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All Journal Ahkam: Jurnal Ilmu Syariah Bestuur Al-Jami'ah: Journal of Islamic Studies Al-Ihkam: Jurnal Hukum dan Pranata Sosial Al-Ahwal: Jurnal Hukum Keluarga Islam El-Mashlahah Journal of Indonesian Legal Studies JOURNAL EQUITABLE Journal of Islamic Law JHCLS Volksgeist: Jurnal Ilmu Hukum dan Konstitusi
Hayat, Muhammad Jihadul
Universitas Islam Negeri Sunan Kalijaga Yogyakarta
Religion Humanities Economics, Econometrics & Finance Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Land Reform Policy in Determining Abandoned Land for Halal Tourism Destination Management Based on Fiqh Siyasah Jaelani, Abdul Kadir; Rabbani, Anila; Hayat, Muhammad Jihadul
El-Mashlahah Vol 14, No 1 (2024)
Publisher : Sharia Faculty of State Islamic Institute (IAIN) Palangka Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23971/el-mashlahah.v14i1.8051

Abstract

The government has established a policy of utilizing abandoned land to develop halal tourism. However, the critical question is whether this policy, based on siyasah fiqh, impacts Indonesia's economic development. The research analyzed land reform policies, which determine abandoned land for managing halal tourism destinations based on Fiqh siyasah. This study employed normative legal studies and secondary data. The research indicated that the use of abandoned land for halal tourism development is not grounded in Islamic jurisprudence, and it potentially violates the provisions of Article 27 paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of the Republic of Indonesia, leading to violations of human rights.
Green Tourism Regulation on Sustainable Development: Droning from Indonesia and China Jaelani, Abdul Kadir; Hayat, Muhammad Jihadul; Luthviati, Resti Dian; Al-Fatih, Sholahuddin; Mujib, M. Misbahul
Journal of Indonesian Legal Studies Vol 8 No 2 (2023): Contemporary Issues on Law, Development, and Justice: Indonesian Context and Beyo
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jils.v8i2.72210

Abstract

For more than five decades (since 1972), the world has increasingly directed its attention toward sustainable development, one of which encompasses the domain of green tourism. Indonesia and China stand as two nations committed to the Sustainable Development Goals and green tourism. Nevertheless, it remains uncertain whether the legal framework on green tourism in both countries has achieved comprehensiveness and the extent of its implementation's effectiveness. This article aims to explore the regulations on green tourism in Indonesia and China, along with their respective impacts. Drawing on a statute approach, this article argues that Indonesia has established multiple levels of regulations concerning green tourism as a part of its commitment to sustainable development and China. In practice, both Indonesia and China have implemented these regulations, leading to discernible positive effects on societal welfare. However, conventional regulatory overlap persists in Indonesia, and the implementation appears less than optimal. In another context, China adopts a streamlined regulatory framework and appears to have achieved greater effectiveness in the implementation of green tourism.
Artificial Intelligence Policy in Promoting Indonesian Tourism Jaelani, Abdul Kadir; Luthviati, Resti Dian; Siboy , Ahmad; Al Fatih, Sholahuddin; Hayat, Muhammad Jihadul
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 7 Issue 1 (2024) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v7i1.10623

Abstract

Artificial intelligence changes how tourist destinations operate, provides better service to visitors, and provides long-term benefits for local communities and the environment. However, it is essential to question whether governments can effectively resolve data privacy and cybersecurity challenges when deploying these technologies. This study aims to analyze issues related to the role of artificial intelligence policy in promoting Indonesia's digital tourism. This research employs a normative legal approach, drawing from both statutory and historical sources. This research concludes that Indonesia promotes artificial intelligence in tourism by investing in AI technology research and development, collaborating between the government and the private sector to implement AI solutions, and establishing a supportive regulatory framework to ensure the ethical use of AI in tourism. The impact of digitalization policies on digital tourism includes increasing accessibility and convenience for tourists through online ordering systems and digital payment methods, developing smart destinations with Internet of Things technology and data-based insights, and enhancing tourist experiences through augmented reality applications and virtual reality.
Solving Pregnancy Out-of-Wedlock: ‘Dual Validity’ of Ngampang Marriage among Dayak Muslim Community in Sintang, Indonesia Alfarisi, Muhammad Adib; Hayat, Muhammad Jihadul; Hakimi, Adul Rahim
Journal of Islamic Law Vol. 4 No. 2 (2023): Journal of Islamic Law
Publisher : Institut Agama Islam Negeri (IAIN) Pontianak

