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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 300 Documents
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Pelaksanaan Waris Masyarakat Suku Baduy Muslim Di Desa Kanekes Kecamatan Leuwidamar Kabupaten Lebak Provinsi Banten Andreas, Ricco; Rahmi Ria, Wati; ., Kasmawati; K.Y, Ade Oktariatas; Bahrudin, Muhammad
Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) 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.
Tripartite Collaborative Institutions: Skema Konvergensi Institusi Untuk Mewujudkan Ketahanan Siber Indonesia Disantara, Fradhana Putra
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) 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.
Hukum Dan Pemberantasan Praktik Prostitusi : Kriminalisasi Pengguna Jasa Prostitusi Di Indonesia Wardoyo, Rissa Asmitha; Agustanti, Rosalia Dika
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.3659

Abstract

The practice of prostitution is a practice that is contrary to the principles of norms and ethics. It is often considered a practice that disrupts public order. This study aims to examine more deeply the development of prostitution in Indonesia and how to criminalize prostitution service users in Indonesia. This paper uses a normative legal research method, with a statutory approach, a conceptual approach, and a case approach. The results of the study show that increasingly sophisticated information and communication technology encourages the emergence of various new modus operandi in the practice of prostitution. Actors who previously had to do it face-to-face and meet in person at certain places when transacting can now do so by utilizing the features and various social media platforms available on smartphones. A large number of social media users encourages the increasing number of cases of prostitution in Indonesia. What's more, not everyone involved in this practice can be convicted, even if it's easy for users of prostitution services to escape the law, it's not a strange thing. This condition is caused by the absence of clear and firm regulations against prostitution service users, therefore, it is necessary to criminalize prostitution service users in the positive legal system in Indonesia to provide fear and deterrent effect for the perpetrators.
Eksekusi Putusan Pailit Atas Perusahaan Modal Asing Di Indonesia Rifki Putra, Muhammad Rendy
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) 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.
Dinamika Internalisasi Hukum Islam Kedalam Peraturan Perundang-Undangan Di Indonesia Irawan, Hendra
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i2.4017

Abstract

Islamic law in Indonesia is law based on the Qur'an and al-Sunnah, and developed through ijtihad in the context of plural Indonesian society. Although Islam is not a state religion, Islam can sublimate through the legal order (fiqh and shari'ah) which is pervasive in the behavior of the Indonesian nation. This paper aims to examine the dynamics of the internalization of Islamic law into the normative regulatory system in Indonesia. This article was written using a normative legal research method, with a historical and conceptual approach. Data obtained from secondary data sources in the form of secondary and tertiary legal materials, which were analyzed qualitatively. The results of the study show that Islamic law has been in effect since the beginning of the entry of Islam in Indonesia. Even in subsequent developments, Islamic law became one of the three basic ingredients of national law, in addition to customary law and western law. During the Old Order and the New Order, Islamic law was not fully accommodated in the Outlines of State Policy. However, in the reform era, Islamic law was only accommodated in national law. This shows that the dynamics of the internalization of Islamic law into the legal system is influenced by historical and political factors.
Relevansi Ketentuan Kompilasi Hukum Islam Tentang Masa Berkabung Perspektif Mubadalah Maki, Hud Leo
Istinbath : Jurnal Hukum Vol 18 No 2 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) 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.
Mekanisme Pengupahan Melalui Sistem Bagi Hasil Prespektif Hukum Islam Sainul, Sainul
Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i1.4021

