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All Journal Bengkoelen Justice : Jurnal Ilmu Hukum Journal of Law, Environmental and Justice Sharia Economic and Management Business Journal (SEMBJ)
Dahwal, Sirman
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Religion Agriculture, Biological Sciences & Forestry Computer Science & IT Economics, Econometrics & Finance Education Environmental Science Law, Crime, Criminology & Criminal Justice Other

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Advancing Ecological Justice through the Integration of Eco-Religion in Criminal Law Reform Fernando, Zico Junius; Dahwal, Sirman; Arifin , Firdaus; Maskur , Muhammad Azil; Muthia, Arini Azka
Journal of Law, Environmental and Justice Vol. 3 No. 2 (2025): Journal of Law, Environmental and Justice
Publisher : Ius et Ambientis

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62264/jlej.v3i2.133

Abstract

The accelerating global ecological crisis has exposed the limitations of anthropocentric and utilitarian paradigms embedded in conventional environmental criminal law. This article proposes the integration of eco-religion a spiritual worldview that regards nature as sacred and interdependent with human moral responsibility as a transformative foundation for ecological justice and legal reform. Drawing upon Islamic, Christian, Hindu-Buddhist, and indigenous environmental ethics, the study argues that spiritual values can provide normative depth and cultural legitimacy to reorient criminal law from a punitive model toward a restorative and justice-oriented framework. Utilizing a normative legal method enriched by conceptual, comparative, and futuristic approaches, the paper analyzes key international practices including those in Ecuador, Bhutan, France, and Uganda and explores their applicability to the Indonesian context. The study demonstrates that incorporating eco-religious values can elevate the legal standing of nature, reframe environmental crimes as moral transgressions, and empower local wisdom and constitutional principles such as Pancasila and the 1945 Constitution. Ultimately, this integration offers a culturally rooted and ethically grounded model of legal reform that redefines environmental harm as a crime against life systems, calling for accountability, restoration, and intergenerational justice.
THE UNDERHAND DIVORCE AND ITS IMPACTS ON CHILD CUSTODY ACCORDING TO ISLAMIC LAW AND POSITIVE LAW: (A Study in Seginim Subdistrict, South Bengkulu Regency) Hardego, Saswin; Muslih, Akhmad; Dahwal, Sirman
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 14 No. 2 (2024): November 2024
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v14i2.37262

Abstract

This research examines a. How does the underhand divorce and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency? b. What are the factors leading to underhand divorces and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency? c. How do underhand divorces and its impact on child custody in Seginim Subdistrict, South Bengkulu Regency, align with Islamic Law and Positive Law in Indonesia? This study employs an empirical legal research method. It uses a qualitative approach by determining the research location and informants through in-depth interviews, followed by analysis using a juridical-qualitative method. The research findings are: 1. The underhand divorce is driven by economic reasons and the complexity of legal processes considered burdensome and expensive. This includes cases where the husband leaves the household or infidelity occurs, forcing couples to choose underhand means to end the marriage. The impact of such divorces in Seginim includes injustices related to iddah as waiting period and hadanah support for ex-wives and children. Many do not fully receive these rights post-divorce, worsening their financial and social conditions. 2. Factors leading to underhand divorces in Seginim Subdistrict, South Bengkulu Regency, and its impact on child custody, as follows: Traditional Practices: Underhand divorces have been a long-standing custom in Seginim society. Although Islamic law considers such divorces valid, the state does not recognize them. Lack of Legal Awareness: The people of Seginim often do not understand or do not care about national legal regulations regarding divorce. Personal Issues and Economic Constraints: Divorce is often viewed as a stigma, leading to it being carried out quietly. Impact on Child Custody: The unofficial divorce process can negatively affect child custody arrangements. 3. Underhand divorce affects not only the legal status of the spouses but also significantly impacts child custody. Under both Islamic law and Indonesian positive law, divorces that do not go through the court can result in legal uncertainty that negatively affects children's rights, such as financial support and custody rights. Therefore, it is crucial for divorcing couples to undergo the divorce process through the court to ensure legal certainty and protection of children's rights. Keywords: Divorce, Underhand, Child
The Role of Shariah Insurance and Financial Institutions in Developing Islamic Economic Law in Indonesia Idwal, Idwal; Dahwal, Sirman
Sharia Economic and Management Business Journal (SEMBJ) Vol. 7 No. 1 (2026): February
Publisher : Yayasan Darussalam Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62159/sembj.v7i1.2014

Abstract

Background: An important part of the economic law is the regulation about financial institutions insurance. In the field of insurance business development, there is a new field that is Shari'ah insurance. Novelty of shariah insurance business is the operation of its business activities based on the principles of Shari'ah derived from the Qur'an and the Hadith and the Fatwa Ulama mainly gathered in the Indonesian Council of Ulema (MUI). Because since the beginning the shari'ah insurance business is defined as a form of insurance that is based on the values contained in the teachings of Islam. Methods: This research is a doctrinal law or normative legal research, because this research is conducted with the approach of regulation and conceptual. This study is sourced from primary, secondary, and tertiary legal materials, and non-legal materials that support the subject matter. This research was conducted through the study of literature or documents. Results: The results of the study is that which distinguishes principle of insurance syar'iah with conventional insurance is Shari'ah insurance eliminates the element of uncertainty (gharar), the element of speculation or gambling (maisir), and the element of money interest (riba) in its business activities so that the participants of insurance (Insured person) feel free from tyranny practices that bring harm. Conclusion: At this time, the development of economic activity which is based on Shari'ah can be said to thrive. This is because the majority of Indonesia's population is Muslim. In addition, each Shari'ah-based economic activity prioritize in fair sharing of benefits thus in shari'ah-based economic activities do not cause any harm to the doer of this economic activity.
Co-Authors Arifin , Firdaus Fernando, Zico Junius Hardego, Saswin Idwal, Idwal Maskur , Muhammad Azil Muslih, Akhmad Muthia, Arini Azka