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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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Ngaku Indaok in Sitinjau Laut Community According to Maqashid Shari'ah Review Izzati, Nurul; Azwar, Zainal
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.v12i2.89675

Abstract

  This research aims to explain how the practice of "Ngaku Indaok" in Sitinjau laut Sub-district with the focus of Maqashid Syariah approach. The research method used is qualitative with data collection techniques through literature study and interviews with key informants from the local community. The results show that although different in implementation from legal child adoption, both Ngaku Indaok and child adoption reflect the aspirations of the Kerinci community to provide support and protection to children who need a more stable family environment. A holistic evaluation is required to safeguard Islamic values and the right to individual freedom while respecting local traditions, demonstrating the Kerinci community's efforts to harmonize traditions with values consistent with religious teachings and social norms. The affection and emotional support in Ngaku Indaok does not only focus on material aspects, but also creates educational and developmental opportunities for the child, reflecting its link to the preservation of wealth (hifdz mal) and the preservation of the intellect (hifdz aql). However, it is important to note that the biological mother is no longer called mother or anything similar after the child confesses indaok to another woman.
Thrifting dalam Perspektif Fikih Prioritas Bahrudin, Nurbaiti; Sajali, Munawir; Wardhani, Sri Pramudya; Hastuti, Lili
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.v12i2.94125

Abstract

Thrifting is growing in Indonesia in in recent years. Thrifting is often seen as a solution to reduce waste, especially textile waste. Thrifting that is mostly done in Indonesia is thrifting which is done by importing used clothes. Meanwhile, UMKM textiles in Indonesia are declining. The method in this study uses qualitative research. A method that describes in depth about thrifting from various literatures. Then analyzed using the priority fiqh approach (fiqh al-aulawiyyat) reformulated by Jasser Auda. examine in depth the factors and their impact. Both everything that creates damage personally and damage in general. This is to serve as a guide to determine the level of urgency of thrifting for the public. The conclusion of this study is that thrifting is shopping for used goods with the aim of getting cheaper prices for both local and imported goods. Thrifting which is mostly done by the people of Indonesia today is on imported goods. Thus, thrifting activities have a position that does not have to be prioritized. On the contrary, if thrifting is carried out on local goods or products, then thrifting has a position that must be prioritized.
Restorative Justice for Corruptors in Indonesia; Why and How? Sahroni, Ahmad
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.v12i2.94435

Abstract

Corruption is always considered a major sin in Indonesia. In fact, it is not necessarily so. There need to be minimum requirements so that it can be said that corruption is indeed a major sin. For example, seen from the amount of corruption committed, there is good faith to return state money or not, to whether someone is the main perpetrator or not. Such things should be the basis for the implementation of restorative justice for corruptors. As a relatively new concept, the presence of restorative justice provides a breath of fresh air for the law enforcement system in Indonesia. Restorative justice strives to create conditions like before the crime occurred. Restorative justice can certainly realize qualified social welfare. Therefore, implementing restorative justice for corruptors is not something impossible. This study uses normative juridical research, with a legislative approach and a conceptual approach. The results of the research, corruptors should indeed be given the rights to be processed based on restorative justice. However, there are requirements that must be met, so that corruptors can be processed with restorative justice. In addition, this article also discusses how the concept of restorative justice is implemented in Indonesia.
Tinjauan Yuridis Terhadap Eksploitasi Anak (Studi Komparasi Eksploitasi Anak di Jalanan dan Konten Kreator) Pratama, Iqhbal Putra; Iwan, Iwan
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.v12i2.93364

Abstract

  Exploitation is one of the problems based on poverty, the situation results in a change in perspective so that it justifies any means to continue living. Children are often victims of exploitation where parents/guardians order children to busk, beg, sell on the side of the road and others. Along with the times with the sophistication of technology, these actions have also developed, with new packaging that is neatly covered in such a way that exploitation is carried out by making children the object of content creators. Children are ordered to live on social media platforms such as shopee live whose scope is used to sell and gain profit. the prosecution carried out against child exploitation on social media is still of little concern, this states that there is a legal disparity where child exploitation on the streets is more firmly dealt with. The purpose of the research is to review from a juridical point of view with regulations relating to child exploitation while emphasizing that children who are used as objects of content creators are also a form of child exploitation, both of which have the same essence, namely involving children for profit, only the container makes the difference. This research uses normative juridical methods (legal research). The results of this study confirm that based on Law No.35 of 2014 concerning child protection and Law No.13 of 2003 concerning labor that people who make children as objects of content creators are included in child exploitation because they take advantage of children and sacrifice children's rights. The government and law enforcement officials and related agencies should pay more attention to this and take action in accordance with the relevant laws.
Legal Architecture Beneficiary Owners at Individual Company; Reconstruction and Opportunity Amelia, Tina
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.v12i2.94492

Abstract

There is a legal vacuum in the regulation of beneficiary owners of companies in Indonesia. The regulation of beneficiary owners, which should be used as a preventive supervision method, is misinterpreted as a form of repressive supervision. As a result, preventive supervision of financial transactions involving money laundering crimes is slightly slower than it should be. Another legal vacuum also occurs in relation to whether beneficiary owners share the burden of the company's debt if the company goes bankrupt. This research will be limited to individual companies only. As a new company, and targeting micro, small, and medium companies, the potential for money laundering crimes against this company is even greater. The entire description above has not been expressly regulated in Indonesian national law. This research uses normative legal research with a statutory approach and a conceptual approach. The results of the research obtained indicate that there is indeed a legal vacuum in the regulation of beneficiary owners. Therefore, it is necessary to reconstruct the regulation of beneficiary owners, so that this legal vacuum does not happen again
Tinjauan Yuridis terhadap Risiko Perbankan dalam Layanan Letter of Credit Asror, Muhammad Hanif; Pati, Umi Khaerah
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.v12i2.86428

Abstract

  Along with the rapid development of trade between countries, Letter of Credit (L/C) is a form methods within overcoming the payment system carried out by the parties. This must also be accompanied by an anticipatory attitude, therefore there are also many irresponsible parties by utilizing the opportunity as a means to gain profits in an improper way that also harms many other parties. The bank as an important player in the implementation of the L/C must anticipate the banking risks that arise in order to run well.  Therefore, this article aims to analyze the review through the application of law in L/C services to banking risks. This type of research is normative research. The data sources used are primary data sources and secondary data sources and the delivery of data is written descriptively. If one party is dissatisfied because the other party fails to fulfill its obligations under the agreement, the dissatisfied party will receive legal protection as outlined in the regulations governing L/C in both international and national laws. Protection is derived from regulations that typically oversee L/C, such as the Uniform Customs and Practice for Documentary Credit (UCP), Bank Indonesia Regulations, and internal regulations. The primary focus is on recognizing L/C as banking risks designated by the central bank, along with risk management based on internal banking policies and in line with the international practices of UCP.

Page 12 of 12 | Total Record : 116

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