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Mazahib
Published by Institut Agama Islam Negeri Samarinda
ISSN : 18299067     EISSN : 24606588     DOI : -
Core Subject : Humanities, Education, Art, Social,
Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
MAZAHIB Jurnal Pemikiran Hukum Islam (MAZAHIB Journal of Islamic Legal Thoughts, p-ISSN: 1829-9067, e-ISSN: 2460-6588) is a peer-reviewed journal published by the Faculty of Sharia, Samarinda State Institute of Islamic Studies (IAIN Samarinda). This scholarly periodical specializes in the study of Islamic law and seeks to present the various results of the latest research, both conceptual-doctrinal and empirical, in the field. The editors welcome contributions in the form of articles to be published after undergoing a manuscript selection mechanism, peer-review, and editing process.
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Articles 5 Documents
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Search results for , issue "VOLUME 18, ISSUE 2, DECEMBER 2019" : 5 Documents clear
The Extent of Arbitration's Preference and Independence over the Judicial System in Disputes Resolution Selection: A Re-Evaluation for Developing Judiciary and Arbitration Systems Ahmed, Ahmed Salem
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1177.366 KB) | DOI: 10.21093/mj.v18i2.1450

Abstract

The arbitration system is considered to be the most effective and efficient way of dispute resolution than the judicial litigation system. This opinion is based on several reasons such as time speed, confidentiality, flexibility, and so forth. Therefore, arbitration is considered to be able to present preference and independence in dispute resolution. However, this assumption needs to be assessed scientifically in accordance with existing realities. Hence, this article is to compare between the arbitration and other litigation systems in terms of their advantages and disadvantages. It found that arbitration was present in response to the weaknesses of the rigid justice system and its lack of creativity in creating mechanisms for disputes between disputing parties. Despite the fact, the arbitration system, in some cases, does not have independence precisely because of its flexibility, confidentiality and lack of supervision. Thus this article confirms that the actual arbitration system does not have preferences and independence that far exceeds the general litigation justice system. In other words, the advantages of the arbitration system do not exceed that of the general justice system except for its flexibility in handling unique disputes.Keywords: Arbitration system – Judicial system – needs of developing for resolving the disputes.
Legal Protection and the Problem of Accessibility for Diffable: A Comparative Study between Islamic Law and Indonesian Law Sopyan, Yayan
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (379.462 KB) | DOI: 10.21093/mj.v18i2.1994

Abstract

As a Nation of Laws, every citizen is guaranteed to their freedom, being admitted and protected to their dignity, and also possesses the same position in the presence of law. Indonesia acknowledges and protects the human rights of its citizens without differentiating their background as enshrined in the 1945 Constitution. Part of Indonesian citizens is diffable (different in ability) group and they are supposed to have the same rights, responsibility, and positions as others. However, they have physical and psychological limitations and are considered to have difficulties to access public facilities without giving them the proper access. Accessibility is an important role to actualize the parity of opportunities in every aspect of life. It is an easiness provided for diffable people to achieve the same chance. In Islam, the issue of diffability has been discussed too which is drawn from the Qur’an and Hadith as the major source of Sharia. This article aims to point out the intersection between Islamic law and Indonesian law in providing concerns towards diffable people to obtain their rights and to observe how the legal protection to accessibility for diffable has been implemented. It finds that in the normative order, both Islamic and Indonesian law have provided adequate attention and protection for diffable people. Nevertheless, the means to provide access for them is yet to be optimal. The causes are: inconsistency to properly implement the law, incomplete facilities, and the unfriendly behavior and culture towards people with disabilities.Keywords: Islamic Law, Indonesian Law, Diffable, Accessibility
Restorative Justice in Settling Minor Criminal Disputes in Ponorogo, East Java: An Islamic Law Perspective Munawaroh, Hifdhotul
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (922.176 KB) | DOI: 10.21093/mj.v18i2.1632

