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AL-Ishlah : Jurnal Ilmiah Hukum
Published by Universitas Muslim Indonesia
ISSN : 14109328     EISSN : 26140071     DOI : https://doi.org/10.56087/aijih.v25i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Al-Ishlah : Jurnal Ilmiah Hukum adalah jurnal peer review yang diterbitkan dua kali setahun Mei dan November oleh Fakultas Hukum Universitas Muslim Indonesia sejak Tahun 1998, dimaksudkan untuk menjadi jurnal untuk penerbitan hasil penelitian tentang hukum baik studi empiris dan normatif, terutama dalam masalah hukum kontemporer. Berbagai topik tetapi tidak terbatas pada: 1. Hukum Pidana 2. Hukum Konstitusi 3. Hukum Perdata dan Komersial 4. Hukum Hak Asasi Manusia 5. Hukum Ekonomi 6. Hukum Internasional 7. Hukum Islam atau Syariah 8. Hukum Adat 9. Hukum Lingkungan 10. Pendidikan Hukum 11. Hukum Komparatif Jurnal ini bertujuan terutama untuk memfasilitasi dan menyediakan forum bagi para sarjana hukum dan profesional untuk membahas dan mempromosikan perkembangan terkini tentang masalah hukum di seluruh dunia, diterbitkan dalam bahasa Indonesia, dan tinjauan ini berupaya memperluas batasan wacana hukum Indonesia untuk mengakses kontributor dan pembaca di seluruh dunia. Oleh karena itu, tinjauan ini menerima kontribusi dari para sarjana dan profesional hukum internasional serta dari perwakilan pengadilan, penegak-penegak hukum, otoritas eksekutif, pemerintah, dan lembaga kerjasama pembangunan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 101 Documents
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Penerapan Asas Lex Specialis Derogat Legi Generali pada Kasus KDRT dengan Status Perkawinan Siri Sutiawati, Sutiawati
Al-Ishlah: Jurnal Ilmiah Hukum Vol 26 No 2: Juni - November 2023
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v26i2.465

Abstract

This study aims to analyze the application of the principle lex specialis derogat legi generali through Law Number 23 of 2004 in cases of domestic violence with unofficial marriage status. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that Law Number 23 of 2004 effectively applies in cases of domestic violence with unofficial marriage status. An unofficial marriage, even though not registered at the Religious Affairs Office, receives recognition and legal protection under Islamic law provisions. Furthermore, the lex specialis derogat legi generali principle ensures that Law Number 23 of 2004 supersedes the Penal Code in handling domestic violence cases. The Gorontalo District Court Decision Number 323/Pid.Sus/2016/PN Gto has also reinforced this validity, which applied Law Number 23 of 2004 in a case of domestic violence with unofficial marriage status. Conversely, applying the Penal Code in cases of domestic violence with unofficial marriage status would contradict the principle of lex specialis derogat legi generali. Therefore, it is recommended that the Police increase awareness and training on the importance of recognizing unofficial marriage status according to Islamic law in the context of applying Law Number 23 of 2004. For the Public Prosecutor, there needs to be a consistent approach in applying Law Number 23 of 2004 as the foundation for prosecution, ensuring that Law Number 23 of 2004 is prioritized over the Penal Code. Meanwhile, for Judges, it is crucial to continue strengthening jurisprudence that supports the supremacy of Law Number 23 of 2004 in cases of domestic violence with unofficial marriage status, as established in the Gorontalo District Court Decision. It will enhance justice and legal protection for victims in future cases of domestic violence.
Penyelesaian Perselisihan Pembatalan Kontrak Pertunjukan Musik Akibat Efek Tindakan Kontroversial Tarigan, Gita Gisela Andriani Br; Sukarja, Detania; Harianto, Dedi; Azwar, Tengku Keizerina Devi
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.476

