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All Journal Jurnal Akta Jurnal Pengkajian Penelitian Syariah dan Ilmu Hukum
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.
Co-Authors Ahmad Khoirudin Jefik Zulfikar Hafizd Muhamad Dadan Wildanuddin Muhamad Dadan Wildanuddin Muhamad Mujahidin Nur Arifah Zelanti Deviana Putri