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Arifki Budia Warman
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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 276 Documents
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Out-of-Court Assistance Based on the Principle of the Best Interests of the Child: Study on Examination Process of Marriage Dispensation Cases Ashabul Fadhli; Asasriwarni Asasriwarni; Elfia Elfia; Muhammad Hizbi Islami
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.v23i1.10281

Abstract

This research aimed to elaborate the legal phenomenon of marriage postponement proposed by the applicant in the examination process of marriage dispensation cases at the Religious Courts of Bukittinggi. The decision is taken after the applicant receives out-of-court assistance in marriage dispensation cases by other institutions that has been explicitly regulated in the Supreme Court (PERMA) Number 5 of 2019. The purpose of the assistance is to ensure the children’s readiness in entering marriage and the follow up to limited amendment of Article 7 Marriage Law on age limit. This phenomenon is intriguing due to a sizeable finding on previous marriage dispensation cases where most applicants insisted on getting married soon. This field study is descriptive qualitative research applying the descriptive-analysis method. The empirical-juridical approach was employed, analyzing primary and secondary data sourced from interviews and documentations. The collected data were subjected to Creswell’s technique starting from data processing to data interpretation. The results showed that the assistance practice has successfully encourage many child applicants to make decisions based on their best interests, namely postponing the marriage that is facilitated through an integrated system that includes psychological examination, legal approach, and religious approach. Indeed, this system is non-existent in the previous examination process of marriage dispensation cases. Interpretation and realization of Article 15 of PERMA are perceived to have contributed to the decreasing number of marriage dispensation cases in the Religious Courts of Bukittinggi, and establishing PERMA Number 5 of 2019 as the law that guarantees the prevention of child marriage.
Examining Child Victims of Incest in Indonesia: Between the Legal System and Family Dysfunction Tateki Yoga Tursilarini; Trilaksmi Udiati; Irmawan Irmawan; Sunit Agus Tri Cahyono; Suryani Suryani; Dodi Al Vayed
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.v23i1.12341

Abstract

This study aimed at examining the factors causing incest sexual abuse against children in the context of family dysfunction and the legal system. A qualitative approach was used in conducting this research with a case study method of five families who experienced incest violence. Data were collected through in-depth interviews, participatory observation, and the analysis of relevant documents. The research findings showed that family dysfunction, such as divorce and poverty, as well as a lack of understanding and application of moral and religious values, were the main factors causing incest. In addition, the implementation of the law, which was not yet effective, and the absence of comprehensive prevention efforts had worsened the situation. This study emphasizes the need for enforcement of the legal system, family understanding, and community culture to be better at preventing, helping, and ensuring legal certainty to protect the psychology and future of children from incest sexual violence.
The Implications of the Countercyclical COVID-19 Policy on the Performance of Rural Banks and Sharia Rural Banks in Indonesia Syukri Iska; Nofrivul Nofrivul; Indra Jaya; Ifelda Nengsih; Elsy Renie
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.v23i1.12329

Abstract

This study investigated the impact of the Indonesian government policies implemented through POJK No. 11/POJK.03/2020 on the banking performance of Rural Bank (BPR) and Sharia Rural Bank (BPRS) after the implementation of countercyclical policies to stimulate the country's economy affected by the COVID-19 pandemic in Indonesia between March and December 2020. Mixed method approaches were applied to analyze the contributing factors to different performances between seven Rural Banks and seven Sharia Rural Banks in West Sumatra that were randomly selected through purposive sampling based on proportionate assets.  The quantitative data were financial statements sourced from the OJK 2021 Publications, and the qualitative data were collected from in-depth interviews with eight Directors of Rural Banks and Sharia Rural Banks selected from the snowball sampling. Analyzing Indonesian government policies embodied in the countercyclical policy, we found that banking policies in Sharia Rural Banks outperformed those of conventional Rural Banks, as reflected by the average ROA (1.16% vs 1.33%), ROE (0.09% vs. 0.08%), and NPL (6.67% vs. 6.82%). The contributing factor to this gap was the different internal policies of each institution to translate the countercyclical concept based on the operational principles, such as the interest rate of Rural Bank and margin of Sharia Rural Bank despite the fact that both banks shared practice in the principal deferment and credit extension.
Positivization of the Council of Indonesian Ulema’s Halal Fatwa: Policy and Position in Indonesian Legislation Fuad Mustafid; Khoiruddin Nasution; Ali Sodiqin
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.v23i1.10859

