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Moh. Ali
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Sharia Faculty, State Islamic Institute of Jember. Jl. Mataram No. 1 Mangli, Kaliwates, Jember 68136, Jawa Timur, Indonesia
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INDONESIA
Indonesian Journal of Law and Islamic Law (IJLIL)
Published by Universitas Islam Negeri Kiai Haji Achmad Siddiq Jember
ISSN : 27215261     EISSN : 2775460X     DOI : https://doi.org/10.35719/ijl
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Indonesian Journal of Law and Islamic Law (IJLIL) (P-ISSN 2721-5261 and E-ISSN 2775-4621) is a journal through a review process published twice a year (June and December) by Sharia Faculty, State Islamic Institute of Jember. This journal emphasizes aspects related to law and Islamic law studies, with special reference to socio-legal activities, legal politics, criminal, civil, and good doctrine of positive law / Islam. Sincerely invites contributions from scholars from related disciplines. The language used in this journal is Indonesian and English.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 42 Documents
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KEDUDUKAN KEPALA NEGARA DALAM SISTEM PEMERINTAHAN ISLAM (Analisis Kritis terhadap Peran Khalifah dalam Dustûr al-Islâmy Hizbut Tahrir) Robitul Firdaus
Indonesian Journal of Law and Islamic Law Vol. 1 No. 1 (2019)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i01.72

Abstract

State leaders as leaders of government organizations have a strategic position in a state system. Hizbut Tahrir in the Draft Islamic Law (Dustûr al-Islâmy) which was first compiled by Taqiyuddin An-Nabhani even discoursed on great power in the hands of the head of state. A caliph (head of state) is not only dominant in the executive sector, but also has an important role in the legislative and judicial sectors as in the trias politica theory. This paper aims to critically analyze the role of the caliph in the Islamic government system as discoursed by Hizbut Tahrir. This is important because the regulation of the world of politics and the state cannot be solely based on the historical facts of Islamic civilization and ignores the development of the needs of the times and sociological factors. The rules regarding the caliphate contained in Dustûr al-Islâmi Hizbut Tahrir are still strongly influenced by the history of Islamic civilization at the time of the Prophet and Khulafâ' al-Rasyidn. The granting of enormous power to a khalfah is based on the assumption that the personal qualities of a caliph are on par with the Prophet and his chosen Companions. Of course this is not appropriate to be applied in today's era. Therefore, the power of the head of state must be limited and balanced. In this context, the offer of a modern democratic system through the mechanism of separation and division of power can be an offer to modify the Hizbut Tahrir caliphate system to achieve the ideal goal of 'Islamic government'.
MENAKAR URGENSI PENGATURAN PELAKSANAAN DAN PEMBATALAN PUTUSAN BADAN ARBITRASE SYARIAH NASIONAL (BASYARNAS) Bhismoadi Tri Wahyu Faizal
Indonesian Journal of Law and Islamic Law Vol. 1 No. 1 (2019)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i01.73

Abstract

The National Sharia Arbitration Board (BASYARNAS) is a sharia economic dispute resolution institution under the auspices of Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution. Regarding the execution of decisions issued by BASYARNAS against parties who do not voluntarily carry out BASYARNAS decisions, there have been many changes, due to the provisions in Law Number 30 of 1999 which delegated the authority to execute BASYARNAS decisions to district courts even though the decisions were related to sharia economic disputes that should have been under the jurisdiction of the Religious Courts. however, there have been several attempts to restore the authority of the Religious Courts as the only judicial institution authorized as executor of BASYARNAS decisions, including the issuance of the Supreme Court Circular Letter (SEMA) Number 8 of 2008 concerning the Execution of BASYARNAS Decisions. However, the implementation of the SEMA did not last long, because in 2010 the Supreme Court again issued Circular Letter No. 8 of 2010 concerning the Affirmation of the invalidity of SEMA No. 8 of 2008 concerning the Execution of Decisions of the Syrian Arbitration Board. After going through a long gap, in 2014 the Supreme Court Regulation Number 14 of 2016 was issued concerning Procedures for Settlement of Sharia Economic Cases. This PERMA gives full power to the Religious Courts as the authorized institution as the executor of BASYARNAS decisions.
ISTISHHÂB SEBAGAI TEORI HUKUM ISLAM SEBUAH TINJAUAN HISTORIS Muhammad Taufiq
Indonesian Journal of Law and Islamic Law Vol. 1 No. 1 (2019)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i01.74

