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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 48 Documents
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Tantangan Hukum dalam Pengaturan Jaminan Keselamatan Pasien Home Care Digital bagi Lansia dan Penderita Penyakit Kronis Aghnia, Davisa Yuly; Isharyanto, Isharyanto
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.117042

Abstract

The concept of home healthcare through digital home care services represents a strategic innovation in the development of the Indonesian healthcare system. This service offers an effective solution to improve the comfort and continuity of care for elderly patients and patients with chronic diseases, who are vulnerable groups. However, integrating digital technology into healthcare services raises legal challenges, particularly regarding the regulation of patient safety guarantees. This study aims to analyze the legal challenges that regulate mechanisms of accountability and risk prevention in the safety of elderly and chronically ill patients receiving Digital Home Care in Indonesia, with a focus on legal protection. The method used is a deductive, interpretive legal approach, grounded in a normative analysis of laws and regulations, relevant literature, and several case studies. The results show that the legal challenges in implementing Digital Home Care primarily concern providing effective legal protection for elderly patients and those with chronic diseases, without compromising service quality standards or patient safety principles. The required oversight framework is not sufficient to fulfill only administrative requirements; it must also encompass professional responsibility, ethical compliance, and criminal liability in the event of negligence that causes harm. Therefore, regulatory updates are needed to strengthen oversight and emphasize service providers' legal accountability, ensuring they remain aligned and adaptable to technological advances. This research is expected to make a real contribution by encouraging the development of adaptive, comprehensive legal policies to protect vulnerable patient groups in the digital era, especially in the context of digital home care services.
Taqlid Digital Dalam Fenomena Politik Identitas Berbasis Keagamaan Putri, Dyah Erie Shinta; Leksono, Avivah Firisqi
Journal of Law, Society, and Islamic Civilization Vol 13, No 1: April 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i1.98897

Abstract

Islamic law is always experiencing development as a necessity for change, one of the developments is taqlid. Entering the digital era, the concept of taqlid has undergone a major transformation, giving birth to the digital taqlid phenomenon. To read the phenomenon of digital taqlid in the Ahok case, a religious phenomenology analysis knife is used to see that a person's consciousness always leads to a certain meaning and can be known from a first-person perspective. This particular meaning is related to the symbol of religious blasphemy as a narrative. This research uses normative legal research with the type of library research. Data collection techniques using primary legal materials in the form of books and related journal articles. The data analysis method used is content analysis (content analysis). The results of the research state that taqlid is doing good deeds by following other people's words or opinions which have no proof value and not knowing the causes or arguments and proofs of the opinions one follows. In the context of digital taqlid, the phenomenon of Ahok's case can be called digital taqlid that extracts knowledge from the path of ignorance. People tend to immediately receive information directly without exploring the ins and outs. Therefore, at least someone understands something, at least someone is equipped with high literacy to read the reality of what is happening so that what they follow does not make them go astray or make a wrong move.
Dampak Penerapan Penghentian Penuntutan Berdasarkan Keadilan Restoratif terhadap Korban dan Pelaku Nagara, Airlangga Surya; Adi, Elizabeth Ayu Puspita; Maulana, Reza Ilham
Journal of Law, Society, and Islamic Civilization Vol 13, No 2: Oktober 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i2.107070

Abstract

The paradigm shift in Indonesian criminal law toward restorative justice (RJ) reflects an effort to address the shortcomings of the retributive system, which focuses solely on punishment. The central issue in this study is how the policy of terminating prosecution based on restorative justice affects the position of victims and offenders within the criminal justice system. This research aims to analyze the normative and empirical impacts of such policy on substantive justice, as well as to identify the potential and challenges of its implementation. The method employed is normative juridical, using both conceptual and case approaches, supported by systematic literature analysis guided by the PRISMA framework. The findings indicate that RJ provides a space for dialogue-based resolution, reduces over-criminalization, and strengthens offender reintegration without negating victims’ rights. However, its practical application still faces obstacles such as disparities in institutional understanding, potential pressure on victims, and regulatory inconsistencies. Case studies in East Flores and Tojo Una-Una reaffirm the effectiveness of RJ in strengthening social cohesion. It is concluded that RJ is not merely an alternative, but an integral component of criminal law reform in Indonesia that is just, inclusive, and transformative, aligned with local values, the principle of opportunity, and the theories of Zehr and Braithwaite.
Cyber Crime in Renewing The ITE Law to Realize The Goals of Legal Justice Hadi, Adwi Mulyana
Journal of Law, Society, and Islamic Civilization Vol 12, No 1: April 2024
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v12i1.85197

