Journal Analytica Islamica
Journal Analytica Islamica: Journal of Islamic Sciences is a journal that includes the study of Islamic Thought, Islamic law, the Quran, the Hadis, Islamic Education, Islamic Economics and Islamic Communication.
Articles
501 Documents
<![CDATA[LEGAL RESPONSIBILITY FOR COPYRIGHT INFRINGEMENT IN THE SALE AND PURCHASE OF UNOFFICIAL K-POP MERCHANDISE AS REVIEWED FROM MUI FATWA NO. 1 2005 ]]>
<![CDATA[Nurhaliza, Fitria]]>;
<![CDATA[Hasanah, Uswatun]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28468
<![CDATA[K-Pop merchandise is part of the work protected by intellectual property rights (IPR), both in the form of copyright and trademark rights. However, the practice of buying and selling unofficial K-Pop merchandise is still rampant, especially through online marketplace platforms, and raises legal and ethical issues. This study aims to analyze the forms of copyright infringement in the sale of unofficial K-Pop merchandise and the legal liability of the parties involved, reviewed from positive law and the MUI Fatwa Number 1 of 2005. This study uses an empirical juridical approach with data collection techniques through online observation of the practice of selling unofficial merchandise on the Shopee marketplace as well as a literature study of laws and Islamic legal literature. The results show that the practice of selling unofficial K-Pop merchandise contains copyright and trademark violations due to the use of works without permission for commercial purposes, thus contradicting the provisions of the Copyright Law and the principles of Islamic muamalah. The novelty of this study lies in the integrative analysis of the legal liability of sellers and marketplaces as transaction facilitators, which is not only juridical, but also includes moral and religious dimensions. This study confirms that this practice is not justified under either positive law or Islamic law because it violates the principles of justice and protection of property rights.]]>
<![CDATA[COMPANY RESPONSIBILITY FOR DAMAGE TO COMMUNITY AGRICULTURAL LAND RESULTING FROM INDICATED GAS LEAKAGE IN ROBURAN DOLOK VILLAGE FROM THE MAQASHID SYARIAH PERSPECTIVE ]]>
<![CDATA[Lubis, Ishaq London]]>;
<![CDATA[Efendi, Rahmad]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28655
<![CDATA[This study aims to analyze the legal liability of PT Sorik Marapi Geothermal Power (SMGP) for the damage to agricultural land and environmental impacts that occurred in Roburan Dolok Village, Mandailing Natal Regency, and to review it from the perspective of Maqashid Syariah. The background of this study departs from a series of incidents of hydrogen sulfide (H₂S) gas leaks and hot mudflows that are strongly suspected to be related to the company's operational activities, which not only caused casualties, but also damaged dozens of agricultural areas and threatened the sustainability of the livelihoods of agrarian communities. This condition raises legal and ethical problems related to the enforcement of corporate liability in high-risk business activities. The focus of the research problem is directed at the application of the strict liability doctrine as regulated in Article 88 of Law Number 32 of 2009 concerning Environmental Protection and Management, and its relevance to the principles of Maqashid Syariah, especially the protection of life (hifz al-nafs), protection of property (hifz al-mal), and protection of the environment (hifz al-bi'ah). The research method used is normative legal research with a descriptive-analytical approach. The research data is sourced from primary legal materials in the form of relevant laws and regulations, as well as secondary legal materials in the form of scientific literature and credible media reports that document the facts of environmental damage and its impact on society. The analysis was conducted by examining positive legal norms and integrating them with the Maqashid Syariah approach as an ethical-normative framework. This research is expected to provide theoretical contributions to the development of Islamic environmental law and serve as a practical reference for enforcing just and welfare-oriented corporate accountability.]]>
<![CDATA[IMPLEMENTATION OF MANDAILING NATAL REGENT REGULATION NUMBER 36 OF 2022 REGARDING THE GAS LEAK INCIDENT OF SORIK MARAPI PLTP FROM AN INDUSTRIAL AND SCIENTIFIC PERSPECTIVE ]]>
<![CDATA[Pulungan, Khoirotun Nisa]]>;
<![CDATA[Nas, Zulkifli]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28363
