https://gemaperencana.id/index.php/JIGP/issue/feed JURNAL ILMIAH GEMA PERENCANA 2026-01-31T21:44:01+07:00 Dr. Drs. H. Agus Sunaryo, M.Si gemaperencana@gmail.com Open Journal Systems <div style="border: 2px #2D3598 solid; padding: 10px; background-color: #eaeeee; text-align: left;"> <ol> <li>Journal Name : JURNAL ILMIAH GEMA PERENCANA</li> <li>Initials : JIGP</li> <li>Frequency : 3 times in 1 year (April, August, December)</li> <li>Editor in Chief : Dr. Drs. H. Agus Sunaryo, M.Si</li> <li>Print ISSN : <a href="https://issn.perpusnas.go.id/terbit/detail/20240222420996402" target="_blank" rel="noopener">3047 - 0153</a></li> <li>Online ISSN : <a href="https://issn.perpusnas.go.id/terbit/detail/20220715570675816" target="_blank" rel="noopener">2962 - 1860</a></li> <li>DOI : <a href="https://search.crossref.org/search/works?q=jurnal+ilmiah+gema+perencana&amp;from_ui=yes" target="_blank" rel="noopener">10.61860</a></li> <li>Akreditasi ARJUNA : <a href="https://sinta.kemdiktisaintek.go.id/journals/profile/13890" target="_blank" rel="noopener">SINTA 2 (S2) 13890</a></li> <li>Indexed by : <a href="https://doaj.org/toc/2962-1860" target="_blank" rel="noopener">DOAJ</a></li> <li>Publisher : POKJANAS Collaborate BIRO PERENCANAAN KEMENTERIAN AGAMA RI</li> </ol> </div> <p>Praise and gratitude to the presence of God Almighty, Allah SWT. Alhamdulillah for His grace and guidance, this JURNAL ILMIAH GEMA PERENCANA can be published and presented to readers in the online form, which can be accessed openly (Open Journal System) with a Public Knowledge Project (PKP) license, with a publication frequency of 3 (three) times in 1 (one) year, namely: April, August, and December.</p> <p>The presence of the JURNAL ILMIAH GEMA PERENCANA as a means of publication of "Policy Papers" and "Research Papers" from planners, researchers, lecturers, and academics related to the fields of Social, Education, Economics, Management, Law, Islamic Studies, and Spatial Planning in the scope of Religion and Religious Affairs.</p> https://gemaperencana.id/index.php/JIGP/article/view/323 Realizing the Integration of Community Health Center Management Information Systems in Bima City: Interoperability Policy and Human Resource Competence to Address the Double Workload of Officers 2026-01-06T18:17:28+07:00 Wildanul Hakim wildanulh@gmail.com <p><em>This policy paper provides a policy overview that examines the crucial issue of the high administrative workload of Community Health Center staff in Bima City caused by the practice of double data input (manual and digital), which directly reduces the effectiveness of clinical service time for patients. This problem is analyzed as rooted in three main dimensions: limited information system interoperability, the use of heterogeneous legacy technology, and low Human Resources competency due to irrelevant training. The methodology used in writing this policy is Qualitative Policy Analysis through the Structural Problem Analysis approach and Comprehensive Literature Review. This analysis involves mapping the problem using a causality framework, evaluating policy alternatives based on William N. Dunn's criteria, and tracing regulatory support from the Health Law to the Minister of Health Regulation on Electronic Medical Records. The results conclude that the failure of integration is not merely a technical problem, but rather a failure of governance that triggers Human Resources inefficiency and a decline in data quality. The main policy recommendation is the simultaneous issuance of two Mayoral Regulations: 1) the Mayoral Regulation on Interoperability Standards and One Health Data that enforces system standardization to address the root of the technological problem, and 2) the Mayoral Regulation on Digital Competency Certification and Electronic-Based Service Performance Indicators that ties officer Performance Allowances to digital input compliance.