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All Journal Budapest International Research and Critics Institute-Journal (BIRCI-Journal): Humanities and Social Sciences YURISDIKSI : Jurnal Wacana Hukum dan Sains NUSRA: Jurnal Penelitian dan Ilmu Pendidikan Concept: Journal of Social Humanities and Education Jurnal Ilmu Sosial, Pendidikan Dan Humaniora Fusion : Jurnal Pengabdian Kepada Masyarakat An-Nafis: Jurnal Ilmiah Keislaman dan Kemasyarakatan BEGAWE: Jurnal Pengabdian Masyarakat Jurnal Jurisprudence
M. Junaidi
Unknown Affiliation
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Health Professions Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Mathematics Public Health Social Sciences Other

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Journal : YURISDIKSI : Jurnal Wacana Hukum dan Sains

 1 
A View of Civil Law and Islamic Law on the Practice of Surrogate Mother Muhammad Ridwan; M. Junaidi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 4 (2024): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i4.215

Abstract

IVF is one of the modern methods that can help legal couples obtain children. Both Indonesian Civil Law and Islamic Law allow this practice. Still, it must be carried out based on the provisions, namely by involving couples who are legal in the eyes of the law. IVF carried out through surrogate motherhood is prohibited by both positive law and Islamic law because its existence can disrupt lineage. Children born from this practice are not considered legitimate due to confusion and ambiguity during the process. This research is a normative juridical literature study that is processed based on primary and secondary legal sources consisting of primary, secondary, tertiary legal materials, and non-legal materials with the aim of: 1) Understand how Indonesian civil law and Islamic law view the issue of surrogate mothers; and 2) Knowing how the guardianship status of IVF children born through surrogacy practices. It was found that both Positive Law and Islamic Law prohibit the practice of IVF with surrogate mothers because it results in legal confusion for the child. This research is expected to contribute to further research, especially research that raises the theme of IVF.
Underage Murder Case Against Robbers in the Perspective of Criminal Law and Islamic Criminal Law Tanuhita Kumara Putri Azalia Sukoco; M. Junaidi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 4 (2024): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i4.217

Abstract

This research explores legal issues related to perpetrators of child abuse with a focus on the analysis of the decision of the Kepanjen District Court (Number: 1/Pid.Sus-Anak/2020/PN.KPn). The crime of abuse, which involves an attack on another individual with the aim of torturing or oppressing, has serious implications in criminal law and Islamic criminal law. The research uses a statutory and case approach, exploring normative and doctrinal aspects of Indonesian and Islamic law that are relevant to the case. The main data is obtained from primary legal materials such as the 1945 Constitution, Criminal Code, Law Number 11 of 2012, Law Number 35 of 2014 concerning Child Protection, as well as Islamic legal sources such as the Qur'an and Hadith and also secondary legal materials such as books, articles, journals, and other scientific works. By using deductive analysis, this research aims to provide an overview and solution to legal problems that occur, especially regarding legal protection for minors who commit persecution as a form of defense that causes the death of begal both according to criminal law and Islamic law. This study found that children who commit persecution against begal until they die, both criminal law and Islamic law both agree that minors can only be sentenced as a last resort and must still pay attention to the best interests of the child. In juvenile law, research considers psychological factors, the need for compassion, and rehabilitation efforts to achieve balanced justice. This research contributes to the understanding of criminal law and Islamic criminal law related to cases of sexual abuse, especially those involving underage offenders.
Islamic Law in the Rule of Sadd Adz-Dzari'ah on the Transfer of Agricultural Land Function to Housing in Grobogan Alifannisa Shella Hermininda; M. Junaidi
YURISDIKSI : Jurnal Wacana Hukum dan Sains Vol. 19 No. 4 (2024): March
Publisher : Faculty of Law, Merdeka University Surabaya, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55173/yurisdiksi.v19i4.218

Abstract

This research provides an in-depth exploration of Islamic legal aspects related to the conversion of agricultural land into residential areas, with a focus on the principle of Sadd Adz-Dzari'ah. This principle serves as the primary foundation for the research, playing a crucial role in regulating the land transformation process and establishing legal boundaries that must be adhered to. Through a case study conducted in the Grobogan Regency, this research aims to evaluate the application of the Sadd Adz-Dzari’ah principle in the context of agricultural land conversion. The research methodology employs a qualitative approach, utilizing in-depth interviews and document analysis. The collected data is analyzed using content analysis techniques to identify patterns and key themes related to the implementation of the Sadd Adz-Dzari’ah principle in land conversion. The main objectives of this study include gaining a profound understanding of the principle, evaluating its implementation in the conversion of agricultural land to residential areas in Grobogan Regency, analyzing the social, economic, and environmental impacts of the land-use changes, and presenting policy recommendations to enhance justice and sustainability, considering Islamic values. The research found that Islam with its sadd adz-dzariyat concept does not prohibit the conversion of agricultural land into housing as long as it provides maslahat for the community and is carried out based on existing statutory provisions and instead encourages the utilization of agricultural land for various purposes so that the land is not neglected and eventually dies without being utilized. Thus, this research is expected to significantly contribute to understanding the relevance and implementation of the Sadd Adz-Dzari’ah principle in the context of changing land use in rural communities. It also aims to provide a foundation for better policies aligned with Islamic values.
Co-Authors Alifannisa Shella Hermininda Amaylia Noor Alaysia Budiwati, Septarina Fitri Dzakiyya Intan Adila Johan Wahyudi Labib Muttaqin Mariawati Muhammad Ridwan Muhammad Saleh Mustofa, Rochman Hadi Rizka Rizka Tanuhita Kumara Putri Azalia Sukoco Zaifatur Ridha