JOURNAL INFORMATION Journal title Journal of Sharia and Legal Science Initials JSLS ISSN Online 2987-601X ISSN Print 2988-7119 Frequency 3 issues per year (April, August, December) DOI 10.61994/jsls Publisher Collaboration between CV. Doki Course and Training (Publisher Legality) with Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia (Document MoU), and Universitas Islam Ogan Komering Ilir (Document MoU) Subject Areas Sharia and Law Citation Analysis Google Scholar | Dimensions | Garuda | Crossref Journal of Sharia and Legal Science is a scientific journal published by CV. Doki Course and Training. The papers to be published in JSLS are research articles in the field of sharia and law. The scope of these publications may include: Islamic criminal law, criminal law, Islamic family law, family law, Islamic economic law, business law, civil law, Islamic constitutional law, constitutional law, international law, environmental law, agrarian law, law state administration, customary law, human rights. It is published three times a year, in April, August and December. There are two version of publication; print out (p) with ISSN: 2988-7119 and electronic (e) with ISSN Online: 2987-601X.
Implementasi Program Tribina dalam Meningkatkan Ketahanan Keluarga Perspektif Maslahah Mursalah
The progress of modern times has led to increasing complexity in family issues, both from internal and external factors. Family resilience is a crucial instrument to counteract various negative impacts that may weaken family functions. This study aims to analyze the role of the Tribina program in strengthening family resilience in the Kampung Keluarga Berkualitas (KB) Mawar, Kelurahan 1 Ilir, Palembang. The research method employed is qualitative with a field research approach. Primary data were obtained through interviews, while secondary data were collected from literature, journals, and relevant documents. The data were analyzed descriptively and qualitatively using a deductive approach. The findings reveal that family resilience is measured through eight indicators as stipulated in Article 7 paragraph (2) of Government Regulation No. 87 of 2014, covering religious, socio-cultural, affection, protection, reproductive, socialization and education, economic, and environmental development functions. The Tribina program has been proven to significantly contribute to strengthening these eight family functions and is aligned with the concept of al-Mashalih al-Khams (religion, life, intellect, lineage, and wealth). Thus, the Tribina program serves as a key strategy to enhance family resilience while reinforcing sustainable family development.
Copyright (c) 2025 Nyayu Rahmah Nurjannah, Zuraidah Zuraidah https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Terhadap Anak Sebagai Korban Dating Violence Ditinjau dalam Perspektif Hukum Pidana dan HAM
The phenomenon of dating violence has not received much attention from the public. This study aims to analyze the forms of dating violence that are categorized as human rights violations and to examine the criminal liability of perpetrators as well as protection for child victims. The research method used is normative juridical with descriptive analytical specifications using a qualitative analysis approach with legal interpretation. This research provides new insights by specifically examining dating violence and its relationship to human rights, as well as legal accountability and protection. The results of the study show that forms of dating violence against children are categorized as human rights violations. Although there are currently no specific regulations regarding dating violence, accountability and protection can be carried out through existing legal frameworks such as the Criminal Code, the Child Protection Law, and the TPKS Law. This study recommends the existence of specific regulations related to dating violence to strengthen the protection of children, not to legalize dating among children, but as a response to the existing practice of dating that has been prevalent in society.
Copyright (c) 2025 Fara Syahrani, Hania Arvalia https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum Pidana Terhadap Penyalur Pekerja Migran Secara Ilegal Dalam Prespektif Hukum Pidana Islam
In Indonesia, limited employment opportunities drive many citizens to become Indonesian Migrant Workers (PMI), including through illegal channels. Illegal placement of PMI has the potential to violate human rights, is related to the crime of human trafficking, and is difficult to monitor because it is not officially registered. This study highlights the imposition of criminal sanctions on illegal PMI distributors and a review of Islamic criminal law against these perpetrators. The type of research used is empirical juridical with a qualitative approach. The results show that illegal PMI distributors can be subject to criminal sanctions under Law No. 18 of 2017 concerning the Protection of Indonesian Migrant Workers and Law No. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking (TPPO), in the form of imprisonment of up to 10 years, a fine, or revocation of business licenses. From the perspective of Islamic criminal law, perpetrators can be subject to ta'zir punishment because their actions contain elements of gharar (unclear) and dzulm (injustice), which harm the victim economically, physically, and psychologically. Ta'zir penalties are flexible and can range from imprisonment, fines, revocation of business rights, to social sanctions, with an emphasis on moral rehabilitation through repentance and compensation for victims. These findings confirm that both national and Islamic law require firm action against illegal migrant worker distributors to protect migrant workers' rights, prevent exploitation, and deter perpetrators.
Copyright (c) 2025 Antoni Antoni, Gingin Anjar Pramuda https://creativecommons.org/licenses/by-nc/4.0
Analisis Penerapan Akad Ijarah pada Rumah Susun dalam Perspektif Hukum Ekonomi Syariah
The suitability of a building is determined not only by its physical condition, but also by the environment in which it stands. One example is the 26 Ilir Flats, which was initially touted as a modern area in Palembang City. However, the current condition is actually the opposite, where the flats have turned into a slum and are considered uninhabitable. However, these flats are still rented out. This study aims to determine the implementation of the ijarah contract in the 26 Ilir Flats in Palembang City and analyze it from the perspective of Islamic economic law in the context of uninhabitable houses. The research method used is qualitative with an empirical juridical approach. Data were collected through interviews, observations, and documentation with related parties, both apartment owners and tenants. The results of the study indicate deviations in the implementation of the ijarah contract, particularly in aspects of residential suitability that are not in accordance with Islamic principles, such as clarity of benefits and security of the leased object. In a review of Islamic economic law, the implementation of the ijarah contract in uninhabitable houses does not fully meet the requirements for a valid contract due to the lack of clear benefits and security guarantees for the tenant. Therefore, this study recommends the need for supervision and improvement by authorities to ensure that rental contracts are carried out in accordance with the principles of justice, welfare, and transparency as stipulated in Islamic economic law.