Abstract

This article aims at examining the viability of a village court as an alternative settlement of minor criminal disputes in the district of Mlarak, Ponorogo, East Java. Among the cases resolved through restorative justice are petty theft, juvenile delinquencies, crimes against women and children, and public order disruption. The village court has used mediation among the disputants in the search of a consensus without harming each party. The consensus achieved signifies the return of balance in the community which has been damaged by the offenses. This makes dispute resolution through mediation and customary justice in line with the concept of Restorative Justice. However, there are obstacles in the resolution of cases through mediation. This includes: first, there are no regulations governing village justice procedures so that the mediation and village justice procedures differ from one village to another. Second, the determination of sanctions for minor criminal offenses is perceived to have not deterred some of the perpetrators. This is evidenced by the repetition of criminal acts committed by the perpetrators which, thus, has created public unrest. Third, the level of understanding of community leaders towards the law is still lacking. This has resulted in discrepancies in settling the disputes. From the Islamic law perspective, the settlement of a dispute by means of the village justice is in accordance with the Sharia. It constitutes the implementation of al-shulh system and ta‘zīr concept in the provision of punishment for the perpetrators Keyword: Restorative Justice, al-Sulh, Alternative Dispute Resolution (ADR), Minor Criminal Disputes
An Ambiguity of Constitutional Law Major at the Faculty of Sharia of Islamic Higher Education Institutions in Indonesia Zainuddin, Zainuddin; Yustiloviani, Yustiloviani; Raus, Afrian; Mauliddin, Mauliddin
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (586.923 KB) | DOI: 10.21093/mj.v18i2.1595

Abstract

This article examines the problem of majoring Constitutional Law at the Faculty of Sharia in Islamic Higher Education Institutions in Indonesia. There is an ambiguity of the essence of Constitutional Law at the Faculty of Sharia whose Siyasah (simply translated into Constitutional Law) as a major. The core subjects of constitutional law are legal studies on basic law aka constitution. Meanwhile, the essence of siyasah is politics. Does this ambiguity occur only in the nomenclature or also in its implementation as well that include the department’s vision, mission, curriculum, competency, and profile of graduates? This study was a library research which employs a qualitative data analysis towards the so-called siyasa department’s vision and mission documents, curriculum documents, textbooks assigned, teaching materials, research journals, and websites across Islamic Higher Education Institutions in Indonesia. It found that there has been an ambiguity in some Departments of Constitutional Law at the Faculty of Sharia both in the Department nomenclature and in its implementation, such as vision, curriculum, student final assignments, student competency, and profile of graduates. This ambiguity lies in which specialization aims at by the major: law in general, politics, or constitution? On the one hand, the objective of the department is to train the students with legal studies focusing on Islamic Constitutional Law (Qanun Dusturi al-Islamy). On the other hand, the courses on politics are prominent too while there is not enough subjects on the Islamic Constitutional Law. It thus suggests the siyasa Department management across the Faculty of Sharia in Indonesia reorient their vision and mission and match them with their curriculum and programs.Keywords: Ambiguity, constitutional law, Faculty of Sharia
Monopolizing Religious Blasphemy Law Interpretation in Indonesia: The Strategy of Lawfare and the Exercise of Power Widyantoro, Hary; W Munthe, Fredy Torang
Mazahib VOLUME 18, ISSUE 2, DECEMBER 2019
Publisher : IAIN Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (626.283 KB) | DOI: 10.21093/mj.v18i2.1572

Abstract

The article explores the process of monopolizing Blasphemy law interpretation by several Islamist groups and its impact on the freedom of religion in Indonesia. Even though the result of blasphemy cases in the national context is predictable, the local context shows a different dynamic. This article examines several religious blasphemy cases locally, such as Otto Radjasa’s in Balikpapan, Sukmawati’s in Jakarta, and Ganjar Pranowo’s in Central Java. It seeks to answer how has religious blasphemy been defined and interpreted by the Islamist group and how each interest has influenced the group interpretation and strategy to bring the offenders of the blasphemy law to the jail. It argues that monopolizing the law interpretation consists of two main strategies: first, by using lawfare against the political rivals, and second, by employing the exercise power while taking financial advantages from the offenders. The article contributes to the academic discussion on the exercise of power and hegemony in influencing the blasphemy law interpretation in Muslims majority countries.Keywords: Religious Blasphemy, Islamists, Power, Hegemony

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