Since the arrival of Islam in the Indian subcontinent, the waqf has been playing a vital role in spreading the spirit of Islam. It is a Muslim's religious endowment to a religious, educational, or charitable cause. It is also an ongoing charity (Sadaqah Jariyah). Muslims, inspired by the Prophet Muhammad (p.b.u.h.) and his traditions, offer their belongings and property in the name of Allah in order to please the Almighty Allah and find peace in the afterlife. Since the early days of Islam in the Indian Subcontinent, the waqf property has developed social, educational, economic, health, and many other philanthropic organizations throughout Bangladesh. The importance of educational institutions stands out among hundreds of waqf institutions. People donate generously to teach and promote Islamic knowledge and institutions. In most situations, waqf property results in the preaching and promotion of Islam, as well as the production of practicing Muslims and Islamic philosophers. Thousands of Islamic educational institutions, mosques, maktabs, and hospitals have been formed as charitable organizations in the country's different localities through the asset of waqf. The majority of waqf properties are managed by locals. People have been inspired for centuries to expedite such endowments around the country. The paper focuses on how the waqf property plays an important role in Islamic educational institutions and how it affects the people and society of Bangladesh.

Originalism versus living constitutionalism is widely regarded as one of the most contentious current battles over constitutional interpretation. Originalism as a theory seeks to instill original understanding of constitutional provisions in a contemporary constitutional premise by opposing the broad interpretive practice known as living constitutionalism, which prioritizes modern understandings. Originalism theory is an interpretation theory whereas living constitutional theory is a construction theory. Although interpretation is only one activity, it is insufficient to make the Constitution functional. Construction, which involves putting the principles into practice and laying out the institutions that will carry out constitutional functions, is another activity that leads to the establishment of constitutional provisions. When it comes to living Originalism, however, it is the interpretation of provisions that is done to determine the true and actual meaning. It advocates both forms, namely originalism and living constitutionalism which appear to complement one another. The Indian Constitution is a blend of rigidity and flexibility and thus supports living originalism, whereas emerging trends in Pakistani courts favour living constitutionalism. This article analyzes the living originalism approach within the Constitution of India and the living constitutionalism method inside the Constitution of Pakistan. It explores the nuanced views on constitutional commitments within these frameworks, elucidating the impact of interpretative techniques on prison discourse, judicial decisions, and standard constitutional tendencies in both South Asian countries. By delving into these procedures, this has a look at goals to provide a complete knowledge of ways they make a contribution to the evolving nature of constitutional interpretation and governance in India and Pakistan. This article adopts a literature review method.

The conception of state of law holds the principles of human rights protection and independent as well as unbiased justice in its implementation. The Constitutional Court has a significant role in reviewing constitutionality under the constitution as stipulated in Article 24C paragraph (1) of the Constitution. The Constitutional Court's functions result in final, binding decisions. Judges play a crucial role in implementing impartiality and upholding laws in society. This notion corresponds to Article 5 paragraph (1) of the Law of Judicial Power and the theory of progressive law which view that laws are established for human life. The objectives of this article is: (i) pinpoint the functions of the Constitutional Court in reviewing the Law of Civil Administration; and (ii) uncover the implications of the Constitutional Court Decision Number 97/PUU-XIV/2016. The writer used a normative legal research. The results indicate that (i) in reviewing the Law of Civil Administration the Constitutional Court serves its functions as a constitutional guard, constitutional interpreter, human rights protector, and democracy protector. First, in reviewing a quo law the judges’ considerations are based on the 1945 Constitution as the realization of upholding the constitution. Second, as a constitutional interpreter, the judges interpret religions and beliefs are an integral entity. Third, granting the request of reviewing a quo law is considered as a concrete manifestation of fulfilling and protecting human rights, in this case native-faith followers. Fourth, the request granted provides a clear pathway for acknowledging the identity of native-faith followers so that they can freely practise their faith. (ii) The decision of a quo has massive implications for society and leads to the establishment of laws as a tool of social engineering. Recognizing native-faith followers in civil administration establishes a new norm, ensuring their rights are implemented and fulfilled. KEYWORDS: State of Law, Constitutional Court Decision, and Native Faith.

