in rapidly evolving technological environments. Nevertheless, the study is limited by its small sample size of six judges and its focus on a single jurisdiction, which may affect the generalizability of the findings. Future research should expand to include comparative perspectives across jurisdictions and larger participant groups to deepen and broaden these insights.
Copyright (c) 2025 Nur Adhim, Ade Risna Sari (Author) https://creativecommons.org/licenses/by/4.0
Reclaiming Humanity: Inner Journeys of Self-Forgiveness and Identity Restoration in Restorative Justice Rehabilitation for Offender Reintegration
Restorative justice is increasingly recognized as a transformative alternative to punitive criminal justice models. However, limited research addresses the inner journeys of individuals who experience such rehabilitative processes. This study aims to explore how formerly incarcerated individuals make sense of their moral awakening, self-forgiveness, and identity restoration through participation in restorative justice-based rehabilitation programs. Employing an interpretative phenomenological analysis (IPA) approach, the study involved eight participants who shared personal narratives of emotional confrontation, identity reconstruction, and renewed social belonging. Findings indicate that rehabilitation is not solely about behavioral change or program compliance. Instead, it is a profound process of reclaiming one’s humanity through reflective encounters, interpersonal support, and community reintegration. Participants identified self-forgiveness as the most difficult yet essential component of their transformation, often catalyzed by victim dialogues and facilitated support systems. The study underscores the importance of viewing justice as a human-centered process that transcends institutional frameworks and emphasizes relational healing. These insights have meaningful implications for policymakers and practitioners in developing more empathetic, person-centered rehabilitation models. By emphasizing the subjective dimensions of reform, this study contributes to the discourse on restorative justice as a pathway for existential renewal rather than merely a strategy for recidivism reduction.
Copyright (c) 2025 Sofian Syaiful Rizal (Author) https://creativecommons.org/licenses/by/4.0
Behind the Bench: Constitutional Judges' Perspectives Under Political Pressure
Judicial independence is commonly viewed as a structural or doctrinal safeguard, but this study explores how it is personally interpreted and practiced by constitutional judges under political pressure. Using an interpretative phenomenological analysis (IPA) approach, this qualitative study involved in-depth interviews with eight sitting and former constitutional judges in a transitional democracy. Participants were selected through purposive sampling to reflect diverse institutional backgrounds and experiences. The analysis identified three core themes: institutional isolation, moral struggle, and silent resistance. Judges described how they cope with political interference not through confrontation, but through legal precision, ethical reasoning, and personal resilience. These findings highlight the psychological and ethical dimensions of judicial independence, showing that autonomy is not solely protected by legal norms, but also by the judges’ personal commitment to constitutional principles. This study provides insight into how judicial behavior is shaped by lived experience, offering practical implications for strengthening institutional support systems that safeguard both legal integrity and the individual wellbeing of judges.
Copyright (c) 2025 Amrar Mahfuzh Faza (Author) https://creativecommons.org/licenses/by/4.0
Qualitative Experiences of Civil Law in Unequal Tenancy: Emotional and Moral Dimensions of Legal Duty among Urban Renters in Indonesia
In urban Indonesia, rental agreements often reflect asymmetrical legal relationships that disadvantage tenants, especially those with limited economic means or legal literacy. This study investigates how civil obligations embedded in such contracts are perceived and internalized by urban tenants facing rental injustice. Employing Interpretative Phenomenological Analysis (IPA), the research explores the emotional and moral dimensions of legal compliance among ten adult tenants (aged 25–50) residing in Jakarta and Bandung who have encountered perceived inequality in their housing contracts. Participants were recruited through purposive sampling based on their lived experiences of unresolved rental disputes and reported feelings of legal disempowerment. Findings reveal that tenants’ experiences of legal obligation are not governed solely by contractual norms but are shaped by fear, resignation, social dependency, and moral negotiation. Four key themes emerged: legal powerlessness, silent compliance, informal renegotiation, and the normalization of injustice. These themes highlight the subjective burden of fulfilling civil duties under conditions of legal imbalance, suggesting that tenants’ engagement with law is affectively and socially constructed rather than procedurally neutral. This study contributes to a richer understanding of legal consciousness by emphasizing the lived reality of civil obligations. It challenges the conventional perception of legal enforcement as a rational process, calling instead for tenant-centered legal reforms that recognize emotional harm and social vulnerability. The findings underscore the need for more empathetic and context-sensitive approaches in contract law, particularly within socioeconomically strained urban settings.
