This study aims to compare the regulatory frameworks governing fintech innovation, blockchain and digital assets, and investor data protection in the capital markets of Indonesia and Malaysia. It employs normative legal research using statute, comparative, and conceptual approaches. The analysis is based on primary legal materials, including legislation, regulatory guidelines, supervisory instruments, and official policy documents, as well as secondary legal materials, including academic literature and policy reports. The collected materials are examined through descriptive and comparative legal analysis. The findings demonstrate that Indonesia and Malaysia pursue broadly similar regulatory objectives through licensing, governance requirements, supervisory mechanisms, risk management, and investor protection. However, the two jurisdictions differ significantly in their institutional architecture. Indonesia adopts an integrated financial-sector regulatory approach under the Financial Services Authority, whereas Malaysia applies a more specialised capital-market supervisory model through the Securities Commission Malaysia. These institutional differences influence regulatory coherence, supervisory coordination, legal certainty, and regulators' capacity to address technology-specific risks. The findings imply that Indonesia should strengthen inter-institutional coordination and technology-specific supervisory standards, while both jurisdictions should ensure that innovation policies remain closely connected with cybersecurity, operational resilience, and investor protection. The originality of this study lies in integrating fintech regulation, digital asset governance, and investor data protection within a single comparative legal framework focused on regulatory coherence and institutional design.
This article analyzes the existence and juridical status of DNA testing in the determination (ithbāt) (establishment of lineage status) and negation (nafy) (denial, annulment, or rejection of lineage relationship) of lineage within the framework of Islamic family law through the perspective of the fatwas of Ali Jum’ah. The rapid development of forensic genetic technology has challenged the classical Fiqh framework, which traditionally recognizes liʿān (as the only legitimate mechanism for denying lineage). This study aims to reassess the relevance of Ali Jumʿah’s legal reasoning in the contemporary context by comparing legal approaches in Indonesia, selected Middle Eastern countries, and Western jurisdictions. This research employs a juridical-normative approach combined with comparative legal analysis and socio-legal perspectives. The study analyzes authoritative literature, fatwas of Islamic institutions, statutory regulations, and selected judicial decisions related to paternity determination and denial. The findings demonstrate that Middle Eastern legal systems generally recognize DNA evidence as qarīnah qawiyyah for verifying lineage but reject its use for nafyu al-nasab, consistent with Ali Jumʿah’s fatwa. Indonesia adopts a moderate approach, allowing DNA as corroborative evidence for determining biological relations but not as an independent basis for denying nasab in Islamic law. In contrast, Western legal systems treat DNA evidence as the primary determinant of paternity regardless of marital status. This study contributes to the development of an integrative framework for Islamic family law reform, proposing that DNA testing should function as strong corroborative evidence within a maqāṣid al-sharīʿah (Objectives of Shariah) framework that prioritizes the protection of lineage (ḥifẓ al-nasab), family stability, and the rights of the child.
This article reviews the question of whether the existing EU legal provision on working time is effective in guaranteeing substantive equality of opportunity in employment. It highlights a doctrinal gap in the EU labour law: whereas the Directive 2003/88/EC is officially intended to be a health and safety tool, the effect of this tool on equality (especially indirect discrimination and care responsibilities and disability accommodation) is still conceptually undeveloped and inconsistently applied. The research is characterized by a doctrinal legal approach, a mix of the analysis of EU primary and secondary law, and the Court of Justice of the EU case-law. The wider applicability of EU standards, such as to the Ukrainian labour law reform, is evaluated in a limited comparative perspective. The results show that formally neutral working-time practices, including long working hours, inflexible working schedules, and expansive derogations, may have disproportionately negative effects on women, caregivers, and persons with disabilities. The study reveals that the current framework has a weakness not in the lack of legal norms, but in its piecemeal interpretation of equality and ineffective enforcement procedures, especially in the area of working-time recording and opt-outs. The article contributes to the legal doctrine by conceptualizing the regulation of working time as an equality mechanism, not a technical or health-related problem. It calls for an equality-based review into the working-time law and suggests the reinforcement of enforcement, curtailing of derogations, and acknowledgement of access to flexible working arrangements as an element of employment equality.
The development of industrial relations in Indonesia demonstrates a structural shift toward the dominance of informal and precarious employment, characterized by fixed-term employment contracts (Perjanjian Kerja Waktu Tertentu/PKWT) and outsourcing arrangements that often weaken legal protection and social security coverage. This study examines the gap between normative labor regulations and the practical implementation of legal protection for precarious workers in Indonesia. Rather than employing an empirical field-based method, the research adopts a qualitative socio-legal doctrinal approach, analyzing primary legal materials, including Law No. 13 of 2003 on Manpower, Law No. 11 of 2020 on Job Creation and its implementing regulations, Constitutional Court decisions, and relevant ministerial regulations as well as secondary legal literature and policy documents. The unit of analysis focuses on the regulation and governance of fixed-term contracts and outsourcing arrangements in the post–Job Creation reform period. The findings reveal three central themes. First, regulatory reforms aimed at increasing labor market flexibility have expanded the scope of fixed-term and outsourced work, thereby intensifying employment insecurity and blurring employment status. Second, although labor standards are formally regulated, substantive protection remains limited due to ambiguities in employment classification and weak enforcement mechanisms. Third, institutional constraints in labor inspection and dispute resolution mechanisms contribute to a predominantly reactive and fragmented enforcement pattern. These dynamics reflect structurally unequal industrial relations, where workers’ bargaining power remains limited and access to effective remedies is uneven. The study concludes that legal protection for precarious workers in Indonesia remains structurally constrained despite formal regulatory guarantees. To enhance effectiveness, the paper recommends strengthening labor inspection institutions, clarifying the legal boundaries of fixed-term and outsourcing arrangements, expanding access to legal aid and collective representation, and rebalancing labor policy to ensure that flexibility does not undermine fundamental labor rights.
This study examines sexual violence in Aceh’s pesantren (Islamic boarding schools) through a victim-centered legal pluralism perspective, focusing on the interaction between religious authority, local sharia-based criminal law, national child protection instruments, and institutional governance. Using a juridical-sociological approach, this study draws on semi-structured interviews with twelve informants, including survivors, pesantren actors, legal actors, child protection officers, and advocates from non-governmental organizations (NGOs) in Bener Meriah and North Aceh. The interview data are complemented by documentary analysis of legal regulations, child protection reports, NGO documents, media-based case documentation, and selected legal records. The findings show that sexual violence in pesantren is enabled by hierarchical relations between kiai (pesantren leaders), ustaz (religious teachers), and santri (students), especially when takzim (reverential respect toward religious authority) develops into unquestioned obedience without accountability. The study also finds that the pre-amendment implementation of Qanun Aceh No. 6 of 2014 during the 2024 fieldwork period had strong social and religious legitimacy but remained limited in ensuring victim recovery, psychosocial assistance, restitution, educational reintegration, and post-sanction monitoring. Although national instruments such as the Child Protection Law, the TPKS Law, and PMA No. 73 of 2022 provide broader victim-centered protection norms, their implementation in pesantren remains weak and fragmented. Institutionally, relevant actors such as the Ministry of Religious Affairs, DP3A, UPTD PPA, law enforcement agencies, NGOs, and pesantren administrators do not yet operate within an integrated case-management system. This study contributes to socio-legal scholarship by arguing that child protection in pesantren requires not only legal reform, but also mandatory safeguarding governance, integrated referral mechanisms, and enforceable institutional accountability.