Abstract

This research aims to analyze the category of music performance contract cancellations due to controversial actions and the forms of non-litigation dispute resolution between the event organizer and 1975. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the controversial actions of The 1975 vocalist in Malaysia, leading to the cancellation of their performance at “We the Fest 2023” in Jakarta, constitute a breach of contract. This cancellation not only reveals the direct impact on the event but also highlights the importance of clauses in contracts that specifically regulate public behavior and the potential consequences of such behavior, both legally and ethically. Furthermore, the dispute resolution between the Event Organizer and The 1975 following the cancellation of their performance was achieved through negotiation. The dispute resolution process between the two parties was effective and took only two days, demonstrating that negotiation is a quick and efficient non-litigious method. Therefore, it is recommended that event organizers and artists, singers, or bands include and clarify clauses in performance contracts related to public behavior and its potential consequences. These clauses should detail the fines or legal consequences that may arise from controversial actions that could negatively affect the execution of the contract or the reputation of the involved parties. Additionally, Event Organizers are advised to set behavior standards that band personnel must adhere to while on stage, thereby minimizing the risk of future music performance cancellations. Lastly, both Event Organizers and music bands should prioritize non-litigation as the initial step before pursuing litigation, as negotiation has proven efficient and effective in resolving disputes arising from breaches of contract due to controversial actions.
Arah Pengembangan Ekosistem Halal dalam Kebijakan Publik: Studi Hukum Islam dan Peraturan Perundang-Undangan di Indonesia Marnita, Marnita
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.477

Abstract

This research aims to explore the direction of halal ecosystem development in public policy in Indonesia. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that implementing the halal ecosystem concept in public policy in Indonesia has had significant social and economic impacts. Legislation such as Law Number 33 of 2014 has supported establishing and developing infrastructure and the halal product certification process. Additionally, an increase in the Islamic economic literacy index indicates a growth in public awareness. In contrast, a decline in the Sharia financial inclusion index identifies challenges that must be addressed. Therefore, it is recommended that the Government continue to update and adjust legislation that supports the halal economy, ensuring that these policies are responsive to global dynamics and domestic needs. Businesses need to enhance innovation and standardize products to maintain trust and meet consumers’ evolving expectations. Educational institutions should continue to expand research and education programs that support disseminating knowledge on Islamic economics and halal practices, particularly in addressing the challenges of literacy and financial inclusion in Sharia. Finally, Religious Leaders are expected to play an active role in educating the public, guiding the community with accurate knowledge about Islamic law, and ensuring that halal practices are effectively integrated into daily life. Synergy and integrated collaboration among all parties will strengthen Indonesia’s halal ecosystem, foster innovation, and maintain the country’s position as a leader in the global halal market.
Kebijakan Pembangunan Ibu Kota Negara sebagai Strategi Pencapaian Tujuan Pembangunan Berkelanjutan di Indonesia Azizah, Nur; Burhan, M. Ghiffari Ramadhan; Irwansyah, Irwansyah; Sagena, Uni W.; Masjaya, Masjaya
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.481

Abstract

This study aims to evaluate the implementation of the Nusantara Capital development planning policy as a strategy to accelerate the achievement of the development of sustainable cities and communities. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that the development of the Nusantara Capital has been strategically integrated with the SDGs. A solid legal and policy foundation has facilitated a holistic approach in planning and implementing this project, covering everything from efficient spatial organization to sustainable resource management. This policy implementation demonstrates a solid commitment to sustainable development principles, including environmentally friendly infrastructure development, social integration, and community participation. Moreover, the development of the Nusantara Capital explicitly supports the achievement of the development of cities and communities, which aims to create inclusive, safe, resilient, and sustainable urban environments. This approach ensures that development targets such as adequate housing, sustainable transportation, cultural heritage preservation, and environmental management are holistically integrated, meeting long-term objectives while addressing urbanization challenges. Therefore, it is recommended that the government should continue to strengthen policies and regulations that support sustainable development practices, ensuring transparency and accountability in every phase of development. For the private sector and industry, it is highly advisable to invest in environmentally friendly technologies and sustainable practices that support the vision of the Nusantara Capital as a model for future cities. Meanwhile, the community should be actively involved in the planning and decision-making processes to ensure that development is inclusive and meets local needs. Cooperation among all parties is essential to achieve inclusive, safe, resilient, and sustainable development goals, in line with SDG 11.
Peran Kantor Urusan Agama dalam Pencegahan Perwalian yang Tidak Berhak: Perspektif Hukum Perkawinan Islam Delvira, Shania; Firmansyah, Heri
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.482

