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All Journal Al-battar: Jurnal Pamungkas Hukum Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara
Diana Farid
Universitas Muhammadiyah Bandung, Indonesia
Law, Crime, Criminology & Criminal Justice Other

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Legal Implications of The Formation of Tourist Villages on Collective Community Rights In The Management of Community Based Tourism Destinations Meida Rachmawati; Diana Farid; Nadeem Sami Mohammad Altalahmeh; Annisa Elda Octivia; Anastasia Wahyu Murbani
al-Battar: Jurnal Pamungkas Hukum Vol. 2 No. 3 (2025): Desember
Publisher : Yayasan Cendekia Gagayunan Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.63142/al-battar.v2i3.464

Abstract

The establishment of tourist villages as a local development strategy has grown rapidly along with increasing awareness of the importance of community involvement in managing the tourism sector. Community-managed tourist villages serve not only as a means of economic development but also as an instrument for sustainable cultural and environmental preservation. However, this process poses legal challenges, particularly regarding the recognition and protection of community collective rights over local resources. The study aims to analyze the legal implications of the establishment of tourist villages on community collective rights, emphasizing the importance of participatory and equitable community-based governance. The method used is normative juridical research with a legislative and conceptual approach. The analysis was conducted on Law Number 6 of 2014 concerning Villages, Law Number 10 of 2009 concerning Tourism, and Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration Number 7 of 2023, which stipulates the priority use of village funds, including for the tourism sector. The research results indicate that despite the existence of a supporting legal framework, there is still a gap between normative regulations and implementation in the field. The lack of harmonization between national and local regulations, weak oversight of village funds, and the risk of commercializing village assets without community involvement are key challenges. Strengthening village regulations, establishing fair cooperation mechanisms, and active community involvement are needed to ensure that tourism villages truly become spaces for strengthening collective rights and village independence.
Beyond Classical Inheritance Doctrine: Judicial Ijtihad on the Rights of a Sole Daughter in Indonesian Islamic Courts Dendi Mulyadi; Aab Abdullah; Juhdirifa’I Juhdirifa’I; Diana Farid
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.212

Abstract

This research is motivated by the problem of the distribution of inheritance in Islamic law in Indonesia, especially related to the position of an only daughter. In the framework of nash and the Compilation of Islamic Law (KHI), the part of the single girl is 1/2 (half) of the part. Residual inheritance (rad) is often the object of dispute when there are other heirs such as relatives or relatives from the heir's side. The purpose of this study is to analyze the basis of the judge's legal considerations (ratio decidendi) and the form of ijtihad used in deciding case Number 559/Pdt/G/2025/PA. Smi so that the verdict reflects the value of benefit and justice. This research uses a normative juridical method with a case approach and a legislative approach. Data analysis was carried out qualitatively on the judge's consideration at the Sukabumi Religious Court. The results of the study show that in Decision Number 559/Pdt/G/2025/PA. Smi, the judge performs ijtihad in the form of istinbath al-ahkam by combining textual (nash) and contextual (maqashid sharia) approaches. The judge determined that the only daughter was entitled to receive all the remaining inheritance through the rad principle and rejected the lawsuit from the surrogate heir/heir's brother. The judge's legal considerations are based on the principle of protection of rights (hifzh al-mal) and a sense of justice, considering that an only daughter is the most important straight heir. This decision also affirms the shift in the paradigm of inherited fiqh in religious courts that are more progressive and gender-fair. Thus, the verdict is a form of ijtihad of judges in order to realize substantive justice and reform of Islamic inheritance law in Indonesia.
Criminalizing Adultery in Unregistered Marriages: A Case Study of Sukabumi District Court Decision No. 51/Pid.B/PN.Skb from Islamic and Indonesian Legal Perspectives Yayan Mulyana; Munandi Shaleh; Juhdi Rifa’i; Diana Farid
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.213

Abstract

Unregistered marriage (nikah siri) remains a persistent legal phenomenon in Indonesia, generating ongoing debates regarding the relationship between religious validity and state legal recognition. The issue becomes more complex when an unregistered marriage is conducted by an individual who remains legally married under state law, as illustrated by Sukabumi District Court Decision No. 51/Pid.B/2023/PN.Skb, which imposed criminal sanctions for adultery. This study aims to examine the court's legal reasoning and evaluate its consistency with the principles of Islamic law and Indonesian positive law. The research employs a normative legal method using statutory, conceptual, and case approaches by analyzing legislation, legal doctrines, and judicial decisions. The findings reveal a fundamental divergence between Islamic law and Indonesian positive law regarding the legal validity of marriage. Under Islamic law, a marriage that fulfills the essential legal requirements remains valid despite the absence of state registration; therefore, the marital relationship cannot automatically be classified as adultery. In contrast, Indonesian positive law treats marriage registration as a crucial element for establishing legal status, allowing the absence of official registration to influence the assessment of criminal liability. The analyzed judgment demonstrates that the court prioritized formal legal evidence and administrative legality over the religious validity of the marriage. These findings highlight the need to harmonize criminal law, marriage law, and Islamic law to strengthen legal certainty while ensuring substantive justice in adjudicating cases involving unregistered marriages.
Algoritma di Balik Akad: Rekonstruksi Maqashid Syariah Dalam Kecerdasan Buatan Perbankan Syariah Digital Gita Priyanti; Muchammad Jafar Siddik; Diana Farid; Caca Handika
Dialog Legal: Jurnal Syariah, Jurisprudensi dan Tata Negara Vol. 2 No. 2 (2026): Mei
Publisher : Sekolah Tinggi Ilmu Syariah Wal Aqidah Ash-Shofa Manonjaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.64367/dialoglegal.v2i2.232

Abstract

The adoption of artificial intelligence (AI) in digital Sharia banking services including automated credit scoring, robo-advisory, and algorithm-based Sharia compliance detection systems is expanding rapidly; however, an ethical framework grounded in the perspective of Maqashid Sharia (the objectives of Sharia) has yet to be fully formulated. This study aims to critically examine the alignment of algorithmic decision-making architectures in Sharia banking with the five dimensions of Maqashid (hifz al-din, hifz al-nafs, hifz al-'aql, hifz al-nasl, and hifz al-mal) and to formulate an ethical governance framework to address this normative gap. The research employs a descriptive-analytical qualitative approach utilizing a library research design and policy document analysis, complemented by scenario-based case simulations derived from representative industry practices. Primary data comprising fatwa documents, Financial Services Authority (OJK) regulations, and Sharia bank governance reports were analyzed using content analysis and Maqashid based analysis. The findings indicate that generic AI models adopted by Sharia banks tend to replicate conventional data biases oriented toward profit maximization (short-term maslahah dzanniyah), thereby potentially overlooking the dimensions of distributive justice that lie at the core of hifz al-mal and hifz al-nasl. This study proposes a five-layer algorithmic governance model comprising Sharia by design, periodic Maqashid audits, explainable AI transparency, customer objection mechanisms, and the involvement of the Sharia Supervisory Board in the model development cycle as an original contribution to bridging the gap between technological innovation and Sharia objectives within the contemporary Islamic finance industry.
Co-Authors Aab Abdullah Anastasia Wahyu Murbani Annisa Elda Octivia Caca Handika Dendi Mulyadi Gita Priyanti Juhdi Rifa’i Juhdirifa’I Juhdirifa’I Meida Rachmawati Muchammad Jafar Siddik Munandi Shaleh Nadeem Sami Mohammad Altalahmeh Yayan Mulyana