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All Journal Jurnal Akta Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum PEPAKEM: Jurnal Hukum Tata Negara dan Politik Islam
Leliya Leliya
UIN Siber Syekh Nurjati Cirebon
Law, Crime, Criminology & Criminal Justice

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The Urgency of Deriving Islamic Law to Ensure Legal Certainty in Indonesia’s Sharia Financial System Jefik Zulfikar Hafizd; Ahmad Khoirudin; Zelanti Deviana Putri; Nur Arifah; Leliya Leliya
JURNAL AKTA Vol 13, No 1 (2026): March 2026
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v13i1.50532

Abstract

Ensuring legal certainty in Indonesia’s Sharia financial system requires more than formal regulations; it depends on the methodologically accountable derivation of Islamic law (ijtihād) to translate Sharia principles into clear, consistent, and enforceable standards for products, supervision, and dispute resolution. Rapid innovation in financial instruments, increasing regulatory complexity, and the value-based nature of Sharia norms intensify the need for institutional ijtihād that preserves the integrity of the Sharīʿah while remaining operational within a codified national legal order. Normative legal analysis, supported by a focused literature review and an examination of relevant statutory, regulatory, and fatwa materials, is complemented by limited field evidence drawn from purposive interviews with key stakeholders—namely a regional MUI chair, legal scholars, Sharia economics experts, and academics—to validate the practicality and institutional relevance of the arguments advanced. Five integrated strategies are advanced for regulatory strengthening: deepening maqāṣid al-sharīʿah as a normative framework, integrating contemporary ijtihād into regulatory structures, harmonizing institutional roles among DSN–MUI, Otoritas Jasa Keuangan (OJK), and Sharia financial institutions, strengthening education and applied research in Islamic economic law, and pursuing limited codification and standardization of Sharia products. Legal certainty is thereby positioned as an outcome of coherent governance and disciplined Islamic legal reasoning, supporting a Sharia financial system that is substantively just, predictable, and sustainable.
GENDER-BASED CYBER VIOLENCE IN CIREBON REGENCY: A CRITICAL GENDER AND LEGAL ANALYSIS Leliya Leliya; Muhamad Mujahidin; Muhamad Dadan Wildanuddin
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22842

Abstract

The rapid expansion of digital technology and social media has facilitated the emergence of Gender-Based Cyber Violence (GBCV). In Cirebon Regency, reported cases increased sharply from three in 2023 to eight in 2024, reflecting a 166 percent rise and highlighting the growing risks faced by women in digital environments. This study aims to comprehensively examine GBCV in Cirebon Regency by integrating gender analysis, feminist legal theory, positive law, and Islamic law to evaluate existing legal protections and formulate a more responsive and victim-centered protection framework. This research employs a qualitative descriptive approach using primary data from victims of GBCV, local government officials, NGO, and experts in Islamic and positive law, complemented by secondary data derived from relevant legal regulations. Data were collected through interviews, document analysis, FGD, and questionnaires to support a comprehensive qualitative analysis. The results show that from 2020 to 2025 the dominant forms of GBCV in Cirebon Regency were sexting (6 cases), cyber grooming (5 cases), and impersonation (5 cases). Contributing factors include low digital literacy, patriarchal norms, victim blaming, and the absence of a dedicated cybercrime unit within the Cirebon Police Resort. The legal analysis reveals that the implementation of the Electronic Information and Transactions Law, the Sexual Violence Crime Law, and regional regulations remains insufficiently gender responsive, while the principles of maqaṣid shariah affirm that GBCV violates the protection of human dignity, honor, and life. This study contributes a gender informed and Islamic values-based integrative framework to enhance policies for protecting women in digital environments.
GENDER-BASED CYBER VIOLENCE IN CIREBON REGENCY: A CRITICAL GENDER AND LEGAL ANALYSIS Leliya Leliya; Muhamad Mujahidin; Muhamad Dadan Wildanuddin
INKLUSIF (JURNAL PENGKAJIAN PENELITIAN SYARIAH DAN ILMU HUKUM) Vol. 10 No. 2 (2025): December 2025
Publisher : UIN Siber Syekh Nurjati Cirebon