<![CDATA[This study examines the implementation of Mandailing Natal Regent Regulation Number 36 of 2022 concerning the management of gas leak incidents ats at the Sorik Marapi Geothermal Power Plant (PLTP). The regulation was enacted as a preventive and responsive policy to protect communities living in high-risk areas surrounding geothermal industrial activities. Using an empirical legal research design with a qualitative case study approach, data were collected through in-depth interviews with local government officials, environmental agencies, disaster management authorities, civil society organizations, and affected residents, as well as field observations and document analysis. The findings indicate that although the regulation provides a comprehensive normative framework for emergency preparedness covering early warning systems, evacuation procedures, medical response, and inter-agency coordination its implementation has not been fully effective. Key shortcomings include the absence of functional gas detection and warning systems in residential areas, unstructured evacuation mechanisms, reactive rather than preventive medical responses, and weak coordination between local authorities and geothermal operators. ]]>
<![CDATA[EMPLOYMENT PROTECTION IN THE CONSTRUCTION SECTOR IN WAGE DISPUTES FROM THE MAQASID SYARI'AH PERSPECTIVE ]]>
<![CDATA[Suwandi, Krisnadi Kusuma]]>;
<![CDATA[Marpaung, Zaid Alfauza]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28489
<![CDATA[Informal construction workers constitute one of the most vulnerable labor groups, particularly in matters related to wage rights. The absence of clear contracts, the dominant position of employers, and the limited availability of legal protection mechanisms place these workers in a weak bargaining position. This study aims to analyze the forms of legal protection available to informal construction workers in wage disputes based on Indonesian positive law and to compare them with the perspective of Maqasid al-Shari’ah. This research employs an empirical legal method with a sociological approach. The findings reveal that although legal protection is normatively provided through labor regulations, its implementation remains ineffective due to weak supervision, the absence of written agreements, low legal literacy among workers, and highly hierarchical employment relations. From the perspective of Maqasid al-Shari’ah, practices such as unilateral wage deductions, delayed payments, and unclear employment agreements constitute violations of the principles of hifz al-māl (protection of wealth) and hifz al-nafs (protection of life), and contradict the value of justice (‘adl).]]>
<![CDATA[LIABILITY OF MOBILE PHONE SERVICE TECHNICIANS FOR DAMAGE OCCURRING DURING REPAIRS ACCORDING TO THE MALIKI SCHOOL OF LAW ]]>
<![CDATA[Balqiest, Tiara]]>;
<![CDATA[Hayati, Amal]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28470
<![CDATA[The development of mobile phone service as a necessity of modern society has not been fully followed by clear legal accountability for damaged goods and loss of consumer data. Informal service practices, minimal transparency, and the absence of clear boundaries of responsibility often create legal uncertainty and are detrimental to consumers. This study aims to analyze the accountability practices of mobile phone service personnel in Medan Perjuangan District and assess them from the perspective of Maliki Islamic jurisprudence as formulated in the book Al-Muwaṭṭa’. The study uses an empirical juridical approach with qualitative methods through interviews and literature studies. The results show that mobile phone service practices do not fully reflect the principles of trust, clarity of contracts, and responsibility (ḍamān), especially in cases of additional damage and loss of consumer data. From the Maliki perspective, control of consumer goods during the service process gives rise to legal liability obligations, unless the risks have been clearly explained and agreed upon from the beginning of the contract. The novelty of this research lies in the integration of empirical data with Maliki fiqh analysis based on Al-Muwaṭṭa’ to formulate a fairer and more relevant service accountability framework for contemporary muamalah practices.]]>
<![CDATA[LEGAL REVIEW OF THE RIGHTS OF ONLINE MOTORCYCLE JEK DRIVERS TO HOLIDAY BONUSES IN EMPLOYMENT RELATIONS BASED ON CIRCULAR LETTER OF THE MINISTER OF MANPOWER NO. M/3//HK.04.III/2025 ]]>
<![CDATA[Simamora, Kamaluddin]]>;
<![CDATA[Sahliah, Sahliah]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28617