Copyright (c) 2025 Galih Buana Ibrahim, Fauziah Fauziah, Ramiah Lubis https://creativecommons.org/licenses/by-nc/4.0
Penyelesaian Tindak Pidana yang di Lakukan Anak Secara Diversi dalam Persfektif Hukum Pidana Islam
This study examines acts of violence in educational settings, including cases that occurred in Sungai Semut Village, Makarti Jaya District, Banyuasin Regency. The objective of the study was to determine the peace process through diversion in cases of violence perpetrated by children and to examine its resolution from the perspective of Islamic criminal law. The method used was empirical juridical with a qualitative approach through interviews and descriptive analysis. The results showed that diversion is an alternative legal resolution that emphasizes responsibility, behavioral improvement, and the involvement of families and victims without going through the courts. Diversion aligns with the principles of islah and shura in Islamic law, which emphasize peace, restoration of social relations, and opportunities for children to improve themselves. Thus, diversion reflects the values ​​of justice, compassion, and the common good as emphasized in Islamic teachings. The implications of this study indicate that diversion is not merely a legal mechanism, but also a means of child development and social recovery. Therefore, the implementation of diversion needs to be strengthened through support from the government, supporting institutions, and the community to achieve peaceful, just conflict resolution in accordance with national and Islamic legal values.
Copyright (c) 2025 Dewi Nirmala, Ema Fathimah https://creativecommons.org/licenses/by-nc/4.0
Tabattul di Era Digital: Analisis Hukum Islam atas Fenomena Hidup Membujang di Palembang
Marriage in Islam is considered a strong covenant (mitsaqan ghalizan). The intense exposure to social media has influenced individuals’ perspectives on marriage, values, and expectations. This trend has led many young people to delay or even decide not to marry at all. The phenomenon of remaining single (tabattul) is particularly evident in Bukit Baru Subdistrict, Ilir Barat 1, Palembang, where a number of young adults of marriageable age choose to remain unmarried. This study aims to identify the factors causing tabattul due to social media and to analyze them from the perspective of Islamic law. This field research employs a qualitative approach, using both primary and secondary data obtained through observation, interviews, and documentation, then analyzed descriptively. The findings show that the main factors behind tabattul influenced by social media are the desire to maintain personal freedom and focus on a career, in addition to the influence of cases of domestic violence, family conflicts, patriarchal partners, and partners who practice silent treatment. Moreover, some respondents choose tabattul based on religious motivation, such as devoting themselves to worship and seeking knowledge, following the example of earlier scholars. From the perspective of Islamic law, pursuing a career and personal freedom is not prohibited; however, refusing marriage solely due to fears shaped by social media is not justified. Marriage is still regarded as the primary path to preserving honor, avoiding harm, and attaining blessings through a family built upon sakinah, mawaddah, and rahmah
Copyright (c) 2025 M. Riko Ripaldo, Rafida Ramelan https://creativecommons.org/licenses/by-nc/4.0
Tanggung Jawab Afi Tour Travel Haji dan Umrah pada Penundaan Keberangkatan Jamaah dalam Persepktif Hukum Ekonomi Syariah
The implementation of the Hajj and Umrah pilgrimages, causing delays and cancellations which have given rise to legal and economic problems. The main point of this research is the form of responsibility of AFI Tour Travel towards delayed Hajj pilgrims and how sharia economic law reviews the responsibilities of AFI Tour Travel towards delayed Hajj pilgrims. The purpose of this research is to determine the form of responsibility of AFI Tour travel towards delayed Hajj pilgrims and to find out a review of sharia economic law regarding the responsibility of AFI Tour travel towards delayed Hajj pilgrims. There were 6 respondents to this research, namely 2 AFI Tour Travel travel administrators and 4 pilgrims who were delayed. The research method used is empirical juridical research, namely research that combines law with observational data analysis by means of field observation, direct interviews with respondents, and documentation. Data analysis in this research is qualitative analysis. The results of this research are that AFI Tour Travel's responsibility for Hajj pilgrims who are delayed due to Covid is included in force majeure or default. The responsibilities given are to negotiate with the congregation and reschedule departures to a time that allows as well as providing communication and transparency to the congregation. In reviewing sharia economic law regarding AFI Tour's responsibility towards pilgrims who are delayed due to Covid, it is correct and appropriate because through deliberation they made a new contract and fulfilled the contents of the contract.
