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All Journal LAW REFORM Al-Ahkam Al-'Adl Jambe Law Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan Volksgeist: Jurnal Ilmu Hukum dan Konstitusi JURIS (Jurnal Ilmiah Syariah) International Journal of Law and Society
Masum, Ahmad
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage Nur Hadi, Mukhammad; Ali Sabri, Fahruddin; Masum, Ahmad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7352

Abstract

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.
Problems of Legal Implementation of the Criminal Offense of Spreading Fake News and Hate Speech in Papua Budiyanto, Budiyanto; Masum, Ahmad; Aidonojie, Paul Atagamen; Aslan, Jamal
LAW REFORM Vol 20, No 2 (2024)
Publisher : PROGRAM STUDI MAGISTER ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS DIPONEGORO SEMARANG

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/lr.v20i2.64881

Abstract

Social media users throughout the world are growing rapidly, to the point where they can cause commotion in society, in this case the state is present to overcome the commotion that occurs through a set of special regulations regarding the spread of fake news and hate speech. However, in law enforcement practices, specifically at the Papua Regional Police, there is still misleading between the limits of freedom of opinion and the offense of spreading fake news and hate speech. This research will analyze the strict limits in law enforcement regarding the criminal offense of spreading fake news and hate speech with freedom of expression in Papua. This research uses normative juridical research methods. The research results show that the problem of spreading fake news and hate speech in Indonesia has been regulated in various regulations, but its implementation still does not provide a sense of justice for victims. Judges' sentences tend to be lower than the demands, so the perpetrator's sentence is still too light. Especially related to actions that cause riots or conflict in Papua. So regarding the offense of spreading fake news and hate speech, it is important to reformulate the formulation regarding prohibited acts, criminal liability, types of punishment, and forms of legal settlement. Special minimum sentences need to be clearly regulated for criminal acts that have an impact on conflict and unrest, such as the crime of spreading fake news and hate speech.
Wage-based Dowry Legal Paradigm: Perspectives of Muslim Generation Z in Surabaya Hadi, Mukhammad Nur; Syatta, Indy Mafiiqo; Safitri, Eka; Sabri, Fahruddin Ali; Masum, Ahmad
Al-Ahkam Vol 33, No 2 (2023): October
Publisher : Faculty of Sharia and Law, Universitas Islam Negeri (UIN) Walisongo Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21580/ahkam.2023.33.2.17591

Abstract

This paper traces the perception of Generation Z Muslims in Surabaya about marriage dowry. Data was obtained from questionnaires distributed to them, and finally received 174 respondents. Two things that were tracked were their perception of the Regional Minimum Wage-based dowry quality and quantity standards and their legal paradigm towards the idea of wage-based dowry. This study shows two important things. First, most of them disagree with wage-based dowry in the context of quantity. On the other hand, in the context of quality, they agree that dowry should be of productive value. At this point, they display a unique position because productivity is interpreted dually, wage-based standards and not. Second, they respond to this issue using four paradigms: sociological, normative, anthropological, and juridical. Sociological and juridical paradigms create the value of reciprocal protection, male and female. The normative paradigm establishes the importance of patriarchal protection. While the anthropological paradigm is more binding on the preservation of tradition. Here, it can be seen that the paradigm influence of protection on women in the context of wage-based dowry standards is quite strong, although sometimes women are trapped in a patriarchal paradigm.
Actualizing Islamic Economic Law in the Digital Era: A Study of the Application of Khiyar al-Majlis in Electronic Contracts Muhammad, Pauzi; Arianti, Farida; Masum, Ahmad; Rani, Marnia
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 2 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i2.11573

