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Is Majelis Ulama Indonesia Same with Darul Ifta Egypt? A Comparative Studies Abdullah, Umar; Al-Fatih, Sholahuddin
Audito Comparative Law Journal (ACLJ) Vol. 6 No. 1 (2025): January
Publisher : Universitas Muhammadiyah Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22219/aclj.v6i1.38143

Abstract

This article aimed to discuss the similarities and differences between Majelis Ulama Indonesia (MUI) and Darul Ifta in Egypt (or Darul Ifta Mesir/DIM), especially from a legal perspective. Both institutions were Islamic organization, a place that Ulama from different perspective or mazhab (legal thought) take a part in issuing fatwa for their country. This article employs the normative juridical method with comparative studies. As a result, MUI cannot be converted into Darul Ifta. MUI with Darul Ifta has reached an advanced stage. The number of experts serving on the MUI fatwa committee is similarly limited. For example, until today, the MUI has only issued hundreds of fatwas, although Darul Ifta receives over 3500 - 4000 incoming fatwas per day. Mustafti or correspondents requesting Darul Ifta fatwas are not confined to local locals but also include outsiders. Members of the Fatwa Commission are indirectly, personally, and scientifically accountable for providing one-by-one responses to the fatwa requested by the correspondent after consulting Islamic legal sources and researching the social context in which the fatwa takes place.
Body Shaming Act as a Crime in Indonesian Criminal Law Erdianti, Ratri Novita; Wasis, Wasis; Samira, Echaib; Al-Fatih, Sholahuddin
JUSTITIA JURNAL HUKUM Vol 6 No 1 (2022): justitia jurnal hukum
Publisher : Universitas Muhammadiyah Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30651/justitia.v7i1.12791

Abstract

Body shaming is an act that often occurs in society. Body shaming is an act that refers to the activity of criticizing and commenting negatively on the physical or other person's body or the act of mocking / insulting a person's body shape or body size or someone's appearance. Often this body shaming is carried out only for jokes or jokes among the public, but basically if viewed from a criminal law perspective, basically this body shaming meets the criteria for a criminal offense in the defamation article regulated in the Criminal Code. criminal offense in contempt which can be punished by using article 315. Considering the legal rules regarding body shaming in the Criminal Code and outside the Criminal Code which in the regulation do not mention directly about body shaming, it is necessary to review the rules governing body shaming so that it does not give rise to multiple interpretations. The formulation of the problem in this study is the regulation of criminal acts in insulting body image (body shaming) in terms of the Criminal Code and Legislation Outside the Criminal Code. The method used in this article uses a normative juridical research method. Later this study will review the legal construction of the law on body shaming in criminal law in Indonesia. In the regulation of the Criminal Code, body shaming is regulated in the elements of a criminal act, article 315. In addition, Indonesia already has a number of rules that regulate behavior on the internet, such as Law No. 11 of 2008 concerning Electronic Information and Transactions, which was later amended in Law No. 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Transactions. Electronic (UU ITE)
Legal Obligations of Corporate Social Responsibility as Efforts to Improve the Image of Islamic Banking in Indonesia Hidayat, Asep Syarifuddin; Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Maggalatung, A Salman; Yunus, Nur Rohim
Samarah: Jurnal Hukum Keluarga dan Hukum Islam Vol 6, No 2 (2022): Samarah: Jurnal Hukum Keluarga dan Hukum Islam
Publisher : Islamic Family Law Department, Sharia and Law Faculty, Universitas Islam Negeri Ar-Raniry

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22373/sjhk.v6i2.12455

Abstract

: This study aims to identify and analyze Islamic banking policies in maintaining and even improving the image/reputation of Islamic banking and to contribute scientifically to CSR in Islamic banking based on national law and Islamic law. This study uses a qualitative normative legal research method with a conceptual, statutory, and sociological approach. The results of this study indicate that the image or reputation of Islamic banking is the beliefs or feelings of consumers or stakeholders about Islamic banking itself. The reputation of Islamic banking is respect, assessment, and even appreciation from consumers or stakeholders. Islamic banking in improving its image or reputation can be done through CSR. This study provides a descriptive picture of Islamic banking, in general, to provide quality programs through CSR. CSR activities by several examples of Islamic banking in Indonesia refer to the company's obligation to protect and contribute to the community and stakeholders where the company is located. The concept of CSR in Islam is implemented in 3 (three) models of responsibility, namely the relationship of responsibility to Allah SWT; responsibility to humans; and responsibility to the natural environment. The concept of CSR in Islamic banking is a necessity that needs to be implemented as a form of responsibility towards fellow humans and the environment.
History of The Development of The Principle of Delegatus Non-Potes Delegare and Its Implementation Al-Fatih, Sholahuddin; Fadli, Moh.
Arena Hukum Vol. 17 No. 1 (2024)
Publisher : Arena Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21776/ub.arenahukum.2024.01701.12

