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Journal of Sharia (JOSH)
Published by Institut Pesantren Sunan Drajat Lamongan
ISSN : 28281497     EISSN : 28281012     DOI : https://doi.org/10.55352/josh.v1i2
Core Subject : Social,
Social Sciences
JOSH: Journal of Sharia dikelola oleh Fakultas Syariah Institut Pesantren Sunan Drajat Lamongan dan diterbitkan oleh Lembaga Penelitian dan Pengabdian Masyarakat (LP2M) Institut Pesantren Sunan Drajat Lamongan. Jurnal ini berisikan artikel ilmiah baik penelitian kualitatif maupun kuantitatif, dengan fokus kajian kajian berbasis syariah, hukum, sosial politik, dan ketatanegaraan
Arjuna Subject : Ilmu Sosial - Hukum
Articles 158 Documents
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PENEGAKAN PIDANA HIDUP BERSAMA DILUAR PERNIKAHAN IMPLIKASI HUKUM TERHADAP KEABSAHAN PERNIKAHAN TIDAK TERCATAT Anggraeni, Siti Nurul Dini; Ravena, Dey
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2647

Abstract

This study analyzes the criminal enforcement of Article 412 of Law Number 1 of 2023 on the Indonesian Criminal Code (KUHP) concerning cohabitation outside marriage. The central issue is the ambiguity in applying this provision to siri marriages that are religiously valid but administratively unregistered under Indonesian marriage law. Using a normative juridical approach with grammatical, systematic, and teleological interpretation, this study finds that Article 412 fails to distinguish between pure cohabitation and siri marriage as a form of living law. This legal inconsistency undermines legal certainty and grants excessive judicial discretion, potentially leading to disparities in court decisions. The criminalization of such conduct also raises concerns regarding civil status, inheritance rights of children, and the constitutional right to privacy. Based on Ashworth’s Test of Criminalization, the enforcement of Article 412 is disproportionate and inconsistent with the harm principle and the doctrine of ultima ratio.
OPINI PUBLIK SEBAGAI FAKTOR PEMBENTUK DISKRESI APARAT DALAM PENEGAKAN HUKUM: ANALISIS SOSIOLOGI HUKUM Nurwening , Wisnu Sri
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2648

Abstract

This study analyzes the role of public opinion in shaping the exercise of discretion by law enforcement officers in Indonesia. From a sociological law perspective, law is understood as a social institution that interacts with society, where public opinion can influence the legitimacy and practice of law enforcement. The phenomenon of penal populismindicates that public pressure often drives officers to make symbolic legal decisions, potentially blurring the normative boundaries of discretion. The study employs a qualitative descriptive approach, and analyzing legal documents and media reports. Thematic analysis is applied to explore the interaction between public opinion, penal populism, and officers’ discretion. Findings reveal that public opinion significantly affects the use of discretion, both directly and through the dynamics of penal populism. Discretion exercised professionally and based on legal principles enhances public trust, while distortion due to social pressure creates disparities and perceptions of injustice. This article emphasizes the importance of balancing responsiveness to public opinion with adherence to legal principles, as well as the need for accountability mechanisms and ethical training for law enforcement officers. The findings contribute to the development of sociological law studies and contemporary law enforcement practices.
A BRIEF REVIEW OF SIYASAH SYAR'IYYAH’S PRINCIPLES ON REASONS FOR THE AMENDMENT OF SINJAI REGENT REGULATION NUMBER 60 OF 2023 CONCERNING THE PARTICIPATION OF VILLAGE HEADS AND VILLAGE OFFICIALS IN THE BPJS HEALTH INSURANCE PROGRAM Nurazizah, Nurazizah; Taqiyuddin BN, Andi Muh.; Hisbullah, Hisbullah; Mustaufiq, Mustaufiq; Pababbari, Bariek Ramdhani
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2652

Abstract

This study aims to discuss a brief review based on the principles of syar'iyyah politics regarding the reasons for the amendment to Sinjai Regent Regulation Number 60 of 2023 concerning BPJS Health membership for village heads and village officials. This study is a qualitative study. The research design is field research. The supporting informants in this study consisted of the Head, Secretary, and Staff of Bonto Village, Sinjai Tengah District, Sinjai Regency, the Head of the Village Administration Division of the Sinjai Regency Community and Village Empowerment Office, and the Head of the Legal and Human Rights Division of the Sinjai Regency Secretariat. The results of this study show that the legal, philosophical, and sociological reasons for the amendment of Sinjai Regent Regulation No. 19 of 2021 to No. 60 of 2023 are in line with the principles of siyasah syar'iyyah. Among the reasons considered to be in line with these principles is the simplification of administration, which previously caused difficulties for village officials and even resulted in delays in the payment of BPJS Health contributions for village officials, ultimately leading to some village officials not receiving health services from BPJS.  However, the implications of this regulation still show inconsistencies with the principles of Siyasah Syar'iyyah. For example, there is a discrepancy with the principle of public interest, because if one village is late in uploading data, other villages are also affected, namely the system immediately experiences congestion. Health services for all village officials are also hampered. This also shows a discrepancy with the principle of justice, because there is unfair treatment of village officials who upload data on time.  
KEPAILITAN SEBAGAI INSTRUMEN PENGEMBALIAN KEKAYAAN: STUDI LITERATUR TERHADAP HUKUM KEPAILITAN DI INDONESIA Idris , Faizul; Ashuri, Ashuri; Mulyadi , Edi
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2654