Abstract

This research was motivated by the emergence of electronic contracts, while every contract contains provisions and implementation of khiyar al-majlis, namely the right of the parties to the transaction to choose to continue or cancel a business transaction as long as the parties are still present at the transaction location. Due to the unclear existence and mechanism for implementing khiyar al-majlis in electronic contracts, this research was urgent. The aim of this research was to determine the existence and mechanism for implementing khiyar al-majlis in electronic contracts. The research method used was normative legal research with a systematic legal approach. Researchers use secondary data or legal materials obtained and processed using selective categorization. All of this legal material was grouped based on criteria that were appropriate to the problems and themes, then analyzed descriptively and analytically. The law of khiyar al-majlis was described and analyzed with explanation, study, systematization, interpretation, and evaluation. The results of this research showed that the existence of khiyar al-majlis in electronic contracts was only legal because the parties were not in the same transaction location as in conventional contracts. Then, the mechanism for implementing khiyar al-majlis could occur directly or indirectly in electronic contracts. This study contributes to the development and actualization of Islamic economic law in the digital era.
Disparity in Parliamentary Power in the Formation of Laws in Indonesia: Considering Proportional Bicameralism Mukhlis, Muhammad Mutawalli; Arowosaiye, Yusuf Ibrahim; Masum, Ahmad; Paidi, Zulhilmi Bin; Maskun
International Journal of Law and Society Vol 4 No 1 (2025): International Journal of Law and Society (IJLS)
Publisher : NAJAHA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59683/ijls.v4i1.160

Abstract

This research aims to investigate the issues encountered by parliamentary institutions in Indonesia, focusing specifically on the disproportionate power of the first chamber the (Dewan Perwakilan Rakyat / DPR) People’s Representative Council, relative to the second chamber, the (Dewan Perwakilan Daerah / DPD) Regional Representative Council throughout the legislative process. This research presents normative-conceptual proposals for a reconstruction formula aimed at equilibrating the legislative functions of the two chambers, in alignment with the principles of balanced or robust bicameralism. This study utilises a doctrinal legal research framework, involving the analysis of primary and secondary legal sources in the literature. This study incorporates constitutional, theoretical, and statutory/normative techniques. This study applies a general qualitative descriptive analysis technique, focusing on interpreting legal texts and normative content in a structured manner to identify patterns, meanings, and implications in the legislative relationship between DPR and DPD. The research findings reveal that the legislative authority of the two chambers (DPD & DPR) in legislation making, as delineated in the 1945 Constitution of the Republic of Indonesia and statutory rules, remains disproportionate. This results from the DPD's limited authority to propose draft legislation and discuss proposals without final approval. The DPD continues to be acknowledged as a co-legislator or supplementary power in the legislative process, unlike the unrestricted authority of the DPR. Therefore, the relationship between the two chambers as representative entities must be redefined based on robust or equitable bicameralism. To execute rebuilding plans, it is essential to amend several parts of the Constitution and revise other legislative rules. The two chambers are expected to collaborate and meet the ambitions of both national and local governments to produce high-quality legal documents; however, this study is limited in scope to normative and doctrinal analysis, and further empirical research is needed to assess practical implementation.
Filling Members of the Financial Audit Board: Constitutional Review and Legislative Intervention Mutawalli, Muhammad; Masum, Ahmad; Aidonojie, Paul Atagamen; Adebayo, Adesoji Kolawole
Al-'Adl Vol. 17 No. 1 (2024): Al-'Adl
Publisher : Institut Agama Islam Negeri Kendari