The concept "trade and sustainable development" is often associated with and can be traced to the Global North. However, there is a paradigmatic change in the employment of the concept as legal argument in the context of trade dispute. This paper especially focuses on the Indonesia – Raw Minerals dispute. In the WTO dispute concerning Indonesia's raw minerals export ban, the European Union (EU) challenged Indonesia over its export restrictions and Domestic Processing Requirement (DPR). Rather than invoking Article XX(g) of the GATT 1994, which addresses the conservation of exhaustible natural resources—a common approach among WTO members—Indonesia chose to rely on Article XX(d) of the GATT 1994. This article justifies trade restrictions necessary to fulfill WTO-compliant obligations, including the imperative to promote sustainable development in the minerals sector. Although Indonesia ultimately lost the dispute, its use of sustainable development as a defensive strategy merits examination. This paper analyses the narrative techniques Indonesia employed to defend its export restrictions and DPR measures in the WTO proceedings. Drawing on the “Neo” New Haven School perspective which emphasises critical perspective on international law, the paper views the dispute through the lens of “international law as language.” This approach posits that international law is intertwined with political realities and serves as a communicative tool for international actors to engage within the global community. Ultimately, this paper argues that Indonesia's invocation of "sustainable development" reflects legal mimicry, demonstrating how terminology originating from the Global North is now being appropriated as a legal argument by the Global South to empower them.

This study investigates the social consequences of issuing a letter from the East Java National and Political Unity Agency (BAKESBANGPOL) Number 300/5984/209.5/2023, which ostensibly aims to manage conflicts between martial arts schools. However, it has inadvertently undermined the creative economy development program. The BAKESBANGPOL letter was a provincial government intervention to an oversimplified approach to conflict resolution by demolishing martial arts school monuments. The research uses Ethnographic methods and Foucault's perspective, which emphasizes the text's intertextuality and the diversity of social contexts. This research finds that government policy represents a failure of the power system to recognize the cultural practices of civil society. It is because the exerted power cannot fully control the subject of power or the counter-power articulated by martial arts schools. In contrast, the Madiun City Government optimizes the creative economy's potential by promoting the city as a martial art. The frequent construction of martial arts statues contradicts the demolition of martial arts monuments, highlighting the tension between disciplining and fostering the cultural economy. This contradiction raises essential issues regarding the limits of government power to construct a surveillance system and the presence of civil society subjectivity. As a result, social spaces become fields where tactics developed to negotiate the domination of the local and provincial government power. Thus, this research argues that the representation system of civil society within governance does not fully guarantee equality, consensus, or continuity. The letter highlights dynamic power relations structured through spatial politics, characterized by the inseparability between the state apparatus and elements of civil society. Hence, the government must articulate an inclusive strategy that recognizes cultural practices and allows creative economy programs to evolve.

This research examines the implications of Law No. 9 of 2017 on Access to Financial Information for Tax Purposes (IKKP), which grants the Indonesian government, through the Directorate General of Taxes, extensive access to financial information from financial service institutions regarding any taxpayer. Article 6 of this law further provides immunity to government officials, including those from the Ministry of Finance, the Financial Services Authority, and financial institutions, from criminal or civil prosecution under the pretext of “carrying out duties.” This broad authority and immunity raise concerns about potential violations of taxpayer privacy rights, especially for those who have diligently fulfilled their tax obligations. The research argues that such unrestricted government access contradicts the right to privacy for all taxpayers, necessitating legal limitations to safeguard individual rights. The study emphasizes the importance of equitable treatment in ensuring that justice is maintained, particularly for compliant taxpayers. Utilizing a normative research methodology, which includes legislative, conceptual, and comparative approaches, this study highlights the potential conflict between the IKKP Law and other existing regulations, such as Law No. 7 of 2021 on Harmonization of Tax Regulations (HPP) and Law No. 27 of 2022 on Personal Data Protection (PDP). The research underscores the need for a balance between tax transparency and the protection of personal financial data. In conclusion, this study calls for legal action, such as judicial review, to prevent the IKKP Law from undermining human rights and the supremacy of law. Protecting taxpayer privacy within a democratic legal framework is essential to achieving justice and upholding the principles of a Rechtsstaat.

