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Legal Analysis of Blood Donation in Indonesia from the Perspective of Islamic Ethics Rusmiyanti, Rusmiyanti; Santoso, Aris Prio Agus; Habib, Muhamad
Research of Service Administration Health and Sains Healthys Vol 6, No 2 (2025): Research of Service Administration Health and Sains Healthys (Desember)
Publisher : Lembaga Penelitian dan Pendidikan (LPP) Mandala

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58258/rehat.v6i2.9751

Abstract

Although blood donation in Indonesia has been regulated through various legal instruments and is regarded as a humanitarian act in Islam, numerous ethical and legal issues still arise in practice. This creates a gap between the commercialized reality of implementation and the normative expectation that blood donation should be grounded in sincerity, solidarity, and the principle of hifz al-nafs within Islamic ethics. The purpose of this study is to analyze the regulation of blood donation in Indonesia based on applicable laws and to examine the principles of Islamic ethics in viewing blood donation as a form of health and humanitarian service. This research employs a normative juridical approach with a prescriptive type of study, focusing on literature review to examine the legal framework and Islamic ethical principles in blood donation practices in Indonesia. The study uses secondary data derived from primary, secondary, and tertiary legal materials. Data collection was conducted through literature study, and the analysis applied a qualitative method to interpret legal norms, evaluate regulatory effectiveness, and formulate normative solutions. The results show that the practice of blood donation in Indonesia represents the integration of legal, moral, ethical, and humanitarian values guaranteed by the 1945 Constitution, further elaborated through Law No. 17 of 2023 and Minister of Health Regulation No. 91 of 2015, which emphasize voluntary, non-commercial, and humanitarian principles. The Indonesian Ulema Council (MUI) Fatwa No. 23 of 2019 affirms that blood donation is a virtuous act reflecting the spirit of mutual assistance. From an Islamic ethical perspective, blood donation embodies the values of hifz al-nafs and al-maslahah within maqasid al-shari‘ah, serving as a form of social worship that rejects any exploitation of the human body.
The Binding Authority of DSN-MUI Fatwas in the National Legal System: An Analysis from the Perspective of Islamic Law and Legislative Theory Abdullah Lawang, Karimuddin; Zulfikri, Zulfikri; Peristiwo, Hadi; Hanuddin, La; Nurdin, Nurdianasari; Habib, Muhamad
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 24 No. 1 (2025): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v24i2.6633

Abstract

The National Sharia Council of the Indonesian Ulema Council (DSN-MUI) plays a central role in shaping the principles of Islamic economic law in Indonesia through its fatwas. These fatwas serve as primary references in the practices of Islamic financial institutions. However, the legal status of DSN-MUI fatwas within national legislation remains a subject of debate, particularly regarding their binding authority. This article aims to analyze the position of DSN-MUI fatwas from the perspective of Islamic law and legislative theory within the national legal system. This study employs a qualitative method with a normative and literature-based approach, examining various legal regulations and legal theories. The findings indicate that in Islamic law, fatwas are not absolutely binding unless institutionalized by an official authority. In the national context, DSN-MUI fatwas attain functional binding power as they are used as references in regulatory frameworks by Bank Indonesia, the Financial Services Authority (OJK), and Islamic financial institutions. Although these fatwas do not possess formal legal authority within the hierarchy of national legislation, they have become part of the living law that is internalized in national economic legal practices. Therefore, normative reinforcement is needed through explicit recognition in sectoral regulations to prevent legal vacuums. This study recommends the codification of DSN-MUI fatwas into derivative regulations to enhance their juridical legitimacy in supporting a just and legally certain Islamic economic legal system.
Pendampingan Pendirian Madrasah Unggulan Bilingual Global: Implementasi Peningkatan Mutu Berkelanjutan Pendidikan pada MI Ma’arif 04 Desa Gentasari Kecamatan Kroya Kabupaten Cilacap: Mentoring for the Establishment of a Global Bilingual Leading Madrasah: Implementation of Continuous Quality Improvement of Education at MI Ma'arif 04, Gentasari Village, Kroya District, Cilacap Regency Tobroni, Imam; Fathurohim, Fathurohim; Habib, Muhamad; Muliyah, Pipit
PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat Vol. 11 No. 4 (2026): PengabdianMu: Jurnal Ilmiah Pengabdian kepada Masyarakat
Publisher : Institute for Research and Community Services Universitas Muhammadiyah Palangkaraya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33084/pengabdianmu.v11i4.10376

Abstract

This article discusses a community service program aimed at supporting the establishment of a globally competitive bilingual flagship madrasah at MI Ma'arif 04 in Gentasari Village, Kroya Sub-district, Cilacap. This program is part of an effort to enable the madrasah to compete with other educational institutions, particularly in addressing global education challenges. It also focuses on empowering the community in education by leveraging existing potential to develop a high-quality, competitive madrasah. The program involves active participation from the entire madrasah community and broad public engagement, including various stakeholders. The mentoring activities cover numerous aspects, ranging from planning and preparing facilities and infrastructure to developing a globally-oriented bilingual curriculum, teacher training, and public outreach and school promotion. This program is expected to improve the quality of education at MI Ma'arif 04 Gentasari in a sustainable manner, thereby generating positive impacts on social change and community development.
Reconstruction of the Limits of Teacher Discretion in Disciplinary Actions: Harmonization of the Child Protection Law and the Teacher and Lecturer Law adi saputro, dahvit danang adi saputro; Rezi, Rezi; Habib, Muhamad
Jurnal Cahaya Keadilan Vol 14 No 1 (2026): Jurnal Cahaya Keadilan Vol. 14 No. 01 April 2026
Publisher : LPPM Universitas Putera Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33884/jck.v14i1.11592

Abstract

This study is motivated by the normative tension between teachers’ authority to impose disciplinary measures and legal provisions prohibiting violence against children, which creates legal uncertainty and increases the risk of criminalizing teachers in educational practice; the objective of this study is to formulate clear juridical boundaries for disciplinary actions so that they are not classified as criminal offenses and to develop a harmonization model between the Law on Teachers and Lecturers and the Child Protection Law; theoretically, this study contributes to the development of educational law, while practically it provides guidance for teachers, law enforcement officials, and policymakers; the method used is normative legal research with statutory and conceptual approaches, supported by qualitative analysis of legal materials; the findings indicate that lawful disciplinary actions must fulfill key parameters, namely educational purpose (animus educandi), proportionality, and respect for children’s dignity and rights, reinforced by the doctrine of in loco parentis as the basis for teachers acting as parental substitutes, while regulatory disharmony arises due to unclear operational limits; the study concludes that unclear limits of teachers’ discretion are the main source of legal uncertainty, thus requiring reconstruction through legal harmonization; therefore, it is recommended that legislation be revised to explicitly define these limits and that technical guidelines be established to ensure legal certainty and balanced protection for teachers and students.