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EFFECTIVENESS OF MEDIATION IN THE DISPUTE RESOLUTION OF ISLAMIC ECONOMICS IN INDONESIAN RELIGIOUS COURTS Setyowati, Ro’fah; Musjtari, Dewi Nurul; Susilowati, Indah
Journal of Islamic Law Studies Vol. 2, No. 3
Publisher : UI Scholars Hub

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Mediation is a mandatory procedure in the resolution of civil cases in the courts since 2003. In the implementation of the Islamic banking dispute settlement after the Constitutional Court decision No. 93 / PUU-X / 2012 in the Religious Courts, mediation mechanisms demonstrates increasing success, to an average of 10%. Based on this phenomenon, it is important to do research to know the depth of the effectiveness of mediation in the settlement of disputes in the Indonesian Religious Courts. This study aims to discover the reasons for the selection of mediation as a dispute resolution mechanism syariah economic cases, and to analyze the factors that may affect the success of mediation in the Religious Courts in Indonesia. Some theories used to analyze in this research is the theory of operation of the law by Robert B. Seidman and sibenertika theory of Talcot Parson, as well as the effectiveness of law enforcement concepts according Soerjono Soekanto. This study is a socio-legal or juridical empirical research, using qualitative analysis and approach to philosophical, historical, and juridical. Based on this research, it was found that the concept of mediation is appropriate to be applied to the Religious Courts in Indonesia. It thus known from the cultural aspects of law enforcement with the parties to the dispute in the Religious Courts. Moreover, the attitudes of the Muslim community who like peace provide a positive stigma and support to the judiciary, as well as encourage the compliance of parties to implement the decision. Professionalism among judges as mediators maintained sidiq nature, mandate, sermons and fathonah is one of the factors that influence the success of mediation Religious Courts in Indonesia.
Legal Culture and Legal Consciousness of Consumers: The Influence on Regulation and Enforcement of Consumer Protection Laws Fibrianti, Nurul; Santoso, Budi; Setyowati, Ro’fah; Rindyawati, Yuli
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.v8i2.69336

Abstract

Consumer protection, vital for those who consume goods and services without the intent of resale, relies on government intervention through regulatory frameworks. These regulations play a pivotal role in shaping consumer behavior, referred to globally as consumer legal culture, influenced by diverse societal backgrounds. The effectiveness of such regulations depends on alignment with consumer values. This article scrutinizes consumer behavior in Indonesia, Spain, and Australia, each characterized by unique cultures impacting consumer conduct and regulatory development. In Indonesia, consumer behavior diverges, displaying a tendency toward weaker self-protection. Despite cultural diversity, consumer awareness of product scrutiny is deficient. Affordability often outweighs safety and quality considerations, reflecting a broader trend. Legal awareness is low due to insufficient education on consumer rights. Weaknesses in consumer protection regulations and inconsistent enforcement contribute to perceptions of inadequate safeguards. Globally, varied social and cultural conditions shape consumer behavior, emphasizing the common challenge of fostering awareness for product safety and quality. The article underscores the need for culturally sensitive approaches in formulating and enforcing consumer protection measures to address diverse challenges. In summary, understanding consumer behavior in distinct cultural contexts is crucial for effective consumer protection, necessitating tailored regulatory strategies to ensure product safety and quality on a global scale.
Tinjauan Hukum Islam terhadap Larangan Perkawinan Sepersusuan dan Implikasinya dalam Genetika Ahadiyyah, Hamidah Sa’adatul; Setyowati, Ro’fah
Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton Vol. 11 No. 1 (2025): Sang Pencerah: Jurnal Ilmiah Universitas Muhammadiyah Buton
Publisher : Lembaga Jurnal dan Publikasi Universitas Muhammadiyah Buton

