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Ahmad Burhan Hakim
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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 182 Documents
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PENERAPAN SANKSI ADMINISTRATIF TERHADAP RUMAH SAKIT PELAKU FRAUD KLAIM JKN DALAM PERSPEKTIF HUKUM KESEHATAN Mutia Annisa
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2659

Abstract

Fraudulent claims in Indonesia’s National Health Insurance (JKN) pose a serious threat to financial sustainability and quality of healthcare services. Hospitals, as referral healthcare providers, are highly vulnerable to fraudulent practices such as upcoding, phantom billing, and diagnosis manipulation. This study analyzes the regulation and effectiveness of administrative sanctions imposed on hospitals committing JKN claim fraud from a health law perspective. Using a normative legal research method with statutory, conceptual, and case approaches, this study finds that although administrative sanctions are normatively regulated, their implementation remains ineffective in creating deterrence and legal certainty. Sanctions tend to be formalistic and weakly enforced due to limited supervision and inter-institutional coordination. Strengthening regulations, supervision systems, and sanction standards is therefore essential to ensure legal protection and sustainability of JKN
DISEMINASI TEMUAN IDENTIFIKASI SURAT SUARA TIDAK SAH DAN IMPLIKASINYA TERHADAP PENDIDIKAN PEMILIH PADA PEMILUKADA KABUPATEN WONOGIRI TAHUN 2024 Retno Eko Mardani Sutarto; Siti Fatimah; Aziz Widhi Nugroho; Aisyah Rukmi Widowati; Azahery Insan Kamil
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2714

Abstract

The 2024 simultaneous regional elections (Pilkada) represent a crucial milestone in Indonesia's democratization process, including in Wonogiri Regency, which is holding elections for the Governor and Deputy Governor of Central Java, as well as for the Regent and Deputy Regent. A crucial aspect in maintaining the integrity and legitimacy of elections is the validity of ballot papers. Invalid ballots often indicate problems with voter literacy, voting techniques, and the distribution of information related to voting procedures. This study aims to disseminate the results of the identification of invalid ballots in both elections, focusing on their categories, causes, and implications for the quality of local democracy. The method used was a qualitative descriptive analysis utilizing primary data from vote counting results at polling stations (TPS) and interviews with election organizers at the sub-district and village levels. The identification results showed that invalid ballots were generally caused by three main factors: technical errors by voters in voting (for example, marking more than one column), intolerable physical damage to the ballots, and forms of political protest through deliberate blanking or scribbling. Interesting findings indicate a correlation between voter education level and the number of invalid ballots, as well as significant differences between sub-districts. Disseminating the results of this study is crucial for providing input to the General Elections Commission (KPU) and the Elections Supervisory Agency (Bawaslu) in designing more effective voter education strategies. Furthermore, the findings of this study are expected to raise public awareness regarding the importance of understanding proper voting procedures. Thus, efforts to reduce the number of invalid ballots can contribute to improving the quality of democracy, transparency, and accountability of election administration in Wonogiri Regency in particular and Indonesia in general.
WANPRESTASI PERUMAHAN SYARIAH NON-BANK: URGENSI STANDARDISASI LABEL ‘SYARIAH’ MELALUI SERTIFIKASI KEPATUHAN Fadli Maulana
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2750

Abstract

The marketing of Sharia labeled housing by non bank developers has grown rapidly, yet the absence of binding standards and verification for the use of the Sharia label allows compliance claims to be made on a self declared basis, creating information asymmetry and contributing to widespread developer default and consumer losses. This article examines how the normative gap in standardizing and verifying Sharia labeling in non bank Islamic housing projects increases the risk of default and consumer vulnerability, and proposes a mandatory certification model as a preventive consumer protection instrument. Employing a normative legal method with statutory, conceptual, and case approaches, the study analyzes Indonesia’s consumer protection regime, the Halal Product Assurance framework, Sharia governance rules, and reported cases of default in non bank Sharia housing schemes. The findings indicate that, in practice, the Sharia label operates as a powerful compliance claim in marketing, but in the absence of enforceable auditing mechanisms it is often used without guarantees regarding project legality, contract structure, or financial capacity, thereby generating gharar, misrepresentation, and risk shifting to consumers. The article proposes a three pillar Sharia label: certification design legal verification, Sharia audit, and financial oversight, implemented by competent authorities as a prerequisite for using the Sharia label in promotion; absent such certification, Sharia claims should be treated as misleading information and unlawful advertising, subject to administrative sanctions and civil liability under the consumer protection framework
PENEGAKAN HUKUM TERPADU TERHADAP PELAKU UMKM ATAS PELANGGARAN TIDAK MENCANTUMKAN INFORMASI KADALUWARSA PRODUK MAKANAN Cep Yusup Suparman
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2758

