Claim Missing Document
Check
Articles

Bandar Lampung General Election Commissions Strategies to Suppress Abstention in The 2024 Presidential Election (A Fiqh Siyasah Approach) Gesti Rahayu, Tyas; Faizal, Liky; Santoso, Rudi
Alauddin Law Development Journal (ALDEV) Vol 6 No 3 (2024): The Effectiveness of Law Enforcement and Prevention in Modern Society
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/aldev.v6i3.52133

Abstract

Law No. 7 of 2017 highlights that general elections enable citizens to express their sovereignty; however, the phenomenon of abstention (golput) indicates a decline in voter participation. This trend often results from a lack of trust in elected representatives, who are seen as failing to effect significant change. Rising abstention rates require urgent attention from organizers, especially the General Election Commission (KPU) of Bandar Lampung. From an Islamic legal perspective, abstention is deemed haram according to the Indonesian Ulema Council. This study employs qualitative methods through field research, including observation, interviews, and document collection. The KPU of Bandar Lampung has implemented various strategies to reduce abstention in the upcoming 2024 elections, guided by goal-setting, policy formulation, and plan development theories. This research aims to provide insights for enhancing voter participation.
ANALISIS PRAKTIK JUAL BELI MATERIAL BEKAS HARTA BENDA WAKAF DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH DAN HUKUM POSITIF (Studi di Masjid Al-Muawanah Desa Kali Asin Kecamatan Tanjung Bintang Kabupaten Lampung Selatan) Munawaroh; Liky Faizal
EKSYA : Jurnal Ekonomi Syariah Vol 5 No 1 (2024): JURNAL EKSYA: JURNAL EKONOMI SYARIAH
Publisher : Program Studi Ekonomi Syariah Sekolah Tinggi Agama Islam Negeri Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/eksya.v5i1.1968

Abstract

This research is field research which uses 3 data sources, namely primary, secondary and tertiary data. This research is descriptive analysis. The collected data was analyzed qualitatively using an empirical juridical approach, namely sourced from Islamic Law and Positive Law. Based on the results of this analysis, it was found that in the practice of buying and selling used mosque waqf materials at the Al-Muawanah Mosque, Kali Asin Village, Tanjung Bintang District, South Lampung Regency, the principle of Maslahah Murlah is used. The benefit is seen from the usefulness of the waqf objects being sold and maintaining the waqf objects is lost in terms of their usefulness because maslahah is the benefit of the people. The equality of Islamic law and positive law related to the practice of buying and selling used waqf property materials that occurs in Kali Asin Village, Tanjung Bintang District, South Lampung Regency. Basically, buying and selling used waqf property material is basically not permitted, but there are provisions that allow the practice. that is, if the waqf assets no longer provide benefits and the sale will bring new benefits to the waqf assets. This cannot be separated from the aspect of the benefit of the people. The difference is that according to Islamic law it can be carried out by deliberation by the local community or with written approval from the Head of the District Religious Affairs Office based on advice from the Council as stated in the Compilation of Islamic Law in Article 225. Meanwhile, the process of changing waqf assets is according to positive law, as stated in Law Number 41 of 2004 concerning Waqf, in Article 41, changes to waqf assets can be made after obtaining written permission from the Minister with the approval of the Indonesian Waqf Board.
PERLINDUNGAN HUKUM TERHADAP PELAKU USAHA JUAL BELI ONLINE DENGAN METODE PEMBAYARAN KREDIT DALAM PERSPEKTIF HUKUM EKONOMI SYARIAH DAN HUKUM POSITIF (Studi di Vivi Shop Media Elektronik Whatsapp) Fitri Afifah; Liky Faizal
EKSYA : Jurnal Ekonomi Syariah Vol 5 No 1 (2024): JURNAL EKSYA: JURNAL EKONOMI SYARIAH
Publisher : Program Studi Ekonomi Syariah Sekolah Tinggi Agama Islam Negeri Mandailing Natal