Abstract

Although in substance Istishhâb has existed since the era of the Prophet, Istishhâb is still included in the category of Islamic legal propositions that are mukhtalaf fîh (there are differences among scholars). The construction of the new Istishhâb theory began in the fifth hijri adad in a clear and detailed manner. This paper wants to further discuss Istishhâb as a theory of Islamic law, from a historical perspective. From this point of view, it can later be concluded whether Istishhâb can be considered as a theory of Islamic law or just a method of Islamic law istinbath.
PEMANFAATAN CRITICAL LEGAL STUDIES (CLS) DALAM PEMBENTUKAN PERATURAN DAERAH Erfina Fuadatul Khilmi
Indonesian Journal of Law and Islamic Law Vol. 1 No. 1 (2019)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i01.75

Abstract

Critical Legal Studies thinking is important to understand social reality and legal order to form commitment and legal unification based on legal theory based on social praxis to reconstruct the unequal social structure in the formation of Regional Regulations. The main use of CLS legal theory is its criticality of doctrine and legal system as well as values ??and commitment to seek a transformative legal and social potential based on social praxis, thus influencing the formation of regional regulations in contributing to stability and perpetuating the existing social order. The weakness of critical legal thinking (CLS) is that if the use of this criticism is trapped in an endless mainstream, then this criticism is only limited to discourse and will always be marginalized on the edge of the social system and considered a strange creature that must be removed. The relevance of CLS legal theory lies in the objective criticism and legal formalism related to Article 14 UUUP3 regarding Regional Regulations as regional autonomy instruments which is ambiguous because the concept of implementing regional autonomy is generalized by legal positivism through tiered legal rules. This is very unequal in the formation of regional regulations in the empirical realm which is the result of a process that is loaded with various contents, values, and interests of the actors/political elites involved in it.
PARADIGMA HUKUM ISLAM KLASIK DAN ALTERNATIF Mohamad Ikrom
Indonesian Journal of Law and Islamic Law Vol. 1 No. 1 (2019)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i01.76

Abstract

Islam is a universal religion, there is no limitation of place and time, therefore Islam should be accepted by every human being on this earth, without having to have "conflict" with the circumstances in which he is. Islamic jurisprudence is a discourse of thought to understand God's terms appropriately, to measure the extent of the freedom of a judge or faqih in determining the law. Muslims are ideologically grouped into four (4) models of social ideological paradigms, among others: Traditionalist Paradigm, Modernity Paradigm, Revival Paradigm; and the Transformation Paradigm. The typology of the Islamic legal paradigm is divided into three (3) major components, namely the Theological Paradigm; Linguistic Paradigm (Language), Methodological Paradigm. These paradigms then describe the characteristics of the study of fiqh which are generally characterized by several characteristics. First, epistemic characteristics, namely, (1) to some extent less separation between time and history, (2) univocalization of meaning, and (3) transhistorical (eternal) reasoning. Other characteristics are, (1) focusing on the study of Islamic law as law in the book, not including law in action, (2) complex branching of material, without paying attention to developing references. (3) polemic, and apologetic, (4) inward looking, and (5) atomistic approach.
KOMPARASI POLIGAMI DAN MONOGAMI DALAM PERSPEKTIF HUKUM ISLAM Feny Dyah Aprillia; Vivien Indrawati Setya
Indonesian Journal of Law and Islamic Law Vol. 1 No. 1 (2019)
Publisher : Sharia Faculty, State Islamic Institute of Jember.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i01.77

Abstract

Islam came to the surface of the earth by bringing some shari'a or order of life for humans, so that their lives are safe and happy in the world until the hereafter. Including those brought by Islam through the Prophet Muhammad. in the form of marriage law. Marriage is sunnatullah where men need a female companion and vice versa. The companion referred to here is a companion as a legal husband and wife who are bound by the 'aqdun nikah bond according to the Islamic order. But in reality, the practice of marriage that occurs at this time has experienced dynamics and variations in the arguments of the fuqaha 'ulama, especially regarding the permissibility of a husband to be polygamous or monogamous. According to some scholars, men are allowed to marry more than one woman on condition that they are able to be fair to their wives, while according to other scholars, polygamy is not legal because it is impossible to achieve a fair attitude, especially fairness with feelings.
PENDAFTARAN JAMINAN FIDUSIA SEBAGAI PEMENUHAN ASAS PUBLISITAS Supianto Supianto; Nanang Tri Budiman
Indonesian Journal of Law and Islamic Law Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.84

