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Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab
Published by Universitas Islam Negeri Alauddin Makassar
ISSN : -     EISSN : 27750477     DOI : https://doi.org/10.24252/shautuna.v2i3
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice
Shautuna: Jurnal Imiah Mahasiswa Perbandingan Mazhab adalah jurnal akademik yang telah menerbitkan karya ilmiah sejak tahun 2013. Jurnal ini diterbitkan oleh Program Studi Perbandingan Madzhab dan Hukum, Fakultas Syariah dan Hukum, UIN Alauddin Makassar. Jurnal ini disediakan untuk mahasiswa-mahasiswa yang berkecimpung dalam hukum Islam lebih khusus perbandingan mazhab dan hukum. Jurnal ini secara rutin terbit tiga kali setahun yakni pada Januari, Mei dan September.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 15 Documents
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Search results for , issue "VOLUME 6 ISSUE 2, MAY 2025" : 15 Documents clear
Masa Depan Ketenagakerjaan Indonesia: Perlindungan dan Efektivitas Hukum Bagi Pekerja dalam Menghadapi Transformasi AI Anisah, Nur Fadiah; Handayani, Septy Amelia; Poernomo, R. Wahjoe; Parameswari, Desak Andini; Sogi, Manggala Nimara; Lisa
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.56577

Abstract

In the current digital transformation era, many industrial companies are competing to utilize sophisticated technology based on Artificial Intelligence (AI) as a form of digital automation to replace repetitive tasks that aim to reduce dependence on human workers and budget efficiency for companies. This study focuses on the problem of the presence of AI replacing the role of workers because competition is no longer limited to humans between humans, but must also compete with the sophistication of AI technology that is increasingly rapid and in greater needed by companies. This study aims to see how well the Indonesian employment law system is able to handle the challenges of the automation era, which has become an urgent reality and is no longer predictable. This study was compiled using a qualitative method with a literature study approach that aimed to build a critical analysis of digitalization and its impact on employment and industrialization policies. The results of this study showed that digital technology would not deterministically shape a new future, but the choices and logical consequences of a digital work pattern model that was different from the old pattern. The response to industrialization policies in the digital era must be able to answer the wave of disruption for the workforce. Policies in the aspect of education and training for affected workers are an urgency that cannot be ignored in the era of industrial automation.
Application of the Principle of Good Faith as an Effort to Protect the Law Against Borrowers in Online Lending Practices Hanafie, Nurharsya Khaer; Firmansyah, Firmansyah
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.57621

Abstract

This study aims to examine the application of the principle of good faith in contractual agreements and to analyze the legal protection afforded to borrowers in online loan transactions under this principle. The core issue addressed is how the principle of good faith is operationalized in digital loan agreements and its implications for borrower protection. Employing a qualitative approach with a descriptive-analytical method, the research investigates legal instruments and practices governing online lending platforms in Indonesia. The findings reveal that the principle of good faith plays a pivotal role in ensuring fairness, transparency, and accountability in online credit transactions. This principle serves as a normative foundation for safeguarding borrowers’ rights, particularly within the framework of the Indonesian Civil Code, Law No. 11/2008 on Electronic Information and Transactions, and Financial Services Authority Regulation No. 6/POJK.07/2022. The study highlights the necessity of reinforcing good faith as a legal instrument to mitigate asymmetrical power relations and promote legal certainty in digital financial services. These findings imply the need for stronger regulatory enforcement and borrower education to foster equitable financial inclusion in the digital era.
Pluralisme Hukum dalam Lembaga Perkawinan: Persinggungan Norma Islam dan Norma Adat dalam Mengatur Perkawinan dan Harta Kekayaan di Toraja Utara: The Intersection of National Law, Islamic Law, and Customary Law in Regulating Marriage and Common Property in North Toraja Akbar, Alif; Laman, Ilham
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.57865