Abstract

Cybercrime in Indonesia is currently regulated by the Electronic Information and Transactions (ITE) Law, but it is considered inadequate to accommodate the various developments of cybercrime, so that renewing the ITE Law is important. The renewal of the ITE Law is needed to provide legal certainty and adequate protection for the public, as well as to improve the effectiveness of law enforcement against cybercrime perpetrators. The purpose of this study is to evaluate the regulation of cybercrime in the ITE Law with a focus on justice and victim protection aspects as well as to identify matters that need to be regulated and refined in the renewal of the ITE Law related to cybercrime. This study uses a normative method with a statutory and conceptual approach, analyzing primary, secondary and tertiary legal materials related to cybercrime. Data were collected through literature study then analyzed descriptively qualitatively to formulate problem solving recommendations based on the results of the analysis. The results of the study illustrate that the regulation of cybercrime in the current ITE Law is still considered weak in providing justice and protection for victims. This can be seen from the limited definition of cybercrime, unclear elements of criminal acts, weak victim protection, as well as excessive and disproportionate criminal provisions. Therefore, renewing the ITE Law is necessary to expand the definition of cybercrime, refine the formulation of criminal acts, increase victim protection, adjust criminal sanctions, and regulate recovery systems for aggrieved parties in order to achieve better justice and legal certainty.
Kajian Yuridis Urgensi Penguatan Kedudukan Masyarakat Hukum Adat dalam Mitigasi Perubahan Iklim di Indonesia Putri, Nabilla Desyalika
Journal of Law, Society, and Islamic Civilization Vol 13, No 1: April 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i1.101079

Abstract

Indigenous peoples possess a unique value system, local knowledge, and traditional practices that demonstrate adaptability to environmental changes, particularly in the protection of forests and natural resources. Despite their recognition in Article 18B paragraph (2) of the 1945 Constitution of the Republic of Indonesia, the protection of indigenous peoples lacks uniform standards across various environmental laws and regulations, including the forestry law, environmental law, and biological natural resource law. A notable inconsistency arises from the diverse definitions that often reflect specific sectoral or regulatory interests, resulting in a lack of a cohesive definition for indigenous peoples. Additionally, normative limitations on participation regard indigenous legal communities as either mere subjects or participants. As the impacts of climate change intensify, it is crucial for the state to engage and empower indigenous peoples as vital contributors to climate adaptation initiatives. This study employs a normative legal research that combines a statutory approach and a conceptual approach. The anticipated outcomes of this research aim to establish a foundation for more inclusive policies based on ecological justice. Ultimately, this study aims to advocate for the safeguarding of indigenous peoples' rights to land and resources, thus fostering ecological justice and enhancing environmental sustainability.
Keabsahan Jual Beli Hak Atas Tanah Kepada Warga Negara Asing (WNA) Meliza, Meliza; Parashtheo, Bintang
Journal of Law, Society, and Islamic Civilization Vol 14, No 1: April 2026
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v14i1.117425

