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Mulyanto
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jolsic@mail.uns.ac.id
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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
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Search results for , issue "Vol 10, No 2: Oktober 2022" : 5 Documents clear
Landasan Filosofis, Sosiologis dan Yuridis terhadap Positivisasi Perceraian di Pengadilan Agama Akhmad Farroh Hasan
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.64944

Abstract

According to Islamic law, divorce can occur on one side, namely the husband saying Thalaq. but in the KHI article 115 and the Marriage Law Article 39 paragraph (1) of the Marriage Law that "Divorce can only be carried out before a court session after the court in question tries and fails to reconcile the two parties (husband and wife). Obedience to Allah's law is an absolute obligation for Muslims and as the people of Indonesia, we are also obedient to the prevailing laws and regulations of the Republic of Indonesia. The research is a normative legal research with a statutory approachand a conceptual approach, with the aim of providing a philosophical, sociological and juridical basis on the positivization of divorce in religious courts. The research produced findings including: First, philosophically, KHI and Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage to provide the benefit of mankind in accordance with the purpose of the law was made. Second, sociologically, with the principle of making it difficult for divorce to occur, it will inhibit the increase in divorce in society. Third, Juridical provides legal certainty and legal protection as a result of divorce.
Penerapan Fungsi Hukum Jaksa Pengacara Negara untuk Mewujudkan Kepastian Hukum, Keadilan, dan Kemanfaatan dalam Perkara Perdata dan Tata Usaha Negara (Berdasarkan kajian Filsafat Hukum) Andy Sasongko
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.64943

Abstract

The act No. 16 of 2004 concerning the Attorney General of the Republic of Indonesia is the legal basis of the authority of the Prosecutor in the field of Civil and State Administration (DATUN), in the main duties and authorities of the Prosecutor in the field of DATUN, the Attorney General of the State (JPN) has a function to realize legal certainty, justice, and benefits of DATUN cases for the benefit of the State, related to the legal function of JPN in realizing legal certainty, justice, and the usefulness of DATUN case if conducted legal studies in legal philosophy and legal experts can be described that the Prosecutor's Office in this case as JPN has legal functions, legal certainty, legal justice, and legal benefits globally, legislation that underlies the authority and role of jpn among others act No. 16 of 2004 concerning the Prosecutor of the Republic of Indonesia Article 30 paragraph (2) explain that "Prosecutors with special powers may act both inside and outside the Court for and on behalf of the State or Government" , it is further affirmed in the Regulation of the Attorney General of the Republic of Indonesia Number: 040/A/J.A/12/2010 concerning Standard Operational Procedures (SOP) of DATUN Duties, Functions and Authorities, and also explained in Article 24 Paragraph (2) of Presidential Regulation of the Republic of Indonesia Number 38 of 2010 concerning Organization and Work Procedure of the Attorney General of the Republic of Indonesia. This study aims to explain the legal function of JPN to realize legal certainty, justice, and usefulness in DATUN case and know related to JPN authority seen through the study of legal philosophy that also underlies the authority. This research uses normative juridical research method so that it can be concluded that JPN has a legal function as JPN in realizing legal certainty, justice, and benefit of DATUN case.
Analysis of Employment Contracts after Implementation of Law of The Republic Indonesia No. 11 in 2020 Concerning Employment Creation (Case Study in Pt Perkebunan Nusantara XIII) Shul Thanul Azkar; Umi Khaerah Pati
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.65190

Abstract

This research aims to examine the implications of Law of The Republic of Indonesia No. 11 of 2020 On Job Creation to the substance of the Employment Contract and analyze its implementation in a company (PT Perkebunan Nusantara XIII) to the worker after the ratification of the new regulation. The employment contract material that will be studied in this study focuses on the substance of the employment contract starting from the form, contract elements, and contract structure to the anatomy of the contract enforced by PT Perkebunan Nusantara XIII. This research is descriptive empirical legal research. The research approach used is a statutory and conceptual approach with the research location at the Office of the Board of Directors of PT Perkebunan Nusantara XIII and the result is that there are changes, deletions, and the stipulation of new provisions after the enactment of the Law of The Republic of Indonesia No. 11 of 2020 On Job Creation to the substance of the Employment Contract.
Pengaruh Kompilasi Hukum Islam dalam Perimbangan Hakim di Pengadilan Agama Surakarta Royyan Eka Purnama Putra
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.63926

Abstract

Presidential Instruction Number 1 of 1991 concerning the Compilation of Islamic Law in examining cases filed in the Religious Courts is widely used as a basis for legal considerations by judges, lawsuits filed by parties and in several aspects of the administration of religious courts cannot be separated from the Compilation of Islamic Law. Article 7 of Law Number 13 of 2022 concerning the Second Amendment to Law Number 12 of 2011 concerning the Establishment of Legislation does not accommodate Presidential Instructions as a legal system in Indonesia, so that Indonesia which adheres to the Civil Law should have a legal basis clear in the application of the law. The study used empirical methods to find data in the field through data collection tools in the form of interviews with judges at the Surakarta Court, to obtain the perspective of legal practitioners directly regarding the Compilation of Islamic Law in its application in dealing with problems in society. The results of research conducted at the Surakarta Religious Court showed that the position of the Islamic Law Compilation was assessed by judges as having an applicable role in resolving cases in the field of marriage, inheritance and waqf in the Religious Courts, because they were able to adapt to the dynamics in society. The Compilation of Islamic Law deserves a place that is recognized in the legal system in Indonesia.
Pembagian Warisan Tanah Hukum Adat Minangkabau dalam Perspektif Kompilasi Hukum Islam Avvisa Azaria; Ayu Karisa Fania Aristiawati
Journal of Law, Society, and Islamic Civilization Vol 10, No 2: Oktober 2022
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v10i2.57743

Abstract

The Unitary State of the Republic of Indonesia itself has three inheritance legal systems in its implementation, namely based on local customary law or customs, religious law or beliefs adopted such as Islamic inheritance law, and there are also laws that are made and arranged in such a way by legislators such as inheritance law. Civil Code. In Indonesia, the three types of legal systems live in society according to the beliefs and religions of each community. This writing will examine specifically the comparison of inheritance that applies in Indonesia, namely "Customary Inheritance Law" with "Islamic Inheritance Law". Inheritance will take place if the testator dies and the heir to the inheritance. In the Minangkabau tribe itself in terms of inheritance from the past until now adhered to the matrilineal system or based on the maternal line, in other words, in the inheritance system, the degree of women was higher than that of men. The problem that will be raised in this study is how the distribution of inheritance in the Minangkabau tribe and comparing the inheritance system based on "customary law" with "Islamic law" and what obstacles are caused in the distribution of inheritance in the Minangkabau tribe. With this comparison, it is hoped that it can be seen and differentiated between pure inheritance law and customary inheritance law and which are included in the receptie theory. This study uses a field research method, with a comparative approach that is descriptive in nature. The data used are primary data and secondary data and draw conclusions based on descriptive-analytic-qualitative. The research conducted includes qualitative causality research. The purpose of this study is the results of this study indicate that there are differences and similarities between Minangkabau customary inheritance and the compilation of Islamic law itself.

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