Abstract

This research aims to explore how the two legal systems interact, experience tension, and are negotiated in the social practices of society. Legal pluralism in Indonesia shows the existence of various systems of state norms, Islamic law, and customary law that coexist in one social space. In North Toraja, the Muslim community faces the intersecting dynamics between Islamic norms and Torajan customs in regulating marriage institutions and wealth management. This research uses a socio-legal approach with a descriptive qualitative method. Data were collected through field observations, in-depth interviews with religious leaders, traditional leaders, married couples, and legal practitioners, and documentation studies of customary texts and marriage documents. The analysis was carried out thematically to identify patterns of integration, compromise, and conflict between Islamic norms and customs. The results of the study show that Islamic law forms a formal framework in the implementation of marriage contracts and dowry arrangements, while customary law remains dominant in determining social legitimacy, customary rituals, and distribution of family wealth. In conflict resolution, the community prioritizes informal customary mechanisms, while the principles of Islamic law are applied selectively, especially when dealing with state legal institutions. This study confirms the existence of adaptive strategies used by the community in responding to the plurality of laws. The intersection between Islamic law and customary law is not confrontational, but rather forms a functional and contextual hybrid legal culture. The novelty of this research lies in the documentation of the practice of legal syncretism in the context of Muslim marriage in the Toraja customary environment, as well as its relevance in formulating legal policies that are more inclusive of local social and cultural realities.
Epistemologi Hukum Al-Shifāʾ dalam Fikih Islam: Mengintegrasikan Penyembuhan Berbasis Wahyu ke dalam Wacana Kontemporer: Integrating Revelation-Based Healing Into Contemporary Discourse Wakia, Nurul; Yusuf, Muhammad; Haddade, Hasyim; HR, Sabriadi
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.57870

Abstract

The al-Qur'an, as the word of God (kalāmullāh), has various multidimensional functions for Muslims, one of which is as a healer (al-Shifa'), for both spiritual and physical ailments. In a spiritual context, the al-Qur'an cures ailments of the heart such as misguidance, doubt, and ignorance; while in the physical aspect, the al-Qur'an serves as a means of healing through the practice of ruqyah syar'iyyah. This article aimed to examine the meaning of al-Shifa' using the thematic exegesis method (tafsīr mawḍūʿī), compile related verses, and examine the views of classical exegetes such as Ibn Kathīr and al-Rāzī, as well as contemporary exegetes such as Quraish Shihab and Wahbah al-Zuḥailī. This study also highlighted the practical implementation of the concept of al-Shifa' in the lives of Muslims, particularly in the spiritual realm and al-Quran-based alternative medicine. This study employed a qualitative approach with a literature review, examining primary literature in the form of al-Quran verses and Qur’anic exegesis books, as well as secondary literature in the form of articles, journals, and books related to Qur'anic healing. The results showed that the al-Quran, as a source of healing, had a holistic function: healing psychological and emotional aspects, and was used in physical treatment through ruqyah. Scholars agreed that the meaning of syifā' was not merely physical, but rather profoundly spiritual and theological. In practice, reciting certain verses from the al-Quran was believed to calm the soul, alleviate anxiety, and be part of faith therapy. The concept of al-Syifā' in the al-Quran provided an understanding that true healing came not only from medical treatment but also through spiritual closeness to God. The al-Quran presented a comprehensive solution to address the physical and spiritual crises facing modern humans.
An Islamic and Statutory Comparison on the Protection of Labor Rights: Toward an Progresif Legal Framework Halim, Patimah; Jumardin, Marlina Aulia; Satriani, Indra
Shautuna: Jurnal Ilmiah Mahasiswa Perbandingan Mazhab VOLUME 6 ISSUE 2, MAY 2025
Publisher : Universitas Islam Negeri Alauddin Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24252/shautuna.v6i2.58103

Abstract

The main problem in this research is how to compare the protection of workers in fiqh muamalah and labor law. From the main problem, sub-problems are formulated, namely how the concept of work in Islam, how the protection of workers' rights in Islam and how the protection of workers' rights in the law. This research is literature (librari research) which examines several literature studies both journals and books related to labor. Working in the context of Islam is an obligation in terms of maintaining life. In fiqh muamalah, there are several protections of workers' rights, namely the right to receive a salary, the right to receive wages and the right to obtain job security. While in the context of legislation is the social and technical protection of labor, as well as social security protection.

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