Copyright (c) 2025 Setiadi (Author) https://creativecommons.org/licenses/by/4.0
Beyond the Bench: Exploring Divorced Women’s Emotional and Spiritual Journeys Through Custody Litigation in Islamic Courts
This study investigates the multifaceted emotional and spiritual experiences of divorced women undergoing child custody litigation in Indonesia’s Religious Courts. While prior legal scholarship has focused primarily on doctrinal interpretations and procedural justice, this research employs a descriptive phenomenological approach to explore the human dimensions often overlooked by institutional systems. Methodologically, in-depth interviews were conducted with nine divorced women, and data were analyzed using Interpretative Phenomenological Analysis (IPA). The study reveals four key themes: (1) emotional marginalization within courtroom interactions, (2) asymmetric power dynamics that privilege male voices, (3) deep spiritual reliance as a source of psychological resilience, and (4) disillusionment with the disconnect between Islamic legal ideals and courtroom practices. These findings demonstrate that custody litigation extends beyond legal procedures and becomes a deeply personal and transformative experience shaped by emotional hardship, spiritual strength, and struggles over maternal identity. The study advocates for gender-sensitive reforms in Islamic family law that incorporate psychological insight and empathetic engagement. By centering women's lived experiences, it offers critical contributions to the discourse on justice, calling for a more holistic and humane adjudication framework within religious legal systems.
Copyright (c) 2025 Suradi (Author) https://creativecommons.org/licenses/by/4.0
Muslim Widows’ Lived Experiences in Navigating Inheritance Rights in Indonesian Religious Courts
Islamic inheritance law represents a vital intersection between religious doctrine, social norms, and gender dynamics in Muslim-majority societies. While doctrinal clarity exists, the lived experiences of women particularly widows navigating inheritance processes remain underexplored. Previous research has largely focused on legal procedures and theoretical principles, leaving unanswered how Muslim widows personally experience and interpret the pursuit of their inheritance rights within religious court systems. This study uses a descriptive phenomenological approach to explore how justice, agency, and identity are subjectively constructed through this legal journey. In-depth interviews were conducted with nine Muslim widows who had pursued inheritance claims in Indonesian religious courts, and data were analyzed thematically using Colaizzi’s method. The findings reveal four major themes: feelings of powerlessness in the legal system, social stigma and family pressure, strategies of resilience, and moral reinterpretation of justice through faith. These themes uncover the complex emotional and spiritual dimensions of legal experience that are often absent in normative analyses. The study deepens our understanding of justice as a lived experience and offers a foundation for culturally grounded legal advocacy. These insights hold potential for future research on gender-sensitive reform and experiential legal studies in other Islamic contexts. However, this study is limited by its small sample size, focus on a single national context, and reliance on self-reported narratives, which may not fully capture the diversity of widows’ experiences across different regions or legal settings. Acknowledging these limitations helps contextualize the findings and underscores the need for broader comparative research.
Copyright (c) 2025 Mukhlis Lubis, LUKMAN HAKIM (Author) https://creativecommons.org/licenses/by/4.0
Exploring the Meaning of Justice Through the Lived Experiences of Human Rights Violation Victims: A Phenomenological Study in the Indonesian Legal System
Justice systems are often assumed to be neutral and impartial structures for redress, yet victims of human rights violations frequently experience legal processes as disempowering and alienating. In the post-reform Indonesian legal context (1998–2023), research has explored how victims themselves interpret and emotionally navigate biased legal systems. What remains underexamined is the subjective meaning of justice as lived by victims whose voices are marginalized in procedural environments This study seeks to answer how justice is experienced and internalized by these victims within the socio-political and legal dynamics of Indonesia. Employing an interpretative phenomenological analysis (IPA) methodology, we investigated the lived experiences of twelve Indonesian victims of state-perpetrated human rights violations, all of whom engaged in formal legal proceedings between 2010 and 2022. Data were collected through in-depth, semi-structured interviews and analyzed thematically using NVivo 12 software. Four major themes emerged: judicial silencing, emotional disillusionment, psychological trauma, and narration as resistance. These findings reveal that victims often redefine justice as an internal process of voice reclamation and meaning-making, rather than legal recognition. The study highlights how legal processes, intended to empower, can instead re-inscribe harm, while personal narratives become sites of agency. This research contributes to a more human-centered understanding of justice by revealing how individuals emotionally and existentially navigate the institutional justice process. The findings advocate for empathetic, trauma-informed, and participatory legal reforms rooted in victim experiences.
Interpretative Phenomenological Analysis
Copyright (c) 2025 Herman Syahkiki (Author) https://creativecommons.org/licenses/by/4.0