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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 116 Documents
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Peran Pemerintah Daerah dalam Pemenuhan Hak atas Air Berkualitas di Kota Madiun Sri Wahyuni
Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i1.73325

Abstract

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.
Penggunaan Pay Later di E-commerce Shopee Menurut Hukum Islam Erin Dewi Savitri
Journal of Law, Society, and Islamic Civilization Vol 11, No 1: April 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i1.69040

Abstract

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.
Penerapan Kebijakan Zakat Sebagai Unsur Pengurang Pajak Penghasilan Di BAZNAS Kabupaten Jombang Devi Ayu Lestari; Fajar Fajar
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.78121

Abstract

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.
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) Galuh Indah Febriani
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.76325

Abstract

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.
The Effectiveness of Integrity Pact Signing on Efforts to Eradicate Corruption in the Supreme Court Nathasa Farucha
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.78840

Abstract

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.
Implikasi Hukum Penetapan Kasus Ganti Kelamin dalam Perspektif Hukum Islam Itok Dwi Kurniawan; Shalahuddien Noor Muhammad
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.77760

Abstract

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.
Penyelenggaran Jaminan Produk Halal dalam Memberikan Perlindungan Hukum Konsumen Muslim di Indonesia Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 Wiwin Dwi Ratna Febriyanti
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.79519

Abstract

Eating halal food and drinks is a must for Muslims, so it is very important to be able to identify whether the products to be consumed are halal. Indonesia, as a country with a majority Muslim population, must continue to strive to improve its security as a form of legal protection for its people. In this research, we will discuss the urgency of implementing halal product guarantees and implementing halal certification for products circulating in Indonesian society. To answer this problem, the researcher used legal research methods, using a statutory approach and a conceptual approach. As a form of legal protection for Muslim communities, it is very important for the State to create a legal basis regarding halal certification in various laws and regulations, but with the existence of the Law on Cipta Kerja, many legal bases have been removed, changed or replaced so that it becomes more systematic. Implementation of the application of halal certification, self-declaration applies, where business actors, especially small and micro, can apply self declare as long as the raw materials and product manufacturing processes do not contain materials and processes that are no risk or not halal.
Perbandingan Hukum Perzinahan dalam UU No. 1 Tahun 2023 tentang Kitab Undang-Undang Hukum Pidana (KUHP) dengan Hukum Islam Nunung Dian Wahyuningsih
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.76466

Abstract

This study aims to find out how the adultery Article is regulated in the new Criminal Code from the Islamic law perspective. The method used in this study is normative legal research. Even though  there has been an update to the adultery provisions in the new Criminal Code, there are still pros and cons. Some people think that Article 411 in the Criminal Code is considered over-criminalized and the state is over-interfere in individual privacy. As an absolute complaint offense, this provision is considered have a loopholes for committing adultery and the light punishment does not deter the offender. Meanwhile, Islamic law explicitly emphasizes that adultery is a disgraceful act that destructive and can be subject to hudud sanctions which aimed to maintain the society. In addition, the punishment for adultery, which is considered cruel and have an embarrassing and deterrent effect on both the perpetrator and other people.
Application of Academic Papers in Formulation Legal Products at the Regional Putu Eva Ditayani Antari; Moh. Fadli; Tunggul Anshari Setia Negara; Riana Susmayanti
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.78309

Abstract

The formation of legal products in the regions cannot be separated from the preparation of academic texts as the basis for their formation. However, the existence of alternative explanations/information as a substitute for academic texts has caused legal products at the regional level not to fully use academic texts. Based on this, it is necessary to elaborate on the urgency of academic papers in the formation of legal products at the regional level. In addition, further explanation regarding the mechanism for implementing academic papers in the formation of legal products at the regional level is the main research objective. The research method used in research is normative legal research or doctrinal legal research which bases arguments on theories, principles, concepts, and laws and regulations. The selection of the normative method is based on the existence of legal issues regarding the blurring of norms regarding the regulation of academic texts in the formation of legal products at the regional level. An explanation of this can only be obtained by conducting a doctrinal study. The results of the research lead to the conclusion that academic papers are needed as guidelines in drafting legal products at the regional level. Implementation of academic drafting should be carried out in the pre-legislative stage by identifying problems in society and elaborating them theoretically so that solutions can be formulated as outlined in the draft legal products at the regional level. The preparation of academic manuscripts also requires collecting data through interviews, observations, and literature studies to find solutions to problems in society. These results then go through a dissemination process in the form of FGDs with community representatives and parties related to the regional regulations that will be formed.
Pelindungan Data Pribadi Nasabah di Era Open Banking (Studi Komparasi di Indonesia dan Inggris) Fajri, Adinda Rizky
Journal of Law, Society, and Islamic Civilization Vol 12, No 2: Oktober 2024
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v12i2.87426

Abstract

 This study compares the customer personal data protection in the era of open banking between Indonesia and the United Kingdom. Open banking, which allows banks to share customer financial data and information with third parties via API, offers ease of access and innovation in financial services. In Indonesia, the implementation of open banking is initiated by Bank Indonesia through the National Standard for Open API Payments. Meanwhile, the UK has adopted open banking since 2018 with legal frameworks such as the Payment Service Directives (PSD2) and General Data Protection (GDPR), which emphasize personal data protection and financial market openness. The research method used is normative juridical with regulatory and comparative approaches. The results show that the UK’s success in implementing open banking that has specific implementation and supervisory entity namely OBL, can serve as a lesson for Indonesia to create strong legal certainty in personal data protection, which in turn will enhance consumer trust and the development of the digital financial sector.

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