Abstract

The origin of the principle of delegatus non potes delegare is often debated in academic circles. This principle is essential because it is the basis for the origins of several policies and other legal rules, such as delegated legislation. This article traces the origins of the delegatus non potes delegare principle and the development of delegated legislation in several countries, including Indonesia. Using legal research methods with conceptual and historical approaches, this article finds that the delegatus non potes delegare principle was first used in Paris, France, in 1566. Thereafter, the use of the principle continued to develop until its implementation in delegated legislation. This article provides an overview of implementing delegated legislation in several countries, namely, the United States, United Kingdom, Germany, Netherlands, France, India, Nigeria, Australia, Indonesia and in one supra-national region, namely, the European Union. Three critical aspects must be considered in the implementation of delegated legislation: the arrangement, the supervisory body/institution, and the form of supervision.
Revitalizing Intellectual Property Rights in Indonesia: A Maqasid al-Sharia Perspective on Communal Ownership Disemadi, Hari Sutra; Al-Fatih, Sholahuddin; Silviani, Ninne Zahara; Rusdiana, Shelvi; Febriyani, Emiliya
AL-ISTINBATH : Jurnal Hukum Islam Vol 9 No 2 (2024)
Publisher : Institut Agama Islam Negeri Curup

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29240/jhi.v9i2.11039

Abstract

Indonesia's diverse cultural heritage significantly contributes to its economic growth, yet the current intellectual property system, based on Western principles, may not fully align with the country's cultural values. This research aims to enhance the legal framework for Indonesia’s communal intellectual property (CIP), by exploring the potentials brought by of Islamic law, particularly Maqasid al-Shariah. For this purpose, this research utilizes the normative legal research method, analyzing relevant norms within existing laws and Islamic legal doctrines, revealing conceptual correlations between Maqasid al-Shariah and CIP. This research also aims to addresses the common misconceptions regarding Maqasid al-Shariah is crucial for effectively utilizing Islamic law principles in Indonesia's legal system. The analysis demonstrates that communal intellectual property aligns with both Western IP principles and Islamic values, as it recognizes the importance of community welfare and individual benefits. Integrating Maqasid al-Shariah values into Indonesia's CIP legal framework can promote a more inclusive, equitable system that respects collective knowledge and cultural heritage while fostering innovation and creativity.
The Narrating Ontology Morality of Corruption Law in Indonesia Based on Islamic Value Sunaryo, Sidik; Purnamawati, Shinta Ayu; Jihadi, Muhammad; Al-Fatih, Sholahuddin
Jurnal Hukum Vol 41, No 1 (2025): Jurnal Hukum
Publisher : Unissula

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jh.41.1.133-156

Abstract

This article aimed to explain the ontology morality of corruption law in Indonesia from an Islamic value. The meaning of justice in the study of law contains the value of goodness and truth. The value of goodness has a home in the realm of 'taste,' which provides a foundation and direction towards the spirit of conscience. Philosophically, it must be done fundamentally, deeply, and thoroughly to the meanings of god's attributes in essence (ontology). The philosophical approach is one of the options for this article, besides the concept approach and doctrine (epistemology). Although realized, there is a firm limit to rational ability in providing the meanings of justice, certainty, and usefulness of the law. Limited ability shows 'dwarfity' and rational superiority under 'breadth' divine values and attributes. The ontology of legal morality in a country can be explored from its ideology, which is the source of basic values that guide the direction of the purpose of the establishment of a country. The constitution became a method to justify the realization of one's country's purpose. State ideology became the rail of formation, change, revocation, and enforcement of its laws. As a result, the goal of this analysis is to show how these religious beliefs strengthen legal frameworks, ensuring that corruption is viewed not only as a legal infringement but also as a serious moral breach that undermines society's well-being. To summarize, integrating Islamic moral concepts with corruption law increases the ethical foundations of legal systems, fostering both legal deterrence and moral accountability in governance.
Degradation of Authority and Institution of The Honorary Council Election Jamil, Jamil; Al-Fatih, Sholahuddin
Jurnal Mulawarman Law Review Vol 7 No 2: Mulawarman Law Review - December 2022
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/mulrev.v7i2.912