Copyright (c) 2025 Viera Inesya Puteri, Hana Pertiwi https://creativecommons.org/licenses/by-nc/4.0
Promosi Judi Online melalui Media Sosial: Studi tentang Penegakan Hukum dan Hukum Pidana Islam
The development of technology and the internet brings convenience but also has negative impacts, one of which is the promotion of online gambling through Instagram. The phenomenon of influencers promoting online gambling through social media Instagram, which has negative effects on the social order, is becoming increasingly prevalent. Thus, to determine whether the penalties stipulated by the ITE Law are relevant to Islamic Criminal Law, it is necessary to conduct research on how the crime of promoting online gambling on Instagram according to Law Number 1 of 2024 on Information and Electronic Transactions, and how Islamic Criminal Law views the criminal sanctions for those promoting online gambling on Instagram. The approach method used in this research is the normative juridical method. This research is qualitative and includes library research data, largely drawn from published reference books. Among the primary legal materials are the Qur'an, Hadith, the ITE Law, and the Criminal Code. The research concludes that the act of promoting online gambling on the Instagram social media platform, according to Law Number 1 of 2024, can be seen from the actions taken in promoting online gambling, including distributing, transmitting, and/or electronic documents containing gambling content. The criminal sanctions against those promoting online gambling are imposed under Article 45, Paragraph 3 of Law Number 1 of 2024 on Information and Electronic Transactions, which stipulates a maximum prison sentence of 10 (ten) years and/or a fine of up to Rp.10,000,000,000.00 (ten billion rupiah). In Islamic Criminal Law, the crime of promoting online gambling has not been clearly regulated in the texts of the Quran or Hadith, so this crime is determined with ta’zir punishment.
Copyright (c) 2025 Nur Amelia, Yuswalina Yuswalina, Jon Heri https://creativecommons.org/licenses/by-nc/4.0
Analisis Kepailitan PT Asuransi Jiwasraya Persero dalam Perspektif Perlindungan Konsumen dan Kepastian Hukum Bagi Kreditor
The bankruptcy of insurance companies is a complex issue involving the interests of consumers as policyholders and creditors who demand legal certainty. This study aims to analyze bankruptcy issues within the Indonesian insurance industry through a case study of PT Asuransi Jiwasraya (Persero), with a focus on legal protection for consumers and the assurance of legal certainty for creditors. The research method employed is normative juridical, using a statutory and case study approach. The findings indicate that the resolution mechanism for Jiwasraya’s default did not follow the bankruptcy process as stipulated in Law Number 37 of 2004 concerning Bankruptcy and Suspension of Debt Payment Obligations (PKPU), but was instead resolved through state intervention and restructuring via a state-owned insurance holding company. This has created a legal dilemma regarding the suboptimal protection of consumer rights and the weakened position of creditors in the settlement process. On the other hand, the authority of the Financial Services Authority (Otoritas Jasa Keuangan/OJK) in supervising and intervening in troubled insurance companies becomes a crucial aspect that requires clearer regulatory provisions. Therefore, a reformulation of policies and a more comprehensive legal framework is needed to ensure a balanced protection of consumers and legal certainty for creditors in bankruptcy cases involving insurance companies.
Copyright (c) 2025 Hania Arvalia, Elisatris Gultom, Sudaryat Sudaryat https://creativecommons.org/licenses/by-nc/4.0
Penegakan Hukum bagi Pelaku Penipuan Tiket Konser Coldplay: Perspektif Hukum Pidana Islam
Concert ticket fraud cases often occur, especially for famous music concerts such as Coldplay concerts, which are a very famous music band in the world. As a result of the perpetrator's actions, many victims suffer losses, but the perpetrators only receive light sanctions. The purpose of this study is to analyze law enforcement against perpetrators of Coldplay concert ticket fraud from the perspective of Islamic criminal law. The type of research used is library research with secondary data sources. The primary legal material is the criminal code. The analysis was carried out descriptively qualitatively. The results of the study stated that law enforcement for perpetrators of Coldplay concert ticket fraud is based on Article 378 of the Criminal Code only, even though the act has also fulfilled the elements in Article 45 paragraph (2) Jo 28 Paragraph (1) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008, namely by utilizing technology as the object of his actions to spread news and mislead which makes someone interested so that it results in losses. While in Islamic criminal law, the crime of fraud is included in the category of Ta'zir crimes. In the decision of the panel of judges, it was implemented in accordance with the principle of ta'zir, only the sanctions given were still too light when compared to the consequences caused by the defendant.
Copyright (c) 2025 Muhammad Zaky, Dodi Irawan, Paisol Burlian https://creativecommons.org/licenses/by-nc/4.0
Fenomena Rujuk Setelah Talak Tiga: Kajian Hukum Keluarga Islam
This study aims to examine the phenomenon in the Ilir Barat II Palembang District Community who reconciled with their partners after triple divorce from the perspective of Islamic law. The reconciliation was carried out without heeding the rules contained in Islamic family law which requires the ex-wife to marry another man first without any engineering and to divorce purely, only then can the first ex-husband remarry his ex-wife. This study is an empirical legal study, using qualitative data and the data sources used are primary data and secondary data. The data obtained will be analyzed descriptively qualitatively, then will be concluded deductively. The results of the study found that the cause of the deviation in the relationship after triple divorce in the Ilir Barat II Palembang District was due to a lack of understanding of religious knowledge and a desire to immediately reconcile without following a complicated process. Based on the study of Islamic law, reconciliation is forbidden, even if they have sexual relations, it is said to be adultery. This is because they do not make a new contract, they also do not follow the provisions of the sharia which require the ex-wife to marry another man and divorce her new husband, only then can the first ex-husband remarry his ex-wife.