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24260/jil.v4i2.1283

Abstract

According to most scholars of Islamic jurisprudence (jumhūr ʿulamā), marriage due to pregnancy (ngampang) is permissible as long as it is conducted under fiqh (Islamic jurisprudence) rules. Its validity is not contingent upon the situation/locus ‘in front of the state official’. It means that there is no significance in remarrying before the state official if an Islamic marriage has previously been performed beyond the walls of the state building. In reality, however, the community—in this context, the Muslim community of Sintang—often remarries before a marriage registrar to achieve state recognition in the case of marriage due to pregnancy. This article portrays how the Sintang Muslim community legalizes marriage status due to pregnancy. Data were collected through interviews. This article argues that in order to obtain state recognition of their marriage due to pregnancy, the Muslim community of Sintang often performs twofold marriage ceremonies. The first is according to customary standards (in line with the Statute of the Sintang Kingdom) and following Islamic rules. The second is according to national procedure (in front of a state official), which applies the same Islamic terms. It indicates that, in terms of resolving the issue of pregnancy out-of-wedlock, the Sintang Muslim community has to go through two standards that are not substantively contradictory to each other. Both standards actually rest on the same principles in Islamic law.
Unregistered Marriages in Sabah: Indonesian Migrant Workers at the Crossroads of Faith, Law, and Livelihood Wahib, Ahmad Bunyan; Hayat, Muhammad Jihadul; Awang, Nurulbahiah
Journal of Human Rights, Culture and Legal System Vol. 5 No. 2 (2025): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v5i2.702

Abstract

The immigration policy of Malaysia prohibits migrant workers from marrying during their employment contract, whether with fellow migrant workers or Malaysian citizens. However, despite this prohibition, the practice of marriage between Indonesian migrant workers, often referred to as kawin kampung (village marriage), has been prevalent for many years in Sabah, Malaysia. This marriage practice occurs without the involvement of the state and is not officially registered, thus classified as an unofficial or nikah sirri (secret marriage). Nevertheless, such marriages are recognized socially within the community, even though they are not legally acknowledged (illegal but licit). This research aims to explain the structure and agency involved in marriage practice among Indonesian migrant workers. Taking the floor in Sabah, Malaysia, data were gathered through interviews with related parties in the field. This research employs Giddens' theory of structuration. This research argues that the practice of kawin kampung (village marriage) among Indonesian migrant workers (PMI) in Sabah, is a multifaceted issue influenced by a combination of religious, legal, economic, and social factors. Their religious belief constitutes an essential foundation for sustaining life within the oil palm plantations. Although their marriages cannot be categorized as legally valid under the Malaysian state law, they are many times underhand allowed by the company and can gradually and annually be submitted for official validation (isbat nikah) at the Indonesian representative office. Inconsistent law enforcement against undocumented immigrants has enabled their continued entry, thereby perpetuating the practice of unregistered marriages (kawin kampung) among Indonesian migrants.
Co-Authors Abdul Kadir Abdul Kadir Jaelani Abdul Kadir Jaelani Ahmad Bunyan Wahib Al Fatih, Sholahuddin Alfarisi, Muhammad Adib Andi Akbar Herman Awang, Nurulbahiah Hakimi, Adul Rahim Henning Glaser Hilaire Tegnan I Gusti Ayu Ketut Rachmi Handayani Jaco Barkhuizen Juliet Musabula Lego Karjoko Lego Karjoko Mujib, M Misbahul Rabbani, Anila Resti Dian Luthviati Resti Dian Luthviati Sholahuddin Al-Fatih Siboy , Ahmad Siti Djazimah Sri Wahyuni Utkarsh K. Mishra Widyasari, Vita Wulandari Berliani Putri