Abstract

This article discusses the position of the DKPP after the Constitutional Court Decision Number 32/PUU-XIX/2021 and the power of its decision. As is known, after the Constitutional Court Decision Number 32/PUU-XIX/2021, the DKPP Decision, which was originally final and binding, became unconstitutional if it was not interpreted as only binding on the President, KPU, Provincial KPU, Regency/City KPU and Bawaslu. The research method used is a legal research method using statutory approach, historical approach, and conceptual approach to be able to find new formulation of DKPP structuring design after Constitutional Court Decision Number 32/PUU-XIX/2021. The results of this study found that the weakening of the authority of the DKPP through the decision of the Constitutional Court Number 32 / PUU-XIX / 2021, should also be followed by the weakening of the DKPP institution, because after the final and binding character is weakened by the Constitutional Court, the DKPP no longer has the urgency to be used as a permanent institution. The Constitutional Court should affirm the institutional status of the DKPP as part of the institution exercising judicial power, so that the DKPP has a more definite status and its decisions remain final and binding.
A Does Media Play an Important Roles in Regional Election? A Pers Law Perspective ARIFIN, ZAINAL; Muhammad Ayman al-Akiti; Emi Puasa Handayani; Sholahuddin Al-Fatih
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.v24i1.5777

Abstract

This research aims to investigate the influence of press law regulations on political reporting in online media and to conduct a comparative study of press law regulations in countries that have experienced the development of online media in the political context. The research employs content analysis of political news in online media during the 2024 regional election campaign period to understand the extent of online media's influence in shaping public opinion and election outcomes. This research is expected to provide a clear vision of the role of online media in the political process and contribute new understanding to the legal regulations of the press needed to maintain the continuity of democracy.
Rethinking How Laws Are Made: Indonesia’s Legal Method Dilemma Al-Fatih, Sholahuddin; Shahzad, Sayed Khalid
Journal of Sustainable Development and Regulatory Issues (JSDERI) Vol. 3 No. 2 (2025): Journal of Sustainable Development and Regulatory Issues
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jsderi.v3i2.32

Abstract

This study analyzes the challenges in Indonesia’s law-making process, focusing on how poorly chosen drafting methods affect the quality of regulations. As a state governed by law, Indonesia relies on written legislation, which the Law on the Establishment of Legislation regulates. However, this law fails to provide clear direction on selecting the most effective law-making methods, leading to inconsistencies in legal outcomes. In response, this research adopts a conceptual and normative approach to examine various drafting techniques—Regulatory Impact Analysis (RIA), the ROCCIPI method, the omnibus law approach, and the potential use of artificial intelligence (AI). The study reviews legal documents and case examples, and evaluates the effectiveness of these methods by assessing the output and outcome of selected regulations. The findings show that the omnibus law model works well for codifying laws around specific themes, RIA strengthens economic lawmaking through evidence-based analysis, and the ROCCIPI method suits the drafting of regional regulations. The study also finds that AI can enhance the development of academic manuscripts in the legislative drafting process. Based on these findings, the study recommends amending the Law on the Establishment of Legislation to formally incorporate RIA and ROCCIPI methods and to provide guidelines for using AI in legal drafting. By adopting a more integrated and strategic approach, Indonesia can improve the quality, coherence, and responsiveness of its legal system.
The Church's Rejection in Cilegon: The Perspective of Freedom of Religion Adzimi, Muhammad Wildan Ramadhan; Al-Fatih, Sholahuddin
Hang Tuah Law Journal VOLUME 9 ISSUE 1, APRIL 2025
Publisher : Fakultas Hukum Universitas Hang Tuah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30649/htlj.v9i1.285