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56874/eksya.v5i1.1969

Abstract

In the view of Islamic law, legal protection efforts that can be given to business actors related to bad faith behavior carried out by the buyer, one of which can be resolved by consultation, so that the relationship between the parties can certainly be lived well compared to cases handled in court. In positive law, the form of protection related to the law of online shop business actors who suffer losses due to the malicious intent of customers is based on the GCPL law, which also protects the rights of business actors to create a healthy trade process. As for the equations of Islamic law and positive law related to online buying and selling practices through payment methods, namely credit that occurs at Vivi Shop with Whatsapps electronic media, the problem is resolved by peace between the two parties. This is also consistent with the theory used by researchers in analyzing the case with the theory of Ishlãh. As we know, Ishlãh is an agreement to settle a dispute between two parties to a dispute peacefully, but the buyer still has the obligation to pay the arrears of installments for the goods for which he is responsible. While the difference in Islamic law and positive law related to the practice of buying and selling online with a credit payment system is when in Islamic law the problem can be resolved only between the business actors and buyers, while in positive law when the problem if there is no bright spot between the two parties, the business actors can file complaints to the Consumer Dispute Resolution Agency in accordance with Article 6 of Law Number 8 of 1999 to demand justice and responsibility for the losses suffered by business actors for actions taken by consumers.
Reviving House of National Representatives Power: A Normative Analysis Through the Lens of Fiqh Siyasah Dusturiyah Priyanto, Ari; Al arif, M. Yasin; Faizal, Liky; Sofiana, Anis
Mimbar Keadilan Vol 18 No 1 (2025): Februari 2025
Publisher : Faculty of Law, Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/mk.v18i1.12648

Abstract

This research aims to strengthen the institution of the House of National Representatives (DPD) in the national legislation programme, to be more representative in accommodating national aspirations. Through a normative juridical approach and analysis of Siyasah duturiyah, this research examines the principles of justice, deliberation, and participation under the values of Sharia in public policy making. This research is normative juridical research by collecting primary and secondary legal materials relevant to the research utilizing a statutory approach and conceptual approach in both positive law and siyasah duturiyah. The results found that to strengthen the control and development of DPD in the national legislation, it is necessary to amend the 1945 Fundamental law of the Republic of Indonesia, revise the Law No. 17/2014, revise the Law No. 27/2009, separate arrangements regarding the assignment and functions of DPD, adopt a strong bicameral system and likely bicameral. The impact is hoped to enrich the study in the field of Fiqh Siyasah and Fundamental law, especially in the context of developing a more inclusive legislative system under the framework of the Unitary Republic of Indonesia.
LAND LEASE SYSTEM BETWEEN LAND OWNERS AND PT SUMBER ALFARIA TRIJAYA TBK IN CENTRAL LAMPUNG REGENCY FROM THE PERSPECTIVE OF SHARIA ECONOMIC LAW Fuadi, As'ad; Mohammad Yasir Fauzi; Liky Faizal
Jurnal Dinamika Ekonomi Syariah Vol 12 No 1 (2025): Jurnal Dinamika Ekonomi Syariah
Publisher : Program Studi Ekonomi Syariah, Institut Agama Islam Pangeran Diponegoro Nganjuk