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31332/aladl.v17i1.7707

Abstract

This article aims to at least outline and analyze the main problem, namely related to the development of an independent system for filling the positions of BPK members according to the theory of independence of state institutions reviewed through constitutional interpretation in the Law. This research is qualitative research with normative juridical methods. Research was carried out using a legal approach, a conceptual approach and a philosophical approach to the issues raised. In this paper, the author applies techniques for collecting legal materials or data, through documentation or literature studies which are carried out by reading, reviewing, classifying, identifying and understanding legal materials in the form of regulations and books and literature. which is related to the research object discussed in this paper. The analysis of legal materials used applies qualitative, descriptive and prescriptive methods that are oriented towards answering problem formulations. Apart from that, analysis of legal materials also focuses on the inventory aspect of legal materials in the form of soft files and hard files. Manual inventory is carried out on hardfile legal materials, while digital inventory is carried out on legal materials in softfile form. After the inventory, an analysis process is carried out with reference to the legal issues and discussion formulations raised. The finding in this paper is that there is polarization in filling the positions of BPK members which is far from the principle of independence and also prioritizes the supervisory aspect in filling these positions so that the principle of checks and balances is not implemented within the BPK itself. The polarization of filling the positions of BPK members which seems political has resulted in hidden interests which could actually disrupt the independence of the BPK as a state audit institution. In the future, it is necessary to strengthen the BPK institution as a state institution that is in a new space of power known as the inspection space by making changes and additions to concrete and internal regulations in the aspect of filling out BPK members in terms of the theory of state institutional independence
Between Conservatism and Progressivism: The Young Penghulu in East Java's Legal Paradigm Addresses Disability Issues in Marriage Nur Hadi, Mukhammad; Ali Sabri, Fahruddin; Masum, Ahmad
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol 10 No 2 (2023): Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan
Publisher : Hukum Keluarga Islam IAIN LANGSA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/qadha.v10i2.7352

Abstract

The legal knowledge of penghulu on disability issues determines how to implement laws that advocate for persons with disabilities. This paper traces the legal paradigm of seven Penghulus in East Java who were newly inducted in 2022 against several articles in the Compilation of Islamic Law (KHI) that touch on disability issues. Some of the themes tracked are marriage guardians (article 22), marriage witnesses (article 25), and polygamy (article 57). It is an empirical study using conceptual and philosophical approaches. This article finds that most young East Javanese penghulu still need an advocate interpretation paradigm because they read the articles authentically and grammatically, not sociologically or teleologically. The benefit (maslahah) aspect of these articles is also considered to look more authentic. Therefore, the argument of advocates for the rights of persons with a human rights perspective is not widely involved. As a result, persons with disabilities who are guardians of marriage, witnesses of marriage, and wives can become victims of neglect of fundamental civil rights in marriage. It is where the conservative paradigm of the young penghulu comes into being strong and dominant. The existence of the progressive paradigm is also buried and framed in the current conservative paradigm. This finding is certainly an important note about how the government indirectly shapes the contestation of conservative and progressive paradigms in family law.
Understanding the Legal Politics of Regional Tax Regulations: Navigating Regional Autonomy in Post-Tax Reform in Indonesia Pamuji, Kadar; Dharmawan, Aditya Riza; Kartono, Kartono; Masum, Ahmad
Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Vol. 8 Issue 2 (2025) Volksgeist: Jurnal Ilmu Hukum Dan Konstitusi
Publisher : Faculty of Sharia, Universitas Islam Negeri (UIN) Profesor Kiai Haji Saifuddin Zuhri Purwokerto, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24090/volksgeist.v8i2.12341

Abstract

This research addresses the urgent changes following the repeal of Law no. 28 of 2009, which governed Regional Taxes and Regional Levies, as incorporated into the Financial Relations between the Central Government and Local Governments Law (Law No. 1 of 2022). The repeal brings forth significant consequences, particularly affecting the authority of regional governments to shape their tax policies. To understand these impacts, we delve into the evolution of regional tax regulations in Indonesia. The legal landscape surrounding regional tax law under the HKPD Law presents a fascinating area of study. Our aim is to explore the legal politics that influence local tax management within the framework of regional autonomy in Indonesia. This study employs a normative juridical approach, utilizing various data collection methods, including interviews, focus group discussions (FGDs), and document analysis. Throughout the research, data processing and analysis occur continually as new information emerges. Our findings indicate a notable shift in legal politics surrounding local tax management in Indonesia. Current regional tax policies are increasingly designed to enhance local revenue, supporting regional autonomy while aligning with the central government’s fiscal harmonization goals. This approach aims to optimize public services and ensure the sustainability of fiscal framework.
Legal Implications of Islamic Banking in Advancing Sustainable Finance for Indonesia’s Net-Zero-Emission Programme Septyanun, Nurjannah; Shalihah, Fithriatus; Absori; Wahyudi, Ikhsan; Masum, Ahmad
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/txgw8142

