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Mulyanto
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Faculty of Law Universitas Sebelas Maret The 3rd Building - Law and Society Department Ir. Sutami Road Number 36A, Kentingan, Surakarta
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INDONESIA
Journal of Law, Society, and Islamic Civilization
Published by Universitas Sebelas Maret
ISSN : -     EISSN : 27762173     DOI : https://doi.org/10.20961/jolsic.v9i1.52836
Core Subject : Religion, Social,
Religion Law, Crime, Criminology & Criminal Justice Social Sciences
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.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 10, No 1: April 2022" : 5 Documents clear
Tinjauan Maslahah Mursalah terhadap PERMA No. 2 Tahun 2015 tentang Tata Cara Penyelesaian Gugatan Sederhana Aisyah Rossyta Dewia; Fery Dona
Journal of Law, Society, and Islamic Civilization Vol 10, No 1: April 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i1.58791

Abstract

 Dispute resolution through the judicial process is considered ineffective and efficient, because it is slow and convoluted. This is not in accordance with the basic principles in the judiciary, namely the judiciary is carried out in a simple, fast and low cost way. However, with the establishment of PERMA No. 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits, the settlement of simple lawsuits disputes through Litigation can run more efficiently with all the provisions contained therein, including the elimination of exceptions. This study uses a literature study research method with a normative juridical approach. The data obtained from primary and secondary legal materials were collected using the library method for further analysis to determine the urgency of removing exceptions in PERMA No. 2 of 2015 concerning Procedures for Settlement of Simple Lawsuits. Based on the analysis carried out, the elimination of exceptions in the regulation is in accordance with the principles of simplicity, speed and low cost in court. Where this principle aims to make it easier for people to find the truth without injuring the rights of the parties because the entire process to be carried out has been explained in advance by the judge. In this case, it also avoids procrastination by the parties so that disputes can be resolved more quickly. Eliminating this exception is in line with the goal of maslahah mursalah. Because the purpose of maslahah mursalah with the use of simple, fast and low-cost principles is the same, namely for benefit by providing convenience in seeking the truth.  
The Sale and Purchase of Non-Cash Gold at Tokopedia from an Islamic Perspective Anif Mafatihur Rohmah
Journal of Law, Society, and Islamic Civilization Vol 10, No 1: April 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i1.58893

Abstract

Tokopedia is one of the leading marketplaces in Indonesia that allows Tokopedia users (Toppers) to buy and save gold digitally in small amounts. This article aims to analyze the permissibility of buying and selling gold in cash in an Islamic perspective. This research uses normative legal research or library research, namely legal research conducted by examining library materials consisting of primary legal materials, secondary legal materials, and tertiary legal materials. This research is expected to provide insight into the mechanism of buying and selling gold transactions in cash so that people can avoid fraud.
Tradisi Kawin Gantung di Jawa Barat dalam Perspektif Perlindungan Hak Anak di Bawah Umur Ilahi Datilah; Zein Bastian
Journal of Law, Society, and Islamic Civilization Vol 10, No 1: April 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i1.57538

Abstract

This study aims to explain about ‘kawin gantung’ in the Sundanese tribal community, especially in several areas in West Java as part of a tradition that is still being maintained by some local people. The research method used is analytical descriptive research, which is a method carried out through studying and analyzing and giving an overview of the existence of “Kawin Gantung” in several areas in West Java in perspective on the protection of minors using a qualitative approach by providing interpretation of the data obtained by looking at the rule of law, theories and principles of law with the aim of answering the problem, with data collection technique through literatur study. The findings in this study that ‘kawin gantung’ with objects of minors which are still being carried out or maintained by some people in several areas in West Java, including in Cipaeh Serdang Village, Tangerang Regency, Cikawung Village, Tasikmalaya Regency, and Ujung Gebang Village, Cirebon Regency are not in line with the provisions that regulate the minimum age limit for marriage and is not in line with the protection and respect for children's rights, especially the right to have their opinions heard and the right to obtain tion against child marriage.
Hak Waris Perempuan dalam Adat Batak Pasca Berlakunya Yurisprudensi MA No. 03/Yur/Pdt/2018 Novita Sari; Sukri Hidayati
Journal of Law, Society, and Islamic Civilization Vol 10, No 1: April 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i1.57629

Abstract

National law is developed and adopted through existing laws in society to ensure that the applicable laws in Indonesia are in accordance with the interests and are intended to accommodate the multicultural conditions of Indonesia. This causes plurality in inheritance law in Indonesia because of the condition of Indonesia which has a variety of cultures. One of the people who live in Indonesia is the Batak community. The Batak community adheres to a patrilineal system. The patrilineal system is a system that still refers to gender differences where the legal heirs are male and female heirs who are only considered as 'enjoyers' of their husband's property. This means that the practice that only boys have the right to become heirs has been going on for generations among the Batak people and women are not entitled to family inheritance. However, with the enactment of Jurisprudence No. 03/Yur/Pdt/2018, this patrilineal practice is threatened with change. This is because the jurisprudence raises the issue of equal rights between men and women. Both are seen as equal in the eyes of the law and have a strong legal standing to claim and obtain inheritance. Therefore, this study aims to determine the inheritance rights of women in Batak customs after the enactment of Jurisprudence No. 03/Yur/Pdt/2018. This research is a descriptive analytical research. The author attempts to describe and provide an overview of the inheritance rights of women in Batak customs after the enactment of Jurisprudence No. 03/Yur/Pdt/2018 by examining the data obtained through literature studies originating from primary, secondary, and tertiary legal sources. The results of this study indicate that customary law in the Batak community has developed towards granting equal rights between girls and boys in relation to being the heirs or successors of the family.
Perkawinan Sedarah Suku Polahi Ditinjau dari Undang-Undang Nomor 16 Tahun 2019 Nurul Qomaril Afifah; Ikfi Rizkina
Journal of Law, Society, and Islamic Civilization Vol 10, No 1: April 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i1.57729

Abstract

This research tries to explain incest in the Polahi tribal tribe, who dwell among the interior woods of Gorontalo, more specifically in the forests of the Boliyohuto region, Tamaila Village, Tolangohula District, Gorontalo Regency, a culture that is deeply rooted in the local population. The research technique employed is prescriptive and applied normative legal research. Primary and secondary legal documents, as well as literary and document studies, were utilised as sources of legal materials. In the Polahi tribe, inbreeding occurs when a person reaches maturity (both male and female) and is matched with their own siblings. Inbreeding is illegal in marriage, according to the conclusions of this research, under Law Number 16 of 2019 about Amendments to Law Number 1 of 1974 Concerning Marriage, which stipulates that marriage is prohibited between two persons connected by blood, breast milk, and marriage. As a result, the Polahi Tribe has been found to have broken Article 8 of the Marriage Law. If the husband and wife knew before they married that inbreeding was banned by law or religion, the marriage would be considered illegal, and the child's status would be void. As a result, the kid that is born only has a favourable position in terms of inheriting and supporting the original mother and her family. Meanwhile, the government, in this instance the Gorontalo Regency Government, is working to eliminate the practise of inbreeding within the Polahi Tribe's customary law group. The situation of children born from incestuous marriages because their parents were unaware that their union broke the marriage restriction is still relevant. In the meanwhile, if both parties are aware that the marriage is prohibited under Shari'a, the marriage must be cancelled. If they do not end the marriage, it becomes a legal marriage, and the child's status becomes invalid. As a consequence, children that are born are only in a better position to inherit and support their birth mother and family.

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