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53429/jdes.v12i1.1328

Abstract

ABSTRACT Humans as social creatures are a nature given by Allah SWT. For this reason, humans will need each other and cannot live alone to fulfill their daily needs. One of the basic needs for humans is wealth. The ways to obtain wealth are very diverse, ranging from trading, farming, and also service activities. The practice of muamalah can be carried out with various contracts. One of them which is still the people's choice is the rental or ijarah contract. Ijarah is an agreement to transfer the right to use goods or services, through the payment of rental wages, without being followed by a transfer of ownership of the goods. The formulation of the problem in this research is. What is the Practice of the Land Lease System from a Sharia Economic Law Perspective in Alfamart, Central Lampung Regency. This research is a research approach used, a qualitative approach, which means a research process based on a methodology that investigates a phenomenon or problem in society. The research approach used will produce descriptive data in the form of written or spoken words and the behavior of the person being observed. The type of research used in this research is a case study, in which the researcher carries out an in-depth investigation of a unit, organization, institution, or certain phenomenon which then produces a good, complete and detailed picture. The results of this research found The aim is to establish a good relationship with the location owner. Based on research conducted by researchers regarding the land rental system in Alfamart, Central Lampung Regency, it can be concluded that the land rental practice that has been agreed upon by both parties does not fulfill the pillars and conditions of the ijarah. So the contract that has been carried out can become void. Apart from not fulfilling the pillars and requirements of ijarah, the land rental that occurs at Alfamart Central Lampung Regency also does not fulfill the principles of Islamic economics, these principles are the principles of divinity (Divine), justice (Adl), prophethood (Al -Nubuwah), government (Al -Caliph), and results or profits (Ma'ad).
Understanding and Awareness of Gender Equality in Divorce Laws in Lampung Province and Its Contribution to the Reform of Islamic Family Law in Indonesia Eko Hidayat; Liky Faizal; Abd. Qohar; Hilmi Yusron Rofi’i
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 23 No. 3 (2024): Pena Justisia
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v23i3.5090

Abstract

This article examines the understanding and awareness of gender equality in divorce cases in Lampung Province and its contribution to the reform of Islamic family law in Indonesia. The study aims to analyze the dominant factors in filing for divorce in Lampung Province, as well as the understanding and awareness of gender equality among divorce litigants from a mubādalah perspective. The research employs a qualitative method with field research. Data sources are obtained from a series of activities including interviews and observations conducted directly with judges handling divorce cases and litigants involved in divorce proceedings, complemented by secondary data from relevant scholarly works. Data analysis is performed qualitatively with a focus on the mentioned theories. The results indicate that in Lampung Province, economic factors are dominant in divorce cases, with husbands’ inability to provide for the family or wives feeling dissatisfied with the husband's provisions. The understanding and awareness of gender equality among divorce litigants are reflected in their attitudes towards women's rights, gender roles, and household division of labor, which often lead to injustice and divorce disputes. To achieve gender equality, it is recommended that changes be made to laws defining the roles of husbands and wives as mutually responsible partners in the household. This research contributes to the development of law in Indonesia by providing an in-depth analysis of the understanding and awareness of gender equality in divorce cases, particularly in Lampung Province
Implikasi Hukum Adat terhadap Pembagian Warisan Anak Perempuan Perspektif Hukum Keluarga Islam Faizal, Liky; Nur, Efa Rodiah; Qohar, Abd.; Rofi'i, Hilmi Yusron
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.v24i1.5745

Abstract

Indigenous peoples of Lampung have a tribal culture which is divided into two large customary groups, namely the Saibatin and Pepadun indigenous peoples, and most of the community members embrace Islam, in terms of marital affairs which will continue to be inherited in the family. Indigenous people in general still use the procedures contained in their customary law. This study aims to analyze the position of women in inheritance distribution in Lampung customary law in Way Kanan and Pesisir Barat districts from the perspective of Islamic Family Law in Indonesia. This research is field research, which describes and describes the situation and phenomena more clearly regarding the situation that occurred. This study intensively studied the position of women in inheritance distribution in Lampung customary law in Way Kanan and Pesisir Barat districts from the perspective of Islamic Family Law in Indonesia. Qualitative descriptive research method is research that only describes situations and events. This study does not seek or explain relationships, does not test hypotheses or make predictions, but only describes variable by variable. This study uses a purposive sample. The informants in this study were: Key Informants: 4 traditional leaders, Main Informants: 4 women who were heirs, Supporting informants: 4 indigenous people. Data sourced from primary data and secondary data, with data collection techniques interview, observation, and documentation. The data collection activities are carried out after the research is carried out or compiled. Data collection is one of the processes in research that can help solve the problems being studied, therefore the data collected must be sufficient. Data analysis by collecting data, data reduction, data presentation, and conclusions.
The Age Limit for Marriage in Brunei Darussalam in Maslahah and Legal Politics Perspectives Faizal, Liky; Qohar, Abd
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 6 No. 1 June (2021)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v6i1.1334

