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SEJARAH SOSIAL IMAM MALIK Anwari, Amalia Nur; Hasanuddin, Maulana; Anwar, Syahrul
Jurnal Res Justitia: Jurnal Ilmu Hukum Vol. 5 No. 1 (2025): Jurnal Res Justitia : Jurnal Ilmu Hukum
Publisher : LPPM Universitas Bina Bangsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46306/rj.v5i1.219

This research discusses how the social history of Imam Malik Imam Malik bin Anas (711-795 AD), is one of the most famous Islamic scholars in history. He also created the Maliki school, which is one of the four most important schools of Islamic fiqh. Imam Malik was born in Medina, a place rich in religious and intellectual traditions, which shaped his thinking. He is known for his unique method of ijtihad, which prioritizes the practices of the people of Medina as a source of law, and integrates hadith and the opinions of the Prophet's companions. His famous work, Al-Mudawwanah, is an important reference in the study of fiqh and shows his deep thoughts on justice and public interest (maṣlaḥah). Imam Malik also emphasized the importance of morals and morals in the application of law. He still influences the development of Islamic law and is a reference for many Muslims around the world. Imam Malik contributed greatly to the understanding and practice of Islamic law to this day by utilizing a balanced approach between text and context. This article aims to find out how the social history of Imam Malik's journey.

Legalisasi Usaha dan Kesadaran Hukum Pelaku UMK Binaan UMKM Juara di Kecamatan Cisalak-Tanjungsiang Hidayat, Agi Attaubah; Anwari, Amalia Nur; Sugiarti, Lilis Diah; Ikhsan, Fachrial; Saebani, Beni Ahmad
Al - Muamalat: Jurnal Hukum dan Ekonomi Syariah Vol 10 No 1 (2025): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v10i1.10680

This study aims to explore the legal awareness of MSME actors in business legalization under the guidance of the UMKM Juara program by the West Java Provincial Government in Kecamatan Cisalak-Tanjungsiang. The research adopts a juridical-empirical method with data collected through semi-structured interviews and literature studies to understand the perceptions and motivations of MSME actors regarding business legality. The findings reveal that although MSME actors generally understand the importance of business legality, they are often reluctant to pursue it, as it is perceived to provide no direct benefits. The primary motivation for legalization is driven by the need for halal certification, rooted in religious values. However, the lack of information on legalization procedures and limited support in guidance are the main obstacles. Social, cultural, and religious factors significantly influence legal awareness and the legalization process among MSMEs in the area.

Penemuan Hukum oleh Hakim di Indonesia: Dasar, Metode, serta Implikasinya terhadap Kepastian dan Keadilan Hukum Hidayat, Agi Attaubah; Sururi, Ramdani Wahyu; Anwari, Amalia Nur; Sugiarti, Lilis Diah; Ikhsan, Fachrial; Fauzi, Ridwan
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v10i1.9770

Ideally, legal discovery by judges is expected to create both legal certainty and substantive justice simultaneously. However, in reality, the practice of legal discovery in Indonesia often leads to legal uncertainty due to differences in interpretation and the varied use of interpretative methods. Flexibility in legal discovery also has the potential to be misused if not supported by ethical foundations and adequate competence. This study aims to analyze the legal basis, methods, and implications of legal discovery by judges in Indonesia on legal certainty and justice. This research employs a juridical-normative approach by analyzing Law No. 48 of 2009, court decisions, and legal doctrines related to methods of legal interpretation. The results show that legal discovery by judges is necessary to address legal gaps and adapt the law to social developments. However, flexibility in legal discovery must be balanced with consistency in legal application to maintain legal certainty.

PEMAJAKAN EKONOMI DIGITAL DI INDONESIA: TANTANGAN KONSEPTUAL DAN YURIDIS DALAM PENERAPAN SIGNIFICANT ECONOMIC PRESENCE Hidayat, Agi Attaubah; Anwari, Amalia Nur; Sugiarti, Lilis Diah; Zulvia, Ransya Ayu; Najmudin, Nandang
JOURNAL OF SCIENCE AND SOCIAL RESEARCH Vol 8, No 3 (2025): August 2025
Publisher : Smart Education

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54314/jssr.v8i3.3619

The digital economy transformation challenges the relevance of the Permanent Establishment principle in Indonesia’s tax system. As a response, the Significant Economic Presence (SEP) concept was introduced to tax foreign digital entities without physical presence. This study aims to examine the conceptual and legal challenges in implementing SEP in Indonesia. The method used is normative-juridical with statutory and conceptual approaches. The findings reveal that SEP implementation faces legal uncertainty, conflicts between domestic and international norms, and lacks clear technical parameters. While SEP holds potential for promoting fiscal justice, its ambiguous legal basis risks creating discrimination unless supported by regulatory reform and international cooperation. This study highlights the urgency of harmonizing tax laws and strengthening institutional capacity to meet global digital taxation challenges.

