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Qisthosia
Published by Sekolah Tinggi Agama Islam Negeri Majene
ISSN : -     EISSN : 28081676     DOI : -
Core Subject : Religion, Humanities, Social,
Religion Humanities Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
This Qisthosia: Jurnal Syariah dan Hukum intents to publish issues on law studies and practices in Indonesia covering several topics related to Islamic law, Islamic Law of Criminal, Islamic Law of Family, Islamic Economic Law, Social Community, Constitutional law, International Law, Environmental Law, Criminal Law, Private Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 72 Documents
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Penerapan Undang-Undang Cipta Kerja dan Undang-Undang Perlindungan Anak Bagi Pekerja Anak di Sektor Industri Abdul Rahman; Sri Karmila Dol
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 4 No. 2 (2023)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v4i2.812

Abstract

The issue of child labor has been widely highlighted and has become a national and even international issue that must receive serious attention from the government and society, because it has a negative impact on the nation’s future generations. The (weak) economic situation has forced children to help their parents earn a living to meet the family’s economic needs, or at least to meet their own needs. This research aims to determine the implementation of job creation laws and child protection laws against the exploitation of child labor as well as the obstacles in overcoming the exploitation of child labor in the industrial sector. This research is empirical legal research with data sources (informants) from government officials, company owners and child workers. In providing protection against child labor, the government strictly enforces Minister of Manpower regulation no. Per.01/Men/2003 and its implementing regulations. Obstacles to the protection of child labor in the industrial sector include: 1) non-implementation of the mandate of the 1945 Constitution, 2) low level of legal awareness by employers, there is no mechanism for dealing with child labor in companies and there is no model for solving child labor problems.
Corruption Eradication Community Movement as A Preventive Effort to Fight the Corruption of Village Funds: Gerakan Masyarakat Perangi Korupsi dalam Upaya Pencegahan Korupsi Dana Desa Badaruddin, Sukri; Asriadi, Muhammad; Fikri Muhkam, Mirwan; Ahyadi, Nadila; Alfina; Nurfajria
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i1.913

Abstract

This article discusses public unrest due to corruption giving birth to an association called the Community Movement to Fight Corruption (GMPK). GMPK in general is expected to have great potential in eradicating corruption in Indonesia by actively involving various parties and providing moral pressure to corrupt actors and policymakers to act decisively and fairly in handling corruption cases. Meanwhile, GMPK in particular is expected to play an active role in eradicating corruption and building better governance in the management of public resources in Buton Regency. This study aims to find out the role of the Community Movement to Fight Corruption in Buton Regency in efforts to prevent corruption in Buton Regency. The research method uses a descriptive type of research, with more descriptive nature from the results of interviews and documentation studies. The data obtained will be analyzed qualitatively. The analysis method is carried out during data collection and after completing data collection in a certain period. To process the data, the following methods were used: (1) data reduction, (2) data presentation, (3) conclusion drawn. As a result of the research, the implication of GMPK to the people of Buton Regency, namely as a connector of community aspirations, is required to provide the best through daily activities in preventing corruption, namely in preventive efforts (prevention) and preemptive efforts (deterrence) of corruption crimes, especially in the use of village funds. And GMPK's real efforts in preventing corruption of village funds are carried out through programs designed both long-term, short-term and medium-term programs. And the program includes conducting research to find corruption vulnerabilities in various agencies, especially in the village, in the management of village funds by looking at potential causes of corruption that can be seen from all aspects such as the use of village funds in Buton whether it is on target or not, as well as carrying out seminars and Anti-Corruption Education workshops that present all Village Heads within the scope of Buton Regency.
Idah Bagi Suami Dalam Konsep Hermeneutika Maqāṣidī Dan Relevansinya Dengan Pembaruan Hukum Keluarga (Studi Atas Surat Edaran Dirjen Bimas Islam Nomor P-005/Dj.Iii/Hk.007/10/2021) Ahmad Ahda Sabila
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i1.954

Abstract

This article aims to examine the concept of idah for husbands in the perspective of hermeneutics maqāṣidī and its relevance to the reform of Islamic family law. This is motivated by the problem of idah which has been only required for women, while men are not, so a new interpretation is needed to achieve gender equality in the application of idah. One of the reform efforts is the issuance of the Circular Letter of the Director General of Bimas Islam Number P-005 / DJ. III/Hk.007/10/2021 related to marriage when the wife is undergoing the idah period. This research is a literature study using the hermeneutics maqāṣidī approach to analyze the concept of idah and its relevance to efforts to reform family law. The results showed that the concept of idah for husbands in the perspective of hermeneutics maqās}idī has relevance to the purpose of family law reform, especially related to improving the status of women, and shows that the waiting period (idah) is not only imposed on women, but can also be imposed on men (ex-husbands). This is a form of equality and justice in the application of idah, in accordance with the purpose and wisdom of the declaration of idah. The Circular Letter related to marriage when the wife undergoes the idah period indirectly indicates a waiting period for the ex-husband, which provides an element of equality and justice. It is seen as a form of extracting implicit meaning (secondary meaning) from the concept of idah involving understanding socio-historical settings. The implementation of idah for husbands can be one of the efforts to reform Islamic family law in Indonesia that realizes justice and gender equality. This can reduce the injustice that has occurred so far, where only women are charged with idah obligations, while men are not.
Penerapan Keadilan Restoratif dalam Penegakan Hukum Pidana: Studi Kasus di Kepulauan Selayar Asruddin; Rahman, Sufirman; Razak, Azkari
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i1.961

