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Syariah: Jurnal Hukum dan Pemikiran
Published by Universitas Islam Negeri Antasari Banjarmasin
ISSN : 14126303     EISSN : 2549001X     DOI : 10.18592/sjhp.v22i1.4843
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Syariah specializes on Law and Islamic law, and is intended to communicate original research and current issues on the subject. This journal warmly welcomes contributions from scholars of related disciplines.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol 24 No 2 (2024)" : 6 Documents clear
Revitalisasi Lahan Terlantar: Ihyā' al-Mawāt karya Syekh Muhammad Arshad Al-Banjari sebagai Model Ekonomi Pesantren di Masyarakat Banjar Abad ke-18 Sairazi, Abdul Hafiz; Jamalie, Zulfa; Sukarni, Sukarni; Hanafiah, M.
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.13135

Abstract

This study examines the concept of ihyā’ al-mawāt as implemented by Sheikh Muhammad Arshad al-Banjari in 18th-century Banjarese society, focusing on its socio-economic and legal significance. While ihyā’ al-mawāt—the revitalization of abandoned land—is well-documented in Islamic jurisprudence, its practical application by Sheikh Muhammad Arshad remains underexplored. Using a historical approach and a normative legal framework, the research investigates the methods employed in land cultivation, the establishment of communal agricultural systems, and their integration into pesantren institutions. The findings reveal that Sheikh Muhammad Arshad spearheaded land reclamation through the collective efforts of his community, transforming swampy and neglected areas into fertile agricultural land. This initiative not only enhanced the community’s economic welfare but also laid the groundwork for an agro-economic model within pesantren education. The study underscores the enduring relevance of Islamic legal principles in addressing societal challenges and fostering sustainable community development.
Digitalisasi Peradilan di Indonesia Tengah: Studi Implementasi E-Court dan E-Litigasi di Pengadilan Lahilote, Hasyim Sofyan; Soleman , Frangky; Hasan, Faradila; Basri, Rusdaya; Lahilote, Azizah
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.13879

Abstract

The implementation of electronic court systems in Indonesia has gained momentum with the issuance of PERMA No. 7 of 2022 on Electronic Case Administration and Court Proceedings. This study aims to analyze the implementation of e-Court and e-Litigation in the Bitung and Praya Religious Courts, focusing on identifying factors that influence the level of adoption and effectiveness of the system. Using an empirical juridical method with a qualitative approach, this research combines in-depth interviews with 12 key informants (including court presidents, vice presidents, judges, and clerks), direct observation for 3 days in each court, and documentation analysis. The results showed a low level of adoption, with the use of e-Court in Bitung only 9.26% and Praya 8.70%, while e-Litigation was even lower (0.54% in Bitung and 0.23% in Praya). The significant difference in case volume between the two courts (367 cases in Bitung and 3,814 cases in Praya) does not correlate with the level of technology adoption. The main barriers include limited digital infrastructure, low technological literacy and user preference for conventional services. The study recommends the development of a multilevel policy that takes into account local characteristics, the strengthening of digital literacy programs through partnerships with educational institutions, and a tiered incentive system to encourage the use of electronic services.
Integrasi Sertifikasi Syariah dalam Profesi Notaris: Analisis Hukum Perbandingan, Tantangan, dan Peluang di Negara-Negara Muslim Asia Tenggara. Anand, Ghansham; Purnamawadita, Baiq Elma; Nugraha, Xavier; Rahmat , Nur Ezan
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.14334

Abstract

Southeast Asia is part of the Asian continent located in Southeastern part of Asia or around Indochina and the islands of the Malay Peninsula. Southeast Asia is home to a largely Muslim demographic, such as Indonesia, Malaysia, Brunei Darussalam, Thailand, and the Philippines. Consequently, countries in Southeast Asia implement Islamic law into their national laws, either whole or partially. The primary sources of Islamic law are the Qur'an and Sunnah. Islamic law is frequently applied in business and banking transactions, requiring deeds or agreements. A notary is an authorised individual entitled to make authentic deeds and other documents as regulated in laws and regulations. In several Southeast Asian countries, notaries have the authority to attest an agreement or document. The making of these deeds and agreements also includes agreements based on Islamic law or Sharia law. Thus, notaries can make deeds and agreements based on Islamic law that is recognized and regulated by their respective national laws. However, in making Sharia deeds, not everyone understands the rules and principles of Islamic law, including notaries. There is a current urgency for the standardization of Sharia deed making. This serves as a crucial tool for achieving legal unification in the creation of Sharia deeds on a cross-border scale.
Analisis Perbandingan Sistem Penuntutan: Perbandingan Hukum dari Amerika Serikat dan Negara-negara Eropa Orzhynska, Elvira; Rarytska, Viktoria; Stoianov, Konstiantyn; Dontsov, Denys; Terletskii, Anatoliy
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.14472

