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INDONESIA
JURIS (Jurnal Ilmiah Syariah)
Published by Institut Agama Islam Negeri Batusangkar
ISSN : 14126109     EISSN : 25802763     DOI : http://dx.doi.org/10.31958/juris.v21i1
Core Subject : Religion, Humanities, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
FOCUS JURIS provides scientific articles developed in attending through the article publications, original research report, reviews, and scientific commentaries in Sharia. SCOPE JURIS encompasses research papers from researcher, academics, and practitioners. In particular, papers which consider the following general topics are invited: 1. Islamic Family Law 2. Islamic Economic Law. 3. Islamic Constitutional Law 4. Islamic Criminal Law 5. Other Islamic law/Sharia
Arjuna Subject : Ilmu Sosial - Hukum
Articles 15 Documents
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Search results for , issue "Vol 23, No 1 (2024)" : 15 Documents clear
Institutionalization of Islam and Adat: The Legal System of Hak Langgeih in Aceh Duhriah Duhriah; Fauzi Yati; Tezi Asmadia; Aulia Rahmat; Muslim Muslim; Ahmad Syukran Baharuddin
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.7482

Abstract

This study aims to discuss the institutionalization of custom and Islam in the Fatwa of Aceh’s Ulama Consultative Council (MPU). Local genius and adat have recently emerged as essential role of the legal pluralism discourse in the age of globalization. This fatwa was issued in an effort to preserve Muslim land and property ownership in Aceh, Indonesia, after the tsunami. The effort has its dynamics, considering the existence and control of property by non-Muslims. The problem in this study is how the dynamics of the legal system, encompassing legal substance, legal structure, and legal culture, interact with the institutionalization of legal rights in Aceh's MPU Fatwa. This research is socio-legal research. The results of this study indicate that adherence to adat, mediated by ‘hak mieung’, has placed adat structures as dispute resolution processes. Legal culture is of greater significance than legal structure and substance in the institutionalization of hak langgeih in Aceh.
Legal Awareness of Halal Products Certification among East Java Business Operators and Society Khusniati Rofiah; Sri Lumatus Sa'adah; Martha Eri Safira; Abid Rohmanu; Azme Bin Haji Matali
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.10467

Abstract

The number of business operators in East Java increases significantly each year but is unfortunately not accompanied by increased legal awareness. While many business operators are aware of the halal certification obligation, they need to actually comply to it. This research was conducted in East Java on 111 micro and small business operators and medium-sized enterprises (MSMEs) spread across several cities. A total of 450 respondents of various backgrounds who, at the time of research, had run their business for at least two years were involved in direct interviews and questionnaire surveys. This research focuses on discussing the awareness of business operators and the community in East Java based on Soerjono Soekanto's legal awareness (understanding, knowledge, obedience, and legal attitudes), and maqasid sharia. Efforts to increase knowledge and understanding of business owners of legal awareness still lacked due to non-existent sanctions and incomprehensive campaign. Meanwhile, in legal culture, there is a perception that food consumed by the community is not necessarily halal-certified. The government strategy to advocate legal awareness of halal product certification includes product acceleration through the halal product information (SIP Halal) system that is easily accessible to MSMEs.
Cyber Security and Legal Protection for Dropshipping Transactions in Indonesia: between State Law and Islamic Law Khairudin Khairudin; Yusuf Baihaqi; Abdul Qodir Zaelani; Luqman Hafiz; Enizar Enizar; Muhammad Reza Fahlevy
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.11786

Abstract

This study aims to explain the cybersecurity and legal protection of dropshipping transactions from the Indonesian and Islamic economic law perspective. The normative and comparative judicial approaches were applied to achieve the research objectives. Descriptive and prospective analysis methods are used, and data are collected through primary and secondary sources. The findings revealed that despite the continuous growth of dropshipping contracts, Indonesia has no direct laws and regulations that particularly deal with the dropshipping mechanism and provide this cyber security to the system. In Islam, the dropshipping mechanism is linked with three types of contracts: Salam, Samsarah, and Wakalah. However, each type carries certain limitations as per Islamic/Sharia principles. Simultaneously, along with the cyber security laws available in financial transactions, the Islamic Fatwa can be regarded as a guide for dealing with dropshipping agreements and preventing cyber security. Furthermore, considering the increasing trend of dropshipping businesses, which is beneficial for the economic system, the existing cybersecurity laws and regulations must be amended to explicitly cover drop-shipping mechanisms.
Pulang Bale Marriage Traditions and Child Care Issues: A Study of Ḥaḍānah and Family Resilience in Aceh Fauzi Fauzi; Lukman Hakim; Ahmad Sunawari Long; Taslim HM Yasin
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.8597

Abstract

Pulang bale refers to a marriage that is carried out after death of the spouse (either husband or wife) with his/her siblings. This article aims to analyze pulang bale marriages in Aceh in relation to child protection. The facts so far show that many marriage models do not support their protection. To elaborate on this, researchers will highlight how this marriage typology can ensure support for the ḥaḍānah and how this typology encourages family resilience in protecting the children. Data was obtained through in-depth interviews and observations using qualitative technical analysts. This research used a Fiqh Munākaḥah and a sociological approach. The results of the research were; first, marriage strengthens the ḥaḍānah of children due to blood relationships (musaharah) and emotional between the child’s mother and stepmother. Second, family resilience is strengthened by the same extended family and there is minimal chance of conflict both economic and social. As a finding, pulang bale with the applicable customary provisions is a marriage typology that strengthens the family's commitment and resilience
Reforming the Rules on the Division of Joint Property: A Progressive Legal Approach Khairina Khairina; Khairani Khairani; Roni Efendi; Kasmuri Kasmuri; Okky Afrianto
JURIS (Jurnal Ilmiah Syariah) Vol 23, No 1 (2024)
Publisher : Universitas Islam Negeri Mahmud Yunus Batusangkar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31958/juris.v23i1.11565

Abstract

According to Presidential Instruction No. 1 of 1991 concerning the Compilation of Islamic Law (KHI) Articles 96 and 97 on the division of joint property, each person in a marriage that dissolves due to divorce or death is entitled to half of the property that is joint property. However, the legal circumstances presented in Payakumbuh Religious Court's Decision No. 657/Pdt.G/2022/PA Pyk did not follow the KHI and gave the plaintiff (the husband) a portion of ¼ and the defendant (the wife) a share of ¾ of the joint property. Therefore, the goal of the analysis presented in this article is to respond to the judge's ratio decidendi when it comes to joint property that are unrelated to the KHI. Then, a more thorough explanation of progressive law as a method of legal change in the realm of community property is provided. The research approach employed in this paper is the normative legal method. The investigation's findings demonstrate that the judge's reasoning is predicated on the idea that the wife's inherited assets, rather than the husband's income from their marriage, constitute the joint property at issue in the proceedings. In terms of income, living expenses, or child-education expenses, the plaintiff was unable to demonstrate how much he contributed to the defendant's household during their time together. The plaintiff could not provide sufficient evidence to support his claim that he could afford to buy the property, house, and four-wheeled vehicle that are at issue. According to the judge's ruling, progressive law satisfies societal legal requirements. The judge's ruling about the contribution of joint assets served as a legal justification for not dividing joint assets in half, based on the facts of the case

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