Abstract

This study seeks to examine the legal validity of transactions involving the sale and purchase of land rights by foreign nationals in Indonesia, as well as to identify the legal problems that frequently arise in practice. Indonesia’s national land law, especially Law Number 5 of 1960 concerning Basic Agrarian Principles, provides that ownership rights in the form of freehold title are reserved exclusively for Indonesian citizens, whereas foreign nationals may only obtain more limited forms of land rights, such as rights of use or rights acquired through certain legal entities in accordance with applicable laws and regulations. Nevertheless, in practice, attempts by foreign nationals to control land are still carried out through nominee arrangements, simulated transactions, and the misuse of legal entities. This research employs an empirical legal method with a socio-legal approach, viewing law as both a normative system and a social reality. The study was conducted in Bali Province, an area characterized by high levels of foreign investment and tourism activity. Primary data were obtained through in-depth interviews with officials of the National Land Agency (BPN), Notaries/Land Deed Officials (PPAT), and other relevant parties, as well as field observations. Secondary data were collected through library research consisting of statutory regulations, court decisions, books, and scientific journals. All data were analyzed using a descriptive qualitative method. The findings indicate that nominee arrangements and other forms of legal circumvention are contrary to the nationality principle in agrarian law and fail to satisfy the lawful cause requirement under contract law, rendering such transactions potentially null and void. In addition, weak administrative supervision, misuse of zoning regulations, and limited public understanding of land ownership restrictions for foreign nationals remain significant concerns. Therefore, stronger supervision, improved inter-agency coordination, and more effective legal education are necessary to ensure legal certainty and to protect national interests in the land sector.
Tradisi Momulang dalam Perspektif Maqashid Syari’ah dan Prinsip Keadilan Hukum Nasional Salsabila, Jihan Shafa; Lutfiyah, Zeni
Journal of Law, Society, and Islamic Civilization Vol 13, No 1: April 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i1.97131

Abstract

Marriage in Indonesia is influenced by the diverse cultures and customs of each region, one of which is the marriage tradition of the Sasak community in Lombok, known as the Momulang tradition. The Momulang tradition, also known as Merariq tradition, as a cultural identity of the Sasak community faces challenges regarding its compatibility with Islamic law and national law. This research aims to analyze the implementation of the Momulang tradition from the perspective of maqashid sharia and principles of justice in national law to ensure the preservation of the Momulang tradition in accordance with its surrounding legal framework. This study employs a socio-legal reserach with an interdisciplinary approach. Data collection techniques used in this legal writing include interviews, observations, and literature study. This research uses qualitative descriptive analysis techniques, describing the problems based on theory and findings in the field and explaining them through sentences against the data obtained. The results of this study indicate conflicts in the implementation of the Momulang tradition based on the five fundamental aspects of maqashid sharia, and its implementation needs to consider several aspects based on national legal justice principles, particularly the principle of equality.
Penemuan Hukum (Rechtsvinding) dan Pembentukan Hukum (Rechtsschepping) dalam Sistem Hukum Peradilan Indonesia Febriyanti, Wiwin Dwi Ratna
Journal of Law, Society, and Islamic Civilization Vol 13, No 2: Oktober 2025
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v13i2.107752

Abstract

In Law No. 48 of 2009 concerning judicial power, the legal discovery system is a unit consisting of methods, sources, subjects, schools, and processes for discovering the law. This system provides guidelines for legal discovery subjects in conducting legal discovery in Indonesia. In the Indonesian legal system, the role of judges has evolved beyond merely applying the law to include upholding morality and substantive justice. In the civil law system, the process of Rechtsfinding, or legal discovery, is important when written legal norms are unavailable or inadequate. Judges must refer to legal principles, doctrines, customary law, and general legal principles to fulfill society's sense of justice. This has led to a paradigm shift from passive judges who enforce the law to progressive judges who create law (rechtsschepping). Thus, judges play a crucial role in ensuring the sustainability of adaptive law by striking a balance between legal certainty, justice, and the benefits of law in society. This research uses two approaches: a statutory approach and a conceptual approach. The statutory approach examines all laws or regulations related to the legal issue being addressed. Legal discovery (rechtsvinding) is a crucial yet complex process, as its focus is on the application of written law. Judges must explore the law as it exists in society and cannot dismiss cases simply because there is no regulation. The paradigm shift of judges from a passive role as law enforcers to a more progressive one as lawmakers is a response to the dynamic and complex developments in society.

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