Abstract

Upah adalah harga yang dibayarkan kepada pekerja atas jasanya dalam produksi kekayaan seperti faktor produksi lainnya, tenaga kerja diberikan imbalan atas jasanya, dengan kata lain upah adalah harga dari tenaga yang dibayar atas jasanya dalam produksi. Di dalam Islam upah disebut juga dengan ijarah, al-ijarah berasal dari kata al-ajru yang berarti menurut bahasanya ialah al-iwadh yang arti dalam bahasa Indonesianya ialah ganti dan upah, sedangkan ujroh yaitu upah untuk pekerja. Dalam penetapan upah dalam Islam upah pegawai pemerintah terkadang dipakai sebagai petunjuk untuk menetapkan upah buruh secara keseluruhan. Ternyata upah pegawai pemerintah sangat besar pengaruhnya terhadap seluruh tingkat upah dalam industri yang lain dalam Negara, penetapan upah dalam Islam diantaranya yaitu : upah disebutkan sebelum pekerjaan dimulai, membayar upah sebelum keringatnya kering. Pembahasan ini mengangkat fenomena dalam pemberian upah yang dilakukan para pemilik toko kepada karyawan. Tujuan penelitian ini adalah untuk mendeskripsikan dan menganalisis pengupahan pada toko – toko yang memiliki karyawan serta mendeskripsikan dan menganalisis sistem pengupahan ditinjau dengan sistem pengupahan hukum Islam. Wage is the price paid to workers for their services in the production of wealth like other factors of production, labor is rewarded for its services in production. In Islam, wages are also called ijarah, which comes from the word al-ajru, which means compensation and wages, while ujroh is wages for workers. In the setting of wages in Islam, the wages of government employees are sometimes used as a guide to determine the wages of workers as a whole. It turns out that the wages of government employees have a very large influence on all levels of wages in other industries in the country, the determination of wages in Islam include: wages are mentioned before work begins, pay wages before the sweat dries. This discussion raises the phenomenon in the provision of wages made by shop owners to employees. The purpose of this study is to describe and analyze wages in shops that have employees and to describe and analyze the wage system in terms of the Islamic law wage system. This discussion uses the method of describing or describing data that has been collected from a phenomenon that occurs. The results of this discussion are that the wages given by the shop owners to employees who are reviewed by Islamic law and the characteristics in the provision of wages in Islam are appropriate, including there is a contract in wages between shop owners and employees, in giving wages, wages are given after the work is completed and the existence of a work agreement between the two parties, there are Islamic values in wages, namely the value of justice and the value of feasibility.
Urgensi Penyelesaian Kasus Pelanggaran Hak Asasi Manusia Dimasa Lampau Perspektif Hukum Islam Midia, Fredy Gandhi
Istinbath : Jurnal Hukum Vol 18 No 1 (2021): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v18i1.4022

Abstract

Human rights are rights that have been possessed by every human being from birth that has been conferred from Alah. The first human rights were given by the Prophet Muhammad Saw in the teachings of Islam that every Friday exempting 1 slave and giving emancipation to the woman who was then told, as many as the new century of nations besides the country participated Apply human rights. There are many human rights that occur from the past and there are even the kasusu that is not revealed or reported to the authorities. This is detrimental to victims. The Government has proclaimed for human rights protection but still has been a violation. Efforts that have been made by the Government by making legislation in various chapters need cooperation with the parties.
Legal Protection Assurance In Cryptocurrency Transactions surono, surono; asriani, Asriani; Kumar, Prodip
Istinbath : Jurnal Hukum Vol 19 No 02 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i02.4033

Abstract

The purpose of this research is to analyze the law arising from crypto currency transactions in the form of bitcoin where the Bitcoin phenomenon causes several legal problems that are not yet clear on the regulation regarding the use and legal protection arising from the Bitcoin phenomenon. This research is included in normative or doctrinal legal research because this research uses positive norms in the legal system. The technique of data collection is done by literature study. The data analysis technique uses deductive logic by drawing conclusions from general problems to a concrete problem faced. Based on this research, the results show that although MUI has issued a fatwa on the prohibition of Cryptocurrency, Indonesia does not yet have a regulation on Bitcoin virtual currency. So that legal protection for users of this transaction does not obtain legal legal certainty from the State when there is a default or other unlawful act in the transaction
AMBIVALENSI HUKUM PERKAWINAN ORANG TUA DENGAN ANAK ANGKAT BERDASARKAN HUKUM ADAT DAN HUKUM POSITIF INDONESIA Julaeha, Siti
Istinbath : Jurnal Hukum Vol 19 No 01 (2022): Istinbath : Jurnal Hukum
Publisher : Institut Agama Islam Negeri (IAIN) Metro

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32332/istinbath.v19i01.4044

Abstract

The marriage of parents with adopted children is an act that is considered taboo by the majority of Indonesian people because, for the community, adopted children are on the same level as their biological children. This paper aims to discover the ambivalence of Indonesian customary law and positive law regarding marriage. The research method uses normative legal research with a comparative approach to law and legislation. The marriage of parents with adopted children creates legal conflicts in society. According to customary law, this conflict occurs because adopted children are considered their children, as Kluet, Bali, and Java indigenous peoples apply. According to the tradition of indigenous peoples, when someone is adopted as a child, he is considered a biological child. In addition, Law no. 35 of 2014 and PP No. 54 of 2007 implicitly in its articles indicate that this type of marriage is not allowed. Meanwhile, Law no. 1 of 1974 implies the permissibility of this type of marriage in the provisions of its articles. Based on this, it can be seen that there has been legal ambivalence regarding the implementation of the marriage of parents with adopted children in Indonesia. The author argues that it is crucial to synchronize customary and normative laws to eliminate legal ambivalence and create legal certainty for this type of marriage.

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