Abstract

Numerous studies have highlighted the significant role of the Council of Indonesian Ulema (MUI) in influencing the development of Islamic law in Indonesia. This has been achieved by integrating several of its legal fatwas into national legislation. However, few studies specifically address the positive impact of MUI's halal fatwas. Additionally, existing research has not thoroughly examined the strategies employed by this fatwa-issuing institution to promote its fatwas, particularly during the reform era. This article explores MUI's essential role and strategic policies during the Reform era in transforming its halal fatwas into state law, as well as the institution's position within Indonesian legislation. The data for this study are derived from official MUI publications, including the Basic Guidelines and Household Guidelines, the outcomes of National Conferences, the results of the Ijtima Ulama Fatwa Commission, the collection of MUI fatwas, and other sources. These data were collected from the Council of Indonesian Ulema's office, libraries, and other information providers. The collected data are then presented and analyzed using the theory of the positivization of Islamic law. This study demonstrates MUI's success and significance in converting its legal fatwas on halal products into state law. Furthermore, this article highlights MUI's crucial role in various regulatory legislations governing halal product assurance. The concept of fatwa positivization, as defined by Qodri Azizy, refers to the process by which MUI effectively integrates its legal fatwas into state law. MUI's approach could serve as one of the potential models or patterns for incorporating Islamic law into national legislation in Indonesia, amidst the ongoing debate on the adoption of Islamic law.
Implementation of Restorative Justice in a Customary Court in Rejang Lebong District, Bengkulu, Indonesia: A Maqāṣid Al-Sharī‘ah Review Toha Andiko; Zurifah Nurdin; Efrinaldi Efrinaldi
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.v23i1.12008

Abstract

This paper aims at analyzing the form of restorative justice implemented in a customary court in Rejang Lebong District, and maqāṣid al-sharī‘ah review of the customary court. This type of research is qualitative with sociological-juridical approach. Data sources were literature, observation, in-depth interviews and documentation. The data analysis technique used qualitative descriptive analysis. This study showed that the form of restorative justice applied in the process customary court in Rejang Lebong prioritizes deliberation and peace between the parties. In terms of sanctions, compensation is based on the request of the victim and the consent of the perpetrator coupled with customary fines. Although there is a provision for customary fines, in practice, the judge determines the amount according to the ability of the perpetrator. In terms of  maqāṣid al-sharī‘ah, the process prioritizing deliberation and peace is relevant to the objective of evading mafsadat, which is to reduce the anger and resentment of the victim or their family. Based on the form of sanctions applied, there is a benefit to maintain the existence of religion, property, soul, offspring, and honor. The sanctions prioritizing restoration, harmonious relations, deterrent effects, and learning for the community, have mutual functions of zawajir and ta'dib. This customary justice model that combines restorative justice and local wisdom can possibly be an alternative dispute resolution to non-litigation case settlement.
The Ideal Legal Protection of the Child Labor Rights in Indonesia: The Dimensions of Maqāṣid al-Sharī‘ah and the Welfare State Muhamad Harun; Fauziah Fauziah; Muhamad Sadi Is; Abdul Basir Bin Mohamad; Abdul Haq Syawqi
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.v23i1.10537

Abstract

The legal protection of child labor rights in Indonesia, which is regulated in the Indonesian legislation, was not yet ideal. There are many working children (aged 13 to 15 years) in Indonesia whose rights to a prosperous life have not been fulfilled, both in the maqāṣid al-sharī‘ah dimension and in the welfare state dimension. Thus, this research was about the ideal legal protection for the rights of child workers in Indonesia, and the aim was to know and look for the concept of ideal legal protection for the rights of child workers of 13-15 years of age in Indonesia which was in accordance with maqāṣid al-sharī‘ah and the welfare state. This normative research discussed the constitution and laws related to child labor rights by examining the main legal materials, theories, concepts and legal bases related to this research. The results of this research explained that the legal protection of child labor rights in Indonesia was not yet ideal due to lack of clarity in the labor law itself. Meanwhile, the findings in this research; legal protection for the rights of child workers aged 13 to 15 years in Indonesia was not yet ideal because it was not yet in accordance with the dimensions of maqāṣid al-sharī‘ah and the welfare state, and because child labor in Indonesia was still considered unlawful, therefore many children in Indonesia became neglected and poor.
Al-Qarḍ al-Ḥasan Program of Bankziska: Zakat Fund-Based Empowerment Model for Victims of Loan Sharks Iza Hanifuddin; Nur Kasanah; Eficandra Eficandra
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.v23i1.10799