Abstract

This research used a qualitative approach with a focus on comparative studies and document analysis. The approach was designed to explore the legal regulations and organizational systems of prosecutors' offices in the United States, European countries, and Ukraine. Data were collected through a literature review of relevant constitutions, laws, and other official documents, such as reports from international organizations, court decisions, and prosecutorial codes of ethics. The analysis was conducted using a comparative method, whereby prosecutorial systems from different countries were compared based on several key criteria. These criteria included organizational structure, level of independence, legal authority, and efficiency of human resources and funding. This approach enabled the identification of best practices that could be applied to address local challenges in Ukraine. Data were analyzed thematically to identify patterns, differences, and similarities among the prosecutorial systems studied. For example, decentralized systems in the United States were compared with centralized models in Germany and France to assess their implications for case management effectiveness. The analysis also included an evaluation of the prosecutor's ability to handle specialized cases, such as war crimes investigations, as well as integration with applicable international standards. As a final step, the research validated the findings through source triangulation to ensure the accuracy and credibility of the data. This approach provided a solid basis for developing recommendations for reforming the prosecutorial system in Ukraine oriented towards the principles of the rule of law, protection of human rights, and operational effectiveness.
Mengevaluasi Kembali Pandangan dalam Pemberantasan Tindak Pidana Korupsi di Masa Darurat Militer Prysyazhnyuk, Olexandr; Shovkun, Yuriy; Korniienko, Maksym; Pashchenko, Yevhen; Nguindip, Nana Charles
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.14876

Abstract

This research addresses the fight against corruption under martial law in Ukraine, a relevant phenomenon as corruption poses a significant threat to national stability and democracy. The purpose of this study is to evaluate the effectiveness of anti-corruption legislation and infrastructure in the context of martial law. Using an analytical and dogmatic approach, the research combines legal analysis, secondary data, and semi-structured interviews with legal experts and civil society representatives, and the implementation of anti-corruption policies. The results show that while adequate anti-corruption laws and strategies exist, their implementation is hampered by weak inter-agency coordination, non-transparency, and lack of independent oversight. The implications of this study emphasize the importance of updating anti-corruption strategies and strengthening collaboration between state institutions and civil society to comprehensively address corruption. This study recommends updating anti-corruption strategies through the application of technology such as OSINT (Open Source Intelligence), stricter law enforcement, and strengthening collaboration between state institutions and civil society. Public education to build an anti-corruption culture is also identified as a strategic step.
Paradigma Baru Keadilan Restoratif dalam Sosiologi Hukum Islam Indonesia: Respons Nahdlatul Ulama dan Muhammadiyah terhadap Penanganan Korupsi Suparno, Suparno; Rusli, Rusli; Hidarya, Ia
Syariah: Jurnal Hukum dan Pemikiran Vol 24 No 2 (2024)
Publisher : Universitas Islam Negeri Antasari Banjarmasin

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18592/sjhp.v24i2.16221

Abstract

This study explores the application of restorative justice as a new paradigm in the sociology of Islamic law in Indonesia, focusing on corruption cases and the responses of the two largest Islamic organizations: Nahdlatul Ulama (NU) and Muhammadiyah. The study addresses the limitations of the retributive paradigm, which has long dominated the justice system but has proven insufficient in achieving substantive justice and social restoration. The aim is to examine the compatibility of restorative justice with Islamic legal principles and to analyze NU and Muhammadiyah’s perspectives and recommendations on its implementation in combating corruption. This research employs a qualitative method with normative-sociological approaches through literature analysis and in-depth interviews. Findings reveal that restorative justice aligns closely with Islamic values such as sulh (reconciliation), islah (social reform), maslahah (public interest), and ‘afw (forgiveness). NU emphasizes moral and fiqh-based aspects, requiring full restitution and moral accountability, while Muhammadiyah advocates structural legal reforms, anti-corruption education, and integrity monitoring. The implication is that integrating restorative justice into the Indonesian Islamic legal framework could enhance social justice, legal efficiency, and public acceptance—provided that implementation is supported by strict regulations and transparent oversight mechanisms.

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