Copyright (c) 2025 Indah Hoirunnisah, Zuraidah https://creativecommons.org/licenses/by-nc/4.0
Mekanisme Pengurangan Masa Hukuman bagi Narapidana Korupsi di Lembaga Pemasyarakatan Kelas II A Bengkulu Dalam Fiqih Siyasah
With the issuance of the Regulation of the Minister of Law and Human Rights Number 07 of 2022 which fills the legal vacuum resulting from the judicial review of Government Regulation Number 99 of 2012 concerning the Second Amendment to Government Regulation Number 32 of 1999 concerning the Requirements and Procedures for the Implementation of the Rights of Correctional Inmates, it has become something that attracts attention. Because of course the mechanism for reducing the sentence thanks to the judicial review has changed. The main question of this study is whether information about the new sentence reduction mechanism has reached the prisoners. Meanwhile, it is generally known that the mechanism for reducing the sentence is not easy for prisoners to understand. Because in fact the reduction of the sentence is the right of all prisoners as regulated in the law. Thus, the purpose of this study is to determine how the mechanism for reducing the sentence in Class II A Bengkulu Prison works. This study is a qualitative study with an empirical legal approach. The results of the study show that the sentence reduction mechanism that applies according to the regulations is not effective in making prisoners get their rights, namely a reduction in sentence. In conclusion, the lack of understanding of prisoners regarding the mechanism for reducing the sentence creates a great potential that prisoners can fail to obtain their constitutional rights, namely a reduction in sentence.
Copyright (c) 2025 Maman Wira Atmaja, Supardi, Qobli Khairi https://creativecommons.org/licenses/by-nc/4.0
Kajian Fikih Siyasah Pada Mekanisme Pemilihan Presiden Secara Langsung
Direct presidential elections are part of Indonesia's democratic system that aims to legitimize leaders through popular participation. However, the practice of elections still faces various problems such as money politics, black campaigns, and vote manipulation that can disrupt the integrity of the democratic process. This study aims to analyze the mechanism of direct presidential elections from the perspective of fiqh siyasah. This study uses a qualitative approach with normative legal methods, through library research and a normative-juridical approach. The analysis was carried out on legal regulations such as the 1945 Constitution, the Election Law, and Islamic law and fiqh siyasah literature. The results of the study show that the election mechanism has been systematically regulated, starting from candidate registration, verification by the KPU, campaign, voting, to the announcement of the results. However, ethical and technical challenges still arise in its implementation. From the perspective of fiqh siyasah, the practice of direct elections in Indonesia needs to be reviewed to better reflect the values ​​of justice, honesty, and public welfare. Therefore, systemic improvements are needed such as strengthening supervision, political education based on Islamic ethics, and stricter law enforcement against violations. Thus, it is hoped that the presidential election will be cleaner, fairer, and in accordance with sharia principles.
Copyright (c) 2025 Nadya Lestari Putri, Rohmadi, Nenan Julir https://creativecommons.org/licenses/by-nc/4.0
Efektivitas Keberlakuan Peraturan Mahkamah Agung Nomor 1 Tahun 2016 Tentang Mediasi dalam Perkara Perceraian Pengadilan Agama Kelas 1A Palembang
The purpose of this study is to examine the effectiveness of the implementation of the Supreme Court Regulation on Mediation in the Religious Court of Palembang City. A mediator is a judge or other party who has a mediator certificate as a neutral party who helps the parties in the dispute resolution process without using the method of deciding or forcing a settlement between the parties. However, this mediation is often unsuccessful in reconciling the parties, especially in divorce cases. This type of research is field research. The method used in this study is a qualitative method. The data sources used are primary data, namely the results of interviews, secondary data, namely those from books, journals, and others. The results of the study show that the mediation procedure in divorce cases at the Palembang Religious Court Based on Supreme Court Regulation Number 1 of 2016 has been implemented effectively, the mediator on duty already has a certificate. However, the parties who mediate in divorce cases at the Palembang Religious Court prioritize feelings over anything else, causing the mediation to fail. The factors that influence the success of mediation in divorce cases at the Class 1A Religious Court of Palembang are child factors, family factors, the role of the judge and the mediator.
Copyright (c) 2024 Alifiah Risma, Ifrohati https://creativecommons.org/licenses/by-nc/4.0
Tindak Pidana Cyberstalking di Media Sosial Menurut Prespektif Hukum Pidana Islam
This study discusses How Cyberstalking Crimes Are on Social Media and discusses How the Perspective of Islamic Criminal Law on Cyberstalking Crimes on Social Media. The purpose of this study is to find out about the sanctions for cyberstalking crimes both in positive criminal law and Islamic criminal law. This study uses normative legal research with a literature review type. The results of this study can be concluded that someone commits a cyberstalking crime on social media by taking actions to disturb, attack, threaten, harass, and force their victims to do something or not do something. By using the internet or technology such as smartphones, computers, or other technologies. With the intention of terrorizing, intimidating, and scaring the victim. Subject to the article on cyberstalking crimes, namely Article 29 of Law Number 11 of 2008 concerning Information and Electronic Transactions (UU ITE). Meanwhile, the punishment for cyberstalking perpetrators according to the perspective of Islamic criminal law is included in the category of ta'zir crimes, where this punishment is determined by the government or local authorities related to freedom (prison sentences and exile) which are of a learning nature to improve the behavior of cyberstalking perpetrators.