</em></p> 2026-01-20T00:00:00+07:00 Copyright (c) 2026 Wildanul Hakim https://gemaperencana.id/index.php/JIGP/article/view/342 Reconceptualizing Victim Status on Victim Impact Statement in Indonesia 2026-01-19T13:26:19+07:00 Muhamad Rizki muhamad.rizki.mkn21@gmail.com Widya Wahyu Utami muhamad.rizki.mkn21@gmail.com Muhammad Soffa Marwa muhamad.rizki.mkn21@gmail.com Muhammad Abdurohman Sholih muhamad.rizki.mkn21@gmail.com Faisal Santiago muhamad.rizki.mkn21@gmail.com <p>The Indonesian criminal justice system remains predominantly offender-centric, systematically marginalizing victims by reducing them to mere witnesses and neglecting their profound physical, emotional, and social harm. This structural imbalance contradicts constitutional guarantees of fair legal certainty and perpetuates secondary victimization. Grounded in normative legal research employing conceptual and statutory approaches, this study analyzes the 1945 Constitution, the Criminal Procedure Code (KUHP), and recent reforms like Law No. 12 of 2022 on Sexual Violence. It synthesizes victimological theory and comparative jurisprudence to argue for the adoption of the Victim Impact Statement (VIS) as a transformative mechanism. The findings reveal that VIS can bridge the gap between victims' subjective experiences and legal recognition, functioning as both a therapeutic tool for victim healing and an informational aid for proportionate sentencing within a restorative justice framework. However, successful implementation requires navigating challenges of judicial bias, equitable access, and defendant rights protection. The study concludes that reconceptualizing victim status from passive object to active participant is imperative. It recommends formal integration of VIS into the KUHP, supported by comprehensive judicial guidelines, institutional capacity building for the Witness and Victim Protection Agency (LPSK), and public awareness campaigns to foster a victim-centered paradigm that aligns with restorative justice principles and enhances systemic legitimacy.</p> 2026-01-21T00:00:00+07:00 Copyright (c) 2026 Muhamad Rizki, Widya Wahyu Utami, Muhammad Soffa Marwa, Muhammad Abdurohman Sholih, Faisal Santiago https://gemaperencana.id/index.php/JIGP/article/view/346 The Economic and Legal Imperatives of Marriage Age Regulation: A Posnerian Analysis of National Productivity and Welfare 2026-01-19T13:30:13+07:00 Muhidin muhydyn@gmail.com Tuti Trihastuti S. muhydyn@gmail.com Indra Lutrianto A. muhydyn@gmail.com Bambang Sujatmiko muhydyn@gmail.com Faisal Santiago muhydyn@gmail.com <p>The enforcement of Law No. 16 of 2019 Amending the Marriage Law (No. 1 of 1974), which revised Indonesia's minimum marriage age, requires robust complementary policies to unlock its full socio-economic potential. This study analyzes the regulation from a Posnerian law and economics perspective, which posits that legal rules should be evaluated based on their capacity to maximize social benefits and minimize social costs. The research employs qualitative method with a normative legal approach, examining statutory provisions, legal doctrines, and international literature. Our findings indicate that raising the marriage age is a critical intervention for optimizing human capital by extending educational attainment and skill acquisition, particularly for women. This delay directly correlates with increased labor productivity, higher lifetime earnings, and enhanced family welfare, thereby reducing the long-term economic burdens of structural poverty and public health costs associated with early marriage. However, the policy's effectiveness is constrained by persistent cultural resistance and social norms in various Indonesian communities. The analysis reveals that without effective enforcement and socio-legal adaptation strategies, the intended economic benefits remain unrealized. The conclusion is that for the marriage age law to serve as a productive instrument for national development, it must be integrated with widespread public education, targeted economic empowerment programs, and consistent legal enforcement to internalize the negative externalities of child marriage and foster sustainable national welfare.