Abstract

This research aimed at analyzing the effectiveness of the Bankziska program in empowering victims of loan sharks through the al-Qarḍ al-Ḥasan contract funded by zakat, administered by the Amil Zakat Infaq and Shadaqah of Muhammadiyah Institutions. Qualitative method was used in this research with a phenomenological approach using the activity data from the Amil Zakat Infaq and Shadaqah of Muhammadiyah Institutions in empowering loan shark victims through the Bankziska program. The data sources were obtained from managers, volunteers, and loan shark victims who were the partners of Bankziska. The research results showed that the reasons for the Amil Zakat Infaq and Shadaqah of Muhammadiyah Institutions to lend zakat funds were the references from fiqh and fatwa, training studies, organizational encouragement, academic input, and it is easy to implement. The implementation of the Bankziska program had detailed standard operating procedures, starting from the beneficiary categories, distribution, and payment processes, to mitigating the risk of default. The al-Qarḍ al-Ḥasan program of Bankziska had an impact on improving the quality of skills, mental, intellectual, technological, communication, and religious studies of managers and volunteers. The impact of the program for partners was the awareness to abandon usury, reduced debt both in nominal terms and the number of loan sharks and an increase in the ethos of economic independence. This research contributes to providing discourse and alternatives for other social and religious fund management institutions in using zakat funds productively for economic empowerment through the al-Qarḍ al-Ḥasan contract for victims of loan sharks who have difficulty accessing Sharia financial institutions to obtain business capital or financing services.
Legal Awareness-Based Religiosity: Unveiling the Segmentation and Motivation of Qurbani Participants in West Sumatra Testru Hendra; Zelfeni Wimra; Mahlil Bunaiya
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.v23i1.10824

Abstract

: Qurbani is perceived to be performed by people who have a lot of money, but in practice, financial capability is not the main reason why people perform qurbani. This article discusses what factors are the segmentation and motivation for performing qurbani and divides them into several reasons for qurbani participants based on age, gender, economic level, and education level. Furthermore, the segmentation of qurbani participants that has been determined is analyzed from the perspective of legal awareness, which is an indicator of the level of knowledge, understanding, attitude, and behavior. The purpose of the descriptive description of the segmentation and legal awareness of qurbani performers is to reveal the motivation of qurbani performers based on the experience of the people of West Sumatra. The method used is a mixed method (mix method), namely a qualitative-descriptive approach and a quantitative approach. The quantitative approach will measure the percentage based on the segmentation of qurbani participants, namely based on age, gender, education, and region The qualitative approach was used to analyze the qurbani participants' motivation, religious level, and legal awareness. The results showed that the segmentation of qurbani participants from the middle class is higher, as many as 42% of the total qurbani participants. The dominance of West Sumatran people's motivation for qurbani is influenced by the level of religiosity fostered through religious teachings and Ulama fatwas, while economic motivation is only one of the supporting factors, because materially, even though the community does not have economic stability, they are still enthusiastic about becoming qurbani participants with motivations based on the pattern of preparing qurbani costs and the preparation period. Furthermore, it was concluded that qurbani participants in West Sumatra have high legal awareness, this can be seen in the high level of understanding and knowledge of the qurbani law, as well as positive attitudes driven by religiosity, which strengthens social solidarity and community unity. This research implies that the participation, segmentation, and motivation of qurbani performers are not solely related to economic security, but rather to high levels of religiosity and legal awareness.
Islam and Christianity at Rumah Gadang: The Household Characteristics of Minangnese Interfaith Marriage Azhari Akmal Tarigan; Jufri Naldo; Syahrial Arif Hutagalung; Mohammad Reevany Bustami
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.v23i1.11926

Abstract

This study discusses the Islam and Christianity at Rumah Gadang: Characteristics of Minangnese interfaith marriage in Padang, Yogyakarta, and Salatiga. Minangnese households in these three cities are unique because they have two different beliefs. Despite this, their domestic life continues to be harmonious, and no conflicts based on religious beliefs exist. The research setting was carried out in three cities in Indonesia: Padang, Yogyakarta, and Salatiga. This research explains the process of interfaith marriage for Minangnese who live outside the Minangkabau administrative area. It also describes factors that make their household life harmonious even though they have two different beliefs. Then, it explains the implications of the household life of Minangnese interfaith marriages outside the Minangkabau region, namely in Padang, Yogyakarta, and Salatiga. The research method used is qualitative, using a sociology of religion approach. The informants interviewed were Minang people who were married to Christian partners and Minang figures who lived in the research area. Meanwhile, respondents were taken randomly from residents living around the research object. This research found that the household characteristics of Minangnese interfaith marriage tend to be adaptive, tolerant, and Sufistic. This study claims that religion, which has been accused of being the source of conflict and divorce in the household, is not valid. This can be seen from the social interactions of couples of interfaith marriage who live in harmony, peace, and harmony
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.

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