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The Role of Religious Courts in the Application of Islamic Law in the Field of Sharia Pawnbroking Revalina Putriyana Faza; Wahyu Nur Hidayah; Royyan Ulya Safiinatun Najah; Sofia Nuraini; Mohammad Omar Hanif; Mohammad Fanny Amrullah; Albryan Wahyu Putra Sejati; Naufal Farid Giovani; Abdullah Tri Wahyudi
Sujud: Jurnal Agama, Sosial dan Budaya Vol. 2 No. 2 (2026): MEI 2026
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/xc1bqp31

Abstract

This study aims to analyse the role of the Religious Court in the application of Islamic law in the field of Islamic pawnbroking. Islamic pawnbroking (rahn) serves as an alternative to the conventional pawnbroking system, free from usury and based on the principles of justice, transparency and mutual assistance. In practice, Islamic pawnbroking utilises various contracts such as rahn, ijarah, qard, mudharabah, and bai’ muqayyadah, tailored to the needs of the customers. This study employs a normative legal research method using a literature review (library research) approach, through an examination of legislation, DSN-MUI fatwas, the Compilation of Sharia Economic Law (KHES), academic journals, and literature relevant to the sharia economy and the jurisdiction of the Religious Courts. In line with the expansion of the Religious Courts’ jurisdiction under Law No. 3 of 2006, Islamic economic disputes, including Islamic pawnbroking, have become the exclusive jurisdiction of these courts. The research findings indicate that the Religious Courts not only act as dispute resolvers but also provide legal reinforcement, legal certainty, and judicial oversight over Islamic pawnbroking practices. The existence of the Religious Courts has led to increased public trust, institutional professionalism, and the institutionalisation of Islamic economic law within the national legal system. Furthermore, these powers have helped to promote the standardisation of contractual practices and institutional compliance with Sharia principles. However, challenges remain in the form of limited human resource capabilities and low levels of legal literacy regarding Islamic economics among the public.
Ultimum Remedium in Environmental Criminal Law Enforcement Aprilia Dyah Puspitasari; Abdullah Tri Wahyudi; Wardah Yuspin
Jurnal Ilmu Sosial dan Humaniora Vol. 2 No. 1 (2026): JANUARI-MARET
Publisher : Indo Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63822/hyx9vc50

Abstract

In environmental cases, some have adopted the principle of Ultima Ratio as a last resort to address the problem. The aim is to enforce environmental law, distinct from criminal law enforcement, and to apply the Ultimum Remedium Principle of Environmental Law according to Positive Law. This study employs a normative juridical method and literature-based data collection techniques. The results of the Research are the principle of ultimum remedium (last resort) in resolving environmental criminal cases. In 2024, police case files at the investigation stage were not completed for 187 cases, and in 2025, case files in Pegcourt were not completed for 21 cases. The criminal process involves police reports, stalking investigations at the prosecutor's office, and court verdicts. Ultimum Remedium is invoked to encourage settlement through mediation. In 2024, there will be 32 cases outside the Court with agreements, and in 2025, 38 cases with contracts and negotiations. The conclusion is that the Law and Government Regulation on Environmental Management regulates environmental law enforcement through criminal law. Under government regulations, environmental damage can be subject to administrative, civil, and criminal penalties. In addition, the term Ultimum Remedium encourages mediation through agreements or negotiations.