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Istinbath : Jurnal Hukum
Published by Institut Agama Islam Negeri Metro Lampung
ISSN : 18298117     EISSN : 25273973     DOI : https://doi.org/10.32332/istinbath.v17i1
Core Subject : Religion, Economy, Humanities, Social,
Religion Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences
Istinbath : Jurnal Hukum is Open Journal of Law, a Journal that contains legal-based scientific papers. Published by Sharia Faculty of IAIN Metro. Ever applied for accreditation in 2016. It is published twice a year in Mei and November. Istinbath Journal Law is a periodical publication of scientific articles containing thematic laws with various approaches in the scope of positive law and Islamic law. Journals are published in print and online. Istinbath Journal of Law is published by the IAIN Metro Sharia Faculty. Istinbath Journal of Law is published as an attempt to socialize scientific studies in the form of literature review articles and research results related to the law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 308 Documents
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Ratio Legis Penerapan Beban Pembuktian Terbalik Di Indonesia muhammad hatta
Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i1.3288

Abstract

The reverse proof is the burden of proof to the suspect of a crime. In principle, the application of the reversed burden of proof is against the universal law of proof and is not following the presumption of innocence. However, the reverse burden of proof contained in the Law on the Eradication of Criminal Acts of Corruption, and the Law on the Prevention and Eradication of the Crime of Money Laundering, with a Legis Ratio of the two types of crimes classified as white color crimes, and extraordinary crimes, is right. Because it can be ascertained that, when the verification process takes place, law enforcement will have difficulty in proving the guilt of the perpetrators of the crime. In Indonesia, the application of the reverse burden of proof is applied to corruption and money laundering crimes which are limited to the Eradication of Corruption Crimes and Money Laundering Crimes. In Islamic law, the application of the reverse burden of the proof system is included in the ta'zir category which is based on government policy (ulul amri). The inverse burden of proof system is implied in the Qur'an, Surah Yusuf, Verses 26-29. However, in applying the reverse proof system, the jurists use istihsan in making ijtihad on contemporary social problems. Thus, both in the perspective of general law and Islamic law, the reverse proof is something that is specifically allowed, for criminal cases where it is estimated that there will be difficulties in proving it. Keywords: Ratio Legis Reverse Proof System, Indonesia, Comparative Legal Study
Hukum Mendidik Istri Dan Anak Perspektif Hadis Nabi Dalam Kutub Al-Tis'ah nurhadi nurhadi
Istinbath : Jurnal Hukum Vol 17 No 1 (2020): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i1.1433

Abstract

This article aims to examine further the concept of education according to Islamic teachings, both within and outside the family. This study was carried out because it remembers that, in the provisions of Islamic Law, especially Islamic law which is sourced from the hadith of the Prophet Muhammad SAW which is at the pole of al-Tis'ah, education in the family is the duty and responsibility of the head of the family. From the analysis of 69 hadiths, there are two main traditions discussed regarding the law of educating wives and children for heads of families. According to the hadith of the Prophet Muhammad in the Pole Al-Tis'ah, (narrated by Tirmizi No. 2577 and Muslim No. 2137, it can be concluded that educating wives and children is fardhu ain or compulsory for the head of the family as a form of responsibility for providing spiritual sustenance (knowledge religion) to family members (the wife and childrens).
Kesaksian Habibunnas Habibunnas Habibunnas
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.3200

Abstract

Women's testimonies are a discussion that is still debatable in Islamic law studies, including women's testimonies in the field of marriage.. This paper finds in the Islamic Law Compilation or KHI that women do not have room to be witnesses. As stated in article 25 KHI which reads. “those who can be appointed as witnesses in the marriage contract are a muslim man, fair, aqil, baliqh, not impaired in memory and not deaf or deaf”. This paper uses a library research method, then analyzes it through a gender perspective approach (gender analysis) and statuory regulations (statue Approach) and uses theory content as a legal consideration analysis technique. The purpose of this paper is to analyze article 25 Compilation of Islamic Law (KHI) from the perspective of gender equality and legislation. This study found that the Islamic Law Compilation or KHI which is used as a reference for the leader in determining marriage witnesses has weaknesses, in addition to its content which reflects a lot from law No. 1 of 1974 also the basis of the article is almost entirely emphasized from the fiqh syafiiyah books which are then used as references. Whereas in Al-quran and Hadith itself it does not prohibit women from being witnesses of marriage. Likewise, constitutionally, women have the same position before the law. For this reason, there is a need for amendment to article 25 of the Compilation of Islamic Law by providing opportunities for women to be allowed to become saski in marriage.
Relevansi Ketentuan Kompilasi Hukum Islam Tentang Masa Berkabung Perspektif Mubadalah Hud Leo Maki
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.4019