<![CDATA[The rapid expansion of application-based transportation has transformed employment relations in Indonesia, particularly in the digital partnership model between platform companies and online motorcycle taxi drivers. Unlike formal workers, online drivers are categorized as partners, thereby excluding them from structural entitlements such as religious holiday allowances (THR) under Minister of Manpower Regulation No. 6 of 2016. In 2025, the government issued Circular Letter of the Minister of Manpower No. M/3/HK.04.00/III/2025 encouraging platform companies to provide a religious holiday bonus equivalent to 20% of drivers’ average annual net income. This study aims to analyze the juridical status of the holiday bonus within Indonesia’s labor law framework and to examine its implementation and fairness in Medan City. Employing a normative-empirical method with a qualitative approach, this research integrates regulatory analysis, doctrinal legal review, and field interviews with online motorcycle taxi drivers. The findings indicate that the partnership status limits drivers’ formal labor rights; however, the ministerial circular represents an initial state intervention toward enhancing protection for workers in the digital informal sector. Empirical data reveal inconsistencies in implementation, lack of transparency, and disparities in bonus distribution, leading to perceptions of distributive injustice. The study contributes to labor law discourse by highlighting the need for clearer regulatory frameworks governing digital platform workers and strengthening legal protection mechanisms in Indonesia’s evolving gig economy.]]>
<![CDATA[ANALYSIS OF THE RESTRUCTURING OF THE MUSYARAKAH MUTANAQISAH CONTRACT IN THE DECISION OF THE RELIGIOUS COURT BASED ON THE FATWA DSN-MUI/89/XII/2013 ]]>
<![CDATA[Anggraini, Diah Sisca]]>;
<![CDATA[Rokan, Mustapa Khamal]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28393
<![CDATA[This study aims to analyze the financing restructuring regulations in the Musyarakah Mutanaqisah (MMQ) contract based on Financial Services Authority Regulation Number 2/POJK.03/2022, and examine the legal considerations of the panel of judges in the Medan Religious Court Decision Number 1224/Pdt.G/2024/PA.Mdn and the Demak Religious Court Decision Number 4/Pdt.G.S/2024/PA.Dmk reviewed from the perspective of the DSN-MUI Fatwa Number 89/XII/2013 concerning Sharia Financing Restructuring. This study uses a normative juridical method with a statutory approach, a case approach, and a conceptual approach. The results show that POJK Number 2/POJK.03/2022 provides a normative framework for Islamic banks to restructure problematic financing through rescheduling, reconditioning, and restructuring mechanisms while still observing the principles of prudence and sharia compliance. In the Demak Religious Court Decision, the panel of judges considered that the bank had attempted restructuring through an addendum to the agreement as a form of rescheduling, so that the legal considerations used were in line with the principles of the DSN-MUI Fatwa Number 89/XII/2013. On the other hand, in the Medan Religious Court Decision, the customer's restructuring request was not used as a basis for consideration, and the panel of judges based their decision more on the Mortgage Law without referring to the DSN-MUI fatwa. This study concludes that there are differences in the judges' paradigms in interpreting sharia financing restructuring, which has implications for the non-uniform application of sharia principles in resolving sharia economic disputes within the Religious Court environment.]]>
<![CDATA[CULTURAL INDUSTRY 4.0: A CRITIQUE OF PERSONAL BRANDING AND THE COMMODIFICATION OF IDENTITY IN THE DIGITAL INFLUENCER ECOSYSTEM ]]>
<![CDATA[Harahap, Mhd. Harvinsyah Rozi]]>;
<![CDATA[Ritonga, Hasnun Jauhari]]>;
<![CDATA[Tanjung, Ahmad Sujai]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28622
<![CDATA[The rapid expansion of digital communication technologies has transformed identity into a strategic and economic asset within platform capitalism. Social media influencers and infotainment media increasingly operate within a system where personal branding becomes central to symbolic production and market exchange. This study aims to critically analyze the commodification of identity in the influencer ecosystem and televised infotainment through the lens of Critical Communication Theory. Employing a qualitative embedded case study approach, the research examines selected Indonesian Instagram and TikTok influencers alongside RCTI Infotainment broadcasts. Data were collected through systematic digital documentation, audio-visual transcription, and