</p> 2026-01-21T00:00:00+07:00 Copyright (c) 2026 Muhidin, Tuti Trihastuti S., Indra Lutrianto A., Bambang Sujatmiko, Faisal Santiago https://gemaperencana.id/index.php/JIGP/article/view/343 Interpretation of Jimenez's Theory in Contract Law Practice in Indonesia 2026-01-19T12:46:35+07:00 Sujoko Bagus reza.ryndr@gmail.com Reza Ryandra reza.ryndr@gmail.com Andri Darmawan reza.ryndr@gmail.com Neilpon Yulinar Marquez reza.ryndr@gmail.com Faisal Santiago reza.ryndr@gmail.com <p>Contract law practice in Indonesia tends to resolve disputes through economic compensation, overlooking the moral and social dimensions inherent in contractual relationships. This gap exists between the current formalistic civil law approach and the need for substantive justice, raising questions about the adequacy of the existing legal framework to fully remedy damages. This research examines the urgency of applying a more holistic contract remedy theory. This study employs qualitative method with a normative legal method with conceptual and comparative approaches. The analysis focuses on primary legal materials, such as the Indonesian Civil Code and court decisions, and secondary materials, including journals and books, with a focus on Felipe Jiménez’s pluralistic theory to evaluate its relevance in the Indonesian legal context. The findings indicate a significant discrepancy between theory and practice, with the judiciary prioritizing financial compensation. Jiménez's theory, which balances economic, moral, and social values, offers a more comprehensive framework, with the principle of good faith in the Civil Code as its juridical basis. It is concluded that applying this theory can enrich contract law practice by integrating restorative justice. It is recommended that legal academics and practitioners delve deeper into the literature on contract remedy theory, and that legal education be reformed alongside a review of relevant Civil Code provisions.</p> 2026-01-21T00:00:00+07:00 Copyright (c) 2026 Sujoko Bagus, Reza Ryandra, Andri Darmawan, Neilpon Yulinar Marquez, Faisal Santiago https://gemaperencana.id/index.php/JIGP/article/view/296 The Pandemic in Aceh History: Tracing the Acehnese Muslim Handlings of the Infected Patients 2026-01-12T11:27:07+07:00 Inayatillah inayatillah@staindirundeng.ac.id Mellyan mellyan@staindirundeng.ac.id Saiful Akmal saiful.akmal@ar-raniry.ac.id Muhammad Furqan inayatillah.ar@ar-raniry.ac.id <p>Multiple occurrences of the pandemic have happened throughout human history. In Aceh, the westernmost province of Indonesia, the plague is known as&nbsp;<em>Taeun</em>, from the term&nbsp;<em>Taeun Ijabroek,</em>&nbsp;or the plague that attacks the lowly in dirty, bad clothes. It becomes&nbsp;<em>Taeun Wabasampoh</em>, the plague that attacks anyone, including the king and&nbsp;<em>ulee balang (the local administrators)</em>. In November of 1873, a cholera outbreak reached Aceh, brought by the Dutch army. In December of the same year, the death toll reached 150, and 500 others were treated. In 1876, the death toll reached 1,400 as a result of&nbsp;<em>Taeun</em>. In 1947 and 1960s, another smallpox outbreak struck Aceh. This present study uses a qualitative method by using library inquiry with a descriptive analysis approach. Formulating the problem, how could the government's policy help deal with&nbsp;<em>Taeun's</em>&nbsp;outbreak in Aceh? Research indicates that the government's policy on the treatment of pandemics is divided into preventive and curative measures, whether through the medical or non-medical fields. Medical curative is performed by giving standard medicines to patients, while traditional curative is conventionally conducted by giving traditional medicines like herbs. Preventive measures are taken to keep ourselves and the environment clean. Judging from the traditional Acehnese home that offers water pots on the front side of the house next to the main door, providing isolation for the sick, the <em>tulak bala</em> (disaster prevention supplication) ceremony is performed by praying together. Additionally, advertising and vaccinations are used in contemporary preventive measures.