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35326/pencerah.v11i1.6652

Abstract

Pandangan Islam, perkawinan bukan sekedar perjanjian biasa. Perkawinan adalah akad yang sangat kuat atau perjanjian yang kokoh (mitsaaqaan ghaliizhaan). Perkawinan harus memperhatikan syarat dan rukun agar dapat dikatakan sah menurut hukum. Penelitian ini bertujuan untuk mengidentifikasi dasar-dasar hukum yang mendasari larangan tersebut dalam ajaran Islam, serta mengevaluasi alasan-alasan ilmiah dan genetis yang mendukung ketentuan ini. Penelitian ini menggunakan pendekatan yuridis normatif, di mana fokusnya adalah menganalisis berbagai data sekunder, termasuk peraturan perundang-undangan dan norma-norma positif yang berlaku, khususnya terkait larangan perkawinan antara seseorang dengan saudara sepersusuannya. Berdasarkan hasil kajian penelitian, pernikahan sepersusuan dilarang dalam Islam karena memiliki dampak medis dan genetika. ASI mengandung Micro-RNA (miRNA) yang dapat mempengaruhi sintesis protein dan menciptakan hubungan genetis antara saudara sepersusuan. Islam melarang pria menikahi wanita yang menyusuinya, saudara sepersusuan, serta kerabat dekat sesusuan. Ulama menetapkan hubungan sepersusuan sah jika bayi menerima ASI sebelum usia dua tahun sebanyak 3 hingga 5 kali susuan yang mengenyangkan. Dari segi genetika, perkawinan sepersusuan dapat meningkatkan risiko kecacatan akibat dominasi sifat negatif dalam kode genetik.
Strengthening Legal Certainty of Marriage Contract (Ijab Kabul ) via Telecommunications in the Digital Era and Its Alignment with Sustainable Development Goal : Case of Indonesia Muhyidin; Setyawan, Budi; mohiddin, Mas nooraini hj; Setyowati, Ro’fah; Musyafah, Aisyah Ayu; Sarono, Agus; Islamiyati
Pandecta Research Law Journal Vol. 20 No. 1 (2025): June, 2025
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/pandecta.v20i1.13645

Abstract

This research investigates the legal implications and challenges of adapting ijab kabul (Islamic marriage contract) to the digital era in Indonesia. The rise of telecommunications technologies—especially video calls—has enabled remote marriages during the COVID-19 pandemic and in geographically separated contexts. While digital ijab kabul offers efficiency and broader access, questions persist regarding its legal validity, potential for fraud, and regulatory ambiguity. Currently, Indonesia’s Marriage Law No. 1 of 1974 requires physical presence for marriage to be legally valid. However, the Indonesian Ulema Council (MUI) has issued a fatwa allowing digital ijab kabul under specific conditions: real-time audiovisual communication, verified identities, and a shared session (ittihad al-majlis). These criteria demonstrate partial acceptance of digital presence under Islamic law, yet lack binding legal force. Using a normative juridical approach, this study analyzes statutory law, Islamic legal doctrines, and international comparisons with countries like Malaysia, Saudi Arabia, and the UAE. These nations have developed legal frameworks for digital marriage by enforcing identity verification (biometrics, e-signatures) and procedural integrity. The study proposes that Indonesia revise Article 26 of the Compilation of Islamic Law (KHI) to explicitly recognize digital ijab kabul, harmonizing it with Law No. 11/2008 on Electronic Information and Transactions (ITE Law). By formally acknowledging digital presence within ittihad al-majlis, Indonesia can ensure greater legal certainty and protect vulnerable parties. This legal reform supports Sustainable Development Goal (SDG) 16 by promoting access to justice, enhancing legal institutions, and fostering trust in digital innovations within religious and civil legal systems.
Realizing the Trinity of Pancasila Justice: A Socio-Legal Study of a Community-Based Conflict Resolution Ahmad Saparwadi; Priyono, FX Joko; Setyowati, Ro’fah
Jurnal Mulawarman Law Review Vol 10 No 2 (2025): Mulawarman Law Review - December 2025
Publisher : Faculty of Law, Mulawarman University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30872/

