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TANGGUNG JAWAB HUKUM ANGGOTA MILITER DALAM KASUS KORUPSI MELALUI PERADILAN KONEKSITAS ANTARA KPK DAN TNI Mohammad Mahmudi; Ludfi Ludfi
HUNILA : Jurnal Ilmu Hukum dan Integrasi Peradilan Vol. 2 No. 1 (2023): HUNILA : Jurnal Ilmu Hukum & Integrasi Peradilan
Publisher : Institut Agama Islam Negeri Fattahul Muluk Papua

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53491/hunila.v2i1.672

Abstract

Corruption is a serious threat to development, social stability and public trust in government. The involvement of members of the military in corruption cases is a serious concern, given the strategic role played by the military in maintaining national security. This article describes the urgency of judicial connectivity between the Corruption Eradication Commission (KPK) and the Indonesian National Armed Forces (TNI) in handling corruption cases involving members of the military. The research uses normative legal analysis methods by collecting data through literature studies, recognizing the legal responsibilities of military members in cases of corruption under existing regulations. This article also analyzes legal challenges that arise, such as hierarchies and loyalties within military institutions, which can affect the judicial process. The establishment of a judiciary connection between the KPK and the TNI is considered important to maintain the integrity of military institutions, ensure transparency in the handling of corruption cases, and strengthen the eradication of corruption. overall. The advice given is to strengthen cooperation between the KPK and the TNI and to increase the capacity of connectivity court judges to respond to legal challenges that arise in the handling of corruption cases for members of the military.  
PEMBERDAYAAN EKONOMI SANTRI MELALUI KOPERASI PESANTREN: ANALISIS HUKUM ISLAM PADA PONDOK PESANTREN AN-NAHDLOH MALAYSIA Masudi; Mohammad Mahmudi; Masudi; Mohammad Mahmudi
Al Maqashidi : Jurnal Hukum Islam Nusantara Vol. 9 No. 1 (2026): Al Maqashidi : Jurnal Hukum Islam Nusantara
Publisher : UNIVERSITAS NAHDLATUL ULAMA SUNAN GIRI

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32665/almaqashidi.v9i1.6737

Abstract

This study aims to analyze the Islamic law perspective on the development of cooperative entrepreneurship at An-Nahdlah Islamic Boarding School in Selangor, Malaysia. The growth of the sharia economy has encouraged Islamic boarding schools not only to function as religious educational institutions but also as centers for social and economic empowerment through sharia-based cooperatives. This research employs a qualitative method with a normative-empirical approach. The normative approach examines Islamic legal principles related to sharia cooperatives, while the empirical approach is conducted through interviews with school leaders, cooperative managers, and related parties. Secondary data were obtained from books, scientific journals, cooperative documents, and Islamic economic law literature. The findings show that the cooperative operates several business units, including consumer services, student canteens, literacy development, and entrepreneurship education. Its management applies the principles of deliberation, togetherness, and student economic empowerment. From the perspective of Islamic law, the cooperative is in accordance with the principles of syirkah, ta‘āwun, justice, and maqāṣid al-syarī‘ah because it is oriented toward public welfare and community prosperity. The cooperative also seeks to avoid riba, gharar, and maysir through the implementation of sharia contracts. Supporting factors include a religious environment and support from Nahdlatul Ulama organizations, while obstacles include limited capital, weak management professionalism, and regulatory challenges.
An Islamic Economic Law Analysis of the Mudharabah Muqayyadah Contract at Toko Madura Riska in Jakarta Siti Maisun; Mohammad Mahmudi
Indonesian Journal Economic Review (IJER) Vol. 6 No. 2 (2026): June
Publisher : Divisi Riset, Lembaga Mitra Solusi Teknologi Informasi (L-MSTI)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59431/ijer.v6i2.858