Abstract

The purpose of this study was to: (1) assess the need for restorative justice to be applied as soon as possible in criminal law enforcement; and (2) assess how restorative justice is regulated when it comes to its use as a substitute for case resolution. This study employs a descriptive qualitative methodology and an empirical law-based research strategy. Data analysis is done using the findings from informant interviews. The findings demonstrated that: (1) Essentially, the Selayar District Attorney's Office's use of restorative justice in the law enforcement process during the settlement of criminal cases can bring justice to the litigants—that is, the criminals, the victims, and any interested parties. Proportionality justice, which offers a balance of interest recovery between the criminal and the victim, is the context of justice within the framework of the restorative justice approach. The victim receives compensation for the losses he sustained as a result of the acts of the offender, and the offender is returned to his pre-crime rights and no longer considered a former offender. Within the jurisdiction of the Selayar Islands District Attorney's Office, a number of factors, including legal substance, legal structure, legal culture, and facilities and infrastructure, have a significant impact on the restorative justice.
Analisis Faktor-Faktor yang Mempengaruhi Perubahan Pandangan Hukum Qaul Al-Qadim dan Qaul Al-Jadid Imam Syafi’i Supriadi; Misbahuddin; Kurniati
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i1.972

Abstract

This article examines the factor analysis of the changes in legal perspectives between qaul al-qadim and qaul al-jadid of Imam Shafi'i. The study utilizes the Library Research method. The approach adopted includes a sociological approach to Islamic law and normative theology (sharia), while data collection involves reviewing literature such as books, articles, and other sources discussing the qaul al-qadim and qaul al-jadid of Imam Shafi'i. In processing the data, the author employs deductive reasoning, starting from general propositions and concluding with specific conclusions. Furthermore, the data analysis employs qualitative descriptive analysis, focusing on dominant factors influencing the changes in qaul al-qadim and qaul al-jadid of Imam Shafi'i. The conclusion explains that throughout the dynamic evolution of Imam Shafi'i's legal thought in Iraq and Egypt, he developed concepts known as qaul al-qadim and qaul al-jadid. Factors influencing the dynamics of his legal ijtihad include numerous hadiths of the Prophet Muhammad and other strong evidence, which subsequently influenced Imam Shafi'i's legal perspectives. Thus, experiences and knowledge significantly influenced the evolution of legal perspectives, supported by other factors such as social, traditional, cultural, political, and economic influences.
Zakat Hasil Tangkapan Laut dalam Pemahaman Juragan Nelayan dan Elaborasinya pada Hukum Islam Khasiatilah; Eka Suriansyah; Muhammad Norhadi
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 1 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i1.982

Abstract

This research was motivated by the lack of understanding of fishermen on the obligation to pay zakat of the sea product. Although the income of the employer nelayan has been categorized as compulsory zakat, it turns out that most of the employers still did not pay zakat. There are two purposes of the study were to determine the implementation of paying zakat of the sea product in Sungai Cabang Barat Village and to find out the understanding of fishermen on zakat of the sea product. This research used a socio-legal approach. Data collection techniques carried out in research were by interviews, observation, and documentation. The subjects of the study were five fishermen who owned boats and employees to go to sea.  There are two theories used in research, namely urf’ theory, maslahah mursalah theory, and sociological theory of knowledge.  The results showed that: (1) the comprehension of fishermen in Sungai Cabang Barat Village on the obligation to pay zakat of the sea product, including the following:  some knew and carried out the obligation of zakat of the sea product, some did not know at all, and some just knew but did not pay zakat. (2) the implemented of paying zakat of the sea product in Sungai Cabang Barat village, including the following: zakat was paid annually, usually zakat was cashed at the time before Eid al-Fitr. Zakat was distributed to the closest family, but these relatives were indeed included in the category of mustahiq zakat. Nishab zakat of the sea product followed to zakat trade and zakat mal. The fishermen paid and distributed his zakat directly to mustahiq without going through the amil agency.
Zakat as a Tax Reduction in the Framework of Realizing Indonesia as a Welfare State: Zakat sebagai Pengurangan Pajak dalam Kerangka Mewujudkan Indonesia sebagai Negara yang Sejahtera Zuhdi, Syaifuddin; Rauf, Aulia Lestari; Astuti, Widi
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i2.1136