Abstract

Public conflicts involving both religious and economic sentiments, such as the case of the "religious seller" (Gus Miftah) and the "ice tea seller," (Sunhaji) present unique challenges that are often difficult to resolve through formal law. This study aims to analyze the settlement of cases between religious sellers and iced tea sellers based on Pancasila justice. The type of research used is normative-empirical research with a philosophical, conceptual, and socio-legal approach. The legal materials used are primary and secondary, which are then analyzed using qualitative descriptive techniques. The results of the study show that the settlement of cases between religious sellers and ice tea sellers reflects the values of Pancasila justice because it is able to provide substantive justice for the parties. This is based on the mechanism of case settlement through deliberation, which is part of the values of divine justice and humanity and also society, one of which is mutual forgiveness between the two parties. The religious seller received social sanctions from the community for his insults, which were considered a warning from God and the community. Meanwhile, the iced tea seller received rewards from God and society in the form of material and immaterial support for what he experienced. Thus, this case represents justice for both parties in the context of Pancasila justice, which encompasses divine, humanitarian, and social justice.
PERSEPSI MASYARAKAT TERHADAP PEMASANGAN LAMPU TENAGA SURYA DI DESA KEBONDOWO (PROGRAM IDBU): SURVEI KEPUASAN DAN HAMBATAN Isnanto, R Rizal; Prastawa, Heru; Purbowati, Endang; Setyowati, Ro’fah; Dwidiyanti, Meidiana; Wisnaeni, Fifiana; Setiadji, Bagus Hario; Wijayanto, Dian; Kurnia, Dita Juni
Jurnal Abdi Insani Vol 12 No 12 (2025): Jurnal Abdi Insani
Publisher : Universitas Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.29303/abdiinsani.v12i12.2950

Abstract

Global warming and the increasing demand for electricity have strengthened the urgency to introduce environmentally friendly technologies at the community level. Kebondowo Village, located in Banyubiru Sub-district, remains limited in nighttime lighting access and relies heavily on conventional electricity, indicating the need for an efficient and sustainable renewable-energy alternative. In response to this condition, Universitas Diponegoro initiated the Iptek Desa Binaan Undip (IDBU) program through the installation of solar-powered street lights across seven hamlets from July to August 2025 as an early effort to support the development of an environmentally friendly village. The objectives of this program were to improve the quality of village lighting, reduce dependence on conventional energy, increase community awareness of renewable energy use, and evaluate the level of public acceptance of the installed technology. The evaluation was conducted using surveys and semi-structured interviews with 40 adult residents, representing diverse professions and age ranges from 28 to 69 years old (mean age 48), to assess user perceptions, perceived benefits, and expectations for program sustainability. The results showed a highly positive response, with 97% of respondents agreeing with the installation of solar lighting and reporting direct benefits, including improved comfort, safety, and energy efficiency during nighttime activities. Furthermore, most residents expressed their expectation for the expansion of solar-powered street lights across all hamlets. These findings confirm that renewable-energy technology has a high level of social acceptance, effectively improves the community’s quality of life, and holds strong potential to be developed as a sustainable program based on rural community empowerment.  
NAVIGATING FATWA-TO-REGULATION TRANSFORMATION IN ISLAMIC FINANCE: CHALLENGES AND INNOVATIONS POST-OMNIBUS LAW 2023 Karni, Asrori S.; Setyowati, Ro’fah; Sa'adah, Nabitatus; Adzkia, Maula Azharil
Diponegoro Law Review Vol 10, No 2 (2025): Diponegoro Law Review October 2025 (in progress)
Publisher : Fakultas Hukum, Universitas Diponegoro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/dilrev.10.2.2025.157-172

Abstract

The transformation of fatwas into regulations in the financial sector has been widely studied, but there is a lack of analysis on the dynamics following the 2023 Omnibus Law, particularly regarding the implementation of DSN-MUI Fatwa No. 153/2022 on Early Settlement of Murabahah Debt. This study addresses this research gap by employing a normative legal approach, supplemented by empirical observations at two Islamic financing institutions. The findings reveal that, although the fatwa has been disseminated through three annual forums and incorporated into OJK (Financial Services Authority) guidelines, it has yet to attain legal finality as a binding regulation. The first institution continues to follow the earlier fatwa, citing insufficient legal certainty in the new regulation, and maintains a non-discounted early repayment model. In contrast, the second institution, which has long provided early settlement discounts, finds the OJK guideline’s calculation formula commercially inequitable. As a result, they developed an alternative simulation model to remain Sharia-compliant while ensuring business competitiveness. The novelty of this research lies in its exploration of on-the-ground regulatory interactions and its proposal for a legal codification framework based on feedback from industry stakeholders. This study recommends a more flexible and adaptive model for the fatwa-to-regulation transformation, attuned to operational realities. A sustained tripartite dialogue between fatwa authorities, regulators, and industry players is crucial to navigating field complexities and ensuring that regulations uphold Sharia principles while fostering sustainable business practices.