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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 138 Documents
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Efektivitas Fatwa Majelis Ulama Indonesia (MUI) ke-III Tentang Rokok ayu anggraini; Muhyidin
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.918

Abstract

One of the results produced by Ijtima’ Ulama of the Indonesian Fatwa Commission III which was held by the MUI (Indonesian Ulema Council) in 2009 in Padang Pajang was a fatwa concerning smoking. In the fatwa issued by the MUI, there are three points in the legal provisions regarding the cigarette law, namely first they agreed that there would be a difference regarding the smoking law, namely between makruh and haram. Secondly, the ijtima participants agreed to give the mandate to the Central MUI to establish a fatwa for the makruh or haram of smoking. Third, the ijtima’ulama agreed that smoking law is illegal for four things, namely smoking in public places, for children, for pregnant women and for the members of the Indonesian Ulama Council. This article seeks to examine the MUI fatwa in terms of its methodology.
Pelaksanaan Pengawasan terhadap Kode Etik dan Perilaku Hakim Konstitusi di Indonesia Khusnul Catur Prasetya; Moh Sa’diyin
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.919

Abstract

The role of constitutional judges to uphold the justice is very important and strategic, for that reason all of requires the judges is a statesman, should also have good attitudes and behavior. Thus every constitutional judges need to do the monitoring of they behavior in order to protect the good name of the judicial institution. All of the judges, like Supreme Court justices or constitution judges are necessarily equate to an equivalent position, so it must be placed within the framework of democracy. The consequences is throught the third amendment of UUD 1945, the external controling for all of the judges implemented by creating the judicial commission. However, a growing mind at that moment only lead to Supreme Court justice and ranks, when it should be also the constitution judges within the framework of democratic and the judicial commission controled. Especially in socio-political, the formation of the judicial commission is in intended to strengthen the corruption eradication agenda, especially what happened in the sphere of justice within role of judge in integrity and well behaved, to ensure that the judicial function is implemented in independent, fair, clean and transparent
Penerapan Hukum dan Sanksi Tindak Pidana Pemerkosaan oleh Anak Dibawah Umur dalam Perspektif Hukum Pidana Islam Athiyyatul Mufidah1; Zamroni Ishaq
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.920

Abstract

: A criminal act is a violation of norms regarding disturbance of the rule of law intentionally or unintentionally committed by the perpetrator, where the imposition of a prison sentence against the perpetrator is necessary for the maintenance of legal order and also to ensure the interests of the general public. The rampant rape of minors, as happened in various regions in Indonesia, where the perpetrators were their own fathers to an ustadz who raped dozens of his students, children are the future of the nation who have the right to live and develop, so these rights must be protected, and there is no implementation Appropriate law against the perpetrators is the main focus where the application of sanctions is currently only limited to imprisonment for 5-15 years or life imprisonment even though there are opportunities for more severe punishments such as chemical castration and the death penalty. In the event that the crime of rape of a minor causes more than 1 person to be victimized, results in serious injury, mental disorder, infectious disease, disruption or loss of reproductive function, or the victim dies, the perpetrator shall be sentenced to death, life imprisonment or imprisonment for a minimum of 10 years and a maximum of 20 years.
Analisis Fatwa Ulama Indonesia dalam Menyikapi Pandemi Corona Virus 2019 Bahrul Muttakin; Abd. Hadi
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.924

Abstract

The COVID-19 pandemic has not ended yet; in fact it mutated and gave rise to a new variant which was later known as omicron. COVID-19 has threatened various sectors of life including religious life; religious rituals during the pandemic are limited and must follow health protocols to avoid the spread of the virus. Religious authorities play an important role in responding to this situation, including in issuing fatwas regarding guidelines for the implementation of worship during the COVID-19 period. Therefore, this article discusses the guidelines for the implementation of worship issued by these religious authorities. The focus of this article is to compare the fatwas of religious authorities regarding guidelines for the implementation of worship during the COVID-19 period; the fatwas referred to here are limited to the fatwas of the Indonesian Ulema Council (MUI), the fatwas of the Majlis Tarjih Muhammadiyah, and the fatwas of Lajnah Bahsul Masail Nahdlatul Ulama. This research is a library research with a comparative descriptive approach. The results of the study show that the fatwas related to the guidelines for the implementation of worship during the pandemic issued by the three religious authorities synergize, cooperate with and support each other in dealing with the COVID-19 pandemic. Unlike MUI and Nahdlatul Ulama, Muhammadiyah responded with concrete actions, namely establishing the Muhammadiyah COVID-19 Command Center (MCCC) with the main task of coordinating various programs in the context of dealing with the COVID-19 pandemic.
Kebijakan Penegakan Hukum Pidana dalam Menanggulangi Perjudian Ida Arodatul Jannah; Sutopo
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.925

Abstract

Criminal law is often used to solve social problems, especially in crime prevention. In particular, the problem of gambling as a form of social disease, a form of social pathology. Enforcement of criminal law to tackle gambling as deviant behavior must continue to be carried out. This is very reasonable because gambling is a threat a real threat to social norms that can lead to individual tensions as well as social tensions. Gambling is a real or potential threat to the nation. Thus gambling can become an obstacle to national development with material-spiritual aspects. Because gambling educates people to make a living in an unreasonable manner and forming a "lazy" character. While development requires individuals who are active, hard working and mentally strong. It is very reasonable then gambling must immediately find ways and rational solutions for a solution. Because it is clear that gambling is a social problem that can interfere with the social functions of society. One of the rational efforts used to tackle gambling is the criminal law policy approach.The use of legal remedies, including criminal law, as an effort to overcome social problems, including in the field of law enforcement policies. Besides that, because the goal is to achieve public welfare in general, law enforcement policies are also included in the field of social policy, namely all rational efforts to achieve public welfare.
Analisis Kebijakan Imigrasi dalam Upaya Mencegah Penyelundupan Orang dan Imigran Gelap di Indonesia (Imigran Rohingya) Maulidi, Maulidi; Ahmad Burhan Hakim
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.926