structural contextual review, and analyzed using thematic coding and critical interpretive analysis grounded in the culture industry thesis and digital capitalism theory. The findings reveal that curated authenticity, emotional dramatization, and commercial integration are structured by algorithmic governance and engagement metrics, transforming subjectivity into a monetizable commodity. Both digital influencers and broadcast infotainment demonstrate structural continuity in reproducing instrumental rationality and neoliberal market logic. The study contributes to the expansion of the culture industry concept into Culture Industry 4.0, where identity itself becomes the primary unit of economic production. It concludes that personal branding is not merely an individual communication strategy but a structural mechanism embedded in digital capitalism, with implications for media ethics, identity formation, and critical communication scholarship. Future research is encouraged to incorporate audience reception analysis and comparative cross-platform studies to further explore dynamics of power and resistance in digital culture.]]>
<![CDATA[THE PRACTICE OF TALAQQI RUKBAN AMONG FISHERMEN IN TANJUNG BALAI FROM THE PERSPECTIVE OF WAHBAH AZ-ZUHAILI ]]>
<![CDATA[Manurung, Sefty Adelia]]>;
<![CDATA[Ramadhan, Muhammad]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28476
<![CDATA[This research examines the practice of talaqqi ruqban in buying and selling transactions of fishermen's catches in Tanjung Balai, North Sumatra, using the muamalah jurisprudence perspective of Wahbah Az-Zuhaili. This practice occurs when wholesalers buy fishermen's catch directly in the middle of the sea before fishermen enter the market, at prices that tend to be lower than market prices. This research aims to analyze the characteristics of this practice empirically and assess its conformity with the principles of justice, transparency and protection of the weak in Islamic law. The method used is empirical legal research with a qualitative approach through in-depth interviews, field observations, and studies of classical and contemporary jurisprudence literature. The research results show that although fishermen subjectively feel helped and are willing to carry out transactions, this practice has the potential to weaken fishermen's bargaining position and cause market distortions due to information asymmetry and economic dependence on contractors. ]]>
<![CDATA[WORKSHOP OWNER'S RESPONSIBILITY FOR MOTORCYCLE DAMAGES AFTER REPAIR: WAHBAH AZ-ZUHAILI'S PERSPECTIVE CASE STUDY OF NORTH PADANG LAWAS REGENCY, PADANG BOLAK DISTRICT ]]>
<![CDATA[Muda, Ilfendri]]>;
<![CDATA[Efendi, Rahmad]]>
<![CDATA[ Journal Analytica Islamica Vol 15, No 1 (2026): ANALYTICA ISLAMICA ]]>
Publisher : <![CDATA[Program Pascasarjana UIN Sumatera Utara ]]>
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DOI: 10.30829/jai.v15i1.28616
<![CDATA[This study examines the liability of workshop owners for motorcycle damage after repair services in Padang Bolak Subdistrict, North Padang Lawas Regency, and analyzes it through the perspective of Wahbah az-Zuhaili’s Islamic legal thought. The research responds to the gap between normative consumer protection regulations and empirical practices in small-scale repair services. Using an empirical legal approach with qualitative analysis, data were collected through in-depth interviews, observation, and documentation, then examined in light of Indonesian Consumer Protection Law and the fiqh concept of ijarah and dhaman. The findings reveal that workshop owners’ liability has not been implemented adequately. Most workshop owners avoid providing compensation or re-repair services even when post-repair damage is linked to technical negligence. This condition is influenced by limited legal awareness, economic constraints, and weak professional ethics. From Wahbah az-Zuhaili’s perspective, repair services constitute an ijarah contract grounded in trust (amanah) and liability (dhaman). Any negligence resulting in loss obliges the service provider to bear responsibility under the principle of al-ghurm bil ghunm. This study contributes theoretically by integrating empirical consumer protection issues with contemporary Islamic legal doctrine, demonstrating that liability in service transactions is not merely a legal obligation under national law but also a binding moral and sharia obligation. Practically, the findings highlight the need to strengthen legal literacy and ethical awareness among service providers to ensure fair and accountable consumer protection.]]>