Abstract

This research aims to examine in depth the process of examining marriage guardian administrative data and the proactive role of the Religious Affairs Office of West Medan Sub-district in preventing unauthorized guardianship. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that the Religious Affairs Office of West Medan Sub-district has played a central role in ensuring the legitimacy of marriage guardians through a careful and thorough data examination process and proactive efforts in providing education and outreach to the community. Islamic legal principles, such as amar ma’ruf nahi munkar (enjoining good and forbidding evil), al-’adl (justice), hifz al-nasl (preservation of lineage), maslahah (public interest), and hisbah (accountability), serve as the philosophical and ethical foundations guiding the KUA’s role in maintaining the validity of marriages and protecting the rights of all parties involved. Nevertheless, challenges such as public ignorance, data manipulation, and administrative discrepancies require the KUA to continuously improve the capacity and professionalism of its officers, enhance the data verification system, and strengthen cross-agency coordination. Furthermore, the community must be continuously encouraged to understand the importance of legitimate guardianship and the legal consequences of unauthorized guardianship through intensive and relevant education and outreach programs. Thus, it is hoped that the KUA’s role in preventing unauthorized guardianship can be optimized, creating a more law-abiding and dignified society that upholds noble religious values in every aspect of life, including in marriage, which is the main foundation for building a sakinah, mawaddah, and warahmah (tranquil, loving, and compassionate) family.
Status Pengadilan Rakyat dalam Menyelesaikan Sengketa Tanah di Masyarakat Dago Elos Wahyu, Fajar Ardiansah; Tamam, Mundzir; Musthofa, Ahmad Misbakh Zainul
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.483

Abstract

This study aims to analyze the status of the People’s Tribunal within the context of land dispute resolution in the Dago Elos community. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that despite lacking legally binding power, the People’s Tribunal plays a crucial role in fighting for justice and giving a voice to communities who feel their rights have been neglected by the formal judicial system. In the context of the Dago Elos land dispute, the People’s Tribunal serves as a platform for the community to articulate their dissatisfaction with court decisions perceived as unjust, and to fight for recognition of their rights to land and natural resources. The People’s Tribunal also symbolizes resistance against the legacy of colonialism and encourages more responsive legal reforms. Therefore, it is recommended that law enforcement agencies consider the People’s Tribunal’s verdict as valuable input in the law enforcement process, especially in cases involving structural injustice and human rights violations. The government needs to be more responsive to the aspirations of the community and strive for agrarian legal reforms that are more just, by recognizing and protecting the rights of local communities to land and natural resources. The community is advised to continue to strengthen the role of the People’s Tribunal as an alternative means of dispute resolution and upholding justice. In addition, the community is expected to participate in the decision-making process and oversee public policies related to the management of land and natural resources to ensure that these policies benefit the wider community and are sustainable.
Pengaduan oleh Korban Tindak Pidana Perzinaan: Studi Perbandingan Hukum Pidana dan Hukum Islam Nasution, Ahmad Adanan; Harahap, Mar’ie Mahfudz
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.484

Abstract

This study aims to comprehensively analyze the differences between the complaint system for victims of adultery in the new Penal Code and Islamic Criminal Jurisprudence. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The findings reveal fundamental differences between the two legal systems, despite a convergence in the expanded definition of adultery. The new Penal Code retains adultery as a complaint offense, allowing for the withdrawal of complaints before the trial examination begins. Conversely, Islamic Criminal Jurisprudence categorizes adultery as an ordinary offense, with complaints treated as da’wa (lawsuits) that, once proven, cannot be withdrawn due to their violation of Allah’s law. This distinction reflects a fundamental philosophical divergence between the two legal systems. The new Penal Code prioritizes protecting individual interests and providing room for reconciliation, while Islamic Criminal Jurisprudence emphasizes upholding moral values and divine justice. Therefore, it is recommended that law enforcement officers understand the philosophical differences and practical implications between the new Penal Code and Islamic Criminal Jurisprudence when handling adultery cases. Victims should understand their rights and the consequences of any legal action, including the possibility of reconciliation within the new Penal Code’s framework. Furthermore, society should enhance its understanding of both legal systems to actively participate in preventing and addressing adultery cases wisely and based on noble moral values, fostering a social environment conducive to peaceful and dignified conflict resolution.
Dampak Penerapan Persyaratan Surat Tes Kesehatan Pranikah terhadap Praktik Nikah Siri Julianti, Alvionita; Lubis, Azwani
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.485