</p> 2026-01-21T00:00:00+07:00 Copyright (c) 2026 Inayatillah, Mellyan, Saiful Akmal, Muhammad Furqan https://gemaperencana.id/index.php/JIGP/article/view/344 Toward a Holistic Paradigm: Integrating Agency and Communion in Indonesia's Victim Justice System 2026-01-19T12:51:32+07:00 Eva Nurlaelisa Christianty christiantyeva@gmail.com Izhar Zahri Nasution christiantyeva@gmail.com Robertus Hadi Susanto christiantyeva@gmail.com Agung Fernando christiantyeva@gmail.com Faisal Santiago christiantyeva@gmail.com <p>This article proposes a new conceptual paradigm for understanding justice for crime victims by emphasizing two fundamental dimensions of human existence: agency and communion. The background of the problem indicates that despite normative progress, traditional justice approaches—retributive, restorative, and procedural—have yet to fully address the victim's need to simultaneously restore these two existential dimensions, creating a gap between the ideal of holistic justice and the fragmented reality of practice. This study aims to address the specific problem of formulating a justice framework that integrates the restoration of the victim's agency (sense of control and autonomy) and communion (social connectedness). The methodology employed is qualitative with a theoretical-conceptual research design, utilizing an in-depth literature review of social psychology theories, victimology, and legal philosophy. Data analysis techniques include content analysis and conceptual synthesis to construct an integrative model. The study results in a "Rehabilitative Justice" framework that integrates elements of traditional paradigms to simultaneously restore victims' agency and communion. The discussion reveals that this approach provides a theoretical foundation for reforming the Indonesian criminal justice system to be more humanistic and victim-centered. In conclusion, justice for victims must be understood as an existential rehabilitation process that restores dignity and social bonds. Recommendations include a philosophical reorientation of criminal law, a procedural reconstruction towards meaningful participation, and an institutional transformation of victim protection agencies towards comprehensive psychosocial and existential support.</p> 2026-01-21T00:00:00+07:00 Copyright (c) 2026 Eva Nurlaelisa Christianty, Izhar Zahri Nasution, Robertus Hadi Susanto, Agung Fernando, Faisal Santiago https://gemaperencana.id/index.php/JIGP/article/view/347 Legal Efficiency and Population Control: Analysis of Indonesia's Family Planning Programme Based on Richard A. Posner's Theory 2026-01-19T15:21:09+07:00 Didy Hermawan didyhermawan72@gmail.com Fajar Ronal Harry Pasaribu didyhermawan72@gmail.com Muhammad Gustryan didyhermawan72@gmail.com Muhammad Fathony didyhermawan72@gmail.com Faisal Santiago didyhermawan72@gmail.com <p>This paper analyses the Family Planning Programme (KB) in Indonesia through the perspective of Economic Analysis of Law (EAH) developed by Richard A. Posner, with a focus on legal efficiency in internalising demographic externalities and maximising social wealth. This study uses a legal-economic approach, combining normative legal research methods with economic analysis of public policy, particularly Law No. 52 of 2009 on Population Development and Family Development, Government Regulation No. 87 of 2014 concerning Population Development and Family Development, Family Planning and Family Information Systems, and Presidential Regulation No. 72 of 2021 on Accelerating Stunting Reduction. The results show that family planning policies are legal interventions that meet the Kaldor–Hicks efficiency criteria, as their social benefits, such as a decrease in the total fertility rate (TFR), increased female economic participation, and the creation of a demographic bonus, aggregate to exceed their implementation costs. However, inefficiencies still occur due to increased transaction costs and unmet needs, which reflect market failures and bureaucratic constraints. The analysis shows that the 2025 fiscal efficiency policy, which cuts the budget for contraceptive procurement, has the potential to cause greater social deadweight loss in the future. Therefore, it is recommended that family planning policies be directed towards long-term efficiency through budget protection based on incremental cost-effectiveness ratio (ICER), reduction of transaction costs, and strengthening of access rights to family planning services.