Abstract

This research is motivated by the fact that many Micro, Small, and Medium Enterprises (MSMEs) in Indonesia still produce and sell food without including expiration date information on product packaging. This condition creates legal problems because it has the potential to harm consumers, endanger public health, and demonstrates weak supervision and law enforcement against business actors. This study aims to analyze the form of integrated law enforcement against MSMEs for violations of not including expiration information on food products and identify inhibiting factors in its implementation. The research method used is qualitative research with an empirical juridical approach. Data were obtained through observation, interviews, documentation, and literature studies, which were then analyzed descriptively qualitatively. The theories used in this study include law enforcement theory, consumer protection theory, and business actor responsibility theory. The results of the study indicate that law enforcement against MSMEs is still not running optimally due to low legal awareness among business actors, lack of socialization regarding the obligation to include expiration information, and limited supervision from relevant agencies. Integrated law enforcement is carried out through guidance, supervision, the imposition of administrative sanctions, and action in accordance with statutory provisions. Therefore, synergy is needed between the government, business actors, and the community to increase legal compliance and provide maximum protection to consumers.    
PEMBENTUKAN OPINI PUBLIK MELALUI INSTRAGRAM EYE.ONE.PALESTINE DALAM KONFLIK ISRAEL PALESTINA Fani Ardia Putri; Siti Fajrina
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2845

Abstract

The rapid development of social media has significantly transformed the landscape of globalpolitical communication, particularly in shaping public opinion on international conflicts. Oneaccount actively disseminating humanitarian narratives is the Instagram accountEye.one.Palestine, which consistently publishes content related to the conflict between Israeland Palestine. This study aims to analyze how the digital communication strategies employedby the account contribute to the formation of public opinion among its followers. This researchapplies a qualitative method with a content analysis approach, examining posts, captions,visual elements, and audience engagement patterns such as comments, likes, and shares. Datawere collected through direct observation of published content within a specific period andanalyzed using agenda-setting theory, framing theory, and the spiral of silence theory. Thefindings indicate that Eye.one.Palestine strategically utilizes emotionally compelling visuals,persuasive narratives, and targeted hashtags to cultivate empathy and solidarity towardhumanitarian issues in Palestine. The framing pattern predominantly emphasizes civiliansuffering, injustice, and the urgency of international support. Audience interaction intensitydemonstrates the emergence of a digital discursive space that reinforces collective opinion andencourages participation in the form of symbolic support and social action.This study concludes that Instagram plays a significant role as a medium for constructingsocial reality in global conflicts, where non-state actors can influence public perception acrossnational boundaries. The research contributes to the field of digital political communicationand the dynamics of public opinion formation in the social media er
TINJAUAN YURIDIS PENEGAKAN HUKUM DAN KEADILAN DALAM TINDAK PIDANA KORUPSI PASCA LAHIRNYA KUHP NASIONAL Sandi Purnomo
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2921

Abstract

This research is motivated by the enactment of the National Criminal Code (KUHP), which brought about a paradigm shift in the criminal law system in Indonesia, including in the enforcement of corruption laws. The research problem focuses on how law enforcement and the principle of justice are applied in corruption crimes after the enactment of the National Criminal Code, as well as the legal obstacles that arise in its implementation. The purpose of this research is to analyze the legal review of law enforcement against corruption crimes and examine the extent to which the value of justice is reflected in the application of law after the establishment of the National Criminal Code. This research uses a qualitative research method with a normative legal approach through the analysis of legislation, legal literature, and court decisions related to corruption crimes. The theories used in this research include the theory of law enforcement by Soerjono Soekanto, the theory of justice by John Rawls, and the theory of legal certainty to examine the relationship between law, justice, and the effectiveness of law enforcement. The results of the study show that the birth of the National Criminal Code provides updates in the criminal system and strengthens the principle of legality, but its implementation still faces various obstacles, such as overlapping regulations with special laws on corruption crimes, differences in interpretation by law enforcement officials, and the less than optimal application of the principle of substantive justice in the process of enforcing corruption laws in Indonesia
KEPENTINGAN STRATEGIS MINYAK BUMI DALAM ESKALASI KONFLIK AMERIKA SERIKAT DAN IRAN Satryo Pringgo Sejati; Ahmad Burhan Hakim
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2992

Abstract

This study discusses the strategic interests of petroleum in the escalation of conflict between the United States and Iran from the perspective of international relations. The conflict between the two countries represents one of the most complex geopolitical dynamics in the Middle East, influenced not only by ideological and security issues but also by global energy interests. Iran, as one of the countries with the largest oil reserves in the world, holds a strategic position in international energy distribution, particularly through the Strait of Hormuz, which serves as a major route for global oil trade. This condition places Iran as an important actor in energy geopolitics and a central concern of United States foreign policy.This research employs a qualitative method with a descriptive-analytical approach and utilizes library research as the primary research design. Data were collected from official documents, scientific journals, books, academic articles, and various international media sources related to the conflict between the United States and Iran. The analysis applies realism theory and an energy geopolitics approach to explain the relationship between national interests, control over energy resources, and the escalation of international conflict.The results of the study indicate that petroleum is a major factor influencing the dynamics of relations between the United States and Iran. The United States seeks to maintain its geopolitical dominance and global energy stability through various political and economic policies toward Iran, while Iran utilizes its energy resources and strategic geographical position to preserve its regional influence and national sovereignty. The conflict between the two countries demonstrates that oil is not merely an economic commodity but also a strategic political instrument in the struggle for global power. In addition to affecting the stability of the Middle East region, the US–Iran conflict also has significant implications for global energy security and the international economy
STANDARISASI GLOBAL HALAL DANDILEMATISASI REGULASI NASIONAL: TELAAHHUKUM ISLAM TERHADAP SERTIFIKASI HALALINDONESIA DALAM KONTEKS PASAR GLOBAL Andi Rezal Juhari; Kurniati Kurniati; A. Qadir Gassing
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2588