Abstract

This study examines the implementation of the mudharabah muqayyadah contract at Toko Madura Riska in Jakarta from the perspective of Islamic Economic Law. The research aims to analyze the practice of the contract and assess its compliance with Sharia principles. This study employed a qualitative method with an empirical juridical approach. Data were collected through interviews, observations, and documentation involving the capital owner and the business manager. The findings show that the partnership is conducted between a capital owner and a business manager with a capital investment of IDR 85,000,000. Profits are shared equally (50:50) and distributed monthly. The practice has fulfilled several essential elements of a mudharabah muqayyadah contract, including the existence of contracting parties, clear capital, and an agreed profit-sharing ratio. However, the contract is conducted orally without written documentation, and business losses are borne by the manager regardless of negligence. These practices are not fully consistent with the principles of Islamic Economic Law. Therefore, the implementation of the mudharabah muqayyadah contract at Toko Madura Riska can be categorized as partially compliant with Sharia principles and requires greater contractual clarity and transparency.
Legal Problems of Gold-Indexed Land Pawn Practices in the Perspective of Islamic Economic Law: An Empirical Study in Tlonto Ares Village, Pamekasan Regency Rian Hidayatullah; Mohammad Mahmudi
Journal of Indonesian Islamic Studies Vol. 5 No. 2 (2026): Journal of Indonesian Islamic Studies (April)
Publisher : Postgraduate Program of the State Islamic Institute of Palopo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24256/jiis.v5i2.11443

Abstract

This study examines the practice of gold-indexed land pawning in Tlonto Ares Village, Pamekasan Regency, and analyzes its compatibility with the principles of Islamic Economic Law. The study addresses an important gap in the literature, as existing research on land pawn transactions has primarily focused on collateral utilization and the general legality of rahn, while limited attention has been given to gold-based debt valuation in rural community transactions. This research employs an empirical legal method with a qualitative socio-juridical approach. Data were collected through observation, in-depth interviews, and documentation involving pledgors (rahin), pledge holders (murtahin), religious leaders, community figures, and village officials. The findings reveal that land is used as collateral, while the debt value is converted into a specific quantity of gold at the time of contract formation and repayment is adjusted according to prevailing gold prices at redemption. During the contract period, the pledge holder also retains control over and benefits from the pledged land. The study identifies a dual-benefit structure in which the pledge holder gains both economic protection through gold indexation and additional benefits from land utilization. From the perspective of Islamic Economic Law, this practice partially supports the objective of wealth protection (ḥifẓ al-māl) by preserving the real value of debt. However, it also raises significant concerns regarding riba, gharar, contractual imbalance, and potential economic exploitation. Viewed through the framework of maqāṣid al-sharī‘ah, the practice reflects a tension between wealth protection and the realization of justice (al-‘adālah) and public welfare (maslahah). This study contributes to Islamic Economic Law scholarship by demonstrating that the legal assessment of community-based pawn transactions must extend beyond formal contractual validity to include substantive justice, proportional benefit distribution, and broader socio-economic welfare.
FREEDOM OF ASSOCIATION AND ITS LIMITATIONS: RECONSTRUCTION OF THE REGULATION OF SOCIETY ORGANIZATIONS FROM THE PERSPECTIVE OF CONSTITUTIONAL LAW MOHAMMAD MAHMUDI; Habibus Shalihin; Fathor Rahman
Res Nullius Law Journal Vol. 8 No. 2 (2026): Volume 8 No. 2 Juli 2026
Publisher : Fakultas Hukum Universitas Komputer Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34010/rnlj.v8i2.19206

Abstract

Freedom of association is a constitutional right guaranteed by the 1945 Constitution of the Republic of Indonesia as a fundamental element of democracy and the rule of law. Civil society organizations represent a concrete manifestation of this right and serve as an important channel for public participation in social and political life. However, in constitutional practice, the exercise of freedom of association does not always conform to constitutional values. Various deviations in the activities of civil society organizations that potentially disturb public order and citizens’ sense of security indicate weaknesses in the existing regulatory and supervisory framework. This study aims to examine the constitutional limitations of freedom of association and to formulate a reconstruction of the regulation of civil society organizations from a constitutional law perspective. The research employs a normative legal research method, using a statutory approach, a conceptual approach, and a case approach. The statutory approach is applied to analyze constitutional provisions and legislation governing civil society organizations, the conceptual approach is used to examine doctrines of freedom of association and its limitations within a democratic rule-of-law framework, while the case approach focuses on relevant decisions of the Constitutional Court. The study finds that freedom of association is not an absolute right but one that entails social and constitutional responsibilities. Accordingly, the state has a constitutional obligation to regulate this freedom proportionally in order to balance the protection of human rights with the public interest. The reconstruction of the regulatory framework should emphasize responsible freedom of association, strengthen mechanisms for establishment and supervision, and ensure law enforcement based on the principle of due process of law. A constitutionally grounded reconstruction is expected to reinforce the role of civil society organizations as constructive pillars of democracy and the rule of law in Indonesia.