Copyright (c) 2024 Ridho Wanantho, Dodi Irawan, Paisol Burlian https://creativecommons.org/licenses/by-nc/4.0
Peringatan Darurat Indonesia Kasus Putusan Rancangan Undang-Undang Pilkada: Studi Ilmu Sosial dan Ilmu Politik
The viral emergency alert on social media stemmed from a controversial Constitutional Court decision regarding Indonesia’s local elections. The Court ruled to lower the electoral threshold for political parties and allowed candidates to meet the age requirement (30 years) at the time of registration rather than at inauguration. However, the legislature quickly responded with a conflicting decision the following day. This study aims to examine how power should operate within the framework of democratic governance and the trias politica principle. Using a descriptive qualitative approach, the research explores the imbalance and potential manipulation of power among the legislative, executive, and judicial branches. The rapid reversal of crucial decisions indicates a concentration of power that bypasses institutional checks and balances. Public dissatisfaction was evident in protests and widespread discourse, signaling a crisis of trust in state institutions. The disruption of democratic mechanisms may lead to long-term consequences, including corruption, social inequality, and authoritarianism. In a democratic state, where sovereignty lies with the people, such political instability endangers the legitimacy and effectiveness of governance.
Copyright (c) 2025 M Leliko Ariyan Jaya https://creativecommons.org/licenses/by-nc/4.0
Peran Kepolisian dalam Pencegahan Illegal Fishing terhadap Nelayan yang Menggunakan Alat Penangkapan Ikan Pukat Hela dan Pukat Tarik Perspektif Siyasah Dusturiyah
This study aims to examine the role of the police in preventing illegal fishing against fishermen using trawl and pull fishing gear in Bengkulu from the perspective of siyasah dusturiyah. This type of research is field research with a qualitative approach, which aims to obtain descriptive data through interviews and direct observation at the Directorate of Water and Air Police of the Bengkulu Regional Police. The results of the study indicate that efforts to prevent illegal fishing by the Ditpolairud Polda Bengkulu have been carried out through various approaches, including legal socialization, sea patrols, and investigations and inquiries into perpetrators of violations. However, the optimization of the role of the police is considered not optimal, especially in the preventive-structural aspect. This is due to the lack of strong synergy and coordination between law enforcement officers and local governments in creating policies that touch on the root of the problem, such as the economic inequality of local fishermen. As for the siyasah dusturiyah study on the prohibition of the use of trawl and pull fishing gear by the Police because this act is a crime that violates norms, both in terms of religious norms, law, and the environment. To assess or measure an act as a crime depends on the values ​​and outlook on life found in society regarding what is good and beneficial for society up to the level of harm of the act.
Copyright (c) 2025 Roni Mulyanto, John Kenedi, Miti Yarmunida https://creativecommons.org/licenses/by-nc/4.0
Mekanisme Pengangkatan dan Pemberhentian Perangkat Desa Perspektif Fiqih Siyasah Tanfidziyah
This study aims to analyze the impact of the mechanism for the appointment and dismissal of Village Apparatus that is not in accordance with the Regulation of the Regent of South Bengkulu Number 09 of 2019 concerning Procedures for the Appointment and Dismissal of Village Apparatus, especially in Penindaian Village, Kedurang Ilir District, South Bengkulu Regency. In addition, this study also examines the mechanism from the perspective of fiqh siyasah tanfidziyah as the basis for Islamic law relating to governance. The type of research used in this study is field research. Data collection uses observation, interview and documentation techniques. This study found that the mechanism for the appointment and dismissal of Village Apparatus in Penindaian Village, Kedurang Ilir District, South Bengkulu Regency, which is not in accordance with the Regulation of the Regent of South Bengkulu Number 09 of 2019, has had significant legal and social impacts. In addition, the mechanism does not fulfill the principles of fiqh siyasah tanfidziyah, such as equality, brotherhood, accountability, tolerance, freedom, deliberation, justice, balance, moderation, and obedience. The results of this study highlight the importance of enforcing regulations and implementing fiqh siyasah values ​​in village governance to achieve justice and harmony in society.
Copyright (c) 2024 Delfi Wulandari, Supardi, Abdul Hafiz https://creativecommons.org/licenses/by-nc/4.0
Telaah Maqashid Syariah terhadap Penerapan Sanksi Kebiri Kimia bagi Pelaku Pedofilia
Sexual violence against children is a serious crime and requires appropriate and effective sanctions. One form of punishment applied in Indonesia is chemical castration, as stipulated in Law Number 17 of 2016 and Government Regulation Number 70 of 2020. Although it aims to provide a deterrent effect, this punishment has drawn pros and cons, especially regarding its effectiveness and compatibility with the principles of maqashid sharia. Maqashid sharia emphasises the protection of five main aspects: soul, mind, offspring, property, and religion. This study aims to analyse the application of chemical castration sanctions within the framework of maqashid sharia, as well as assess its impact on the rehabilitation of perpetrators and the prevention of paedophilia crimes. A qualitative method was used with a literature study approach collected from various legal sources and maqashid sharia theory. The results of the analysis show that although this sanction is in line with the principles of preventing harm and protecting future generations, its implementation still draws pros and cons. The main criticism states that chemical castration may violate human rights and Islamic principles of justice as a whole, mainly due to the significant psychological and social impact on the offender, as well as its debatable effectiveness as a temporary solution. The study concluded that although chemical castration has the potential to be a preventive measure, there is still a need for in-depth studies and the development of alternative sanctions that emphasise justice for both parties and a proportional rehabilitative approach to overcome trauma and the negative impact of sexual crimes against children.