Abstract

This research aims to understand the impact of implementing premarital health test certificate requirements on unregistered marriage practices in Ujung Batu III Village. This study combines normative and empirical research methods. Subsequently, the collected data were analyzed qualitatively to describe the problem and address the research purposes. The results show that implementing premarital health test certificate requirements in Ujung Batu III Village has a complex impact on unregistered marriage practices. Although this policy aims to raise awareness about the importance of reproductive health and prevent early marriage, it has become an obstacle for some prospective couples who choose unregistered marriage. This is due to several factors, such as a lack of understanding about the importance of health tests, concerns about privacy and social stigma, conflicts between state law and religious law, and the prevalence of early marriage. Therefore, it is recommended that the Religious Affairs Office of Hutaraja Tinggi Sub-district intensify outreach and education about the importance of premarital health tests and their implications, especially for couples potentially engaging in unregistered marriage. The Ujung Batu III Village Government needs to strengthen coordination with the Religious Affairs Office and health institutions and involve community and religious leaders in disseminating the policy and providing guidance to prospective couples. Health institutions must improve the accessibility and quality of premarital health test services, including expanding the scope of examinations and providing comprehensive counseling. Community and religious leaders should play an active role in educating the public about the importance of healthy and registered marriages and help eliminate the stigma associated with health tests and early marriage. The community needs to proactively seek information about reproductive health, understand the importance of premarital health tests, and support government efforts in preventing early marriage and unregistered marriages.
Peran Hukum Administrasi dalam Mewujudkan Kemandirian Desa Berdasarkan Kearifan Lokal Arifin, Firdaus
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.495

Abstract

This study aims to analyze the role of State Administrative Law in realizing village autonomy based on local wisdom. The method used in this research was a qualitative approach with interviews, observations, and analysis of documents in some of the villages that were the subject of the study. These results show that State Administrative Law is vital in providing a foundation for villages to manage resources and development based on local potential and needs. Local wisdom is crucial for decision-making and resource management within villages, contributing to environmental sustainability and cultural preservation. The synergy between State Administrative Law and local wisdom creates effective policies that empower communities. Challenges in implementation, such as regulatory mismatches with local values, low legal literacy, and conflicts of interest, need to be addressed through legal socialization, capacity building, and collaboration. Therefore, it is recommended that the Government formulate inclusive and adaptive regulations to local wisdom and enhance human resource capacity in villages. Academics should conduct further research and provide policy recommendations. The private sector should play an active role in village economic empowerment, and village communities should actively participate in development and preserve local wisdom.
Keabsahan Surat Menteri Keuangan terkait Santunan Kecelakaan Kerja Penyelenggara Ad Hoc Pemilu 2019 Aqramawardana, Aqramawardana
Al-Ishlah: Jurnal Ilmiah Hukum Vol 27 No 2: Juni - November 2024
Publisher : Fakultas Hukum, Universitas Muslim Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56087/aijih.v27i2.503

Abstract

This study aims to analyze the validity of Minister of Finance Letter Number S-316/MK.02/2019 and S-317/MK.02/2019 using a state administrative law approach. This study uses a normative legal research method. The collected legal material is then qualitatively analyzed to describe the problem and answer the study objectives. The results show that although the Minister of Finance Letters are valid in terms of authority, they contain procedural and material flaws. The procedural flaw stems from non-compliance with decision-making requirements, while the material flaw arises from the inconsistency of the decision’s substance with the principles of humanity, benefit, and social justice. Nevertheless, based on the principle of presumptio iustae causa, the Minister of Finance Letters are still considered valid until annulled through the state administrative court. These decisions set an unfavorable precedent in state administration as they can create legal uncertainty for ad hoc election organizers, who should receive proper protection and social security as a form of appreciation for their contributions to the democratic process. Therefore, it is recommended that the Minister of Finance conduct a comprehensive review of decision issuance procedures to ensure their compliance with Law Number 30 of 2014. The General Election Commission and the Election Supervisory Board are recommended to improve the quality of their submitted proposals by ensuring comprehensive studies, considering the principles of democratic election administration, and paying attention to the principles of social security administration. Ad hoc election organizers are recommended to always be proactive in fighting for their rights, including proper protection and social security, in accordance with applicable legislation, and not hesitate to utilize available legal mechanisms if their rights are neglected.

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