</p> 2026-01-23T00:00:00+07:00 Copyright (c) 2026 Didy Hermawan, Fajar Ronal Harry Pasaribu, Muhammad Gustryan, Muhammad Fathony, Muhammad Fathony, Faisal Santiago https://gemaperencana.id/index.php/JIGP/article/view/182 Inclusive Mosque Development in Banda Aceh City: Increasing Accessibility for People with Disabilities 2026-01-23T13:23:03+07:00 Syarifah Hanifa Soraya syarifahhanifa@gmail.com <p><em>This policy paper describes that Mosques as centers of religious and social activities must be inclusive and accessible for all, including people with disabilities. Accessibility in worship includes ease and comfort in using public facilities in places of worship, in this case mosques are very much needed by every individual who uses these facilities. However, many mosques in Indonesia, especially in Banda Aceh, do not meet adequate accessibility standards. So people with disabilities very rarely get the opportunity to worship comfortably and easily in places of worship, especially mosques, which causes people with this special condition to feel less confident to actualize themselves in carrying out their obligations like Muslims in general. This special condition is actually not only experienced by people who have special needs from birth, but also people who experience certain diseases or people who are elderly. This Policy Paper aims to identify obstacles and opportunities for the development of inclusive mosques, especially in the city of Banda Aceh. Using literature analysis and case studies, we recommend policies and strategies to improve mosque accessibility for people with disabilities. These recommendations include: (1) Develop adequate policies and regulations to regulate the accessibility of mosques for people with disabilities, (2) Development of inclusive and accessible mosque infrastructure for people with disabilities, and (3) Conduct training for mosque managers and administrators on the needs of people with disabilities.</em></p> 2026-01-27T00:00:00+07:00 Copyright (c) 2026 Syarifah Hanifa Soraya https://gemaperencana.id/index.php/JIGP/article/view/341 Strengthening Finances Pondok Pesantren: Identifying Factors Affecting Economic Empowerment in Dayah Mini Aceh 2026-01-19T13:23:46+07:00 Muhammad Zulhilmi em.zulhilmi@ar-raniry.ac.id Winny Dian Safitri em.zulhilmi@ar-raniry.ac.id Susi Afriani em.zulhilmi@ar-raniry.ac.id Rachmi Meutia em.zulhilmi@ar-raniry.ac.id <p>Dayah Mini Aceh has excellent potential in boosting the economy. This can be seen in the businesses that have been developed in Dayah Mini, including fish and shrimp ponds, goats, chickens, ducks and water depots managed directly by the students. The purpose of this study is to find out and analyze how much the understanding of entrepreneurship affects the economic empowerment of Pondok Pesantren. This study is quantitative research using the Structural Equation Modeling (SEM) method with a Partial Least Square (PLS) approach with a population of 30 Dayah Mini Aceh students aged 16-19 years. The data used in this study is primary data by distributing questionnaires directly. The results of this study show that entrepreneurial knowledge does not have a significant effect on the empowerment of Pondok Pesantren. This can be influenced by the age factor of the students who are still very young in making a decision; entrepreneurial ability does not have a significant effect on the economic empowerment of pesantren because the role of students as business managers is not administrative or business sustainability; entrepreneurial skills have a significant effect on the economic empowerment of pesantren-based communities; Creative and innovative in entrepreneurship has a significant effect on the economic empowerment of Pondok Pesantren. Economic empowerment in Dayah Mini must be carried out actively by improving the skills, innovation and creativity of students in developing the spirit of entrepreneurship in order to encourage the financial strengthening of Dayah Mini Aceh.