Copyright (c) 2025 Asrofi Asrofi, Zulfahmi Zulfahmi, Abdul Haris Nasution https://creativecommons.org/licenses/by-nc/4.0
Pemetaan Hukum Islam di Nusantara: Peran dan Fungsi Ijtihad
Summarizing the role and function of Islam in the trajectory of law in Malaysia, this paper seeks to conceptualize the influence of shariah and its development in the nation’s legal system. Founded since the Sultanate era of the Malay rulers and continued into the colonial and post-colonial times, it proceeded to study the history of the formation of Malay political entity and its structure of government and the subsequent transition of power into the hand of the Portuguese, Dutch, Japanese and British colonizers. During that time, the Islamic law and its traditional belief and system was highly challenged by the colonial design of Orientalism, Westernization, and modernization to the point of suppressing the local custom of Malay people and their legal and moral values and sentiment. This was exacerbated by the collapse of the Ottoman empire - the last bastion of the Caliph that represent the Pan Islamic ideal embraced by the Malay world. The method of study is based on qualitative (narrative) analysis of the type of library and literature survey. It uses conceptual, descriptive, and analytical method to analyze the data and makes the conclusion. The finding concludes that the enforcement of Islamic law was hindered by the intervention of colonial master prioritizing the implementation of common law underlying its worldview that bring foreign culture and system into the consciousness of the masses for their political advantage, in addition to the dominant secular force of nationalism and communism that prevail and imposed upon the indigenous people throughout the country.
Copyright (c) 2024 Ahmad Nabil Amir, Tasnim Abdul Rahman https://creativecommons.org/licenses/by-nc/4.0
Membangun Ketahanan Keluarga pada Masyarakat Pekerja Bangunan Perspektif Hukum Keluarga Islam
The study discusses building family resilience in the community who work as construction workers. This is because generally working as a construction worker is considered a trivial job by the community because of its status and income which are considered low in this case uncertain, so that they often have difficulty in meeting their family's needs even for daily living expenses and children's school fees. Conditions like this cause disputes between family members and often lead to strained relationships which no longer create a harmonious atmosphere due to economic pressures resulting from income being less than the needs that must be met. This study aims to understand efforts to build family resilience in the construction worker community in Pasar Baru Pangkalan Balai, Banyuasin Regency and a review of Islamic family law on these efforts. This type of research is field research using empirical legal methods. The results of the study show that several efforts by construction workers in Pasar Baru Pangkalan Balai, Banyuasin Regency to build family resilience include working as construction workers, looking for side jobs, establishing good communication and saving expenses. A review of Islamic family law on how to build family resilience is by prioritizing the creation of household welfare, especially the relationship between husband and wife. There are several tips used to build family resilience, namely by managing emotions, strengthening relationships, straightening intentions, and not forgetting to always be grateful.
Copyright (c) 2024 Wendi Prasetiyo, Zuraidah https://creativecommons.org/licenses/by-nc/4.0
Perlindungan Hukum Terhadap Anak Penyandang Disabilitas yang Menjadi Korban Tindak Pidana Pemerkosaan dalam Perspektif Hukum Pidana Islam
Children with disabilities receive special protection under the law. Especially for children with disabilities who are victims of rape. Therefore, this study focuses on the main problem on the form of legal protection for children with disabilities who are victims of rape and how the analysis of Islamic criminal law relates to this. This study aims to explore the form of legal protection for children with disabilities who are victims of rape, as well as to understand the perspective of Islamic criminal law on the case. The research method used is normative legal research with a descriptive analytical approach. Data were obtained through literature studies and analysis of related legal documents. Legal materials were collected by reviewing, recording, evaluating library materials, or searching via the internet and analyzing legal materials by interpreting the legal materials that had been processed. The results of the study indicate that legal protection for children with disabilities who are victims of rape includes the protection that has been explained in Article 5 paragraph (3) letter (a) of Law Number 8 of 2016 concerning Persons with Disabilities stating that children with disabilities have the right to receive special protection from discrimination, neglect, harassment, exploitation, and sexual violence. Then preventive and repressive protection. In addition, Islamic criminal law considers children with disabilities as victims whose rights must be protected, by providing punishments in accordance with justice.
Copyright (c) 2024 Antoni, Rifqi Hidayat https://creativecommons.org/licenses/by-nc/4.0
Pelimpahan Kekuasaan Dalam Jual Beli Tanah Kavling Tanpa Sertifikat Prespektif Hukum Ekonomi Syariah
Delegation of power states that the transfer, delegation, or granting of a mandate carried out by one person to another. In this delegation of power, problems often occur due to irresponsible parties. Therefore, this study formulates the main problem as follows: how is the delegation of power in the sale and purchase of land plots without certificates on Jalan Taqwa Mata Merah, Palembang. The purpose of this study is to examine the delegation of power in the sale and purchase of land plots without certificates from the perspective of Sharia Economic Law. This study is an empirical legal study. Data sources consist of primary data and secondary data. Primary data were obtained through interviews with informants. The results of the study indicate that problems in the delegation of power in the sale and purchase of land plots without certificates occur because they are carried out verbally. This delegation of power in the perspective of Sharia Economic Law is called the wakalah bil ujrah contract to obtain. The delegation of power that occurred in this case is not in accordance with the wakalah bil ujrah contract and is detrimental to the parties in the sale and purchase of land plots.
