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All Journal Al-Qadha: Jurnal Hukum Islam dan Perundang-Undangan MILRev: Metro Islamic Law Review Jurnal Sipakatau
Farid Wajdi
Universitas Muhammadiyah Sumatera Utara, Indonesia
Religion Arts Humanities Computer Science & IT Engineering Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Library & Information Science Mathematics Nursing Physics Social Sciences Veterinary Other

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Halal Tourism Policy in the Contemporary Era: A Maqāṣid al-Sharīʿah Perspective on Regulatory Gaps Farid Wajdi; Rizki Firmanda Dardin; Ummi Salamah; Mhd Nurhusein Daulay; Kholidah
MILRev: Metro Islamic Law Review Vol. 5 No. 1 (2026): MilRev: Metro Islamic Law Review
Publisher : Faculty of Sharia, UIN Jurai Siwo Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/milrev.v5i1.12529

Abstract

This study examines the implementation of halal tourism policies in Indonesia in the contemporary era, which has developed amid regulatory fragmentation and regional-level differences in interpretation, due to the absence of a comprehensive national legal umbrella. Halal tourism is not placed solely as an economic and branding instrument, but as a public legal policy issue related to legal certainty, normative authority, and the achievement of benefits. This research employs normative legal methods, including legislative and conceptual approaches. The analysis was carried out qualitatively through doctrinal interpretation and critical legal reasoning of laws and regulations, regional policies, DSN-MUI fatwas, and relevant academic literature. The results of the study show that the absence of national regulations has given rise to a plurality of halal tourism policy models, ranging from the binding formalisation of Sharia in Aceh, a pragmatic market-based approach in West Nusa Tenggara, to the rejection of halal terminology in Bali, based on the protection of cultural identity. In this context, the DSN-MUI fatwa functions as a normative and ethical authority that is a soft law without juridical binding, so it has not been able to guarantee the consistency of halal tourism governance nationally. An evaluation based on maqasid shari'ah, especially the protection of religion, intellect, and property, shows that halal tourism policies across regions still tend to be symbolic and pragmatic and have not fully realized the benefits or increased the utility of tourists in worldly and ukhrawi (falah) ways. This study concludes that a national policy framework for halal tourism is needed, based on adaptive, inclusive minimum national standards that ensure legal certainty while respecting the plurality of regional cultures. The academic contribution of this research lies in the formulation of a halal tourism legal framework based on maqasid shari'ah that integrates Islamic normative values with the principles of decentralisation and pluralism of Indonesian law.
Reconstructing Legal Protection for Child Victims of Neglect under Law No. 23 of 2004 on the Elimination of Domestic Violence in Indonesia Syarifuddin Syarifuddin; Farid Wajdi; Arifin Gultom
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 1 (2025): 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.v12i1.11396

Abstract

Violence against children is extremely dangerous and must be addressed immediately. Therefore, scientific research is needed on the reconstruction of legal protection for child victims of child neglect under Law No. 23 of 2004. The issue to be discussed is how to reconstruct legal protection for child victims of child neglect crimes under Law No. 23 of 2004 on the Elimination of Domestic Violence. Previous research has discussed the reconstruction of legal protection for children who have come into contact with the law after diversion based on the principle of justice. This research focused on reconstructing specific regulations on the protection of children who have committed criminal offenses after diversion while maintaining the principle of justice. This study differs in that it focuses on the reconstruction of legal protection for children as victims of child abandonment crimes based on Law No. 23 of 2004. The purpose of this study is to provide solutions to research problems concerning the concept of legal protection of children from child neglect crimes. The research method used is normative legal research through a conceptual approach and a legislative approach. Through this research method, the results obtained indicate that children's rights must be properly considered and protected through criminal law and legislation. Research findings on the reconstruction of legal protection for child victims of child neglect based on Law No. 23 of 2004 on the Prevention and Handling of Domestic Violence indicate that the protection of children's rights remains a top priority. This research emphasizes the need for commitment from all law enforcement officials and the community to jointly enforce legal provisions to protect Indonesian children from neglect and violations of children's rights based on justice for children and human values.
Transformation of Mediation in Islamic Law: Analysis of Principles, Mechanisms, and Implications for Dispute Resolution Maria Rosalina; Muhammad Arifin; Farid Wajdi
Al-Qadha : Jurnal Hukum Islam dan Perundang-Undangan Vol. 12 No. 2 (2025): 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.v12i2.15961

Abstract

This study aims to analyze the transformation of mediation in Islamic law from classical to contemporary times and to assess the alignment of modern mediation practices with sharia principles. Mediation in the Islamic legal tradition is rooted in the concepts of ṣulḥ and iṣlāḥ, which emphasize dispute resolution through peace, deliberation, and substantive justice. Along with the development of modern legal systems, mediation has undergone a process of institutionalization and formalization within the framework of positive law, including in the judicial systems of Muslim countries. This study uses a normative legal research method with a statutory, conceptual, and historical approach. Legal sources include the Qur'an, hadith, classical fiqh literature, legislation, and relevant legal doctrines. The results show that the transformation of mediation is evolutionary, characterized by changes in form and mechanisms without eliminating the basic principles of justice, voluntariness, and benefit. Contemporary mediation practices are fundamentally aligned with the principles of Islamic law, particularly in their orientation toward peace and restorative dispute resolution. The main challenge lies in implementation, particularly in maintaining the substance of sharia values so that they are not diminished by procedural formalism. Therefore, strengthening the integration of Islamic legal ethics and modern mediation professional standards is key to realizing an effective, fair, and civilized dispute resolution system.
Reconstruction of Civil Liability in “Pay-on-Site” Payment Schemes: An Analysis of Consumer Protection in the Era of Electronic Commerce Oktavia Purnamasari Sigalingging; Surya Perdana; Farid Wajdi
Jurnal Sipakatau: Inovasi Pengabdian Masyarakat Vol. 3 No. 4 (2026): Juni
Publisher : PT. Global Research Collaboration

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.66314/sipakatau.v3i4.617

Abstract

The rapid development of electronic commerce has transformed conventional transaction mechanisms, including the emergence of the cash on delivery (COD) payment scheme as an alternative perceived to reduce consumer risk. However, COD transactions introduce complex legal challenges, particularly in determining the allocation of civil liability among multiple actors involved, such as sellers, logistics providers, and digital platforms. This study aims to analyze the regulation and implementation of civil liability in COD transactions and to propose a reconstructed legal framework to enhance consumer protection. This research employs a normative juridical approach supported by qualitative analysis of statutory regulations, legal doctrines, and relevant literature. The findings reveal that existing legal frameworks in Indonesia remain fragmented and insufficient to address the hybrid nature of COD transactions, where contractual agreement, delivery, and payment occur simultaneously. This condition creates ambiguity in liability allocation and weakens consumer protection, particularly under traditional fault-based liability systems that impose a heavy burden of proof on consumers. This study offers a novel contribution by conceptualizing COD transactions as a hybrid legal model and introducing the concept of a multi-actor liability structure, which leads to a liability gap due to overlapping and unclear responsibilities. To address this issue, the research proposes a reconstruction of civil liability based on strict liability principles combined with enhanced platform accountability. The study concludes that such a reconstruction is necessary to improve legal certainty, ensure fair risk distribution, and strengthen consumer protection in the evolving landscape of electronic commerce.
Co-Authors Arifin Gultom Kholidah Maria Rosalina Mhd Nurhusein Daulay Muhammad Arifin Oktavia Purnamasari Sigalingging Rizki Firmanda Dardin Surya Perdana Syarifuddin Syarifuddin Ummi Salamah