Penemuan Hukum oleh Hakim di Indonesia: Dasar, Metode, serta Implikasinya terhadap Kepastian dan Keadilan Hukum Hidayat, Agi Attaubah; Sururi, Ramdani Wahyu; Anwari, Amalia Nur; Sugiarti, Lilis Diah; Ikhsan, Fachrial; Fauzi, Ridwan
Legalite : Jurnal Perundang Undangan dan Hukum Pidana Islam Vol 10 No 1 (2025): Legalite: Jurnal Perundang Undangan dan Hukum Pidana Islam
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/legalite.v10i1.9770

Ideally, legal discovery by judges is expected to create both legal certainty and substantive justice simultaneously. However, in reality, the practice of legal discovery in Indonesia often leads to legal uncertainty due to differences in interpretation and the varied use of interpretative methods. Flexibility in legal discovery also has the potential to be misused if not supported by ethical foundations and adequate competence. This study aims to analyze the legal basis, methods, and implications of legal discovery by judges in Indonesia on legal certainty and justice. This research employs a juridical-normative approach by analyzing Law No. 48 of 2009, court decisions, and legal doctrines related to methods of legal interpretation. The results show that legal discovery by judges is necessary to address legal gaps and adapt the law to social developments. However, flexibility in legal discovery must be balanced with consistency in legal application to maintain legal certainty.

Legalisasi Usaha dan Kesadaran Hukum Pelaku UMK Binaan UMKM Juara di Kecamatan Cisalak-Tanjungsiang Hidayat, Agi Attaubah; Anwari, Amalia Nur; Sugiarti, Lilis Diah; Ikhsan, Fachrial; Saebani, Beni Ahmad
Al-Muamalat Jurnal Hukum dan Ekonomi Syariah Vol 10 No 1 (2025): Al-Muamalat: Jurnal Hukum Dan Ekonomi Syari'ah
Publisher : IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/muamalat.v10i1.10680

This study aims to explore the legal awareness of MSME actors in business legalization under the guidance of the UMKM Juara program by the West Java Provincial Government in Kecamatan Cisalak-Tanjungsiang. The research adopts a juridical-empirical method with data collected through semi-structured interviews and literature studies to understand the perceptions and motivations of MSME actors regarding business legality. The findings reveal that although MSME actors generally understand the importance of business legality, they are often reluctant to pursue it, as it is perceived to provide no direct benefits. The primary motivation for legalization is driven by the need for halal certification, rooted in religious values. However, the lack of information on legalization procedures and limited support in guidance are the main obstacles. Social, cultural, and religious factors significantly influence legal awareness and the legalization process among MSMEs in the area.

Negotiating Haqq al-Ibtikar and State Patent Law: A Socio-Legal Study of Maslahah and Intellectual Property among Indonesian Muslim SMEs lilis, lilis diah sugiarti; Hidayat, Agi Attaubah; Anwari, Amalia Nur; Zulvia, Ransya Ayu; Kholid, Muhamad
DIKTUM: Jurnal Syariah dan Hukum Vol. 24 No. 2 (2026): DIKTUM: Jurnal Syariah dan Hukum
Publisher : Fakultas Syariah dan Hukum Islam Institut Agama Islam Negeri (IAIN) Parepare

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35905/diktum.v24i2.14622

Background: Indonesia’s 64 million SMEs drive 61% of national GDP yet face critical barriers in patent protection due to costly procedures, legal complexity, and low IP literacy. Purpose: This study analyzes systemic gaps in Indonesia’s patent law (Law No. 13/2016) hindering SME innovation and proposes inclusive legal reforms. Methods: A normative juridical approach examines statutory frameworks, case studies, and secondary data from academic literature (2017–2025) Results: Key findings reveal: (1) High patent registration costs (up to IDR 20.9 million) exclude 87% of SMEs; (2) First-to-file systems disadvantage grassroots innovators; (3) Enforcement remains inaccessible due to lengthy litigation (avg. 30 months) and minimal ADR mechanisms. Implication: Structural reforms are urged: specialized IP courts, tiered fee subsidies, and SME-tailored simple patents. Indonesia’s model could inform Global South patent policies. Originality: This research introduces the inclusive patent framework—integrating open licensing, communal IP rights, and university-SME collaboration—as a novel juridical paradigm for equitable innovation.

HARMONISASI PENGATURAN HUKUM INVESTASI SURAT BERHARGA DAN INVESTASI LANGSUNG MENURUT UNDANG-UNDANG NOMOR 4 TAHUN 2023 TENTANG PENGEMBANGAN DAN PENGUATAN SEKTOR KEUANGAN (P2SK) DAN PERATURAN PEMERINTAH NOMOR 63 TAHUN 2019 TENTANG INVESTASI PEMERINTAH Makruf, Solihan; Anwari, Amalia Nur; Aula, Muhammad Iqbal; Yusup, Deni Kamaludin
Jurnal Ilmiah Dinamika Hukum Vol 27 No 1 (2026): Edisi April 2026
Publisher : Universitas Stikubank

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35315/dh.v27i1.10476

This study is motivated by the fact that the regulation of securities investment and direct investment in Indonesia still faces legal harmonization issues between the provisions of Law No. 4 of 2023 concerning the Development and Strengthening of the Financial Sector particularly those governing the capital market and Government Regulation No. 63 of 2019 concerning Government Investment. This research aims to analyze the compatibility, substantial differences, and legal implications of the two regulations in the context of establishing an integrated and equitable investment legal system. This study applies a normative juridical approach with a descriptive analysis method. Data were collected using a literature study technique through a review of legislation, legal literature, and related policy documents. Furthermore, the data was analyzed using qualitative data analysis techniques with an emphasis on systematic interpretation and the principle of harmonization of laws and regulations. The results of this study indicate that there is still a lack of synchronization between the regulation of securities investment in the capital market and the mechanism of direct investment by the government, particularly in terms of authority, risk management, and legal accountability. The findings of this study imply the need for improvements to derivative regulations and implementation guidelines that are capable of integrating capital market legal principles with government investment policies in order to create legal certainty and effective management of national investments. Keywords: Legal Harmonization, Securities Investment, and Government Investment

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