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/inklusif.v10i2.22842

Abstract

The rapid expansion of digital technology and social media has facilitated the emergence of Gender-Based Cyber Violence (GBCV). In Cirebon Regency, reported cases increased sharply from three in 2023 to eight in 2024, reflecting a 166 percent rise and highlighting the growing risks faced by women in digital environments. This study aims to comprehensively examine GBCV in Cirebon Regency by integrating gender analysis, feminist legal theory, positive law, and Islamic law to evaluate existing legal protections and formulate a more responsive and victim-centered protection framework. This research employs a qualitative descriptive approach using primary data from victims of GBCV, local government officials, NGO, and experts in Islamic and positive law, complemented by secondary data derived from relevant legal regulations. Data were collected through interviews, document analysis, FGD, and questionnaires to support a comprehensive qualitative analysis. The results show that from 2020 to 2025 the dominant forms of GBCV in Cirebon Regency were sexting (6 cases), cyber grooming (5 cases), and impersonation (5 cases). Contributing factors include low digital literacy, patriarchal norms, victim blaming, and the absence of a dedicated cybercrime unit within the Cirebon Police Resort. The legal analysis reveals that the implementation of the Electronic Information and Transactions Law, the Sexual Violence Crime Law, and regional regulations remains insufficiently gender responsive, while the principles of maqaṣid shariah affirm that GBCV violates the protection of human dignity, honor, and life. This study contributes a gender informed and Islamic values-based integrative framework to enhance policies for protecting women in digital environments.
Penanganan Tindak Pidana Penggelapan di Kejaksaan Negeri Kota Cirebon Dalam Perspektif Hukum Positif Dan Hukum Islam Chelsa Fareza; Leliya Leliya
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 3 No 2 (2025): November 2025
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v3i2.606

Abstract

Embezzlement is an offense against property that originates from the abuse of lawful possession and trust. This study analyzes the handling of embezzlement cases by the Cirebon City District Prosecutor’s Office and compares the offense under Indonesian positive law and Islamic criminal law. It employs empirical legal research with statutory, conceptual, comparative, and institutional approaches. Primary data derive from institutional observation and an interview with a prosecutor, while secondary legal materials include the National Criminal Code, the Criminal Procedure Code, the Prosecutor’s Office Law, classical and contemporary Islamic legal literature, and relevant scholarly works. The data are qualitatively analyzed by examining the elements of the offense, prosecutorial stages, evidentiary requirements, asset recovery, victims’ interests, and the classification of embezzlement in Islamic law. The findings show that embezzlement under Article 486 of Law Number 1 of 2023 requires unlawful appropriation of another person’s property that was already lawfully under the offender’s control, distinguishing it from theft. Prosecutorial handling includes coordination with investigators, review of case files, pre-prosecution, receipt of suspects and evidence, indictment, trial, legal remedies, and execution. In Islamic law, embezzlement is not automatically classified as sariqah subject to hudud because possession was initially obtained without theft. Its characteristics are closer to khiyanah, ghulul, and certain forms of ghasb, making ta'zir the appropriate sanctioning framework. Effective handling should combine legal certainty, proportional punishment, restitution or asset recovery, protection of defendants’ rights, and restoration of victims’ losses.
Kedudukan Kejaksaan Sebagai Pelaksana Kekuasaan Negara Di Bidnag Penuntutan Dalam Struktur Ketatanegaraan Indonesia Winda Hamidah; Leliya Leliya; Mabruri Andatu
PEPAKEM: JURNAL HUKUM TATA NEGARA DAN POLITIK ISLAM Vol 4 No 1 (2026): Mei 2026
Publisher : Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24235/pepakem.v4i1.613

Abstract

The Prosecutor’s Office occupies a distinctive position as a government institution exercising state authority in prosecution while performing functions related to judicial power. This institutional arrangement raises questions concerning prosecutorial independence and accountability within Indonesia’s constitutional structure. This study examines the constitutional position of the Prosecutor’s Office, the adequacy of safeguards for prosecutorial independence, and an appropriate accountability model following the amendment to the Prosecutor’s Office Law, Constitutional Court Decision Number 6/PUU-XXII/2024, and the enactment of the 2025 Criminal Procedure Code. It employs normative legal research using statutory, conceptual, historical, case, and comparative approaches. Legal materials were qualitatively analyzed through grammatical, systematic, historical, and teleological interpretation. The findings demonstrate that Law Number 11 of 2021 strengthened the institutional basis for the independent exercise of prosecutorial functions, while the Constitutional Court decision reinforced the political neutrality required of the Attorney General. The 2025 Criminal Procedure Code further strengthens the public prosecutor’s role as the controller of criminal proceedings under the principle of dominus litis. Nevertheless, prosecutorial independence remains affected by the appointment and dismissal of the Attorney General, hierarchical instructions, career management, conflicts of interest, and organizational culture. The study concludes that the most realistic model is to retain the Prosecutor’s Office as a government institution while strengthening its functional independence through transparent instructions, a merit-based career system, publicly accountable prosecution guidelines, and multilayered oversight.
Co-Authors Ahmad Khoirudin Chelsa Fareza Jefik Zulfikar Hafizd Mabruri Andatu Muhamad Dadan Wildanuddin Muhamad Dadan Wildanuddin Muhamad Mujahidin Nur Arifah Winda Hamidah Zelanti Deviana Putri