Journal of Law, Society, and Islamic Civilization
The scope of the articles published in JoLSIC deal with a broad range of topics in the fields of law in general, but the main focus are in the Customary Law and Islamic Law provisions. The purpose of this journal is to promote research and studies on the topic of Islamic Law and Customary Law. JoLSIC provides a forum for academic researchers including students, as well as for practitioners of open legal publishing. Central topics of concern included, but not limited to a) Integration of Customary Law and Islamic Law b) Development of Islamic Law and Customaty Law c) Existance of Customary Law d) Islamic Economy Law Influnce e) Legal Pluralism f) Technical Challenges Faced in Corporating Islamic Law and Customary Law The Editorial Board invites the submission of essays, topical article, comments, critical reviews, which will be evaluated by an independent committee of referees on the basis of their quality of scholarship, originality, and contribution to reshaping legal views and perspectives.
Articles
48 Documents
<![CDATA[PENERAPAN SANKSI ADAT TERHADAP PELANGGARAN YANG TERJADI DI TERRITORIAL MASYARAKAT ADAT BADUY ]]>
<![CDATA[Purwadi, Hari]]>;
<![CDATA[Mayastuti, Anti]]>;
<![CDATA[Kurniawan, Yusuf]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 4, No 2: Oktober 2016 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v4i2.50522
<![CDATA[This study aimed to find out the types of customary sanction existing and prevailing in Baduy indigenous people and the Baduy indigenous people’s behaviors and the behaviors outside Baduy people considered as customary infringement and to find out the application of customary sanction against the infringement occurring in Baduy indigenous people. Considering the result of research, it could be concluded that the behaviors prohibited by Baduy custom law in Baduy Dalam indigenous people were different from those in Baduy Luar people and people outside Baduy tribe. Secondly, Baduy indigenous people could be said as appreciating the law pluralism existing in Indonesia; therefore the application of a customary sanction against the infringement committed by the members of Baduy indigenous people could be distinguished from that committed by outsiders. It could create the effectiveness of law working there.Keywords: Customary Infringement, Customary Sanction Application, Baduy Indigenous People.AbstrakPenelitian ini bertujuan guna mengetahui jenis-jenis sanksi adat yang ada dan berlaku di dalam masyarakat adat Baduy beserta perilaku-perilaku yang dilakukan oleh masyarakat adat Baduy itu sendiri maupun perilaku yang dilakukan oleh masyarakat luar baduy yang dianggap sebagai suatu pelanggaran adat dan juga guna mengetahui penerapan sanksi adat yang berlaku di masyarakat adat baduy terhadap pelanggaran yang terjadi.Berdasarkan hasil penelitian maka dapat disimpulkan bahwa pertama, perilaku-perilaku yang dilarang oleh hukum adat Baduy berbeda diantara perilaku masyarakat adat Baduy Dalam, Luar dan juga masyarakat luar Baduy. Kedua, masyarakat hukum adat Baduy terbilang menghargai suatu pluralisme hukum yang ada di Indonesia, maka dari itu secara penerapan suatu sanksi adat terhadap pelanggaran yang dilakukan oleh anggota masyarakat adat Baduy dengan masyarakat luar Baduy juga dibedakan. Hal tersebut mampu menciptakan keefektivan hukum yang berjalan disana.Kata Kunci: Pelanggaran Adat, Penerapan Sanksi Adat, Masyarakat Adat Baduy.]]>
<![CDATA[Mekanisme Penyelesaian Sengketa Sertifikat Hak Atas Tanah Ganda Oleh Kantor ATR/BPN Kabupaten Manggarai Barat ]]>
<![CDATA[Antari, Putu Eva Ditayani]]>;
<![CDATA[Yudha Negara, I Putu Wahyu]]>;
<![CDATA[Putri Suteja, Ida Ayu Devina Aishwarya]]>;
<![CDATA[Salvia, Merva Putri]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i1.66947
<![CDATA[Land is one of the organizers of life for human, and its value is increasing with the passage of the time. Land use value increases have both positive and negative consequences. The emergence of land conflicts is one of the negative consequences. Disputes over dual land rights certificates, or disputes over two (2) or more certificates that specify the same parcel of land, either totally or partially overlapping, are common in West Manggarai Regency. The Ministry of Agrarian and Spatial Planning/National Land Agency (ATR/BPN) has the authority to resolve defense disputes in Indonesia through non-litigation channels. Therefore, the problems examined in this study are what are the factors that cause disputes in the land sector and how is the mechanism for resolving disputes over dual land rights certificates in West Manggarai by ATR/BPN West Manggarai Regency. This research uses empirical legal research methods, types of primary legal materials and secondary legal materials with qualitative descriptive data analysis techniques. Based on PERMEN Agaria Number 21 of 2020 concerning the handling and settlement of land cases, the resolution of disputes over dual land rights certificates that can be carried out by the ATR/BPN of West Manggarai Regency is to seek the resolution of dual certificate disputes through non-litigation channels with mediation between the disputing parties. The mediation carried out by ATR/BPN West Manggarai is expected to be able to effectively assist the people of West Manggarai in resolving disputes over dual land rights certificates.]]>
<![CDATA[Pelaksanaan Hukum Waris Islam pada Masyarakat di Desa Wonosalam Kabupaten Jombang ]]>
<![CDATA[Nasrullah, Syahri Bangkit]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i1.68909
