Journal of Legal and Cultural Analytics

Repositioning Waqf as an Islamic Legal and Social Institution: A Global Bibliometric and Thematic Review (1975–2025)

Moh. Asep Zakariya Ansori — 2026-03-31

This study repositions waqf as an Islamic legal and social institution by mapping the evolution, intellectual structure, and thematic development of global waqf scholarship from 1975 to 2025. Using a mixed-method review, it integrates bibliometric analysis and thematic content analysis of 319 Scopus-indexed journal articles, supported by Google Scholar triangulation. The results show a major acceleration of publications after 2010, alongside a shift from doctrinal-historical studies toward governance- and finance-oriented research. Four dominant thematic clusters emerge: cash waqf, governance and accountability, Islamic social finance integration, and institutional management. However, the literature remains geographically concentrated, collaboration networks are fragmented, and empirical impact evaluation is still limited. The study highlights critical gaps for strengthening Islamic legal theory, socio-legal analysis, and evidence-based waqf governance reform.

Legal Certainty and the Harmonization of the Principle of Prudence: A Reconstruction of Bank Compliance Parameters in the Discourse on the Business Judgment Rule

Rizki Pratama — 2026-02-28

The banking sector plays a crucial role in national economic development and must operate in accordance with prudential banking principles. However, legal uncertainty arises due to the clash of norms between the regulations governing the Board of Directors' duties under Law No. 40 of 2007 concerning Limited Liability Companies (UU PT) and criminal liability under Law No. 10 of 1998 concerning Banking. This research aims to analyze the harmonization of these regulations and propose a reconstruction of prudential parameters to avoid the criminalization of business risks. The research adopts a normative legal method, and findings indicate that the lack of clear "compliance steps" parameters creates disparity in court rulings. The discretion granted to businesses under the Business Judgment Rule doctrine is sometimes misinterpreted, leading to criminal implications. The study recommends reinforcing the role of the Financial Services Authority (OJK) by instituting a Cease and Desist Order as a precondition for criminal law enforcement in compliance matters.

Integration of Blockchain-Based Smart Contracts in the Resolution of Commercial Contract Disputes

Warmiyana Zairi Absi — 2026-02-28

The development of blockchain technology encourages the use of smart contracts as digital contract instruments that are automatic and cannot be changed, especially in cross-sector commercial transactions. This study aims to analyze the legal status of blockchain-based smart contracts as well as evaluate the possibility of their integration in legally recognized commercial contract dispute resolution mechanisms. This research uses a normative legal research method with a conceptual and case legislation approach conducted through a literature study of laws and regulations, legal doctrine, as well as relevant decisions and cases. This study does not involve respondents or informants because it focuses on the analysis of legal norms and concepts. The data was analyzed qualitatively juridically through interpretation methods and legal arguments. The results of the study show that smart contracts can in principle be integrated in the settlement of commercial contract disputes as an instrument for the implementation and proof of contracts, but have not been able to fully replace the role of conventional dispute resolution mechanisms due to their limitations in handling legal interpretation, the application of the principle of good faith, and certain conditions such as non-technical defaults. This study concludes that the integration of smart contracts requires a hybrid model that combines technology-based automated execution with a law-based dispute resolution mechanism to ensure legal certainty and substantive justice in commercial contract practice.

A Juridical Analysis of the Use of Technology in Investigation and Inquiry Processes Based on Scientific Crime Investigation to Uncover the Murder Case of a Former Member of the Langkat Regional House of Representatives

Syaiful Bahri — 2026-02-28

The development of information technology has brought significant changes to the criminal justice system in Indonesia, particularly in the investigation and inquiry stages of criminal acts. This study aims to analyze the legal basis for the use of technology in the investigation and inquiry process, its application in solving the murder case of a former member of the Langkat Regional People's Representative Council (DPRD), and the validity of technological evidence in the evidentiary process according to criminal procedural law. This study uses a normative-empirical legal method with a conceptual approach and a case approach. Data were obtained through a literature review of primary, secondary, and tertiary legal materials, and supported by an analysis of the practice of applying technology in investigations. The results of the study indicate that the use of technology in investigations and inquiries has a legal basis sourced from the Criminal Procedure Code, the Electronic Information and Transactions Law, and the Police Law. In practice, technologies such as CCTV, telecommunications data, and digital forensics play an important role in helping investigators uncover crimes more objectively and accurately. Legally, technological evidence is basically legitimate for use in the criminal evidentiary process as long as it is obtained through legal procedures, its authenticity and integrity are maintained, and it meets the principles of legality, authenticity, and integrity.

A Comparative Legal Analysis of Intellectual Property as Marital Property: Perspectives from Indonesia, the United States, and Europe

Yudika Dwi Erwanda — 2026-03-31

This study examines the regulation of copyright royalties as marital property in Indonesia, the United States, and Europe, aiming to provide recommendations for better legal implementation. It applies a case approach and a comparative law approach, using library research and qualitative analysis. The findings show that Indonesia, the United States, and Europe share similarities in recognizing royalties as marital property. However, European countries tend to more clearly distinguish between exclusive rights and economic rights, while the United States demonstrates considerable flexibility through its regulatory variations. Indonesia still requires clearer and more comprehensive regulations to ensure legal certainty regarding the status of royalties as marital property and their distribution after divorce.