Abstract

Ihdad is a period of mourning performed by the wife and husband, this is confirmed in KHI article 170 CHAPTER XIX about the period of mourning. However, in the article some words have the potential to cause problems, where the text in article 170 paragraph (1) greets women while not for men. The four words are wajib, iddah time, mourning, and slander. While the men in article 170 paragraph (2) are greeted with the word propriety. The perception raised by the article is the emergence of gender injustice in the form of stereotypes for women as a source of chaos. This study aims to find out how mubadalah reads the vision of ihdad reciprocity in KHI and mubadalah strategy in creating ihdad reciprocity for men and women. This research is a qualitative research using a content analysis approach, namely by dismantling KHI as an authoritative text with a trilogy of mubadalah (mabadi ', qawa'id, and juz'i). Meanwhile, to reveal the meaning of propriety in article 170 paragraph (2), the theory of ‘urf is used. The findings of the study are that in the perspective of mubadalah implicitly the text in article 170 already greets men and women. The application of the strategy of mubadalah in ihdad must pay attention to the traditions of the community. The contribution of this research is to increase the wealth of knowledge about the understanding of ihdad in KHI which has a vision of mubadalah as well as provide a strategy of mubadalah in realizing the reciprocity of ihdad so that it can be applied in society with a social and legal approach.
Tripartite Collaborative Institutions: Skema Konvergensi Institusi Untuk Mewujudkan Ketahanan Siber Indonesia Fradhana Putra Disantara
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.3641

Abstract

Cybercrime is a crime that is carried out systematically to damage or destroy computer networks, and will automatically have an impact on important data stored on the computer network. This article is written using a normative legal research method, with data sources in the form of primary legal materials and secondary legal materials, understood using a conceptual approach and a statute approach, then the data is analyzed qualitatively through deductive thinking. From the results of the research, it is known that the weakness of technical and non-technical infrastructure related to the network and information systems of a country is one of the reasons of cyber crime. So we need a defense concept that can overcome these weaknesses. The concept of cyber defense with tripartite collaborative institutions can be used as an option to strengthen cyber defense. With a system of cooperation between the Ministry of Defense, Kominfo, and BSSN. The Ministry of Defense focuses on cyber threats from abroad, the Ministry of Communication and Information focuses on cyber threats from within the country, while BSNN focuses on coordination, prevention, and handling of cyber crimes.
Perubahan Konstitusi : Dinamika Politik Dan Hukum Dalam Negara Yang Demokratis Firmansyah Firmansyah
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.3629

Abstract

The constitution is essentially the legal basis of a country, and has a function as a tool of social control, meaning that the law determines the charac-teristics of society. However, the law must be able to respond to changing conditions of the people. This paper uses a normative legal research method, with a conceptual approach. The data source is secondary legal materials, which are analyzed qualitatively. Talking about changing the constitution, there are several aspects that need to be studied carefully. First, the relationship between the constitution and the dynamic condition of society. Second, the aspect of domination between politics and law. When correlated, the constitution and society have a dynamic relationship, meaning that the constitution can follow changes and the dynamics of development in society. As for carrying out the formation and amendment of the constitution, politics and law are two aspects that complement each other and act as a counterweight to each other. Therefore, community involvement in the formation and amendment of the constitution is some-thing that must be considered.
Permintaan Mahar Perkawinan Dan Stigmatisasi Negatif Terhadap Perempuan Siti Zulaikha
Istinbath : Jurnal Hukum Vol 17 No 1 (2020): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v17i1.4081