Copyright (c) 2024 Marisa Natasya, Siti Rochmiyatun https://creativecommons.org/licenses/by-nc/4.0
Pertengkaran Terus Menerus Sebagai Alasan Paling Tinggi pada Perkara Cerai Gugat di Pengadilan Agama Kelas Ib Sungailiat
Divorce cases, which are one of the divorce cases that have increased in the period 2020-2022, were recorded at around 2,178 cases at the Sungailiat Class IB Religious Court. Therefore, the main problem in this study is what causes the increase in divorce cases and what the reasons are. The purpose of this study is to examine the reasons for divorce cases at the Sungailiat Class IB Religious Court according to Islamic law. This study is a type of field research, with a descriptive approach, the data in this study were obtained from primary data and secondary data, with data collection techniques used through interviews and documentation. The data was analyzed descriptively qualitatively. The results of the study stated that the increase in divorce cases at the Sungailiat Class IB Religious Court was caused by many factors. The highest reason for divorce cases was due to continuous quarrels and disputes. Reviewed from Islamic law regarding the reasons for divorce due to continuous quarrels and disputes decided by the Sungailiat Religious Court, it is based on the provisions and principles of Islamic law, this is because the divorce occurred after a peace effort was made by the Sungailiat Class IB Religious Court.
Copyright (c) 2024 Wahyu Mahdi Prananta, Ifrohati https://creativecommons.org/licenses/by-nc/4.0
Implementasi Sanksi Hukum Bagi Pengguna Modifikasi Motor Knalpot Racing Berdasarkan Undang-Undang Nomor 22 Tahun 2009 Perspektif Fiqh Siyasah
Law Number 22 of 2009 concerning Traffic and Road Transportation prohibits the use of racing motorcycle exhausts. However, people still often use them, especially teenagers. This occurs in various regions, including in the Bengkulu Regional Police Jurisdiction. Thus, the main problem of this research is how to implement legal sanctions for users of racing motorcycle exhaust modifications and what is the Fiqh Siyasah perspective on this. This type of research is field research, namely the object of research directly at the Traffic Directorate (Ditlantas) of the Bengkulu Regional Police using a qualitative approach. Based on the results of the study, it was concluded that legal sanctions for users of racing motorcycle exhaust modifications have been implemented based on Law Number 22 of 2009, but have not been optimal. The principles of Fiqh Siyasah such as public interest, justice, prevention, and government authority support this action, with the aim of protecting the safety and interests of the community. Effective law enforcement requires cooperation between the government and the community, the use of modern technology, and an educational approach, so that it is expected to create a safe, comfortable, and harmonious environment for all.
Copyright (c) 2024 Rima Oktaviani Fanidia, John Kenedi, Ismail Jalili https://creativecommons.org/licenses/by-nc/4.0
Tindak Pidana “Obstruction of Justice” dalam Pengaturan Undang-undang Nomor 1 Tahun 2023
Law enforcement efforts must pay attention to the criminal offence of Obstruction of Justice, because it can have an impact on the law enforcement process itself. Thus, this research discusses how the regulation of the criminal offence of Obstruction of Justice in the legislation. The purpose of this research is to understand what actions are included in the category of Obstruction of Justiice. The type of research used is normative legal research. The research data used is secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials. The results of the study suggest that in Law Number 1 Year 2023, the criminal offence of Obstruction of Justice is regulated in more detail in Chapter VI on Criminal Offences Against the Judicial Process, which is divided into three parts: Misdirection of the Judicial Process: Includes falsification of evidence, giving false testimony, and actions that interfere with the judicial process. The maximum sanction is six years imprisonment or a category V fine (Article 278), Disrupting and Obstructing the Judicial Process: Includes disrupting a trial, disobeying a court order, attacking the integrity of the authorities, and obstructing an investigation. The maximum sanction is seven years and six months' imprisonment or a category IV fine. (Articles 279-292), Destruction of Court Buildings, Courtrooms, and Court Equipment: This includes damaging the court building or court equipment which results in the court session not being able to continue. The maximum sanction is five years imprisonment. (Article 293) In addition, Law No. 1 of 2023 also covers the Protection of Witnesses and Victims from Article 294 to Article 299, to ensure safety and justice for witnesses and victims in the judicial process.