</p> 2026-01-28T00:00:00+07:00 Copyright (c) 2026 Muhammad Zulhilmi, Winny Dian Safitri, Susi Afriani, Rachmi Meutia https://gemaperencana.id/index.php/JIGP/article/view/345 Integrating Preventive (Ex-ante) and Deterrent (Ex-post) Mechanisms in Labor Law Compliance and Enforcement: A Comprehensive Approach for Indonesia 2026-01-19T12:58:23+07:00 Dicky Yulius Pangkey dicky17yuliuspangkey@gmail.com Aga Kurniawan dicky17yuliuspangkey@gmail.com Togi M. Mangunsong dicky17yuliuspangkey@gmail.com Joemarthine Chandra dicky17yuliuspangkey@gmail.com Faisal Santiago dicky17yuliuspangkey@gmail.com <p>Employment law enforcement in Indonesia is caught in a dilemma between legal certainty and social justice. This article identifies compliance challenges, analyzes the relevance of preventive (ex-ante) and remedial (ex-post) mechanisms, and formulates an integrative model based on responsive regulation. The study uses qualitative method with a normative juridical approach with a comparative analysis of practices in Australia, the United Kingdom, and South Korea, and a review of Indonesian labor inspection data from 2023. The results indicate that law enforcement remains ineffective due to limited supervisory capacity, low legal awareness, and unequal industrial relations. Ex-ante mechanisms (such as education and compliance certification) can prevent violations, while ex-post mechanisms (such as progressive sanctions) ensure accountability. Integrating the two within a responsive regulatory framework balances voluntary compliance with credible deterrence. The study recommends five strategic steps: (1) reforming and digitizing the inspection system; (2) establishing a National Labor Compliance Commission; (3) revising Government Regulation No. 35/2021 to include ex-ante instruments; (4) strengthening the capacity of trade unions and employer organizations; and (5) improving the Industrial Relations Court with class action and fast-track mechanisms. This integration provides a normative foundation for a more responsive, fair, and adaptive labor law system in Indonesia.</p> 2026-01-31T00:00:00+07:00 Copyright (c) 2026 Dicky Yulius Pangkey, Aga Kurniawan, Togi M. Mangunsong, Joemarthine Chandra, Faisal Santiago https://gemaperencana.id/index.php/JIGP/article/view/348 Posner, Rawls, and Sen’s Perspectives on the Program of Koperasi Merah Putih and Halal Tourism Areas 2026-01-19T15:24:46+07:00 Andra Bani Sagalane andrabani88@gmail.com Sirot andrabani88@gmail.com Muhammad Hasyim andrabani88@gmail.com Ade Netra andrabani88@gmail.com Faisal Santiago andrabani88@gmail.com <p>Community-based economic development programs, such as the Merah Putih Cooperative and Halal Tourism Zone in Jakarta, often rely on technical-instrumental approaches that lack a robust philosophical foundation, thereby imperiling their sustainability and equity. A significant gap persists between the constitutional ideal of cooperatives as the cornerstone of the Pancasila economy and the suboptimal reality of their implementation in delivering inclusive member welfare. This study aims to critically analyze these programs through the theoretical lenses of Richard A. Posner (economic efficiency), John Rawls (procedural justice), and Amartya Sen (capability empowerment) to construct a holistic and multidimensional evaluation framework. The research employs a qualitative method with a conceptual-philosophical study design. Data were collected through an in-depth literature review of the primary and secondary works of the three philosophers, alongside relevant policy documents. Data analysis was conducted using an interpretive-critical approach to synthesize these divergent perspectives. The findings reveal that integrating the three philosophies produces a tripartite evaluation framework composed of: operational efficiency (Posner), distributive and procedural justice (Rawls), and the expansion of members’ substantive freedoms (Sen). This synthesis demonstrates that a program’s success is not measured solely by the growth of cooperative assets, but more profoundly by the equitable distribution of benefits and the enhancement of members’ capabilities to live lives they have reason to value. In conclusion, community-based economic development necessitates a dynamic equilibrium between the instrument of efficiency, the morality of justice, and the ultimate goal of human empowerment.