Abstract

A dowry in marriage is something that is given at the request of the woman, although bargaining about the amount is common and common, until an agreement is reached between the two prospective brides. Although statistically 'there is no provision regarding the amount of dowry, there is also no limit to the smallest size of the dowry. This becomes interesting when the size of the dowry is then questioned. The fact in society is that for women who determine a dowry not in a large amount, then the woman will be considered good, on the other hand women will be underestimated if they are judged to determine their dowry in a large amount. What should be seen is the substance of the dowry, apart from being a form of respect and exaltation, the dowry must begin to be seen as a long-term investment, meaning that if it is needed later, with the wife's permission, the dowry can be used together in accordance with the provisions of syara'.
Lisensi Kreativitas Bersama (Creative Commons License) Dalam Perspektif Hukum Indonesia Dani Amran Hakim
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.3086

Abstract

The Creative Commons License is the breakthrough that non-profit organizations are making for the internet. Creative Commons has 4 (four) main conditions offered to creators for their copyrighted works, namely Attribution, Non-Comercial, No Derivatives, Share Alike. CCL is a response to the rapid development of internet technology. Various information that is accessed by the public through the internet, not a few of them are intellectual works that are protected by copyright. In the context of today's digital technology, it is very difficult to control activities such as copy-cut-paste (copying-cut-pasting), editing (editing), or sharing of documents (file sharing), which are contradictory to copyright law. So to overcome this, innovation and breakthroughs are needed that allow sharing and using creativity and knowledge without conflicting with legal provisions. The innovation is the Joint Creativity License. Through this license, a person is given the convenience to allow others to reproduce their copyrighted works, provided that their names are still listed. Creative commons is not an alternative to copyright law, but a partner to applicable copyright law.
Eksekusi Putusan Pailit Atas Perusahaan Modal Asing Di Indonesia Muhammad Rendy Rifki Putra
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.3663

Abstract

A bankruptcy Decision is a decision which states that a company is normatively bankrupt. Decisions were issued by the Indonesian Commercial Court and given to foreign companies in Indonesia due to the end of PKPU. This research is normative legal research, with a legal approach. The data sources are primary and secondary legal materials, which will be analyzed qualitatively. From this research, it is known that normatively a foreign capital company in Indonesia can be declared bankrupt by the Commercial Court if it fulfills the elements in Article 2 Paragraph (1) and Article 3 Paragraph (4) of the Bankruptcy Law. The problem that arises then is the execution stage of the decision. During the management and settlement of bankrupt assets, it is certain that other legal problems will arise, namely if the assets of the bankrupt debtor in Indonesia are not sufficient so that the debtor's assets are outside the jurisdiction of Indonesia. To overcome this problem, the government needs to enter into international agreements bilaterally and multilaterally, and the government also needs to ratify the Uncitral Model Law on Cross-Border with Guide to Enactment agreement made by the United Nations which can apply to fellow countries that ratify the regulation.
Pelaksanaan Waris Masyarakat Suku Baduy Muslim Di Desa Kanekes Kecamatan Leuwidamar Kabupaten Lebak Provinsi Banten Ricco Andreas; Wati Rahmi Ria; Kasmawati .; Ade Oktariatas K.Y; Muhammad Bahrudin
Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i1.3630

Abstract

The Muslim Baduy community adheres to the customs and traditions they profess from their ancestors. The inheritance system used in the Baduy customary inheritance uses the Bilateral system, which is that the mother and father are equally strong. Issues that will be discussed are how the implementation of the inheritance of the Baduy Muslim tribe. This type of research used in this study is empirical normative legal research, with exposure to data used primary and secondary data and analyzed qualitatively. The difference between Baduy inheritance law and Islamic inheritance law in Pikukuh as an unwritten inheritance rule in Islamic inheritance law is based on the Koran and As-Sunnah. There are similarities that the heirs are the descendants of the deceased and the inheritance can only be distributed after the death of the testator, but the Baduy community does not distribute the inheritance to the lineage to the top.

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