<![CDATA[This study describes and examines the implementation of inheritance distribution in the Islamic community in Wonosalam Village and the influence of Islamic boarding schools on the distribution of inheritance in Islamic communities in Wonosalam Village. This research is a descriptive socio-legal research law. Types of data include primary and secondary data with data collection techniques used are observation and interviews, then analyzed by descriptive method. The results showed that the distribution of inheritance in the Islamic community in Wonosalam Village there were two inheritance laws used, namely Islamic inheritance law and customary inheritance law which were carried out by deliberation. The existence of a boarding school that has been established since 1974 has influenced the Islamic community in Wonosalam Village in the distribution of inheritance. Although the distribution of inheritance to the Islamic community in Wonosalam Village is carried out according to custom, based on tasaluh this is allowed, with the aim of not causing conflict between families.]]>
<![CDATA[The Right to Freedom of Religion in The Semedi Ritual at Pesanggrahan Langenharjo ]]>
<![CDATA[Kuncoro, David Bagus]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i1.72167
<![CDATA[Freedom to practice religion and belief is a citizen's right guaranteed by the state and has been regulated in various laws and regulations in Indonesia. In the Indonesian constitution itself, the provisions regarding the right to religious freedom are regulated in a separate chapter, namely in chapter XA on Human Rights. The Semedi ritual is a person's human right in terms of religious freedom. One of the places that are sacred and used as a location to carry out the Semedi Ritual is Pesanggrahan Langenharjo which is located in Grogol District, Sukoharjo Regency, Central Java. This study aims to determine the implementation of the right to freedom of religion in Indonesia in the Semedi Rituals at the Pesanggrahan Langenharjo. This research uses empirical research methods that are descriptive. Research data collection techniques used are field studies and literature studies with research data analysis techniques using qualitative methods that use an inductive mindset. The results of this research are it can be seen that the implementation of the right to freedom of religion in Indonesia has been carried out following the applicable laws and regulations.]]>
<![CDATA[Peran Pemerintah Daerah dalam Pemenuhan Hak atas Air Berkualitas di Kota Madiun ]]>
<![CDATA[Wahyuni, Sri]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i1.73325
<![CDATA[Water is a basic need in human life. The right to water is a basic human right because water is very necessary and a staple of life's welfare. The right to water is not only a matter of quantity but in urban society it has entered the realm of quality. The state is obliged to ensure that the community achieves universal access to clean water and proper sanitation. The right to quality water must be fulfilled, guaranteed and protected. The fulfillment of the right to quality water is not only carried out by the central government but also requires the participation of local governments. This research examines the extent of the role of the local government of Madiun City in fulfilling the right to quality water. The research method used is socio-legal research by collecting direct data on the people of Madiun City. The results of the study show that the local government of Madiun City plays an important role in fulfilling the right to quality water. In addition to ensuring that all local communities in the region have easy access to quality water, local governments also carry out monitoring of the quality of water used by the community.]]>
<![CDATA[Penggunaan Pay Later di E-commerce Shopee Menurut Hukum Islam ]]>
<![CDATA[Savitri, Erin Dewi]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i1.69040
<![CDATA[This research examines the problem of using Pay Later in buying and selling online and imposing fines for late payment of Pay Later bills on E-commerce Shopee using Islamic Law. The use of Pay Later is a new muamalah and the law is unclear, due to the interest required at the beginning. This study aims to find out the views of Islamic law on buying and selling transactions using Pay Later on E-commerce Shopee and knowing the views of Islamic law on fines for late payment of Pay Later bills on E-commerce Shopee. The research results obtained are that the practice of buying goods at Shopee using the Shopee Pay Later payment method is not allowed or is considered illegal because the practice of debt between buyers and Shopee contains interest or benefits received by Shopee, this is called Riba Qardhh. The imposition of late fines in the practice of buying and selling using Shopee Pay Later is not in accordance with Islamic law because there is an additional nominal amount to the debt, so the law is unlawful, this is called Riba Jahiliah.]]>
<![CDATA[Penerapan Kebijakan Zakat Sebagai Unsur Pengurang Pajak Penghasilan Di BAZNAS Kabupaten Jombang ]]>
<![CDATA[Lestari, Devi Ayu]]>;
<![CDATA[Fajar, Fajar]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i2.78121