Abstract

Freedom of religion is a right guaranteed by law, including the right to establish places of worship for the safe and peaceful practice of religion. Given the potential for conflict between religious communities, the government must accommodate these needs fairly and without favouring any particular group. This study aims to analyse the application of freedom of religion in the establishment of houses of worship in Cilegon City based on applicable laws and regulations and to find a fair solution for all parties in order to create a more inclusive and effective policy to ensure the right to worship for all citizens without discrimination and not to create conflict between religious communities. In conducting this research, a normative research method was used, namely by analysing existing and applicable laws and regulations, then reviewing how they are applied in society. In this case, it was found that there are values in the regulations that do not apply in society, namely that there is rejection in the establishment of houses of worship of certain religions by the surrounding community. On the other hand, an in-depth analysis is needed and the aspirations of the rejecting community must be accepted so that justice is created and does not cause conflict between religious communities.
Co-Authors A Salman Maggalatung, A Salman Aan Eko Widiarto Abdul Chalim Abdul Kadir Abdullah, Umar Abdurrahman Raden Aji Haqqi Abdurrahman Raden Aji Haqqi Adzimi, Muhammad Wildan Ramadhan Afrizal Mukti Wibowo Ahmad Faiz Alamsyah Ahmad Murtadho Ahmad Siboy Aisya Sanghra Devi Nugraha Akmal Maulana N. M. Ali Roziqin AllahRakha, Naeem Andre Purnairawan Angelina Lucky Rahmawati Aristo Arie Notoprojo Asep Syarifuddin Hidayat, Asep Syarifuddin Asrul Ibrahim Nur Asrul Ibrahim Nur Asrul Ibrahim Nur Asrul Ibrahim Nur Asyari, Muhammad Dahlan Aulia, Farihan Bayu Aji Satria Bernieka Nur Annisa Borsa, Merve Ozkan Brillian Gustama Catur Wido Haruni Cony Dehas Ratna Devi David Pradhan Devi Triasari Dhia Al Uyun, Dhia Disemadi, Hari Sutra Eliza Putri Sanggarwati Emi Puasa Handayani Ezzerouali, Souad Fachry Ahsany Fadli, Moh. Fadloli Falah Parama, Jovial Farihan Aulia Fatha Khaira Annajid Elfauzi Febriyani, Emiliya Felinda Istighfararisna Aulia Firyal Azelia Nasera Fitria Esfandiari Fuadi, Abdul Basid Gustama, Briliant Hany Krisna Priratna Haris Haris, Haris Hasnan Bachtiar Hayat, Muhammad Jihadul Hendra Saputra Jaya Hilaire Tegnan Himawan Estu Bagijo . Hirmo, Meelika Hussain, Mohammad Azam Isdian Anggraeny Isma Novalia Firdha Susanto Jade, Adinda Putri Jamil Jamil Jamil Jamil Jauhar Nashrullah Jihadi, Muhammad Jovial Falah Parama Khoshim ugli, Madiev Fakhriddin Kukuh Tejomurti Kurniawan, Kukuh Dwi Ladiqi, Suyatno Luthfillah Arrizqi Zainsyah Mabarroh Azizah Makmun, Fatimatuz Zakiya Marwa, Muhammad Habibi Miftakhul Maynanda Shadrina Meilana Rifqi, Achmad Daffa Merve Ozkan Borsa Moch. Zairul Alam Moh. Iqra Syabani Korompot Mohammad Affan Mohammad Affan Mohammad Al An'imat Mohammad Fadli Mohammad Syahrul RA Mohd Ali, Adi Syahid Muchamad Ali Safaat Muhammad Ayman al-Akiti Muhammad Nur Mujib, M Misbahul Mujibur Rahman Khairul Muluk Najella Zubaidi Niken Nendy Istaqnaligh Sanda Nilasari Nilasari Nur Putri Hidayah Nur, Asrul Ibrahim Prakasa, Satria Unggul Wicaksana Putra, Marsudi Dedi Putri, Diah Nadia Rama Thimoty Sanjaya Ranendra, Bagas Raras Verawati Ratri Novita Erdianti Regy Gusti Pratama Resti Dian Luthviati Rety Bella Octavya Zain Rifan T, Vicko Wahyu Risky, Saiful Rusdiana, Shelvi Rustamovich, Bekov Ikhtiyor Saiful Risky Salsabila, Mutiara Shaquila Samira, Echaib Sarita Satria Unggul Wicaksana Prakasa Sayed Khalid Shahzad Shahzad, Sayed Khalid Shinta Ayu Purnamawati Shohib Muslim Sidik Sunaryo Silviani, Ninne Zahara Sinha, Sara Sirajuddin Sukarmi, Sukarmi Suprayitno, Wasis Surya Anoraga Syahra Ramadhani Syariful Alam Tajrim, Muhammad Ikhsan Taufiqur Rahman Shaleh Thahir, Putri Shafarina Tinuk Dwi Cahyani Triya Indra Rahmawan Tuan Sembok, Tuan Muhammad Zukri Ulfa Arinta Virga Dwi Efendi Wahyudi Kurniawan Wasis Suprayitna Wasis Suprayitno Wasis Wasis Wimbi Vania Riezqa Salshadilla Yaris Adhial Fajrin Yunus, Nur Rohim Yusro, Mochammad Abizar Yusuf Hamdika Zainal Arifin Zaka Firma Aditya Zaka Firma Aditya Zaka Firma Aditya Zaka Firma Aditya zaka firma aditya, zaka firma Zakaria Saxon