Abstract

Islamic banking is increasingly expected to contribute to Indonesia’s net-zero-emission agenda, yet the integration between Shariah principles and environmental governance remains limited. Although national development plans recognise Islamic finance as an enabler of green transformation, no coherent framework currently links maqashid al-Shariah, mashalah, and ecological sustainability with forest governance and carbon-economic-value mechanisms. This study aims to fill the gap by examining the potential of Islamic banking instruments to support low-carbon development, particularly in West Nusa Tenggara, a pioneer region for carbon-value implementation. Employing a mixed doctrinal–empirical method—including legislative review, conceptual analysis, observation, and a questionnaire distributed—the study identifies structural weaknesses in existing financing systems, such as collateral dependence, regulatory fragmentation, and ecological risk. While the empirical findings reveal strong societal support for Shariah-compliant green financing, the Islamic banking instruments such as mudarabah, musyarakah, istisna, green sukuk, and cash-waqf-linked sukuk provide equitable risk-sharing, asset-based long-term financing, and supportive social-finance mechanisms. The study concludes that Islamic banking can meaningfully contribute to Indonesia’s net-zero targets, provided that regulatory harmonisation, operational guidelines, and government incentives are strengthened to institutionalise Shariah-compliant green finance.
Safeguarding Personal Data in Indonesian E-Commerce from a Constitutional Rights Perspective Mariyam, Siti; Satria, Adhi Putra; Hariyanto, Hariyanto; Masum, Ahmad
Jambe Law Journal Vol. 8 No. 2 (2025)
Publisher : Faculty of Law, Jambi University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/x5q9y093

Abstract

The increasingly massive digital transformation has driven significant growth in e-commerce transactions in Indonesia, but it has also increased risks to consumers' personal data security and privacy. This research analyzes personal data protection in e-commerce transactions through a constitutional rights perspective. The research method used is a normative juridical approach, with a statutory, case-based, and comparative approach. The results show that although the constitution provides a normative basis for privacy protection, its provisions are still general and require elaboration through sectoral and comprehensive regulations, such as the Personal Data Protection Law. However, its implementation still faces challenges, including weak compliance by electronic system administrators, a lack of digital literacy among the public, the absence of a truly independent supervisory authority, and increasing cyber threats. Meanwhile, in Singapore, the Personal Data Protection Act (PDPA) demonstrates that successful data governance depends on a strong regulatory framework, an independent supervisory body, and a culture of organizational accountability. Based on this comparison, the study recommends a more operational and proactive data protection strategy, including the establishment of a Centralized Data Breach Response Hub, the implementation of privacy by design and privacy by default, and the development of a national roadmap that integrates technological innovation, institutional reform, and cross-sector collaboration
Co-Authors Absori Adebayo, Adesoji Kolawole Aidonojie, Paul Atagamen Aslan, Jamal Budiyanto Budiyanto Dharmawan, Aditya Riza Eka Safitri Fahruddin Ali Sabri Farida Arianti Fithriatus Shalihah HARIYANTO HARIYANTO Kadar Pamuji Kartono Kartono Marnia, Rani Maskun Muhammad, Pauzi Mukhammad Nur Hadi Mukhlis, Muhammad Mutawalli Mutawalli, Muhammad Paidi, Zulhilmi bin S, Nurjannah Satria, Adhi Putra Siti Mariyam Syatta, Indy Mafiiqo Wahyudi, Ikhsan Yusuf Ibrahim Arowosaiye