Abstract

Bankruptcy is a legal instrument designed to collectively resolve debt disputes through a mechanism for managing and liquidating the assets of bankrupt debtors. Normatively, bankruptcy law in Indonesia aims to ensure the return of bankrupt debtors' assets to creditors in a fair, proportional, and legal manner. However, in practice, the effectiveness of bankruptcy as an asset recovery instrument still faces various obstacles. This study aims to analyze bankruptcy as an asset recovery instrument from the perspective of bankruptcy law in Indonesia and identify gaps between normative objectives and its implementation in practice. This study uses a normative legal research method with a literature review approach, through an examination of relevant laws and regulations, legal doctrine, and previous research findings. The results indicate that although bankruptcy law has a comprehensive normative framework, the effectiveness of asset recovery in bankrupt debtors is still hampered by legal and non-legal factors, such as asset complexity, limited asset tracing, curator professionalism, and inconsistent judicial practices. Therefore, strengthening the implementation of bankruptcy law is necessary so that it can function optimally as a creditor protection instrument and support a healthy business climate.
IMPLEMENTASI KEBIJAKAN PENEGAKAN HUKUM DI INDONESIA DALAM PERSPEKTIF SOSIOLOGI HUKUM Indrini Putri , Raden Selly
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2655

Abstract

Law enforcement is a very essential and substantial aspect in the concept of a state based on law, such as in Indonesia. This is because one of the elements to create or restore balance in the social order is law enforcement. The type of research used in this legal study is normative legal research (doctrinal research). Normative legal research is research based on legal materials (library based) that focuses on reading and studying primary and secondary legal materials. Thus, in legal research conducted to produce new theories, arguments, or concepts as prescriptions to solve the problems faced, the answers are whether they are right, inappropriate, or wrong. This research shows that law is considered effective if it aligns with the regulations established in legislation and meets societal expectations; as a result, the presence of such law can achieve social order within the community.
KONSTRUKSI NORMA DAN PENEGAKAN HUKUM TERHADAP PEMBUANGAN SAMPAH SEMBARANGAN DI KABUPATEN BANDUNG Firdaus , Maulana
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2656

Abstract

The waste problem in Bandung Regency is becoming increasingly alarming along with the rising volume of waste, while the behavior of littering still often occurs and impacts the environment, health, and social life of the community. This situation reflects a discrepancy between the normative provisions in Article 5 of Law Number 18 of 2008 on Waste Management and the practice of law enforcement in the field. Therefore, this study is important to examine regulations as well as the role of law enforcement in waste management in Bandung Regency. The purpose of this study is to analyze the regulatory framework regarding obligations, prohibitions, and sanctions in efforts to prevent littering, as well as to examine the law enforcement against such violations in Bandung Regency. The research method used is a normative legal approach with secondary data collected through literature studies and analyzed using qualitative data processing techniques. Based on the research results, Bandung Regency Regional Regulation Number 1 of 2022 on Waste Management has established obligations, prohibitions, and criminal sanctions, but it has not yet regulated preventive administrative sanctions. The law enforcement orientation that focuses more on criminalization reduces the effectiveness of prevention and is not in accordance with the principle of ultimum remedium, thus conflicting with Article 5 of Law Number 18 of 2008 on Waste Management. Waste law enforcement in Bandung Regency still faces various obstacles, including the limited number of civil service investigators and a handling pattern that is more reactive than preventive. The stagnation of enforcement amid increasing waste generation has weakened the function of the law as a means of prevention and deterrence.
Fast Track Legislation from the Perspective of People's Sovereignty: Criticism of the Weakening of Public Participation in the Legislative Process Umar, Kusnadi
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2662

Abstract

This article examines the practice of fast-track legislation in the formation of laws in Indonesia from the perspective of popular sovereignty and democratic constitutionalism. This study aims to analyze how accelerated legislation affects the quality of public participation in lawmaking. This study uses a normative legal research method with a legislative, conceptual, and constitutional approach. A literature review was used to collect primary, secondary, and tertiary legal materials. The results of the study show that the fast-track legislation mechanism has led to technocratic legislative practices characterized by difficulty in accessing supporting documents (academic papers and draft bills) and limited space for deliberation, causing the substantive legitimacy of laws to be increasingly eroded. Strengthening participation through amendments to Article 96 of Law No. 12 of 2011 through Law No. 13 of 2022 by adopting the concept of meaningful participation as formulated by the Constitutional Court in Decision No. 91/PUU-XVIII/2020 has proven unable to minimize the impact of fast-track legislation. -track legislation. This article concludes that the constitutional limits of fast-track legislation lie in the fulfillment of public legitimacy, which can only be achieved through meaningful participation. Therefore, strict regulations regarding time limits for the formation of laws and meaningful participation mechanisms are necessary to prevent tokenistic legislation that contradicts the principle of people's sovereignty.
URGENSI PENALARAN DAN PENEMUAN HUKUM BAGI PEJABAT TATA USAHA NEGARA DIKABUPATEN NIAS UTARA DALAM PEMBENTUKAN DAN PENGEMBANGAN KOPERASI DESA MERAH PUTIH. Telaumbanua, Faahakhododo; Rahmayanti, Rahmayanti; Tamba, Eko Gunarso; Gulo, Liberkah
JOSH: Journal of Sharia Vol. 5 No. 01 (2026): Vol. 05 No. 01 Januari 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i01.2683

Abstract

The establishment and development of the Merah Putih Village Cooperative (KDMP) in North Nias Regency requires sound legal reasoning and legal research from local State Administration (TUN) officials. This study aims to analyze the urgency of legal reasoning and legal research for TUN officials in supporting the establishment and development of the KDMP. The research method used combines normative-empirical methods with qualitative and legal analysis, along with case study and literature approaches. The results indicate that legal reasoning and legal research are crucial for TUN officials to create legal certainty, reduce conflict, increase accountability, and overcome legal difficulties in establishing and developing the KDMP in the village.

Page 16 of 16 | Total Record : 158

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