The post-pandemic economic landscape has witnessed the emergence of a worldwide sharing economy system, commonly known as the ‘gig economy’. This system represents a significant transformation in labor and services exchange characterized by short-term jobs, freelance, or on-demand work arrangements facilitated by digital platforms. Recently, the gig economy has emerged as a highly promising employment preference due to its flexibility. However, it has also led to significant inequality issues for traditional workers. Moreover, this sharing economy system also exerts substantial impacts on the environment.

This study analyzes labor law arrangements in Indonesia, Germany and United Kingdom, mainly how several countries protect digital platform workers. Furthermore, this research evaluates the implementation of such a law to advance labor law in Indonesia in protecting digital platforms workers. This research used normative legal analysis, employing a statutory, conceptual, and comparative approach with Germany and the United Kingdom. The results indicate that the dynamics of new employment status or partnership working relationships and workers’ flexibility in the gig economy phenomenon are not only found in Indonesia. Several countries, for example, Germany and United Kingdom, have found strategies to tackle this phenomenon. The government can address the above employment problems in two approaches: via court decisions and amending or revising relevant legislation. Classifying the status of employment relationships in this new phenomenon is crucial for implementation in Indonesia. In the future, such classification can be used as a reference in developing Indonesian Labor Law. The government should consider the necessary substantive protections for workers, from flexible working arrangements to creating new standards more responsive to the structure of growing organizations and the emergence of algorithmic management.

This research reviews the phenomenon of child marriage during the pandemic, from a legal, social and health perspective. Based on data from UNICEF, Indonesia ranks eighth in the world with the number of child marriages reaching 1.4 million children. Data on child marriage from the 2018 National Socio-Economic Survey recorded that the number of child marriages in Indonesia was quite high, reaching 1,220,900 incidents. This means that about 1 in 9 women aged 20-24 get married before the age of 18. This research was conducted in Jember Regency by taking 17 representations in 9 sub-districts. This study uses a qualitative method with an observation and interview approach. From the results of the study, it was found that a small proportion of informants were legally married at Religious Affair Office because they had not met the minimum age for marriage, which was 19 years. Some informants applied for a marriage dispensation at the Religious Courts, and some falsified the date of birth by increasing the age so that it meets the minimum age for marriage. Before getting married, a small number of informants got engaged first and most of them did not go through the engagement process. Informants who are engaged are usually engaged for a relatively long time, between 10 months to a year and then get married. Child marriage is against fundamental rights and freedom of children. The recommendation from this study is the need for more intense socialization about the rules of marriage age and the dangers of early marriage, especially related to their health.


 The abstract presents a critical analysis of the role played by court decisions in the prevention of deforestation. Over the past few decades, Indonesia has witnessed extensive deforestation, primarily due to the expansion of oil palm and agriculture. This has had a significant impact on Bali's tourism industry, which heavily relies on this sector for development. The Tahura Mangrove Forest Project serves as an example of a tourism venture that has resulted in damage to the forested area. Despite the prohibition of commercial projects on protected land, the government issued a utilization permit for the construction of guest houses. Rather than effectively curbing deforestation, this study demonstrates how controversial court decisions have actually encouraged it. The courts' assertion that public interest groups lacked standing to challenge violations of forestry laws, which could potentially cause environmental harm, was based on the argument that the damage was only a possibility during the planning stage and could not be accurately quantified. This paper identifies three factors contributing to the judges' adoption of a narrow standing test: their limited judicial competence, reliance on the Supreme Court's existence, and corruption.