</p> 2026-01-31T00:00:00+07:00 Copyright (c) 2026 Andra Bani Sagalane, Sirot, Muhammad Hasyim, Ade Netra, Faisal Santiago https://gemaperencana.id/index.php/JIGP/article/view/349 Postner's Economic Efficiency and the Critique of Social Justice 2026-01-19T12:40:53+07:00 Amrizal Siagian dosen00711@unpam.ac.id Achmad Muchtarom dosen02171@unpam.ac.id Ario Karyono dosen00711@unpam.ac.id Biem Triani Benjamin dosen00711@unpam.ac.id Faisal Santiago dosen00711@unpam.ac.id <p>The dominance of the law and economics approach, championed by Richard A. Posner, promotes wealth maximization and economic efficiency as the paramount objectives of law. This creates a fundamental gap with distributive justice theories, which posit that the law's primary ethical duty is to ensure equity and moral fairness. The central problem is the apparent tension between a legal system designed for optimal resource allocation and one obligated to deliver social justice, raising critical questions about law's normative foundations. This dialectic is especially significant for pluralistic jurisdictions like Indonesia, where legal ideals must reconcile with socio-cultural values. This study employs qualitative method with a normative-philosophical research design, conducting a critical analysis of primary texts from Posner, Rawls, Sen, and Dworkin. The analytical method involves philosophical argumentation and comparative legal theory to deconstruct the premises and implications of both paradigms. The analysis reveals that while economic efficiency offers a valuable practical framework for predicting behavioral incentives and evaluating legal outcomes, it operates within an amoral calculus that fails to address fundamental questions of rights, dignity, and equitable distribution. As a result, efficiency cannot support social justice as the ethical cornerstone of law. For Indonesia, this necessitates a constitutional synthesis where efficiency-based instruments are consciously subordinated to and harmonized with the principles of Pancasila and the 1945 Constitution, which enshrine social justice. Therefore, it is recommended that Indonesian legal scholarship and policymaking explicitly adopt an integrated framework where efficiency serves as a tool within, not the goal of, a justice-oriented legal system.</p> 2026-01-31T00:00:00+07:00 Copyright (c) 2026 Amrizal Siagian, Achmad Muchtarom, Ario Karyono, Biem Triani Benjamin, Faisal Santiago https://gemaperencana.id/index.php/JIGP/article/view/339 Legal Analysis of the Establishment of Islamic Banks from the Interest-Bearing Business Results of Conventional Banks 2026-01-31T21:44:01+07:00 Widya Wahyu Utami widyawahyuutami19@gmail.com Muhamad Rizki widyawahyuutami19@gmail.com Faisal Santiago widyawahyuutami19@gmail.com <p><em>The development of Islamic banking in Indonesia through spin-off mechanisms from conventional banks raises juridical-philosophical issues related to the legality and legitimacy of initial capital sources derived from interest-bearing (</em>riba<em>) businesses. This study aims to comprehensively analyze the establishment of Islamic banks sourced from the interest-bearing profits of conventional banks from the perspective of Indonesian positive law and Islamic law. As comprehensive qualitative research, this study employs a normative juridical method with statutory and conceptual approaches. The results show that from a formal-juridical perspective, the establishment of Islamic banks through spin-offs is permitted by national banking regulations, specifically Law No. 21 of 2008, which places greater emphasis on fulfilling capital and institutional aspects. However, substantively, Islamic law requires a process of separation and purification of assets (tathhir al-mal) to cleanse capital from elements of </em>riba<em>. Without this mechanism, the Islamic legitimacy of the bank becomes fragile, even if its formal legality is met. This study confirms that substantive sharia compliance, which includes the purity of capital sources, is a fundamental prerequisite for maintaining the integrity and public trust in the sharia banking industry in Indonesia.</em></p> 2026-02-01T00:00:00+07:00 Copyright (c) 2026 Widya Wahyu Utami, Muhamad Rizki, Faisal Santiago