Copyright (c) 2024 Ismail Pettanasse, Febrina Hertika Rani, M. Adi Saputra, Dea Justicia Ardha https://creativecommons.org/licenses/by-nc/4.0
Batas Usia Minimal Wali Nikah dalam Aplikasi Simkah Perspektif Hukum Islam dan Hukum Positif
SIMKAH is an application used to document marriage information data. One important aspect in marriage registration is the role of the marriage guardian. However, with the absence of an age limit for the marriage guardian in the guardian entry in the SIMKAH application, marriage registration can be continued even though the guardian is very young, thus this study aims to analyze the provisions of the age limit for the marriage guardian in the guardian entry in the SIMKAH application based on the perspective of Islamic law and positive law. The research method used is library research with a normative legal approach, namely the collected data is analyzed with Islamic law regulations and positive law related to the age limit for the marriage guardian. The results of the study obtained are that the provisions of the minimum age limit for the marriage guardian in the Marriage Management Information System (SIMKAH) application are not limited and can even record the age of the marriage guardian of 10 years. Islamic law analysis recommends the use of the maslahah al-mursalah theory in determining the age of the marriage guardian, which ranges from 18-21 years. However, in the Positive Law Analysis, the provisions of the minimum age limit for marriage guardians in the SIMKAH application are not in accordance with the provisions of a person's maturity to be able to be responsible for carrying out legal acts contained in applicable laws. Although both have the same essence in regulating the purpose of marriage, they have different provisions on the age limit of maturity and the age limit of puberty.
Copyright (c) 2024 Zulfa Munawaroh, Syaiful Aziz, Rafida Ramelan https://creativecommons.org/licenses/by-nc/4.0
Pengancaman di Media Elektronik dalam Hukum Pidana Islam termasuk Jarimah Ta’zir
Threats are a crime. Nowadays, threats are often made through electronic media. Threats through electronic media violate the Electronic Information and Transactions Law as in the case that was decided by the judge in decision Number 796/Pid.Sus/2021/PN Jkt.Pst. The main problem raised in this study is how to analyze Islamic criminal law in criminal cases of threats through electronic media as in the judge's decision Number 796/Pid.Sus/2021/PN Jkt.Pst. The purpose of this study is to understand the act of threats through electronic media in Islamic criminal law. This research is a normative juridical research. The type of data is qualitative data. The data source is secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Data collection was carried out through literature studies, while data analysis was carried out descriptively. The results of the study show that threats through electronic media as in the decision of judge Number 796/Pid.Sus/2021/PN Jkt.Pst are subject to sanctions based on the provisions of the regulations in Article 29 in conjunction with Article 45 B and Article 27 paragraph (4) in conjunction with Article 45 paragraph (4) of Law Number 19 of 2016 concerning Amendments to Law 11 of 2008 concerning Information and Electronic Transactions. In Islamic criminal law, the act of threatening through electronic media is also a criminal act. In Islamic criminal law, this criminal threat is included in the category of Ta'zir crimes. The provisions of the sanctions are determined by the judge or ulil amri.
Copyright (c) 2024 M. Dzulfikriddin https://creativecommons.org/licenses/by-nc/4.0
Comparison of Criminal Sanctions for Drugs Abusers in Indonesian Positive Law and Islamic Law
Drug misuse is a crime that has far-reaching ramifications and devastates the generations of any nation. The growing prevalence of drug usage, particularly among young people, presents a serious danger to public health, social cohesiveness, and the economic well-being of Indonesia. This study combines normative legal methodology with a comparative approach to compare the positive legal system in Indonesia with Islamic law about the topic of drug usage. The results of this writing indicate that positive law in Indonesia imposes fixed penalties based on Law Number 35 of 2009 concerning Narcotics, which vary depending on the type and level of narcotics abuse, with the heaviest sanctions being imprisonment and/or life imprisonment or the death penalty, in addition to fines. Meanwhile, Islamic law allows for a flogging punishment of 40 lashes, coupled with the judge's discretion in imposing penalties commensurate to the seriousness of the offender's crimes, reflecting the moral and religious components of drugs addiction. Both legal systems attempt to fight drug use but highlight the necessity for a balanced approach between severe law enforcement and extensive prevention and rehabilitation initiatives. The success of this technique continues to be contested, underlining the necessity for collaboration between law enforcement and social and educational efforts to adequately combat drug addiction.
Copyright (c) 2024 Zulfahmi https://creativecommons.org/licenses/by-nc/4.0
Implementasi Pemberian Izin Terhadap Pelaku Usaha Kecil Melalui Kebijakan Online Single Submission (OSS) Perspektif Fiqih Siyasah Idariyah
The purpose of this study is to determine the Implementation of Granting Permits to Business Actors Through the Online Single Submission (OSS) Policy from the Fiqh Siyasah Perspective, What are the Constraints and Obstacles and Supporting Factors for Granting Permits to Business Actors Through the Online Single Submission (OSS) Policy from the Fiqh Siyasah Perspective, What is the Review from Fiqh Siyasah on the Implementation of Granting Permits to Business Actors Through the Online Single Submission (OSS) Policy from the Fiqh Siyasah Perspective. This study uses an Empirical Juridical approach method. Data collection methods use interviews and observations. Data analysis techniques use descriptive analysis. The results of this study are: Limited Digital Infrastructure: OSS implementation is hampered by inadequate digital infrastructure, such as slow or unstable internet connections in a number of areas, reducing accessibility and efficiency of system use. Human Resources: There are still many people and business actors, especially in Seluma, who do not understand the optimal use of OSS, resulting in difficulties in obtaining permits through the system. Siyasah Fiqh Perspective: The implementation of granting permits through OSS is analyzed based on the principles of siyasah fiqh, including Maqasid al-Shariah, Maslahah, justice, ease of access, protection of individual rights, and compliance with the law.
Copyright (c) 2024 Devi Herlina, Imam Mahdi, Qolbi Khairi https://creativecommons.org/licenses/by-nc/4.0