Abstract

Brunei Darussalam which embraces Islamic law reform must be carried out in line with what is the goal of Islamic law itself, which is to fulfill the demands of the instincts of human life, and must be based on maslahah which is in line with the principles of maqoshid al-shari'ah and in accordance with the objectives law in the legal system. The formulation of the problem in this article was related to the age limit of marriage in Brunei Darussalam in the perspective of law and politics. The purpose of this research was to understand the legal and political review of the legal determination of the age limit of marriage in Brunei Darussalam. The research type was library research, by collecting data obtained from library research sourced from several books, theses, journals and articles related to the title to be discussed. This research used a juridical, normative, philosophical, and historical approach that served as the answer and solution to the problems that exist in the community and state. The results of this research were that the application of the concept of maslahah to the minimum age limit for marriages in Brunei Darusslam had not been carried out optimally because the country had local wisdom that was still considered in accordance with the context of their respective countries. In the political perspective of legal regulations the minimum age of marriage in Brunei Darussalam still needed to be improved in its justice, legal certainty, and legal usefulness.
Relevansi Prinsip Keseimbangan dalam Konsep Kafaah Perspektif Jasser Audah Tata Cahwiyadi; Nurnazli; Liky Faizal
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 2 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i2.7357

Abstract

This study focuses on analyzing the concept of kafᾱ’ah (compatibility) from the perspective of Maqāṣid al-Sharia as articulated by Jasser Auda, particularly concerning the principle of social balance recognized in Islamic marital law. Kafᾱ’ah, or the compatibility between prospective spouses, is viewed as an essential factor supporting marital harmony and household stability. This research identifies how kafᾱ’ah contributes to a fair and balanced social structure within Muslim societies and reduces potential incompatibilities that may lead to marital instability. Using a sociological approach and Jasser Auda’s systems theory, this study elucidates the relationship between kafᾱ’ah and the objectives of Sharia, or Maqāṣid al-Sharia. Through content analysis and qualitative descriptive methods, the research examines relevant primary and secondary sources, including both classical and contemporary texts. Findings show that kafᾱ’ah not only fosters marital harmony but also functions as a social balancing mechanism that strengthens stability in Muslim communities. These findings highlight the relevance of Maqāṣid al-Sharia, particularly Jasser Auda’s insights into the principle of balance in kafᾱ’ah , as a foundation for establishing justice in social relationships and addressing inequality issues in marriage. This study aims to contribute to academic discussions and provide practical benefits for the application of kafᾱ’ah in family law policies within contemporary Muslim societies.
PRODUK HUKUM DI INDONESIA PERSPEKTIF POLITIK HUKUM FAIZAL, LIKY
ASAS Vol. 9 No. 1 (2017): Asas, Vol. 9, No. 1, Januari 2017
Publisher : Universitas Islam Negeri Raden Intan Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24042/asas.v9i1.1216

Abstract

Abstrak: Produk-produk hukum tidak dapat dilepaskan dari pengaruh konfigurasi politik yang melatar belakanginya. Konfigurasi politik demokratis akan melahirkan model-model produk hukum, sebagaimana layaknya sebuah kehidupan politik yang demokratis, maka kecenderungan lahirnya sistem hukum yang demokratis merupakan out put dari sistem demokratis tersebut. Hampir jarang ditemui bahwa konfigurasi politik yang demokratis, akan melahirkan produk hukum yang otoriter. Karena, kecenderungan hukum yang otoriter merupakan bagian dari sistem politik represif dan otoriter dalam rangka memelihara kekuatan politik negara terhadap masyarakat. Sebaliknya, konfigurasi politik demokratis, adalah upaya pemeliharaan terhadap kepentingan rakyat semata. Kata Kunci:  Produk Hukum, Politik Hukum, Konfiguras