Tag: legal protection

  • The Rise of the Academic Precariat in Indonesia: A Tripartite Analysis of Wage Injustice through Islamic Corporate Finance, Legal Gaps, and Sharia Ethics

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    This study aims to analyse the structural factors underlying the economic vulnerability and wage inequality experienced by lecturers at private higher education institutions (PHEIs) in Indonesia, examining the relationship between financial governance, legal protection and ethical responsibility. It employs normative legal research using statutory, conceptual and philosophical approaches. Primary, secondary and tertiary legal materials were collected through a literature review and analysed qualitatively using descriptive-analytical and prescriptive methods. The findings indicate that the academic precariat is caused not merely by low wages, but also by limited transparency in remuneration policies, insecure employment relationships and the gap between legal norms and their implementation. From the perspective of Sharia ethics, the principles of al-‘adl (justice), kafalah (guarantee and responsibility) and maqasid al-shari’ah (the objectives of Islamic law) provide a normative foundation for evaluating remuneration fairness, institutional accountability and lecturers’ welfare. The novelty of this study lies in developing an integrated analytical framework that connects Islamic Corporate Finance, positive law and Sharia ethics to understand the academic precariat as a structural issue rather than merely a matter of individual income. The study concludes that addressing lecturers’ economic vulnerability requires stronger remuneration standards, better protection of employment relationships and greater institutional financial accountability, ensuring that the financial sustainability of PHEIs is aligned with the fulfilment of lecturers’ economic rights and respect for their professional dignity.

  • Customary Protection in the Event of Breach of Maintenance in Solok City as Community Based Enforcement To Paching the Justice Gap

    » AL-IMAM: Journal on Islamic Studies, Civilization and Learning Societies

    This study aims to analyze legal protection for ex-wives due to default on post-divorce maintenance in Solok City using a local wisdom approach. The main issue raised is the weak execution of court decisions regarding iddah, mut’ah, and madliyah maintenance, and how Minangkabau customary mechanisms can address this gap. The research method used was qualitative field research. Data were collected through observation, review of decision documents, and in-depth interviews with ex-wives, Religious Court judges, and traditional leaders such as Ninik Mamak and Bundo Kanduang. The results indicate that the implementation of post-divorce maintenance in Solok City is not optimal. Many ex-wives do not file maintenance claims in order to expedite the divorce process, while existing decisions are often not executed by ex-husbands. Formal legal protection is available through instruments such as withholding of divorce certificates, but local wisdom-based protection through mediation by Ninik Mamak and the role of Bundo Kanduang has not been fully utilized. Key inhibiting factors include the ex-husband’s low economic status, lack of legal awareness, and limited asset evidence during court proceedings. Conversely, the strength of formal legal structures and the customary values of “Adat Basandi Syarak, Syarak Basandi Kitabullah” are key supporting factors in strengthening women’s rights after divorce in Solok City.