Abstract

This study aims to analyze the dynamics of global halal standardization and its influence on halal certification regulations in Indonesia, as well as to examine the basis for their harmonization through a maqāṣid al-syarī‘ah approach. This study employs a normative juridical approach with library research methods by tracing and qualitatively analyzing legal documents (Law No. 33 of 2014 concerning Halal Product Assurance along with its implementing regulations), global halal standards, and related scientific literature. The results indicate that global halal standards develop through networks of state actors and transnational institutions; however, they remain fragmented due to differences in authorities, audit procedures, economic-political interests, and jurisprudential differences (ikhtilaf). Indonesia implements a mandatory halal certification that emphasizes regulatory sovereignty and precaution in the supply chain, yet faces a dilemma when export products still require re-certification in destination countries. The issue of mutual recognition demonstrates that certificate recognition is not merely technical, but also normative due to its connection with the legitimacy of fatwa authorities. This study recommends a maqāṣid-based selective convergence through strengthening halal standardization diplomacy, increasing halal infrastructure capacity (Halal Inspection Agencies, auditors, laboratories), and formulating transparent and proportionate mutual recognition schemes to be compatible with the global market without compromising sharia certainty.
PENEGAKAN HUKUM DAN PEMBERDAYAAN MINUMAN TRADISIONAL BERALKOHOL DI NUSA TENGGARA TIMUR: SUATU ANALISIS KEARIFAN LOKAL DAN KEPASTIAN HUKUM Soraya Yuslani Eoh; Sinthya Daniel
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2974

Abstract

The regulation of traditional alcoholic beverages in East Nusa Tenggara, particularly moke and sopi, reflects a complex legal tension between cultural recognition, public health protection, law enforcement, and local economic sustainability. This article examines legal uncertainty and normative conflicts arising from the application of national alcohol control regulations, sectoral licensing rules, food safety standards, consumer protection norms, regional authority, and customary practices. The study uses normative legal research with statutory, conceptual, and prescriptive approaches. The analysis applies the theories of legal certainty, legal pluralism, and responsive regulation to assess whether the existing legal framework can provide proportional protection for traditional producers while preventing public health risks. The findings show that the current regulatory framework tends to classify traditional beverages under a general alcohol control regime without clearly distinguishing ritual use, household production, micro-commercial production, and high-risk commercial distribution. This creates legal vulnerability for small traditional producers and weakens predictable law enforcement. At the same time, cultural recognition cannot justify unregulated circulation, unsafe production, youth consumption, or harmful distribution practices. The article argues for a limited, conditional, and supervised responsive regulatory model based on local wisdom, public health standards, and legal certainty. The proposed model includes legal classification, simplified registration for traditional producers, alcohol-content testing, hygiene standards, labeling, age restrictions, collaborative supervision, proportional sanctions, and community-based economic empowerment. 
BEYOND PUNISHMENT: STRATEGI INKLUSIF DAN PEMBERDAYAAN SOSIAL DALAM PEMBERANTASAN KORUPSI Rahmat Angga Dwi Putra; Adhe Ismail Ananda; Tomi Agi Fratama
JOSH: Journal of Sharia Vol. 5 No. 02 (2026): Vol. 05 No. 02 Juni 2026
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v5i02.2975

Abstract

Corruption eradication in Indonesia remains strongly shaped by a repressive approach centered on investigation, prosecution, imprisonment, fines, and asset recovery. Although this approach is essential for criminal accountability, recent empirical indicators show that intensive law enforcement has not fully produced a sustainable integrity system. KPK enforcement statistics, Indonesia’s 2024 Corruption Perception Index score of 37/100, and ICW’s 2024 corruption monitoring report indicate that corruption persists as a structural, institutional, and cultural problem. This article examines the limitations of a punishment-oriented approach and proposes an integrity ecosystem approach based on social empowerment, public participation, and cross-sector collaboration. This research uses normative legal research with statutory, conceptual, and comparative approaches. The comparative scope is limited to Georgia and Finland. Georgia is analyzed through bureaucratic reform, public service transparency, digital monitoring, and civil society participation, while Finland is examined through integrity education, public trust, institutional accountability, and legal culture. The article argues that corruption eradication should not weaken criminal punishment, but should place punishment within a broader policy architecture. Social reintegration and restorative sanctions are positioned as complementary mechanisms, not substitutes for criminal liability. They include asset recovery, restitution of state losses, restrictions on public office, mandatory integrity education, anti-corruption social work, and post-sentencing monitoring. The article concludes that sustainable anti-corruption policy requires a shift from mere punishment to an integrity ecosystem involving the state, civil society, academia, media, and the private sector

Page 17 of 19 | Total Record : 182

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