Abstract

Etymologically, the terms emigration, immigration and transmigration all come from the Latin discussion of migration, which means population movement. The movement of people from one place to another, near or far. So, the definition of migrant is the large-scale movement of people from one place to another. Rohingya is a Muslim ethnic group that has lived in Myanmar for centuries. They are a minority, because the majority of Myanmar's population adheres to Buddhism. The government's policy is already underway by providing food and clothing assistance and refugee camps for the Rohingya ethnic group, but many rejections of Rohingya refugees are due to a lack of appreciation for what has been given to them. It would be better for these Rohingya refugees to be returned to Bangladesh on an island specifically for their people where British organizations have raised funds for them.
Putusan Hakim Mahkamah Agung tentang Dispensasi Kawin (Dispensasi Kawin dalam Sistem Hukum Indonesia) Ahmad Nailul Mubarok; R. Zainul Mushthofa
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.930

Abstract

This article discusses the process of examining marriage dispensation cases prior to and following the enactment of Supreme Court Regulation Number 5 of 2019 concerning Guidelines for Adjudicating Marriage Dispensation Cases. This paper was written using a qualitative research method, specifically normative and empirical juridical approaches. According to the findings of this study, the provisions of Supreme Court Regulation Number 5 of 2019 have explicitly regulated several things that are not specifically regulated in the formal and material rules governing marriage dispensation. The adoption of this regulation is anticipation and standardization for judges in making legal decisions so that court decisions pay more attention to the best interests of children when granting a marriage dispensation application.
Generasi Perintis dan Penerus Studi Teori Kepartaian Fadilah, Sariul; Satryo Pringgo Sejati
JOSH: Journal of Sharia Vol. 3 No. 02 (2024): Vol.03 No. 02 (Juni) 2024
Publisher : Institut Pesantren Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v3i02.931

Abstract

Political parties are an important measure and condition for whether a country can be called a democracy or not. In other words, political parties in modern political life have become a very clear measure to see the level of democracy in a country. Political parties have become the most important representation of society's political power (political infrastructure) in modern political life for all countries that call themselves democracy country. The data collected from research sources is used as analytical data and to analyze the issues discussed, namely about the pioneering and succeeding generations which are based on a party theory. The development of the study of party theory has been tried to be traced from the pioneering generation that emerged at the beginning of the 20th century to its development until the 1990s. The explanation that the author has put forward in the discussion of this article is realized to be more focused on the development of the study of political parties that occurred in the Western world. The theories developed to date regarding political parties are still dominated by theories originating from the United States and parts of Europe. This condition raises concerns because theories originating from the west are not fully appropriate to the conditions of countries outside the United States and Europe.
Hukum Hibah Tanah untuk Gereja Persepektif Empat Mazhab Miqdarul Khoir Syarofit; Anisatun Nur Laili
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.148

Abstract

Social media in the current era is the fastest link between humans, various events in the fields of economy, education, and law continue to experience new things that have not even been encountered in the past. Not long ago, there was news that went viral among netizens regarding the giving of land by a Muslim in the Kalimantan area, to the church for restoration purposes. Islam as a religion of rahmatan lil 'alamin, of course, must be swift in giving laws related to new problems that are developing in society. This study uses the library research method, where the researcher focuses on studying the classic books and the sources needed to solve the law on the case. A formulation is obtained that the grant is basically a sunnah, if it has fulfilled the pillars and conditions determined by the Shari'a. One of the requirements for the gift is that the benefit of the object given does not violate religion. In the case of giving land from a Muslim for the construction of a church, according to the majority of scholars, it leads to haram law, because it is included in the category of synergy in disobedience, even disbelief. However, there is an opinion from Imam Abi Hanifah which states that this action is allowed if the location of the land given is in a village inhabited by non-Muslims. injured, the new disobedience occurred after the land given earlier functioned for the construction or restoration of the church
Demokrasi dan Politik Biaya Tinggi (High Cost Politics) Ahmad Burhan Hakim; Muhyidin, Muhyidin
JOSH: Journal of Sharia Vol. 1 No. 01 (2022): Januari : JOSH: Journal of Sharia
Publisher : Universitas Sunan Drajat Lamongan, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55352/josh.v1i1.149

Abstract

Democracy is a concept of state and politics which is considered the most ideal today. Democracy also has an important role in arranging the rules of the political and state game in Indonesia. So that after the 1998 reformation democracy became one of the important ideologies in Indonesian politics. The concepts of justice, openness, representation, transparency and accountability are a series of epic concepts in democracy. The basic concept is actually very noble. However, in practice, democracy is not just a raw concept. Electoral political events have resulted in a logical consequence, namely high-cost politics that cannot be separated from every moment of democracy. So do not be surprised if in political moments such as the Presidential Election, Legislative Member Election, Regional Head Election from Province to Regency and City and even Village Head Election requires large funds. Both in terms of implementation to the succession of candidates. The result is a widespread culture of corruption that occurs in our country. So this will certainly affect state politics in Indonesia. Democracy does have an extraordinary ideal concept, but the implementation of democracy requires a lot of funds.

Page 7 of 14 | Total Record : 138

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