<![CDATA[Zakat and taxes are two obligations to be paid by Muslim citizens. Both are paid when an individual is declared eligible to be declared taxable and zakat obligatory. However, the similarity causes zakat and to be a considered as a double burden for Muslim taxpayers. Therefore, the government has designed a policy to accommodate zakat as an element of income tax reduction. Zakat payments may be deducted from taxable income on the condition that they are paid through an administrative body of zakat that has been validated by the government, with a report in the annual SPT, and include other valid evidence. The purpose of this research is to find out the application of zakat as an element of income tax reduction in BAZNAS Jombang. The analysis used is a descriptive method with a qualitative approach. The results of the research show that the implementation of the zakat policy as an element of income tax reduction in BAZNAS district, Jombang, has not been optimally implemented. This is due to the lack of public awareness of the importance of paying the pledge, so this policy has not received a positive response among the public. Besides, the lack of socialization between stackholders in this case is due to BAZNAS and the tax directors lack of socialization of this policy towards society. To deal with it, it requires a high level of enthusiasm and cooperation among stakeholders so that this policy can be implemented optimally.]]>
<![CDATA[Implementasi Fatwa MUI Tahun 1982 Tentang Mentasharufkan Dana Zakat untuk Kegiatan Produktif dan Kemaslahatan Umum (Studi Kasus Pelaksanaan Tasharuf Dana Zakat untuk Kegiatan Produktif di BAZNAS Kota Surakarta) ]]>
<![CDATA[Febriani, Galuh Indah]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i2.76325
<![CDATA[This study aims to determine how the implementation of MUI fatwas regarding the tasharuf of zakat funds for productive activities and public benefit, especially the implementation of tasharuf zaka for productive activities in BAZNAS Surakarta City. The type of research in this study is socio-legal research with a qualitative and descriptive approach. This study used two types of data, namely primary data and secondary data. The primary data in this writing was obtained directly through interviews with amils who served at the Surakarta City BAZNAS office and document studies, while the secondary data were legal materials. The results showed that the tasharuf of zakat funds for productive activities was realized through productive economic programs implemented by considering the economic factors of prospective recipients, this can be seen from the time of implementation of the distribution of zakat funds for productive activities, the form and amount of zakat funds distributed to recipient mustahik. This research also shows that the implementation of the tasharuf of zakat funds for productive activities is still in accordance with Islamic law, which is the main postulate of Islamic law regulate zakat.]]>
<![CDATA[The Effectiveness of Integrity Pact Signing on Efforts to Eradicate Corruption in the Supreme Court ]]>
<![CDATA[Farucha, Nathasa]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i2.78840
<![CDATA[The corruption case that occurred in the Supreme Court was a hard blow to the world of justice in Indonesia. The Supreme Court as the country's highest court and the spearhead of justice in fact still has a gap to be able to commit criminal acts of corruption. Moreover, this case involves the elite ranks of the Supreme Court such as Supreme Court Judges. The Supreme Court is supposed to be an independent, authoritative, accountable judicial institution, and by law has been given independence and self-reliance in fulfilling its judicial aspects. However, it has not been able to create a clean bureaucracy and judicial apparatus. For this reason, as a follow-up to the case, the leadership of the Supreme Court issued an instruction to sign an integrity pact contained in the Circular Letter of the Secretary of the Supreme Court Number 4 of 2022 concerning the Signing of Integrity Pact. This instruction is intended for all judicial apparatus in the Supreme Court and all judicial bodies under it in the context of bureaucratic reform and eradication of corruption. This integrity pact document will later become a commitment of all judicial apparatus to carry out all duties, functions, responsibilities, authorities, and roles in accordance with the provisions of applicable laws and regulations and the ability not to commit corruption. Moreover, this integrity pact has fulfilled the aspects of attachment and legality that have been legally regulated in the legislation. This paper will discuss the integrity pact as a guarantee of a clean and accountable bureaucracy and measure its effectiveness in efforts to prevent and eradicate corruption in the Supreme Court. This paper uses normative-qualitative research methods and literature review methods through literature related to the theme of discussion.]]>
<![CDATA[Implikasi Hukum Penetapan Kasus Ganti Kelamin dalam Perspektif Hukum Islam ]]>
<![CDATA[Kurniawan, Itok Dwi]]>;
<![CDATA[Muhammad, Shalahuddien Noor]]>
<![CDATA[ Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023 ]]>
Publisher : <![CDATA[Universitas Sebelas Maret ]]>
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DOI: 10.20961/jolsic.v11i2.77760
<![CDATA[This research aims to explore and examine the civil law implications for individuals who are Khuntsa and have changed their identities, with a focus on the perspectives of Islamic Law and Civil Law in Indonesia. The research adopts a normative legal approach with a prescriptive nature, emphasizing the analysis of legislation and case studies. If this process is carried out and followed by a legal application to change their gender identity through the court system, and the judge approves it, there will be legal implications. Additionally, it is essential to consider religious perspectives, especially Islam. To address the issues arising from the civil law implications for Khuntsa individuals who have changed their identities based on court rulings, specific regulations governing their status and position are necessary. This is aimed at ensuring legal certainty in such cases.]]>