Abstract

Before the birth of the Fiduciary Guarantee Law (UUJF), the issue of fiduciary security registration was not an obligation, but with the birth of the UUJF, registration of fiduciary guarantees was a very crucial stage and had an impact on many aspects of the following law. Such explanation is also recognized in the General Elucidation of UUJF that one of the reasons fiduciary guarantees does not provide legal certainty, especially to fiduciary recipients, one of which is because the fiduciary guarantee is not registered. The fulfillment of the principle of publicity in fiduciary security is carried out by registering fiduciary security at the Fiduciary Registration Office. Regarding the request, the registration office will record the guarantee in the Fiduciary Register Book and will issue a Fiduciary Guarantee Certificate which has the order for Justice Based on Almighty God. The normalization of fiduciary security registration in UUJF is a legal norm that is compelling (dwingend recht). This can be seen through two aspects, namely the use of the word mandatory in UUJF as a command norm, and from the aspect of the legal principle of objects which are closed, so that the norm cannot be deviated. With regard to fiduciary security that is not registered, the creditor as the recipient of fiduciary does not receive the rights and benefits specified in the UUJF, including material rights, priority rights, executive rights, and application of criminal provisions.
IMPLIKASI LARANGAN PERNIKAHAN TUNAGRAHITA BERAT PERSPEKTIF MAQOSID SHARIAH JASER AUDA Hawa’ Hidayatul Hikmiyah; Ahmad Faisol; St Sariroh
Indonesian Journal of Law and Islamic Law Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.85

Abstract

Everyone has right to get married, unlike the case with people with severe mental retardation. There are adverse effects if mental retardation still gets the legality to get married. This marriage ban is categorized as severe mental retardation shich cant be done at all, and all work must be replaced by someone els. Because of the prohibition of marriage for people with intellectual disabilities that is feared to other people, it is difficult to create a marriage destination and it is feared that it will have an impact on children who will be born like their parents. If seen in terms of its benefits, the existence of the ban becomes a benefit. The application of system theory as an approach in Islamic law, there are six system features used by Jasser Auda as a knife of analysis namely cognitive nature, wholeness, openness, interleted hierarchy, multi dimentionality and pusposefullness. By using theory of Maqo>s{id Shari>‘ah Jasser Auda it will be seen that the prohibition of marriage for person with severe mental retardation is policy that is not merely to protect the rights of individuals but protect the rights of the general public, taking into account the puspose, function, mas{lahah and mud{arat.
TRANSPARANSI DALAM PELAKSANAAN BANTUAN LANGSUNG TUNAI (BLT) DANA DESA Tioma Roniuli Hariandja; Nanang Tri Budiman
Indonesian Journal of Law and Islamic Law Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.86

Abstract

Since May 2020, BLT DD has been implemented in Jember Regency, including Bangsalsari Village. However, in fact it’s couldn’t avoid a pros and cons, especially to recipients. So, it’s mean Bangsalsari must be respons and give right information public. Every regulation must referent to hierarchy of legislation, same as the BLT DD rules. However, we know law have the legal principles "lex specialis derogat legi generalis", Then regulation of Jember regency Number 8 of 2016 about Public Information Openness must be a reference to do programs of Jember regency. There are three elements that must be fulfilled in the implementation of BLT DD in Bangsalsari Village, in order to realize information transparency, namely publication, participation and reporting. Bangsalsari Village has fulfilled these three elements in the implementation of BLT DD.
PENINGKATAN PEMAHAMAN HUKUM PERLINDUNGAN KONSUMEN DI MASA PANDEMI COVID-19 Zainal Arifin; Emi Puasa Handayani
Indonesian Journal of Law and Islamic Law Vol. 2 No. 2 (2020)
Publisher : Jember: Sharia Faculty State Islamic Institute of Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35719/ijl.v1i3.87

Abstract

This activity is “Socialization and Increasing Comprehension of Consumer Protection Law during Covid Pandemic in Dandangan Village, Kediri City”. This program is carried out by universities, especially the Law Faculty of Kadiri Islamic University, to carry out the Tri Dharma of Higher Education, community service to build mutually beneficial relationships. This community service program is run by Higher Education in collaboration with Dandangan Village, Kota, Kediri City. The participants are 17 peoples from Dandangan village, consisting of religious leaders (Toga), community leaders (Tomas), village activists, youth organizations, PKK ladies, and recitation groups. The results of this activity resulted in the following recommendations and evaluations: from the discussion, presentation and questionnaire, we know that the majoritypeoples from Dandangandoesn’t know and understand the meaning of consumer protecting from law perspective.

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