Abstract

Indonesia, as a country with the largest Muslim population, has significant potential in integrating zakat as a complementary social welfare instrument to national tax policy. This article aims to disclose the implementation of zakat as a tax deduction in leading Indonesia to be a welfare state. This study uses a normative legal approach with a conceptual method to explore the potential for integrating zakat as an income tax deduction, in order to achieving a more equitable and inclusive distribution of welfare. The data used is secondary data in the form of documents, both those included in the category of primary legal materials such as regulations or secondary legal materials such as books and journals. The main findings of the study indicate that the concept of a welfare state in general seeks to realize public welfare through equitable distribution and public policies based on the principle of benefit for all citizens. and recognizing zakat as an income tax deduction can improve social justice for Muslims and strengthen national fiscal independence through direct optimization of welfare distribution. This approach is expected to not only increase active community participation in state policies, but also accelerate poverty alleviation and reduce the country's dependence on external financing. Thus, this study offers a synergistic model between zakat and taxes that has the potential to create a sustainable and inclusive welfare system for all levels of society.
Suami Penjudi Sebagai Alasan Fasakh Nikah (Analisa Komparatif Penalaran Hukum Fikih Syāfi’iyyah dan Pasal 116 KHI) Zubir, Muhammad
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i2.1150

Abstract

The purpose of this research is to see the concept of Syafi’iyyah Fiqh and Article 116 Compilation of Islamic Law (KHI) on husband's gambling as a reason for divorce (fasakh) and to see the basic thinking of both. This type of thesis research is a qualitative research with a normative approach, namely research conducted by examining library materials related to legal issues in everyday people's life such as divorce (fasakh) and others. From this study the authors found that according to Syafi’iyyah Fiqh, a husband who gambles is not justified as one of the reasons for divorce (fasakh). Because they do not meet the conditions for divorce that have been determined such as disabilities and others. Unless gambling can neglect his obligations as a husband. This is different from Article 116 of the Compilation of Islamic Law (KHI), in which a husband who gambles can be used as an excuse for divorce (fasakh) because he does not see the consequences. The rationale for Syafi’iyyah Fiqh, in determining the gambler's husband as the reason for divorce is to follow the principles contained in the Shafi'i school of thought. Meanwhile, the Compilation of Islamic Law (KHI) is based on previous government regulations. Namely, the Government Regulation of the Republic of Indonesia Number 9 of 1975 concerning Implementation of Law Number 1 of 1974 concerning Marriage. This difference is based on the number of sources adopted by the Compilation of Islamic Law (KHI) such as across the four schools and others. In addition, it is adapted to the conditions of the Indonesian nation. The goal is to be guided by one legal concept in making case decisions.  
Badan Usaha Milik Desa: Strategi Penguatan Status Hukum untuk Pemberdayaan Masyarakat di Desa Batetangnga Aminuddin, Aminuddin
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i2.1183

Abstract

Although Village-Owned Enterprises (BUMDes) play an important role as drivers of the local economy, the regulations governing their legal status remain unclear, as shown in Government Regulation No. 43/2014 and Ministry of Village Regulation No. 4 of 2015. This uncertainty has led to public doubts about the legitimacy and accountability of BUMDes, thereby reducing public trust. This research focuses on the ambiguity of the legal status of Village-Owned Enterprises (BUMDes) in Batetangnga Village and its impact on management transparency and accountability. A qualitative research approach is used to explore the views and perceptions of the Batetangnga Village community and BUMDes managers regarding the legal status and management of BUMDes. Data were collected through interviews and participatory observation, then analyzed using thematic analysis techniques. The results indicate that weaknesses in the legal status of BUMDes lead to ambiguity in the roles and responsibilities of managers and hinder transparency, especially in financial aspects of Batetangnga BUMDes. This aligns with Institutional Theory, which states that legal uncertainty reduces incentives for agents (managers) to report activities transparently to the owners (village community). Furthermore, this research finds that weaknesses in legal status hinder BUMDes's ability to establish partnerships with external parties and limit flexibility in managing village assets, impacting Village Original Revenue (PADesa). This study recommends strengthening the legal status of BUMDes to enhance transparency, accountability, and public trust. Thus, BUMDes can optimally fulfill its role as an economic driver that contributes to the welfare of village communities.  
Aborsi Dalam Perspektif Al-Qur’an (Studi Tematik dengan Pendekatan Kontekstual Abdullah Saeed) Nur Wahid; Sul, Sulkifli; Makmur
QISTHOSIA : Jurnal Syariah dan Hukum Vol. 5 No. 2 (2024)
Publisher : Sekolah Tinggi Agama Islam Negeri Majene

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46870/jhki.v5i2.1201

Abstract

The issue of abortion is an issue that raises controversy. Therefore, this study aims to reveal the insights of the Qur'an related to abortion. Based on this problem, the researchers tried to explore QS. al-An‘am verse 151 and QS. al-Isra' verse 31 by using Abdullah Saeed's contextual method. This research is qualitative research in the form of literature review. The results of this study indicate that (1) the act of abortion is something that is considered as an act of infanticide if done after the existence of life in the fetus, (2) abortion performed before the existence of life or after the existence of life in the fetus can be allowed as long as it meets the requirements set in the medical world.

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